The Public Domain - Enclosing the Commons of the Mind
James Boyle (2008)

Table of Contents


Preface: Comprised of at Least Jelly?

Chapter 1: Why Intellectual Property?

You’ll Get My Library of Congress When . . .

Chapter 1: Further Reading

Chapter 2: Thomas Jefferson Writes a Letter

The Jefferson Warning

A Natural Right?

A Tradition of Skeptical Minimalism

Chapter 2: Further Reading

Chapter 3: The Second Enclosure Movement

How Much of the Intangible Commons Should We Enclose?

Chapter 3: Further Reading

Chapter 4: The Internet Threat

The Logic of Perfect Control

Costless Copying Brings Both Costs and Benefits

The Holes Matter as Much as the Cheese

From Napster to Grokster

Chapter 4: Further Reading

Chapter 5: The Farmers’ Tale: An Allegory

Between Paranoia and Reality: The DMCA

Infectious Speech: The DMCA and Freedom of Expression

The Apple of Forbidden Knowledge: The DMCA and Competition

Summing Up: Exaggerations, Half-Truths, and Bipolar Disorders in Technology Policy

Chapter 5: Further Reading

The DMCA and DRM

The DMCA and Freedom of Expression

Chapter 6: I Got a Mashup

I Got A Woman

An Industry of Gold Diggers

George Bush Doesn’t Care . . .



Chapter 6: Further Reading

Musical History

Musical Borrowing

Music and Copyright Law

The People and the Music

Chapter 7: The Enclosure of Science and Technology: Two Case Studies

A Machine that Contains All Other Machines

Synthetic Biology

Chapter 7: Further Reading

Chapter 8: A Creative Commons

Free and Open Software

Learning from the Sharing Economy

Chapter 8: Further Reading

Distributed Creativity

Free and Open Source Software

Creative Commons

Chapter 9: An Evidence-Free Zone

Owning Facts?

Does Public Information Want To Be Free?

Breaking the Deal

Chapter 9: Further Reading

Database Rights

Evidence-based Policy

Publicly Generated Information

Sound Recording Rights

Chapter 10: An Environmentalism for Information

Cultural Agoraphobia?

Learning from Environmentalism

Chapter 10: Further Reading


License: Creative Commons Attribution-Noncommercial-Share Alike (CC-BY-NC-SA) 3.0 http://creativecommons.org/licenses/by-nc-sa/3.0/

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