Beyond Broadcast: Fri Keynote with James Doyle

Beyond Broadcast: Fri Keynote with James Doyle

I am at the Beyond Broadcast Conference in Boston. I'm going to post notes from the conference for the next 2 days.

James Boyle's Keynote on How Not to Screw All This Up: Network Nuetrality

• it is a blindness to not see potential of commons-based production -


• we fail to see that by not completely controling property rights and etc there is opportunity to generate interesting levels of content. We are blind at every level of networked policy.


• we tend to systematically undervalue the openess and see only the potential of closed side and we should be aware of this.


• at every level there shold be a balance of protection versus openess = communications protocol and we need to decide how open or close.


• this struggle of decisions omn levels of control happens on every level, content generation to individual design-e.g. computer-e.g. language


• inability to understand costs of closing systems - they want incentives and control


• we are not good at understanding intangible property


• it's hard to deplete an idea


• Enclosure movement


• we tend not to think of authors as producing stuff out of raw material


• law school teaches the opposite - train lawyers to assume that client wants ALL the rights and MAXIMIM control - that's an assumption that schools assume this type of training

Some Tips:

• make sure you leave as much room for feedback so that other's can see what you can't see


• dont' give up on net nuetrality


• don't make more controls - DRM


• we need a counterweight to property rights - antitrust-democracy

James Doyles is a William Neal Reynolds Professor of Law and Faculty Co-Director of the Center for the Study of the Public Domain at Duke Law School

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