Abstract:
Is there one public domain, or are there many public domains? The scholarly literature predominantly assumes there is only one, for references abound to “the public domain” in the singular. Yet, even a cursory review of this literature reveals that scholars sometimes define this term differently. So if there is only one public domain, but many definitions, perhaps one objective of scholarly discourse about the public domain should be to seek consensus on the one “true” definition.
Professor James Boyle has provocatively suggested that there are many public domains, and has urged scholars to develop a rich vocabulary for distinguishing among them. He points out that the word “property” has multiple meanings, and discourse about property proceeds without confusion because legal professionals have learned to discern which meaning is intended from the textual context. Boyle urges intellectual property scholars to develop a similarly nuanced public domain vocabulary so that it will be possible to distinguish among its several meanings as well. Source: Berkeley Center for Law and Technology. Law and Technology Scholarship (Selected by the Berkeley Center for Law & Technology). Paper 23.
Download PDF Publication | Link to e-scholarship repository
No comments:
Post a Comment