Skip to main content

Home/ GAVNet Collaborative Curation/ Group items tagged legal

Rss Feed Group items tagged

Filter: All | Bookmarks | Topics Simple Middle
Steve Bosserman

The idea of intellectual property is nonsensical and pernicious - Samir Chopra | Aeon E... - 0 views

aeon.co/...-is-nonsensical-and-pernicious

intellectual property

shared by Steve Bosserman on 12 Nov 18 - No Cached
  • A general term is useful only if it subsumes related concepts in such a way that semantic value is added. If our comprehension is not increased by our chosen generalised term, then we shouldn’t use it. A common claim such as ‘they stole my intellectual property’ is singularly uninformative, since the general term ‘intellectual property’ obscures more than it illuminates. If copyright infringement is alleged, we try to identify the copyrightable concrete expression, the nature of the infringement and so on. If patent infringement is alleged, we check another set of conditions (does the ‘new’ invention replicate the design of the older one?), and so on for trademarks (does the offending symbol substantially and misleadingly resemble the protected trademark?) and trade secrets (did the enterprise attempt to keep supposedly protected information secret?) The use of the general term ‘intellectual property’ tells us precisely nothing.
  • Property is a legally constructed, historically contingent, social fact. It is founded on economic and social imperatives to distribute and manage material resources – and, thus, wealth and power. As the preface to a legal textbook puts it, legal systems of property ‘confer benefits and impose burdens’ on owners and nonowners respectively. Law defines property. It circumscribes the conditions under which legal subjects may acquire, and properly use and dispose of their property and that of others. It makes concrete the ‘natural right’ of holding property. Different sets of rules create systems with varying allocations of power for owners and others. Some grants of property rights lock in, preserve and reinforce existing relations of race, class or gender, stratifying society and creating new, entrenched, propertied classes. Law makes property part of our socially constructed reality, reconfigurable if social needs change.
  • ‘Property’ is a legal term with overwhelming emotive, expressive and rhetorical impact. It is regarded as the foundation of a culture and as the foundation of an economic system. It pervades our moral sense, our normative order. It has ideological weight and propaganda value. To use the term ‘intellectual property’ is to partake of property’s expressive impact in an economic and political order constructed by property’s legal rights. It is to suggest that if property is at play, then it can be stolen, and therefore must be protected with the same zeal that the homeowner guards her home against invaders and thieves.
  • ...2 more annotations...
  • What about the common objection that without ‘intellectual property’ the proverbial starving artist would be at the mercy of giant corporations, who have existing market share and first-mover advantage? It is important to disaggregate the necessity and desirability of the protections of the various legal regimes of copyright, patents, trademarks and trade secrets from that of the language of ‘intellectual property’. Current copyright, patent, trade-secret and trademark law do not need to be completely rejected. Their aims are rather more modest: the reconfiguration of legal rules and protections in an economy and culture in which the nature of creative goods and how they are made, used, shared, modified and distributed has changed. Such advocacy is not against, for instance, copyright protections. Indeed, in the domain of free and open-source software, it is copyright law – through the use of artfully configured software licences that do not restrain users in the way that traditional proprietary software licences do – that protects developers and users. And neither do copyright reformers argue that plagiarists be somehow rewarded; they do not advocate that anyone should be able to take a copyrighted work, put their name on it, and sell it.
  • This public domain is ours to draw upon for future use. The granting of temporary leases to various landlords to extract monopoly rent should be recognised for what it is: a limited privilege for our benefit. The use of ‘intellectual property’ is a rhetorical move by one partner in this conversation, the one owning the supposed ‘property right’. There is no need for us to play along, to confuse one kind of property with another or, for that matter, to even consider the latter kind of object any kind of property at all. Doing so will not dismantle the elaborate structures of rules we have built in order to incentivise artistic and scientific work. Rather, it will make it possible for that work to continue.
Steve Bosserman

20 top lawyers were beaten by legal AI. Here are their surprising responses - 0 views

hackernoon.com/prising-responses-5dafdf25554d

artificial intelligence corporate law lawyers

shared by Steve Bosserman on 30 Oct 18 - No Cached
  • Steve Bosserman on 30 Oct 18
     
    "The study, carried out with leading legal academics and experts, saw the LawGeex AI achieve an average 94% accuracy rate, higher than the lawyers who achieved an average rate of 85%. It took the lawyers an average of 92 minutes to complete the NDA issue spotting, compared to 26 seconds for the LawGeex AI. The longest time taken by a lawyer to complete the test was 156 minutes, and the shortest time was 51 minutes. The study made waves around the world and was covered across global media."
Bill Fulkerson

Why capitalism is in constant conflict with democracy - 0 views

flip.it/hDEsWS

conflict democracy capitalism

shared by Bill Fulkerson on 08 Aug 20 - No Cached
  • Bill Fulkerson on 08 Aug 20
     
    The capitalist economic system has always had a big problem with politics in societies with universal suffrage. Anticipating that, most capitalists opposed and long resisted extending suffrage beyond the rich who possessed capital. Only mass pressures from below forced repeated extensions of voting rights until universal suffrage was achieved-at least legally. To this day, capitalists develop and apply all sorts of legal and illegal mechanisms to limit and constrain suffrage. Among those committed to conserving capitalism, fear of universal suffrage runs deep. Trump and his Republicans exemplify and act on that fear as the 2020 election looms.
Steve Bosserman

Climate science gets precise enough for legal action - SciDev.Net - 0 views

www.scidev.net/...e-enough-for-legal-action.html

climate change

shared by Steve Bosserman on 30 Oct 18 - No Cached
  • Parallel to the IPCC process, scientific advances mean that models can now link individual weather events to climate change as the cause, said Friederike Otto, acting director of the Environmental Change institute at the University of Oxford in the UK. This is done through attribution science—much in the same way that smoking was linked to cancer decades ago—which is “very much in legal discussions at the moment”, said Otto. Attribution science has been a game changer in the past five years, added Yamin: in the case of an event such as flooding or a heat wave, for example, “you don’t talk about a vague sense of weather any more — you can link it to anthropogenic activities that are causing long-term global change”.
Bill Fulkerson

How Uber Uses Psychological Tricks to Push Its Drivers' Buttons - The New York Times - 0 views

www.nytimes.com/...vers-psychological-tricks.html

shared by Bill Fulkerson on 03 Apr 17 - No Cached
  • Bill Fulkerson on 03 Apr 17
     
    "Uber exists in a kind of legal and ethical purgatory, however. Because its drivers are independent contractors, they lack most of the protections associated with employment. By mastering their workers' mental circuitry, Uber and the like may be taking the economy back toward a pre-New Deal era when businesses had enormous power over workers and few checks on their ability to exploit it."
Bill Fulkerson

Globalization and the End of the Labor Aristocracy, Part 1 | naked capitalism - 0 views

www.nakedcapitalism.com/...-labor-aristocracy-part-1.html

labor capitalism globalization

shared by Bill Fulkerson on 07 Apr 17 - No Cached
  • Bill Fulkerson on 07 Apr 17
     
    "Twenty-first century imperialism has changed its form. In the 19th century and the first half of the 20th century, it was explicitly related to colonial control; in the second half of the 20th century it relied on a combination of geopolitical and economic control deriving also from the clear dominance of the United States as the global hegemon and leader of the capitalist world dealing with the potential threat from the Communist world. It now relies more and more on an international legal and regulatory architecture-fortified by various multilateral and bilateral agreements-to establish the power of capital over labor. This has involved a "grand bargain," no less potent for being implicit, between different segments of capital. Capitalist firms in the developing world gained some market access (typically intermediated by multinational capital) and, in return, large capital in highly developed countries got much greater protection and monopoly power, through tighter enforcement of intellectual property rights and greater investment protections."
Steve Bosserman

How Artists Are Bringing Blockchain to Their Neck of the Woods - 0 views

www.ozy.com/...87872

personhood art nature blockchain

shared by Steve Bosserman on 28 Oct 18 - No Cached
  • It’s also a process that upends our deeply rooted legal norms that attach ownership to people. If we have historically tied ownership to the concept of natural or legal persons, what then happens, asks Kolling, if a non-human agent, whether a natural entity or a computer program, gains the ability to own? “Wouldn’t this ability come along with some kind of personhood?”
  • Kolling and his terra0 co-founders are part of a broader wave that’s ushering blockchain into the art world. Some are merely using the technology to verify the authenticity of particular works, but many artists want to go further. “Every system which plainly reproduces the old one is quite boring,” says Seidler, 29, who’s a head shorter than the lanky Kolling. “What interests me is using distributed ledgers as experimental systems where issues of autonomy, value and cooperation can be renegotiated.”
Bill Fulkerson

Anatomy of an AI System - 1 views

anatomyof.ai

AI amazon

shared by Bill Fulkerson on 14 Sep 18 - No Cached
  • Bill Fulkerson on 14 Sep 18
     
    "With each interaction, Alexa is training to hear better, to interpret more precisely, to trigger actions that map to the user's commands more accurately, and to build a more complete model of their preferences, habits and desires. What is required to make this possible? Put simply: each small moment of convenience - be it answering a question, turning on a light, or playing a song - requires a vast planetary network, fueled by the extraction of non-renewable materials, labor, and data. The scale of resources required is many magnitudes greater than the energy and labor it would take a human to operate a household appliance or flick a switch. A full accounting for these costs is almost impossible, but it is increasingly important that we grasp the scale and scope if we are to understand and govern the technical infrastructures that thread through our lives. III The Salar, the world's largest flat surface, is located in southwest Bolivia at an altitude of 3,656 meters above sea level. It is a high plateau, covered by a few meters of salt crust which are exceptionally rich in lithium, containing 50% to 70% of the world's lithium reserves. 4 The Salar, alongside the neighboring Atacama regions in Chile and Argentina, are major sites for lithium extraction. This soft, silvery metal is currently used to power mobile connected devices, as a crucial material used for the production of lithium-Ion batteries. It is known as 'grey gold.' Smartphone batteries, for example, usually have less than eight grams of this material. 5 Each Tesla car needs approximately seven kilograms of lithium for its battery pack. 6 All these batteries have a limited lifespan, and once consumed they are thrown away as waste. Amazon reminds users that they cannot open up and repair their Echo, because this will void the warranty. The Amazon Echo is wall-powered, and also has a mobile battery base. This also has a limited lifespan and then must be thrown away as waste. According to the Ay
Bill Fulkerson

Trump's New Executive Orders To Restrain the Administrative State - Reason.com - 0 views

reason.com/...train-the-administrative-state

trump administrative state

shared by Bill Fulkerson on 10 Dec 19 - No Cached
  • Bill Fulkerson on 10 Dec 19
     
    "The first order declares that its goal is "to ensure that Americans are subject to only those binding rules imposed through duly enacted statutes or through regulations lawfully promulgated under them, and that Americans have fair notice of their obligations."  The second complements the first, promising that Americans will not "be subjected to a civil administrative enforcement action or adjudication absent prior public notice of both the enforcing agency's jurisdiction over particular conduct and the legal standards applicable to that conduct.""
1 - 20 of 38 Next ›
Showing 20▼ items per page