Abstract

http://ssrn.com/abstract=1823724
 


 



Comparative Tales of Origins and Access: Intellectual Property and the Rhetoric of Social Change


Jessica M. Silbey


Suffolk University Law School

April 26, 2011

Case Western Reserve Law Review, Vol. 61, p. 195, 2010
Suffolk University Law School Research Paper No. 11-21

Abstract:     
This Article argues that the open-source and anti-expansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well-known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent policy debates, this Article contrasts the language of traditional intellectual-property law (origins and exclusivity) with the new language of the Access Movements (anti-origins and access). The Article compares the language of the Access Movements to that of sociopolitical movements of the past, and it draws lessons for successful and unsuccessful uses of rhetoric to enact social change. The Article concludes by showing how the language of the Access Movements retains certain core elements of the intellectual-property regime to which it is reacting and investigates whether this is an effective strategy (whether or not a conscious one) to stimulate change.

Number of Pages in PDF File: 75

Keywords: intellectual property, trademark, copyright, patent, narrative, law and literature, law and culture, rhetoric, social change, social movements, open source, property

Accepted Paper Series





Download This Paper

Date posted: April 26, 2011  

Suggested Citation

Silbey, Jessica M., Comparative Tales of Origins and Access: Intellectual Property and the Rhetoric of Social Change (April 26, 2011). Case Western Reserve Law Review, Vol. 61, p. 195, 2010; Suffolk University Law School Research Paper No. 11-21. Available at SSRN: http://ssrn.com/abstract=1823724

Contact Information

Jessica M. Silbey (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
617 305 6270 (Phone)
HOME PAGE: http://www.suffolk.edu/law/faculty/22481.php?InstructorID=819&Name=Jessica%20Silbey

Feedback to SSRN


Paper statistics
Abstract Views: 549
Downloads: 64
Download Rank: 211,453

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.297 seconds