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From Medieval Guilds to Open Source Software: Informal Norms, Appropriability Institutions, and Innovation


Robert P. Merges


University of California, Berkeley - School of Law

November 13, 2004


Abstract:     
This essay draws on recent scholarship concerning the nature and function of medieval guilds. I argue that certain features of these guilds appear in modern institutions that further collective invention ("appropriability institutions"): patent pools, industry-wide standard-setting organizations, informal knowledge exchange among academic scientists, and (in a more limited way) open source software development. In particular, guilds and modern institutions share three features: (1) an "appropriability structure" that makes it profitable for individual entities to develop new technologies and sometimes share them; (2) reliance on group norms, as opposed to formal legal enactments, as an enforcement mechanism; and (3) a balance of competition and cooperation which determines what information is to be shared with the group, and what (if any) individual-proprietary information is not. The current trend toward greater dispersal and atomization of economic activity may increase the importance of such interfirm appropriability institutions.

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Date posted: February 5, 2005  

Suggested Citation

Merges, Robert P., From Medieval Guilds to Open Source Software: Informal Norms, Appropriability Institutions, and Innovation (November 13, 2004). Available at SSRN: http://ssrn.com/abstract=661543 or http://dx.doi.org/10.2139/ssrn.661543

Contact Information

Robert P. Merges (Contact Author)
University of California, Berkeley - School of Law ( email )
Boalt Hall
Berkeley, CA 94720-7200
United States
510-643-6199 (Phone)
510-643-6171 (Fax)
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