38 Pages Posted: 27 Feb 2012
Date Written: November 15, 2011
After clarifying the notion and different areas of the (digital) "public domain" the paper engages in discussing literature on its relevance for society in general and economic innovation in particular. The effectiveness of the utilization of these abstract potentials however depends on the respective public domain regulation. In this context, the paper distinguishes different regulatory modes and arenas in both copyright and patent law, thereby focusing private regulatory initiatives such as Creative Commons or Biological Open Source (BiOS). In the last section, the paper presents open research questions and makes some preliminary suggestions for potential research strategies.
Keywords: Public Domain, Commons, Regulation, Innovation, Patents, Copyright
Suggested Citation: Suggested Citation
Dobusch, Leonhard, The Digital Public Domain: Relevance and Regulation (November 15, 2011). HIIG Discussion Paper Series No. 2012-02. Available at SSRN: https://ssrn.com/abstract=2011815 or http://dx.doi.org/10.2139/ssrn.2011815