Sharing by Design: Data and Decentralized Commons

3 Pages Posted: 23 Jun 2016 Last revised: 14 Jul 2016

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Jerome H. Reichman

Duke University School of Law

Date Written: December 11, 2015

Abstract

Ambitious international data-sharing initiatives have existed for years in fields such as genomics, earth science, and astronomy. But to realize the promise of large-scale sharing of scientific data, intellectual property (IP), data privacy, national security, and other legal and policy obstacles must be overcome. While these issues have attracted significant attention in the corporate world, they have been less appreciated in academic and governmental settings, where solving issues of legal interoperability among data pools in different jurisdictions has taken a back seat to addressing technical challenges. Yet failing to account for legal and policy issues at the outset of a large transborder data-sharing project can lead to undue resource expenditures and data-sharing structures that may offer fewer benefits than hoped. We propose a framework to help planners create data-sharing arrangements with a focus on critical early-stage design decisions including options for legal interoperability.

Keywords: data sharing, commons

Suggested Citation

Contreras, Jorge L. and Reichman, Jerome H., Sharing by Design: Data and Decentralized Commons (December 11, 2015). 350 Science 1312 (2015); University of Utah College of Law Research Paper No. 172. Available at SSRN: https://ssrn.com/abstract=2799306

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Jerome H. Reichman

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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