Information Wants to Be Free: Intellectual Property and the Mythologies of Control Export

@article{citeulike:1281079, abstract = {This Essay challenges a central tenet of the recent criticism of intellectual property rights: the suggestion that the control conferred by such rights is detrimental to the continued flourishing of a public domain of ideas and information. In this Essay, Professor Wagner argues that such theories understate the significance of the intangible nature of information, and thus overlook the contribution that even perfectly controlled intellectual creations make to the public domain. In addition, this Essay shows that perfect control of propertized information--an animating assumption in much of the contemporary criticism--is both counterfactual and likely to remain so. These findings suggest that increasing the appropriability of information goods is likely to increase, rather than diminish, the quantity of "open" information. Further, the benefits of control in fostering coordination and enabling flexibility in arrangements are essential elements of promoting progress in a changing world.}, author = {Wagner, R. Polk}, citeulike-article-id = {1281079}, citeulike-linkout-0 = {http://dx.doi.org/10.2307/1123783}, citeulike-linkout-1 = {http://www.jstor.org/stable/1123783}, doi = {10.2307/1123783}, issn = {00101958}, journal = {Columbia Law Review}, keywords = {ip}, number = {4}, pages = {995--1034}, posted-at = {2007-05-18 09:32:41}, priority = {0}, publisher = {Columbia Law Review Association, Inc.}, title = {Information Wants to Be Free: Intellectual Property and the Mythologies of Control}, url = {http://dx.doi.org/10.2307/1123783}, volume = {103}, year = {2003} }

TY - JOUR ID - citeulike:1281079 L3 - citeulike-article-id:1281079 N2 - This Essay challenges a central tenet of the recent criticism of intellectual property rights: the suggestion that the control conferred by such rights is detrimental to the continued flourishing of a public domain of ideas and information. In this Essay, Professor Wagner argues that such theories understate the significance of the intangible nature of information, and thus overlook the contribution that even perfectly controlled intellectual creations make to the public domain. In addition, this Essay shows that perfect control of propertized information--an animating assumption in much of the contemporary criticism--is both counterfactual and likely to remain so. These findings suggest that increasing the appropriability of information goods is likely to increase, rather than diminish, the quantity of "open" information. Further, the benefits of control in fostering coordination and enabling flexibility in arrangements are essential elements of promoting progress in a changing world. IS - 4 JF - Columbia Law Review SN - 00101958 EP - 1034 TI - Information Wants to Be Free: Intellectual Property and the Mythologies of Control PB - Columbia Law Review Association, Inc. VL - 103 SP - 995 KW - ip AU - Wagner, Polk PY - 2003/// UR - http://dx.doi.org/10.2307/1123783 ER -