Creative Commons: Benkler and Lessig practice what they preach

29 Jul 2006 | News | Update from University of Warwick
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Yochai Benkler and Lawrence Lessig are two well-known law professors affiliated with very prestigious US universities, Yale and Stanford, respectively. They are specialised in intellectual property like policemen are specialised in crime: it is their bailiwick but they do not particularly like it.

Yochai Benkler and Lawrence Lessig are two well-known law professors affiliated with very prestigious US universities, Yale and Stanford, respectively. They are specialised in intellectual property like policemen are specialised in crime: it is their bailiwick but they do not particularly like it.

Both of them have developed fairly radical views on the subject. The common core of their positions is that the traditional notion of intellectual property is inappropriate to the world of the Internet and to content that is disseminated over the Internet. They both argue in their publications and in their professional practice for a much more liberal attitude toward copyright and personal use of Internet-based content.

Of the two professors, Lessig is better known to the media, through his early involvement with the Electronic Frontier Foundation and his contentious role in the Microsoft trial in Washington: the Judge Jackson appointed him a special master to monitor Microsoft compliance and Microsoft objected so strenuously that Lessig?s appointment was rescinded. Lessig published three books, which received extensive coverage. And he frequently contributes to traditional media.

Benkler has assumed a somewhat lower profile. His personal entry on Wikipedia is considerably shorter than that of Lessig and his work received less attention in traditional media. This may change, however, following a recent publication of a book by Benkler, "Wealth of Networks", which received rave reviews: the Financial Times reviewer called it "perhaps the best work yet about the fast-moving, enthusiast-driven internet."

While Lessig has been primarily concerned with access to Internet-based content, the main interest of Benkler is the social production of content. He is fascinated by collective co-operation which drives such well-known Internet-based phenomena as Open Source software or Wikipedia. He defines them as examples of a commons-based peer production model. Such model provides a counterpoint to traditional firm-based and market-based production models.

What is remarkable is both men seek to actively practice what they preach. Their works have been published under the Creative Commons Licence, which means that they are accessible in their entirety on the Internet. Benkler is also seeking to use his book as a seed for a social production project. He posted it as Wikinotes, which makes it possible for anybody to edit it, comments and add new content.  This may lead to Wealth of Networks 2.0. Presumable, Benkler will keep a degree of editorial control but it will be interesting to see how this project unfolds.

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