Reviews

James Boyle['s]  new book, “The Public Domain,” is a superb introduction to the subject.  Underlying all property law is the question: How is wealth created? Obviously, every innovation has an individual component and a social component: inspiration plus tradition. Every original creation, Boyle observes, is “built from the resources of the public domain – language, culture, genre, scientific community, or what have you.” Artists and inventors must eat, so they must have enough control over their creations to reap some financial reward. But unlimited control could make their work unavailable to future artists and inventors, diminishing everyone’s welfare….Taking off from a masterly analysis of Ray Charles’s “I Got a Woman,” Boyle demonstrates that hardly any 20th-century American popular culture could have come into being under today’s copyright laws. He also shows that the Internet is a lucky fluke, which barely escaped being turned into a one-way, access-controlled, pay-per-view medium like cable TV.   George Scialabba, The Boston Globe

[R]emarkable in many ways… As someone teaching a course annually on information policy, I welcome this clarity and the sheer enthusiasm and humor of this simply delightful book…  Anyone with even the slightest interest in intellectual property, government policy, and the Internet should read this book. Highly, highly recommended!    Edward J. Valauskas, Book review First Monday, Volume 14The Public Domain Egg..., Number 1 – 5 January 2009

The Public Domain is effortlessly lucid and downright witty in places, making it perfect for those living and working outside the ivory tower….One of the most interesting aspects of the book is the way that Boyle uses the metaphor of the commons – specifically, the one that intellectual monopolies are now enclosing – to make a plea for an “environmentalism for information” that will help preserve that commons just as environmentalism in the physical world seeks urgently to preserve the physical commons..  Glyn Moody, ComputerworldUK

“Boyle has been the godfather of the Free Culture Movement since his extraordinary book, Shamans, Software, and Spleens set the framework for the field a decade ago. In this beautifully written and subtly argued book, Boyle has succeeded in resetting that framework, and beginning the work in the next stage of this field. The Public Domain is absolutely crucial to understanding where the debate has been, and where it will go. And Boyle”s work continues to be at the center of that debate.”    Lawrence Lessig, C. Wendell and Edith M. Carlsmith Professor of Law, Stanford Law School and author of Free Culture and The Future of Ideas

“..one of the most articulate, thoughtful, funny and passionate thinkers in the global fight for free speech, open access, and a humane and sane policy on patents, trademarks and copyrights. A legal scholar who can do schtick like a stand-up comedian, Boyle is entertaining as well as informative.” Cory Doctorow, Boing Boing

“In this delightful volume, Professor Boyle gives the reader a masterful tour of the intellectual property wars, the fight over who will control the information age, pointing the way toward the promise-and peril-of the future. A must read for both beginner and expert alike!”  Jimmy Wales, founder, Wikipedia

“Boyle is one of the world”s major thinkers on the centrality of the public domain to the production of knowledge and culture. He offers a comprehensive and biting critique of where our copyright and patent policy has gone, and prescriptions for how we can begin to rebalance our law and practice. It is the first book I would give to anyone who wants to understand the causes, consequences, and solutions in the debates over copyrights, patents, and the public domain of the past decade and a half.”  Yochai Benkler, Berkman Professor of Entrepreneurial Legal Studies, Harvard Law School

From the Blog

  • The Prosecution of Aaron: A Response to Orin Kerr

    Aaron Swartz committed suicide last week.  He was 26, a genius and my friend.  Not a really good friend, but someone I had worked with off and on for 11 years, liked a lot, had laughed with frequently, occasionally shaken my head over and deeply admired.

  • The Hargreaves Review

    An Intellectual Property System for the Internet Age

    James Boyle

    In November 2010, the Prime Minister commissioned a review of the Britain’s intellectual property laws and their effect on economic growth, quoting the founders of Google that “they could never have started their company in Britain” because of a lack of flexibility in British copyright..  Mr. Cameron wanted to see if we could have UK intellectual property laws “fit for the Internet age.”   Today the Review will be published. Its conclusion?  “Could it be true that laws designed more than three centuries ago with the express purpose of creating economic incentives for innovation by protecting creators’ rights are today obstructing innovation and economic growth?  The short answer is: yes.” Those words are from Professor Ian Hargreaves, head of the Review.   (Full disclosure: I was on the Review’s panel of expert advisors.)

  • Keith Aoki — A Remembrance Book

    A slideshow and downloadable book remembering Keith in words and pictures.  You can order a glossy, high quality copy of the book itself here from Createspace or here from Amazon.  We tried to make it as beautiful as something Keith would create.  We failed. But we came close; have a look at how striking it is… all because of Keith’s art.

  • Now THAT is how you teach a class

  • RIP, Keith Aoki

    Our friend, colleague, co-author and brilliant artist and scholar Keith Aoki died yesterday in his house in Sacramento.  He was 55 years old.

  • The Future of the Constitution?

    The Brookings Institution has organized a volume on “The Future of the Constitution” edited by Jeff Rosen and Benjamin Wittes and featuring articles by me, Larry Lessig, Jonathan Zittrain, Tim Wu and many others.  How will our constitutional tradition deal with the challenges posed by new technologies?  The topics range from possible personhood claims by artificial intelligences, to the future of free speech and the Net, to neuroscience and criminal punishment.  The essays are freely available online. Details after the jump.

  • Presumed Guilty

    My new FT column is up. Shakespeare, copyright, Scott Turow and a shadowy group of law professors..  What could be more fun? Ungated version after the jump. 

  • Waiting for ‘Waiting for Godot’

    What Could Have Been Entering the Public Domain on January 1, 2011?
    read more

  • Fantasy & Reality in Intellectual Property Policy

    My new column for the FT is up.  It deals with the incredible weakness of the data on which our intellectual property policy proceeds.   Ungated version after the jump

  • CBC Radio Interview on the History of Copyright

    Nora Young and the folk at CBC’s Spark have done it again, with a really nicely presented episode that includes a feature on copyright.  Nora interviews me about the history of copyright…  in 5 minutes.

  • EFF Pioneer Award Video

    Is here. I appear at 3:25 or so.

  • EFF Party in San Francisco!

    On November 8th, Cory Doctorow, John Perry Barlow, and numerous other digital luminaries will be gathering at the Minna Gallery in San Francisco for the EFF’s Pioneer Awards Party.  Cory is going to be the MC and — when not featured on XKCD blogging from a ballon in a red cape and goggles…

  • Net Neutrality Debate

    Great hour long radio show on net neutrality from NPR’s The State of Things.  Me, the inimitable Paul Jones of iBiblio, and Ryan Radia of the Competitive Enterprise Institute.  Frank Stasio is just a great interviewer.  Listen to it here

  • Op Art Comic in todays SF Chronicle

    We have a centerfold Op Art comic on “Copyright’s Futures”  in today’s San Francisco Chronicle.  The comic is

  • Why I Miss Justice Blackmun…

    This isn’t a post about intellectual property or the networked society, so if your interests only run that far, cease reading here.  In the late 80′s and early 90′s refugees were attempting to escape what was, in a decidedly non metaphorical sense, a hellish situation in Haiti..

  • Why We Need a Digital Civil Society

    Nitya Rajan interviewed me at Orgcon about why the legislative process malfunctions particularly badly on digital policy, and what the creation of civil society groups could do to fix that.  Video after the jump.

  • Who Steals the Gene from Off the Common

    My new Financial Times column on the creation of a science commons is now up.  For the ungated version, read on…

  • What if the Web Really Worked For Science?

    Here is the video of my speech in Vienna at the IRF symposium.  The title was What If the Web Really Worked for Science? Reimagining Data Policy and Intellectual Property.

  • Is Google Naive, Crafty or Stupid?

    I just started writing a column for the Huffington Post.  (I will still be writing for the FT.)  My first column is on the Google-Verizon announcement.  Not the “what” but the “why?”

  • Video of ORGCON keynote

    The Open Rights Group held its first big conference — ORGCON — in London last month and I was really honoured to give the keynote.  The Twitter cascade behind me, however,

  • Er… Bigfoot? Really?

    If one gets a lot of e-mail, one will eventually get very strange e-mail, but there is a frontier; an event horizon of bizarreness, that one doesn’t expect to be surpassed.  But life is richer than that.

  • Monopolists of the Genetic Code?

    Last week, Craig Venter created a media frenzy – and a frenzy of bioethical hand-wringing – when he announced the creation of the first “synthetic cell.” In reality,

  • Public Lectures in Lisbon and Florence

    Colleagues at Catolica University in Lisbon and the European University Institute in Florence have very kindly asked me to give lectures next week on “Cultural Agoraphobia”

  • NPR’s “On The Media” Interview: The Birthday of ©

    statute of anneBrooke Gladstone of On the Media interviews me about the birth, change and metastasis of copyright;

  • The Next Bad Thing?

    What if you could own the facts of the news?…..  Would that save the news industry?

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