Shamans, Software, and Spleens: Law and the Construction of the Information Society

Shamans, Software, and Spleens: Law and the Construction of the Information Society

by James Boyle
     
 

ISBN-10: 0674805224

ISBN-13: 9780674805224

Pub. Date: 05/28/1996

Publisher: Harvard University Press

Who owns your genetic information? Might it be the doctors who, in the course of removing your spleen, decode a few cells and turn them into a patented product? In 1990 the Supreme Court of California said yes, marking another milestone on the information superhighway. This extraordinary case is one of the many that James Boyle takes up in Shamans, Software, and

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Overview

Who owns your genetic information? Might it be the doctors who, in the course of removing your spleen, decode a few cells and turn them into a patented product? In 1990 the Supreme Court of California said yes, marking another milestone on the information superhighway. This extraordinary case is one of the many that James Boyle takes up in Shamans, Software, and Spleens, a timely look at the infinitely tricky problems posed by the information society. Discussing topics ranging from blackmail and insider trading to artificial intelligence (with good-humored stops in microeconomics, intellectual property, and cultural studies along the way), Boyle has produced a work that can fairly be called the first social theory of the information age.

Now more than ever, information is power, and questions about who owns it, who controls it, and who gets to use it carry powerful implications. These are the questions Boyle explores in matters as diverse as autodialers and direct advertising, electronic bulletin boards and consumer databases, ethno-botany and indigenous pharmaceuticals, the right of publicity (why Johnny Carson owns the phrase "Here's Johnny!"), and the right to privacy (does J. D. Salinger "own" the letters he's sent?). Boyle finds that our ideas about intellectual property rights rest on the notion of the Romantic author—a notion that Boyle maintains is not only outmoded but actually counterproductive, restricting debate, slowing innovation, and widening the gap between rich and poor nations. What emerges from this lively discussion is a compelling argument for relaxing the initial protection of authors' works and expanding the concept of the fair use of information. For those with an interest in the legal, ethical, and economic ramifications of the dissemination of information—in short, for every member of the information society, willing or unwilling—this book makes a case that cannot be ignored.

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Product Details

ISBN-13:
9780674805224
Publisher:
Harvard University Press
Publication date:
05/28/1996
Pages:
288
Product dimensions:
6.48(w) x 9.46(h) x 1.06(d)
Lexile:
1470L (what's this?)

Table of Contents

Preface
1The Information Society1
2Four Puzzles17
3The Public and Private Realms25
4Information Economics35
5Intellectual Property and the Liberal State47
6Copyright and the Invention of Authorship51
7Blackmail61
8Insider Trading and the Romantic Entrepreneur81
9Spleens97
10Stereotyping Information and Searching for an Author108
11The International Political Economy of Authorship119
12Private Censors, Transgenic Slavery, and Electronic Indenture144
13Proposals and Objections155
Conclusion174
Appendix A. An Afterword on Method187
Appendix B. The Bellagio Declaration192
Notes201
Acknowledgments261
Index263

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