Shamans, Software, and Spleens

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Harvard University Press, 1996 - Law - 270 pages
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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The Information Society
Four Puzzles
The Public and Private Realms
Information Economics
Intellectual Property and the Liberal State
Copyright and the Invention of Authorship
Insider Trading and the Romantic Entrepreneur
The International Political Economy of Authorship
Private Censors Transgenic Slavery and Electronic Indenture
Proposals and Objections
An Afterword on Method
The Bellagio Declaration

Stereotyping Information and Searching for an Author

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About the author (1996)

James Boyle is William Neal Reynolds Professor of Law at Duke Law School and the former Chairman of the Board of Creative Commons. His other books include "The Public Domain: Enclosing the Commons of the Mind, " "Shamans, Software and Spleens: Law and the Construction of the Information Society, " "Cultural Environmentalism" (with Lawrence Lessig) and "Bound By Law" (with Jennifer Jenkins).
Jennifer Jenkins is Senior Lecturing Fellow at Duke Law School and the Director of the Center for the Study of the Public Domain. Her recent articles include "In Ambiguous Battle: The Promise (and Pathos) of Public Domain Day, " and "Last Sale? Libraries' Rights in the Digital Age."She is the co-author, with James Boyle, of "Bound By Law" and the forthcoming "Theft! A History of Music.

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