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版权背叛

Copyright defection

Industrial and Corporate Change · 2006
被引 3
人大 BABS 3

中文导读

从版权私有化视角出发,提出版权中的例外(如思想、事实、合理使用等)可视为企业间协调问题的解决方案:企业既想锁定自身信息,又需获取他人信息作为投入,从而推动立法允许一定程度的访问,而规避这些例外的行为则被视为对立法解决方案的背叛。

Abstract

Copyright has traditionally and historically been viewed as a public domain containing discrete islands of propertization, but some today intuitively see it instead as a presumptive realm of propertization, in which there are some holes (non-propertization of ideas, facts, and functional modalities, and exceptions such as exhaustion and fair use). Taking this propertization perspective as its starting point, this article presents a proposal about the holes. The proposal suggests that the holes in copyright can be viewed as the solution to a coordination problem: firms desire to lock up all their own past information production but need access to information produced by others as inputs to their own future information production. Firms in this situation (hypothetically and perhaps in actuality) coordinate to achieve legislation allowing all firms some access to information produced by others. The proposal has the corollary that firms' attempts to get around the holes in copyright can be seen as defection from the legislative solution. Copyright 2006, Oxford University Press.

法律经济学知识产权产业组织微观经济学