Law, Innovation and Collaboration in Networked Economy and Society

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Law, Innovation and Collaboration in Networked Economy and Society

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Title: Law, Innovation and Collaboration in Networked Economy and Society
Author: Benkler, Yochai
Citation: Yochai Benkler, Law, Innovation and Collaboration in Networked Economy and Society 13 Ann. Rev. L. & Soc. Sci. (forthcoming 2017).
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Abstract: Over the past 25 years, social science research in diverse fields has shifted its best explanations of innovation from (a) atomistic invention and development by individuals, corporate or natural, to networked learning; (b) market based innovation focused on material self interest to interaction between market and non market practices under diverse motivations; and (c) property rights exclusively to interaction between property and commons. These shifts have profound implications for how we must think about law and innovation. Patents, copyrights, non compete agreements, and trade secret laws are all optimized for an increasingly obsolete worldview. Strong intellectual property impedes, rather than facilitates, innovation when we understand that knowledge flows in learning networks, mixing market and non market models and motivations, and weaving commons with property are central to the innovation process.
Published Version: http://www.annualreviews.org/doi/abs/10.1146/annurev-lawsocsci-110316-113340
Terms of Use: This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAA
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:30704158
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