In discourses on digitization and the data economy, it is often claimed that data subjects shall beownersof their data. In this paper, we provide a problem diagnosis for such calls fordata ownership: a large variety of demands are discussed under this heading. It thus becomes challenging to specify what—if anything—unites them. We identify four conceptual dimensions of calls for data ownership and argue that these help to systematize and to compare different positions. In view of this pluralism of data ownership (...) claims, we introduce, spell out and defend a constructive interpretative proposal: claims for data ownership are charitably understood as attempts to call for theredistributionof material resources and the socio-culturalrecognitionof data subjects. We argue that as one consequence of this reading, it misses the point to reject claims for data ownership on the grounds that property in data does not exist. Instead, data ownership brings to attention a claim to renegotiate such aspects of thestatus quo. (shrink)

In recent years, critical scholarship has drawn attention to increasing power differentials between corporations that use data and people whose data is used. A growing number of scholars see digital data and information commons as a way to counteract this asymmetry. In this paper I raise two concerns with this argument: First, because digital data and information can be in more than one place at once, governance models for physical common-pool resources cannot be easily transposed to digital commons. Second, not (...) all data and information commons are suitable to address power differentials. In order to create digital commons that effectively address power asymmetries we must pay more systematic attention to the issue of exclusion from digital data and information commons. Why and how digital data and information commons exclude, and what the consequences of such exclusion are, decide whether commons can change power asymmetries or whether they are more likely to perpetuate them. (shrink)

This paper presents the principal findings from a three-year research project funded by the US National Science Foundation on ethics of human enhancement technologies. To help untangle this ongoing debate, we have organized the discussion as a list of questions and answers, starting with background issues and moving to specific concerns, including: freedom & autonomy, health & safety, fairness & equity, societal disruption, and human dignity. Each question-and-answer pair is largely self-contained, allowing the reader to skip to those issues of (...) interest without affecting continuity. (shrink)

Political corporate social responsibility (PCSR) calls for firms to implement and engage in deliberative democracy processes and structures, addressing governance gaps where governments are unwilling or unable to do so. However, an underlying assumption that the implementation of PCSR will enrich democratic processes in society has been exposed and challenged. In this conceptual article, we explore this challenge by developing a framework to reveal the dynamics of firms’ deliberative democratic processes and structures (meso level), and those at nation state (macro (...) level). Using existing cases as illustrative examples, we demonstrate that despite the public good premise of PCSR theory toward thickening the overall democracy in a society, corporate democratization at meso level can have the opposite effect and may actually erode macro-level democratic control of society and the economy. These findings imply a need for multilevel analysis in PCSR research and greater consideration of state-level public institutions and the responsibilities of business firms toward those institutions. Furthermore, we contribute to the PCSR literature by identifying the disruptive mechanisms associated with these dynamics and outline two alternative perspectives to allow firms to continue to take on political responsibilities. (shrink)

Prominent radical democrats have in recent times shown a vivid interest in the commons. Ever since the publication of Governing the Commons by Elinor Ostrom, the commons have been associated with a self-governing and self-sustaining scheme of production and burdened with the responsibility of carving out an autonomous social space independent from both the markets and the state. Since the commons prove on a small empirical scale that self-governance, far from being a utopian ideal, is and long has been a (...) lived reality, a few authors have attempted to turn them into the conceptual matrix of their own account of radical democracy. Negri and Hardt, on one hand, Laval and Dardot, on the other, have jointly coined the term ‘the common’ (in the singular) to suggest that the self-governance quintessential to the commons could be turned into a general democratic principle. Though this is an attractive theoretical prospect, I will contend that it fails to account for an important contradiction between the two theoretical frameworks it connects. Whereas the governance of the commons depends on harmonious cooperation between all stakeholders which in turn relies on a strong sense of belonging to a shared community, radical democracy is highly suspicious of any attempt to build a totalizing community and constantly emphasizes the decisive role of internal agonistic conflicts in maintaining a vibrant pluralism. I will further contend that the short-sightedness of radical democrats on this issue may be partially explained by the strong emphasis in the commons literature on a related but distinct conflict, that which opposes the commoners to the movement of enclosures. I will argue, however, that this conflict is not of an agonistic nature and does little to preserve the dynamism and the constant self-criticism proper to the radical democrat regime. (shrink)

In response to the many pressures facing public higher education, public universities are experimenting with business-oriented practices that seem likely to alter their nature and purposes. In this paper, we examine several hybrid experiments—new organizational strategies intended deliberately, sometimes explicitly, to hybridize the traditional norms and practices associated with academia and business at one emblematic public university. These cases illustrate how each hybrid experiment is a tacit response to existing norms and strategies that govern the university–business boundary, initiated as a (...) hedge against the challenging fiscal and political climate. Taken together, they do not lead to a unitary and/or linear spread of business codes and practices. Instead, what some have referred to as “business logic” appears multifaceted, having many elements that are deployed, institutionalized, and perceived differently in different contexts, even within a single university. (shrink)

The use of cognition-enhancing drugs (CEDs) appears to be increasingly common in both academic and workplace settings. But many universities and businesses have not yet engaged with the ethical challenges raised by CED use. This paper considers criticisms of CED use with a particular focus on the Accomplishment Argument: an influential set of claims holding that enhanced work is less dignified, valuable, or authentic, and that cognitive enhancement damages our characters. While the Accomplishment Argument assumes a view of authorship based (...) on individual credit-taking, an impersonal or collaborative view is just as possible. This paper considers the benefits of this view—including humility, a value often claimed by critics of enhancement—and argues that such a view is consistent with open CED use. It proposes an ethics of cognitive enhancement based on toleration, transparency, and humility, and it discusses how institutions and individuals can build a culture of open cognitive enhancement. (shrink)

This paper outlines and reviews three forms and associated discourses of the 'knowledge economy': the 'learning economy', based on the work of Bengt-Åke Lundvall; the 'creative economy' based on the work of Charles Landry, John Howkins and Richard Florida; and the 'open knowledge economy' based on the work of Yochai Benkler and others. Arguably, these three forms and discourses represent three recent related but different conceptions of the knowledge economy, each with clear significance and implications for education and education policy. (...) The last provides a model of radically non-propertarian form that incorporates both 'open education' and 'open science' economies. (shrink)

This article integrates previously missing components of government quality into the governance-piracy nexus in exploring governance mechanisms by which global obligations for the treatment of IPRs are effectively transmitted from international to the national level in the battle against piracy. It assesses the best governance tools in the fight against piracy and upholding of intellectual property rights (IPRs). The instrumentality of IPR laws (treaties) in tackling piracy through good governance mechanisms is also examined. Findings demonstrate that: (1) while all governance (...) tools under consideration significantly decrease the incidence of piracy, corruption-control is the most effective weapon; (2) but for voice and accountability, political stability and democracy, IPR laws (treaties) are instrumental in tackling piracy through government quality dynamics of rule of law, regulation quality, government effectiveness, corruption-control, and press freedom. Hence, the need for a policy approach most conducive to expanding development is to implement an integrated system of both IPRs and corollary good governance policies. Moreover, our findings support the relevance of good governance measures in developing countries wishing to complement their emerging IPR regimes. (shrink)

Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued that (...) copyright is put to novel use here: claiming their rights, authors write `open source licenses' that allow public usage of the code, while at the same time regulating the inclusion of users. A `regulated commons' is created. The analysis focuses successively on the most important open source licenses to emerge, the problem of possible incompatibility between them (especially as far as the dominant General Public License is concerned), and the fragmentation into several user communities that may result. (shrink)

Raphael Cohen-Almagor, the author of Confronting the Internet’s Dark Side, explains his motivation for exploring the dangerous side of the world wide web. This new book is the first comprehensive book on social responsibility on the Internet.

Item: New York City, 28 June 2009. The streets are blaring “Thriller” and are full of people “being” Michael Jackson. What's the ownership stake of Michael impersonators in his image? Do Jackson im...

This study examines the efficiency of tools for fighting software piracy in the conditional distributions of software piracy. Our paper examines software piracy in 99 countries over the period 1994–2010, using contemporary and non-contemporary quantile regressions. The intuition for modelling distributions contingent on existing levels of software piracy is that the effectiveness of tools against piracy may consistently decrease or increase simultaneously with the increasing levels of software piracy. Hence, blanket policies against software piracy are unlikely to succeed unless they (...) are contingent on initial levels of software piracy and tailored differently across countries with low, medium and high levels of software piracy. Our findings indicate that GDP per capita, research and development expenditure, main intellectual property laws, multilateral treaties, bilateral treaties, World Intellectual Property Organisation treaties, money supply and respect for the rule of law have negative effects on software piracy. Equitably distributed wealth reduces software piracy, and the tendency not to indulge in software piracy because of equitably distributed wealth increases with the increasing software piracy levels. Hence, the negative degree of responsiveness of software piracy to changes in income levels is an increasing function of software piracy. Moreover, the relationships between policy instruments and software piracy display various patterns: U-shape, Kuznets-shape, S-shape and negative thresholds. A negative threshold represents negative estimates with the increasing negative magnitude throughout the conditional distributions of software piracy. We also discuss the policy implications of our study. (shrink)

The U.S. Constitution employs a utilitarian view in authorizing Congress to establish patents and copyrights. Let us refer to this way of justifying copyright as the Incentives Argument, or more extensively, the Incentives Argument for Intellectual Property Rights. While seemingly straightforward, the Incentives Argument has been widely criticized in philosophical literature on intellectual property. Scholars have come to prefer Neo-Lockean labor-desert accounts, grounding intellectual property rights in the author's natural ownership claims over his creations. Neo-Lockean accounts are thought to avoid (...) some of the problems classically associated with utilitarian arguments, such as vulnerability to empirical evidence and an inability to make sense of rights or duties morally prior to consequential considerations. Fortunately, many criticisms articulated by opponents of the Incentives Argument can be answered by a strategic retreat to the version of utilitarianism found in the work of John Stuart Mill. I argue that not only does a Millian account of the Incentives Argument prove less vulnerable to oft-cited criticisms, but also allows for a more robust account of how the audience benefits from a proliferation of creative works. Mill's focus on the importance of critical self-development allows for a deeper analysis of how creative works benefit members of the audience as individuals and as a community. Within a Millian framework, viewing the audience as mere passive consumers of media fails to take into account the impact of expressive acts on an individual's critical self-development. Instead, one must see members of the audience as active participants in the creation of meaning and the common culture. Construing the community that receives creative works as an Active Audience alters the landscape of copyright, and the Incentives Argument, making balancing the desires of creators and the desires of audience members a key priority. (shrink)

Using concepts of neoinstitutional economics, such as transaction cost economics, institutional economics, property rights theory, and information economics, the development of the Open Source movement is investigated. Following the evolution of institutions in Open Source, it is discussed what the comparative institutional advantages of this model are. The conclusion is that it is the institutional framework of Open Source, not merely the low cost of Open Source software that makes it an attractive alternative mode of organizing the production and distribution (...) of software and software-related services. Alternative organizations will be formed and existing organizations will be transformed to take advantage of its opportunities. (shrink)

This essay traces the increased centrality of technology to social life across the period of modernity. It examines major shifts in thinking about technology which underpin the shift from industrial to post-industrial society, and the emergence of concepts such as ‘technoscience’ and ‘technoculture’. It argues that a critical analysis of technology must probe the way that histories of technological progress have been implicated in colonial hierarchies privileging the West. In examining the extension of technology from machines that make things to (...) ‘machines that think’, including biotechnology and computerized ‘aritificial life’, something implied in every historical iteration of technology is laid bare: defining the technological activates the border between nature and culture, and goes to the heart of what it means to be human. (shrink)

The article confronts Cornelius Castoriadis's philosophy of 'the imaginary institution of society' with issues of innovation in a knowledge society and outlines a new notion of innovation as creative organization. It will take a critical approach to innovation from a historical perspective of postwar systems theory and introduce Castoriadis's philosophy as an interesting option in this regard. It proceeds in four parts: (a) First, it debates the limits of the commonplace metaphor of diffusion and adoption in today's debate on innovation. (...) (b) Second, it will present aspects of Castoriadis's thought as an alternative, in particular his debate on imagination and the proto-institution of legein/teukhein — ordered action. (c) On this background it will treat a case from the Danish innovation industry, the firm Zentropa WorkZ's programme of 'Dramatic Innovation' as an interesting example of an innovation format addressing creativity. (d) In conclusion, it will briefly debate creative knowledge formation in a knowledge society by pondering relations between innovation and current science. (shrink)

This article focuses on the pendulum-like change in the way people read and use text, which was triggered by the introduction of new reading and writing technologies in human history. The paper argues that textual features, which characterized the ancient pre-print writing culture, disappeared with the establishment of the modern-day print culture and has been “revived” in the digital post-modern era. This claim is based on the analysis of four cases which demonstrate this textual-pendulum swing: (1) The swing from concrete (...) iconic-graphic representation of letters and words in the ancient alphabet to abstract phonetic representation of text in modern eras, and from written abstract computer commands “back” to the concrete iconic representation in graphic user interfaces of the digital era; (2) The swing from scroll reading in the pre-print era to page or book reading in the print era and “back” to scroll reading in the digital era; (3) The swing from a low level of authorship in the pre-print era to a strong authorship perception in the print era, and “back” to a low degree of authorship in the digital era; (4) The swing from synchronic representation of text in both visual and audio formats during the pre-print era to a visual representation only in print, and “back” to a synchronic representation in many environments of the digital era. We suggest that the print culture, which is usually considered the natural and preferred textual environment, should be regarded as the exception. (shrink)

The commodification of code demands two preconditions: a belief if the existence of code and a system of ownership for the code. An examination of these preconditions is helpful for resisting the further widening of digital divides. The ontological belief in the relatively independent existence of code is dependent on our understanding of what the “digital” is. Here it is claimed that the digital is not a natural kind, but a concept that is relative to our practices of interpretation. An (...) interpretative system that sees code as something that can or should always be owned implies an increase of social control and threatens vital processes of knowledge creation that are necessary for an open and egalitarian information society. The ontological belief in “digital code” thus provides the backdrop for an ethical view of the information society. Consequently, if we see digital code as an interpretative notion (in the nominalist way), the ethical questions appear in a different light. (shrink)

This paper uses discourse analysis to examine the free/libre and open source movements. It analyses how they fix elements within the order of discourse of computer code production. It attempts to uncover the key signifiers in their discourses and trace linkages between the sedimented discourses of wider society. Using discourse theory and critical discourse analysis, the theoretical foundations underpinning each of the movements are critically examined and the effect on the wider developer and Internet community is discussed. Additionally, this paper (...) seeks to recommend discursive strategies that could be employed to avoid the threat of colonization by neoliberal discourse and the consequent challenge this has for the ideas of freedom, liberty and community within the developer communities' own discourses. (shrink)

This conceptual article discusses strategies of corporations in the information and communication technologies (ICT) sector and their role in the conflict over access to knowledge in the digital environment. Its main hypothesis is that ICT corporations are very capable actors when it comes to bridging digital divides in both developed and developing countries—maybe even the most capable actors. Therefore, it is argued that ICT corporations could use their capabilities to help citizens gain sustainable access to knowledge in order to enable (...) them to lead self-sufficient lives. In a nutshell, capabilities are presented as both the input (capabilities of ICT corporations) as well as the output (capability building for empowering citizens) of corporate strategy-making focusing on fair ICT. Corporate citizenship is put forth as the theoretical concept bridging corporate strategies and access to knowledge: If ICT corporations act in accordance with their self-understanding of being ‘good corporate citizens’, they could be crucial partners in lessening digital divides and helping citizens gain access to knowledge. From the perspective of ‘integrative economic ethics’ (Ulrich 2008), it is argued that ICT corporations have good reason to actively empower citizens in both developed and developing countries by pursuing ‘inclusive’ strategies in many fields, such as open-source software development. That way, ICT corporations could enable, support and provide citizens with capabilities enabling them to help themselves. In order to make inclusive business models work, the rules and regulations companies find themselves in today must enable them to act responsibly without getting penalized by more ruthless competitors. This article explores several cases from the ICT field to illustrate the interplay between a responsible business model and the rules and regulations of the industry. From a capabilities perspective, the most desirable mix of corporate strategies and industry regulation is one that results in the highest level of generativity (Zittrain 2008). Thus, ICT should not be closed systems only driven by the company behind them. Instead, they need to be open for the highest possible level of third-party innovation. (shrink)

This paper focuses on the ethical justifiability of patents on Genetically Modified (GM) crops. I argue that there are three distinguishing features of GM crops that make it unethical to grant patents on GM crops, even if we assume that the patent system is in general justified. The first half of the paper critiques David Resnik’s recent arguments in favor of patents on GM crops. Resnik argues that we should take a consequentialist approach to the issue, and that the best (...) way to do so is to apply the Precautionary Principle, and that the Precautionary Principle, in this case, supports patents on GM crops. I argue that his argument in favor of a consequentialist treatment is invalid; his Precautionary Principle in any case appears to be incompatible with consequentialism; and his conception of reasonable precautions is too ill-defined to have any argumentative purchase. In the second half of the paper, I argue against GM crop patents, on three grounds. First, there is insufficient evidence to say whether allowing patents on GM crops will make research go faster than not having patents, whilst there is a good reason to think that, other things being equal, a society that allows patents on GM crops will be less just than one that does not. Second, even assuming that patents on GM crops will increase the pace of GM crop research, there is no social need to do so. Third, patents on GM crops will frequently have ethically unacceptable side effects. (shrink)