Between Spanish Huertas and the Open Road:

Yochai Benkler

in Governing Knowledge Commons

Published in print September 2014 | ISBN: 9780199972036
Published online November 2014 | e-ISBN: 9780199361908 | DOI:
Between Spanish Huertas and the Open Road:

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  • Intellectual Property Law
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The chapter distinguishes between two traditions of studying commons: the Ostrom School focuses on solutions that embody local knowledge to solve collective action problems without individual property or state regulation; the open commons school explains the ubiquity of open commons in complex modern economies. Like traditional economic theory, the Ostrom School sees open access commons as tragic. By contrast, literature arising from information economics and Internet studies shows that open commons, or, symmetrically privileged freedom to operate vis-à-vis core critical resources, play a central role in the institutional design of contemporary economies, in particular providing infrastructures and supporting innovation and information production. The rich institutional and contextual IAD method of the Ostrom School is a promising avenue in the design of sustainable open commons, but its application requires recognition of how the problems and opportunity space explored by the open commons school differ from those that gave rise to the IAD approach.

Keywords: Information; commons; open access; Elinor Ostrom; IAD framework; institutions

Chapter.  14739 words. 

Subjects: Intellectual Property Law ; Environment and Energy Law

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