The Intellectual Properties of Learning: A Prehistory from Saint Jerome to John Locke

University of Chicago Press
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Providing a sweeping millennium-plus history of the learned book in the West, John Willinsky puts current debates over intellectual property into context, asking what it is about learning that helped to create the concept even as it gave the products of knowledge a different legal and economic standing than other sorts of property.

Willinsky begins with Saint Jerome in the fifth century, then traces the evolution of reading, writing, and editing practices in monasteries, schools, universities, and among independent scholars through the medieval period and into the Renaissance. He delves into the influx of Islamic learning and the rediscovery of classical texts, the dissolution of the monasteries, and the founding of the Bodleian Library before finally arriving at John Locke, whose influential lobbying helped bring about the first copyright law, the Statute of Anne of 1710. Willinsky’s bravura tour through this history shows that learning gave rise to our idea of intellectual property while remaining distinct from, if not wholly uncompromised by, the commercial economy that this concept inspired, making it clear that today’s push for marketable intellectual property threatens the very nature of the quest for learning on which it rests.
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About the author

John Willinsky is the Khosla Family Professor of Education at Stanford University and the director of the Public Knowledge Project.
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Additional Information

Publisher
University of Chicago Press
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Published on
Jan 2, 2018
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Pages
400
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ISBN
9780226488080
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Language
English
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Genres
Education / Higher
Education / History
History / Europe / General
History / General
Language Arts & Disciplines / Publishing
Law / Intellectual Property / Copyright
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Content Protection
This content is DRM protected.
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Eligible for Family Library

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Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story.

Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world’s intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors’ rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment—a history that reveals that today’s open-access advocates are heirs of a venerable American tradition.

Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.

While supplementary protection certificates (SPCs) are governed by the same substantive rules in all Member States of the European Union and the European Economic Area, they are national IP rights. The formal requirements and procedural practices of the national patent offices granting SPCs still differ significantly, and these divergences can have a substantial impact in the prosecution of SPCs across Europe. This one-of-a-kind handbook provides an easily accessible overview of SPC law in Europe, covering all substantive and procedural aspects of prosecution, enforcement and invalidation, as well as SPC-related aspects of unfair competition law.

Following an overarching European chapter, which addresses general considerations and the relevant European Union law, including the jurisprudence of the Court of Justice (CJEU) and the EFTA Court, this book contains separate national chapters for eleven key jurisdictions ? i.e., Germany, the United Kingdom, France, the Netherlands, Belgium, Italy, Spain, Portugal, Sweden, Iceland, and Switzerland, as well as a concluding chapter summarizing the fundamentals of SPC law and practice in sixteen further European countries. The contributors to this book, all experts in the field of SPCs in their respective jurisdictions, provide clear and hands-on guidance on a range of specific topics of practical and strategic relevance, including:

• What is or is not an ‘active ingredient' amenable to SPC protection? • What is required for an active ingredient to be ‘protected' by a basic patent? • What relevance has the ‘core inventive advance' of the basic patent? • Can SPCs be obtained for ‘loose' combinations of separately formulated active ingredients? • Which basic patent should be chosen for an SPC filing? • Which types of marketing authorizations can be relied upon? • Under which conditions can SPCs be obtained for a new specific salt, ester or other derivative of a previously approved active ingredient, for a new specific enantiomer of a previously approved racemate, and for new therapeutic applications of previously approved active ingredients? • Can affiliated companies obtain several SPCs for the same product? • Does the revocation of an SPC enable the filing of a new SPC for the same product? • What are the limits to the filing of ‘unfriendly' SPCs based on third-party marketing authorizations? • What relevance does the product definition of an SPC have for its scope of protection? • What is the scope of protection of an SPC in relation to derivatives of an active ingredient? • How is the SPC term calculated, and how can an erroneous term be corrected? • How can SPCs and paediatric extensions be invalidated, and which grounds of invalidity can be invoked? • What pitfalls must be avoided in terms of unfair competition law?

This book provides invaluable assistance to IP practitioners in devising successful pan-European SPC filing strategies. Its practice-oriented, country-by-country format makes it easy to compare the national practices and the respective national case law of the different European countries.

What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.
Universities generate an enormous amount of intellectual property, including copyrights, trademarks, patents, Internet domain names, and even trade secrets. Until recently, universities often ceded ownership of this property to the faculty member or student who created or discovered it in the course of their research. Increasingly, though, universities have become protective of this property, claiming it for their own use and licensing it as a revenue source instead of allowing it to remain in the public sphere. Many universities now behave like private corporations, suing to protect trademarked sports logos, patents, and name brands.

Yet how can private rights accumulation and enforcement further the public interest in higher education? What is to be gained and lost as institutions become more guarded and contentious in their orientation toward intellectual property? In this pioneering book, law professor Jacob H. Rooksby uses a mixture of qualitative, quantitative, and legal research methods to grapple with those central questions, exposing and critiquing the industry’s unquestioned and growing embrace of intellectual property from the perspective of research in law, higher education, and the social sciences.

While knowledge creation and dissemination have a long history in higher education, using intellectual property as a vehicle for rights staking and enforcement is a relatively new and, as Rooksby argues, dangerous phenomenon for the sector. The Branding of the American Mind points to higher education’s love affair with intellectual property itself, in all its dimensions, including newer forms that are less tied to scholarly output. The result is an unwelcome assault on the public’s interest in higher education.

Presuming no background knowledge of intellectual property, and ending with a call to action, The Branding of the American Mind explores applicable laws, legal regimes, and precedent in plain English, making the book appealing to anyone concerned for the future of higher education.

What is the meaning of a word? Most readers turn to the dictionary for authoritative meanings and correct usage. But what is the source of authority in dictionaries? Some dictionaries employ panels of experts to fix meaning and prescribe usage, others rely on derivation through etymology. But perhaps no other dictionary has done more to standardize the English language than the formidable twenty-volume Oxford English Dictionary in its 1989 second edition. Yet this most Victorian of modern dictionaries derives its meaning by citing the earliest known usage of words and by demonstrating shades of meaning through an awesome database of over five million examples of usage in context. In this fascinating study, John Willinsky challenges the authority of this imperial dictionary, revealing many of its inherent prejudices and questioning the assumptions of its ongoing revision. "Clearly, the OED is no simple record of the language `as she is spoke,'" Willinsky writes. "It is a selective representation reflecting certain elusive ideas about the nature of the English language and people. Empire of Words reveals, by statistic and table, incident and anecdote, how serendipitous, judgmental, and telling a task editing a dictionary such as the OED can be."

Willinsky analyzes the favored citation records from the three editorial periods of the OED's compilation: the Victorian, imperial first edition; the modern supplement; and the contemporary second edition composed on an electronic database. He reveals shifts in linguistic authority: the original edition relied on English literature and, surprisingly, on translations, reference works, and journalism; the modern editions have shifted emphasis to American sources and periodicals while continuing to neglect women, workers, and other English-speaking countries.


Willinsky's dissection of dictionary entries exposes contradictions and ambiguities in the move from citation to definition. He points out that Shakespeare, the most frequently cited authority in the OED, often confounds the dictionary's simple sense of meaning with his wit and artfulness. He shows us how the most famous four-letter words in the language found their way through a belabored editorial process, sweating and grunting, into the supplement to the OED. Willinsky sheds considerable light on how the OED continues to shape the English language through the sometimes idiosyncratic, often biased selection of citations by hired readers and impassioned friends of the language.


Anyone who is fascinated with words and language will find Willinsky's tour through the OED a delightful and stimulating experience. No one who reads this book will ever feel quite the same about Murray's web of words.

Read the news about America’s colleges and universities—rising student debt, affirmative action debates, and conflicts between faculty and administrators—and it’s clear that higher education in this country is a total mess. But as David F. Labaree reminds us in this book, it’s always been that way. And that’s exactly why it has become the most successful and sought-after source of learning in the world. Detailing American higher education’s unusual struggle for survival in a free market that never guaranteed its place in society—a fact that seemed to doom it in its early days in the nineteenth century—he tells a lively story of the entrepreneurial spirit that drove American higher education to become the best.

And the best it is: today America’s universities and colleges produce the most scholarship, earn the most Nobel prizes, hold the largest endowments, and attract the most esteemed students and scholars from around the world. But this was not an inevitability. Weakly funded by the state, American schools in their early years had to rely on student tuition and alumni donations in order to survive. This gave them tremendous autonomy to seek out sources of financial support and pursue unconventional opportunities to ensure their success. As Labaree shows, by striving as much as possible to meet social needs and fulfill individual ambitions, they developed a broad base of political and financial support that, grounded by large undergraduate programs, allowed for the most cutting-edge research and advanced graduate study ever conducted. As a result, American higher education eventually managed to combine a unique mix of the populist, the practical, and the elite in a single complex system.

The answers to today’s problems in higher education are not easy, but as this book shows, they shouldn’t be: no single person or institution can determine higher education’s future. It is something that faculty, administrators, and students—adapting to society’s needs—will determine together, just as they have always done.
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