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Posts from the ‘IP (Intellectual Property)’ Category

Scholarly Publishing and Scholarly Values Revisited

This is a note (1 of 2) to report on my two speaking events this week. I had wanted to write more of them, but business and a weak internet connection at my hotel have kept me from it until now. Here are some notes on the first of these two events.

Earlier in the week I was a guest of the University of Minnesota in Minneapolis. I had been invited to be the keynote speaker for a ” A Forum for Authors and Creators of Academic Works.” The event was titled: Scholarly Publishing and Scholarly Values: Choosing our Future and it was organized by a great group of UMN folks committed to work on scholarly communications issues. It was an honor to be asked to participate in this event and I learned a great deal from my time talking with everyone there. On Monday night I was treated to a wonderful meal and a small group discussion of the UMN campus context and big picture of scholarly communications at the university. On Tuesday at lunch, I met with the UMN Scholarly Communications Collaborative and we had a pleasant meal filled with a great and (for me) very informative conversation about changes and developments in scholarly communication. After lunch was the event itself. I spoke of my experiences working as a scholarly editor trying to make sense of the changing publishing landscape, with special attention to open access efforts and the factors that are shaping them. I offered a number of provocations/predictions and tried to address the questions that were posed for the event as a whole (listed here). The event was recorded and streamed to folks who could not fit into the room at the library. It is now available online at: https://umconnect.umn.edu/p48935637/ An important part of the forum was hearing from three faculty discussants and participating in a wide-ranging discussion with the in-person and online audiences.

One of the discussants was Gabriel P. Weisberg, a senior art historian at UNM who has been very involved in the founding and continuing good work of Nineteenth-Century Art Worldwide: A Journal of Nineteenth-Century Visual CultureThis is an impressive gold open access journal now publishing its 9th volume. Professor Weisberg described the history of the journal, its successes and niche, and reflected upon questions of long-term sustainability in OA journals published outside the framework of commercial or society publishing.

Another discussant was Neil E. Olszewski, a UMN professor of plant biology. He provided a scholarly society perspective, reflecting on his work as a member of the publications committee of the American Society of Plant Biologists, a society that is confronting the same issues that are posing challenges for those North American scholarly societies who have come to depend on publishing revenue to support non-publishing activities. Professor Olszewski is also the incoming chair of the UMN library committee, a parallel role to that which I have served in at IUB over the past year.

The final discussant was geneticist Stephen C. Ekker. In addition to publishing extensively in the gold OA journal PLoS One, he is the Editor-in-Chief for Zebrafish, a journal published by one of the remaining small science publishers Mary Ann Liebert, Inc.

With this rich and diverse background, the panelists made a range of important observations on the changing landscape of scholarly communications and were able to very effectively engage with the excellent questions posed by the audience. I learned a great deal from their observations and appreciate their generous response to my own reflections.

My thanks go to Dean of the Libraries Wendy Pradt Lougee, to her exceptionally talented staff and colleagues, to the UMN Provost and other event sponsors, and to the engaged audience that came out for this event. The organizers did a wonderful job and it was an honor to visit such a dynamic scholarly community.

International Trade Law and Cultural Diversity Workshop

Another exciting (for me) component of my March visit to the Cultural Property Research Group in Göttingen was my participation in a the first day of a two day workshop led by the members of the project’s sub-project titled “Constituting Cultural Property as Part of the International Law Regime, and its Development.” This research foci is directed by Professor Dr. Peter-Tobias Stoll (an international law scholar at Göttingen) and includes several talented doctoral students as researchers. Their sub-project description notes:

The discussions and negotiations of cultural property in the Intergovernmental Committee of WIPO are closely linked to other policy areas, institutions and regulatory realms. Among others, these include the long-standing efforts to arrive at a form of human rights protection for indigenous peoples, the international cultural policy pursued by UNESCO – the Conventions for the Safeguarding of Intangible Cultural Heritage (2003), developments in international law concerning the environment, and controversies in the World Trade Organization over protecting intellectual heritage. The interactions, and intersections, between these various efforts in international law are the subject of this sub-project. In doing so, what is at issue is a forward-looking analysis of internal compatibility and the linkage in terms of process with other regulatory realms, as well as the development of corresponding methods. The knowledge obtained from individual cases here can be used to create a more general means of regarding the international law regime, one which is characterized by increasing differentiation and a need to coordinate the individual sub-realms that have developed. (source)

In the March 19-20, 2010 workshop led by the sub-project group and participated in by the larger Cultural Property Research Group as a whole, the aim was to describe research findings to date, to articulate them with the models and findings developing in other sub-projects, and to bounce these ideas off of a group of guest scholars visiting for the occasion.  The topics considered on these days included: (1) International Trade Law and Cultural Diversity, (2) Fragmentation, and (3) International Negotiations in Different Fora, Regimes, and Organizations.  The two main guests invited were Michael Hahn of the University of Lausanne and Nele Matz-Lück of the MPI Heidelberg. I was able to participate in the opening session in which Stoll described very effectively the state of play in these related domains of international law vis-a-vis the work of the sub-group and the total project as a whole.  This was followed by a rich set of commentaries by the two special guests and a very fruitful discussion by all of the participants.

I was struck by two aspects of this experience. One was the very effective degree to which the various sub-projects of the overall project were contributing very fruitfully to one another, despite considerable difference in disciplinary backgrounds and norms (in economics, social anthropology, folklore/ethnology, and law). The other was the remarkable effectiveness of the institutions that the group has developed for communicating internally and externally and for moving the research process forward fruitfully despite the size and complexity of the undertaking.  As was true throughout my visit, my participation in the International Law Workshop was instructive in both substantive ways and in terms of what it taught me about organizing large and ambitious collaborative research projects.

Commons-Free Software, Free Content, Open Access

In an earlier post, I mentioned my attendance at one day of a conference in Hannover Germany called “Commons, Users, Service Providers: Internet (Self-)Regulation and Copyright.” The theme on the day (March 18, 2010) that I attended was “Commons-Free Software, Free Content, Open Access.” Now that I am trying to catchup on a a year’s worth of academic loose ends (our semester is just now ending) I wish that I could offer a fuller report of the conference. I think that I will need to settle for a comment or two and a word of thanks.

I especially benefited from a couple of presentations. One of these was “GNU GPL Version 3: The Law Making Process” by Eben Moglen, a professor of law at Columbia University. Professor Moglen has been very involved in the development of the GPL and he spoke of it in light of the ways that such arrangements represent a kind of non-governmental international law-making framework. He described the approach used in GPL3 as emphasizing new and general language that does not provoke default assumptions in any particular national jurisdiction. Other presenters spoke of other pathways toward internationalizing other IP/copyleft instruments. He was ill and unable to attend in person but prepared a very remarkable video that he sent to the conference. I hope that it is placed online as it would standalone very well even though it addressed the conference and conferees directly.

The two other presentations that I will mention were “Creative Commons International: Achievements and Perspectives” by Catharina Maracke and “Linux, Wikipedia and Other Networks: Governed by Bilateral Contracts, Corporations, or Something in Between?” by Dan Wielsch. Professor Maracke is the former director of Creative Commons International. She is now teaching at Keio University in Japan. He talk was a great overview of the approach that has been taken in internationalizing the Creative Commons toolkit. In contrast to the GPL, this has involved creating local versions for each national jurisdiction. Professor Wielsch teaches at the University of Cologne and his talk described research on the evolution of community governance in massive collaborative content production projects such as Wikipedia. While a subject that numerous people have been discussing in recent years, his presentation was clear and effective. As a non-specialist I learned a lot from it and from many of the presentations.

(Strangely, the area where I had the most background–open access–was the focus for the only presentation that, it seemed to me, was the most out of sync with the spirit of the day’s discussions and most contrary with my own understandings and views of the topic.)

As the first formal academic conference that I have ever attended in Germany, the even was very instructive. While mostly native German-speakers, the audience and presenters controlled and used perfect English. I both appreciated this fact (at a practical level) and found it a source of guilt (as an advocate of linguistic and cultural diversity).

I was in Germany as a guest of the DFG Cultural Property Research Group at the University of Göttingen and was hosted at the Hannover Conference by Mr. Philipp Zimbehl and Professor Dr. Gerald Spindler. I wish to extend my appreciation to them and to my overall hosts Professor Dr. Regina Bendix and Ms. Arnika Peselmann.