It's the question that brought us here. You know the question…

Before trying to comment on the substance of Professor Cohen’s book as a layperson regarding IP and privacy laws, I need to address two “administrative” issues. First, please, this book deserves an e-book. It is unbelievable to be forced to read on paper the book that “[e]veryone interested in our digital present and future should read”[1]. Even better for all of us, following the author’s theory, if it is the free PDF version that the printed book promised.

Second, I need to agree with Conor’s stylistic critique, I also think that “Professor Cohen's argument gets lost in a sea of impenetrable jargon (…). Far from sacrificing interdisciplinary nuance, Cohen allows her argument to drown in it”[2]. Maybe this was magnified by my situation as a non-native English speaker, but, at times, reading the book reminded me the critique of the “Postmodernism Generator”[3]. Julie Cohen’s style might be suitable for scholars, but for a layperson, a simpler style may be more useful.

In respect to the substance of the book, I think that Professor Cohen’s book contributes a different point of view that enriches the discussion, even when I disagree with a lot of her conclusions (especially relaxing Intellectual Property Laws, as you already know because of my previous posts). Her call for an interdisciplinary approach by integrating other social sciences is undoubtedly a legitimate method, as Yohsuke stated, and can be extremely useful.  

Trying to understand the “self” without appropriate consideration of social and cultural contributions is meaningless. Path dependence is a reality that IP should recognize (even when I think that it currently does). The book claims for balance, which is normally desirable or at least socially appealable, but the problem is, in my opinion, that the book only notes the observable conflicts but does not provide a concrete solution or bright lines to achieve such solution.

After finishing the first part of the book, I wonder how we can apply Professor Cohen’s principles, at least theoretically, for then analyzing the effects on creativity incentives and authorship protection. I am not suggesting a “give-it-a-chance” approach to a world without IP, but I think that before confronting the proposed principles with the classic theory, we need a concrete formulation of them.

Stating it in a Hollywood style: “I know why you're here, Neo. I know what you've been doing (…) I know because I was once looking for the same thing (…). It's the question that drives us, Neo. It's the question that brought you here. You know the question, just as I did”[4]. We all know the correct question: “How can we obtain the correct balance for creativity and innovation to flourish in this digital and connected era?   

At this stage of IP’s dialectic process, where the antithesis of the economic approach is not completely developed, scholars can only discuss abstracts. In the mean while, and again quoting Matrix, I prefer taking the “blue pill” and not know how deep the rabbit-hole goes until we have a well-structured better solution.

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[1] Opinion of John Palfrey, Harvard Law School.

[2] http://picker.typepad.com/picker_seminar/2012/02/form-and-substance.html

[3] “The Postmodernism Generator was written by Andrew C. Bulhak using the Dada Engine, a system for generating random text from recursive grammars, and modified very slightly by Josh Larios”. The Postmodernism Generator randomly generates meaningless essays in a very “intellectual” style. http://www.elsewhere.org/pomo/

[4] Matrix I, the good one.

Comments

[Noah]

To be fair, there is a Kindle version: http://www.amazon.com/Configuring-Networked-Self-Everyday-ebook/dp/B00766PO3E/ref=tmm_kin_title_0/177-0720373-1920420?ie=UTF8&m=AG56TWVU5XWC2 . Although I can't really see the sense in paying $43 when the CC-licensed version will likely be posted in the very near future. Speaking of which, it's a bit odd that the book links to juliecohen.com, a domain that is still parked (though the author registered it in June of 2011).

[Pedro Echeverria Faz]

Thanks, you are right! Unfortunately when I bought the book (last Wednesday) there was only a paper version (I looked precisely for the Kindle version, but it was not available).

[Noah]

And now the CC-licensed version has been posted to http://www.juliecohen.com .