Law, Innovation and Collaboration in Networked Economy and Society

* Article: Yochai Benkler, Law, Innovation and Collaboration in Networked Economy and Society 13 Ann. Rev. L. & Soc. Sci. (forthcoming 2017).

URL = http://www.annualreviews.org/doi/abs/10.1146/annurev-lawsocsci-110316-113340

Abstract

"Over the past twenty-five years, social science research in diverse fields has shifted its best explanations of innovation from

(a) atomistic invention and development by individuals, corporate or natural, to networked learning;

(b) market-based innovation focused on material self-interest to interaction between market and non-market practices under diverse motivations; and

(c) property rights exclusively to interaction between property and commons.

These shifts have profound implications for how we must think about law and innovation. Patents, copyrights, non-compete agreements and trade secret laws are all optimized for an increasingly obsolete worldview. Strong intellectual property impedes, rather than facilitates, innovation when we understand that knowledge flows in learning networks, mixing market and non-market models and motivations, and weaving commons with property are central to the innovation process."