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Governance of massive multiauthor collaboration - Linux, Wikipedia, and other networks: governed by bilateral contracts, partnerships, or something in between?
Abstract Open collaborative projects are moving to Open collaborative projects are moving to the foreground of knowledge production. Some online user communities develop into longterm projects that generate a highly valuable and at the same time freely accessible output. Traditional copyright law that is organized around the idea of a single creative entity is not well equipped to accommodate the needs of these forms of collaboration. In order to enable a peculiar network-type of interaction participants instead draw on public licensing models that determine the freedoms to use individual contributions. With the help of these access rules the operational logic of the project can be implemented successfully. However, as the case of the Wikipedia {GFDL-CC} license transition demonstrates, the adaptation of access rules in networks to new circumstances raises collective action problems and suffers from pitfalls caused by the fact that public licensing is grounded in individual copyright. Legal governance of open collaboration projects is a largely unexplored field. The article argues that the license steward of a public license assumes the position of a fiduciary of the knowledge commons generated under the license regime. Ultimately, the governance of decentralized networks translates into a composite of organizational and contractual elements. It is concluded that the production of global knowledge commons relies on rules of transnational private law.ies on rules of transnational private law.
Added by wikilit team Added on initial load  +
Collected data time dimension N/A  +
Comments at least in their present form, individual as well as collective legal concepts have difficulties grasping the special needs of open MMC projects to review their license regimes.
Conclusion In conclusion, at least in their present fIn conclusion, at least in their present form, individual as well as collective legal concepts have difficulties grasping the special needs of open MMC projects to review their license regimes. Therefore, the network type of cooperation must receive adequate legal recognition. Anyway, it is worth noting that under both approaches a similar rationale seems to decide on the legitimacy of a relicensing. In conclusion, legal governance of MMC networks is a complex task. Governance of decentralized networks translates into a composite of organizational and contractual elements. The entity of the license steward represents a new actor at the transnational level that needs to be bound to principles of good organizational governance. However, the substantial standards that guide the exercise of his public function to shepherd the public license issued are to be taken from private law. Here the principles of transnational private law deserve special attention. Legal governance of MMC networks meets the idea of transnational private law – which in turn should open up to the peculiarities of social interaction in networks. The production of global knowledge commons is in need of a transnational law for networks. need of a transnational law for networks.
Data source Documents  +
Google scholar url http://scholar.google.com/scholar?ie=UTF-8&q=%22Governance%2Bof%2Bmassive%2Bmultiauthor%2Bcollaboration%2B-%2BLinux%2C%2BWikipedia%2C%2Band%2Bother%2Bnetworks%3A%2Bgoverned%2Bby%2Bbilateral%2Bcontracts%2C%2Bpartnerships%2C%2Bor%2Bsomething%2Bin%2Bbetween%  +
Has author Dan Wielsch +
Has domain Law +
Has topic Legal infrastructure +
Issue 2  +
Month July  +
Peer reviewed Yes  +
Publication type Journal article  +
Published in JIPITEC +
Research design Case study  +
Research questions Legal governance of open collaboration proLegal governance of open collaboration projects is a largely unexplored field. The article argues that the license steward of a public license assumes the position of a fiduciary of the knowledge commons generated under the license regime. Ultimately, the governance of decentralized networks translates into a composite of organizational and contractual elements. It is concluded that the production of global knowledge commons relies on rules of transnational private law.ies on rules of transnational private law.
Revid 10,794  +
Theories Put in the words of property rights theoryPut in the words of property rights theory, the “authority to select” the use of a resource which normally is restricted to the owner gets decentralized.14 This is the genius of copyleft: due to the fact that now many users can decide independently on the use of one and the same resource, the chances for its creative employment, for a follow-on invention, get multiplied. Unlike in a partnership that is constituted by multilateral contracts, in a network there is no explicit and enforceable obligation to promote a common purpose. This puzzles not just the law but also economic theory. 34 Some contend that participants benefit from “indirect appropriation.”35 In contrast, those who assume (under a Humean approach) that other-regarding preferences are fully capable of directly motivating people regard the existence of peer production rather as the result of a convention.tion rather as the result of a convention.
Theory type Analysis  +
Title Governance of massive multiauthor collaboration - Linux, Wikipedia, and other networks: governed by bilateral contracts, partnerships, or something in between?
Unit of analysis N/A  +
Url https://www.jipitec.eu/issues/jipitec-1-2-2010/2618/JIPITEC%202%20-%20Wielsch-Governance.pdf  +
Volume 1  +
Wikipedia coverage Case  +
Wikipedia data extraction N/A  +
Wikipedia language Not specified  +
Wikipedia page type N/A  +
Year 2010  +
Creation dateThis property is a special property in this wiki. 15 March 2012 20:28:38  +
Categories Legal infrastructure  + , Law  + , Publications  +
Modification dateThis property is a special property in this wiki. 30 January 2014 20:28:36  +
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