The Branding of the American Mind

How Universities Capture, Manage, and Monetize Intellectual Property and Why It Matters

Author: Jacob H. Rooksby

Publisher: JHU Press

ISBN: 1421420805

Category: Education

Page: 392

View: 6135

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.
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Handbook on the Politics of Higher Education

Author: Brendan Cantwell,Hamish Coate,Roger King

Publisher: Edward Elgar Publishing

ISBN: 1786435020

Category: Education

Page: 576

View: 2170

Understanding the politics of Higher Education is becoming more important as the sector is increasingly recognised as a vital source of innovation, skills, economic prosperity, and personal wellbeing. Yet key political differences remain over such issues as who should pay for higher education, how should it be accountable, and how we measure its quality and productivity. Particularly, are states or markets the key in helping to address such matters. The Handbook provides framing perspectives and perspectives, chapters on funding, governance and regulation, and pieces on the political economy of higher education and on the increased role of external stakeholders and indicators.
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Governing Knowledge Commons

Author: Brett M. Frischmann,Michael J. Madison,Katherine Jo Strandburg

Publisher: Oxford University Press

ISBN: 0190225823

Category: Law

Page: 499

View: 1352

"Knowledge commons" describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom's Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.
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Academic Capitalism in the Age of Globalization

Author: Brendan Cantwell,Ilkka Kauppinen

Publisher: JHU Press

ISBN: 1421415372

Category: Business & Economics

Page: 296

View: 3998

Today, nearly every aspect of higher education—including student recruitment, classroom instruction, faculty research, administrative governance, and the control of intellectual property—is embedded in a political economy with links to the market and the state. Academic capitalism offers a powerful framework for understanding this relationship. Essentially, it allows us to understand higher education’s shift from creating scholarship and learning as a public good to generating knowledge as a commodity to be monetized in market activities. In Academic Capitalism in the Age of Globalization, Brendan Cantwell and Ilkka Kauppinen assemble an international team of leading scholars to explore the profound ways in which globalization and the knowledge economy have transformed higher education around the world. The book offers an in-depth assessment of the theoretical foundations of academic capitalism, as well as new empirical insights into how the process of academic capitalism has played out. Chapters address academic capitalism from historical, transnational, national, and local perspectives. Each contributor offers fascinating insights into both new conceptual interpretations of and practical institutional and national responses to academic capitalism. Incorporating years of research by influential theorists and building on the work of Sheila Slaughter, Larry Leslie, and Gary Rhoades, Academic Capitalism in the Age of Globalization provides a provocative update for understanding academic capitalism. The book will appeal to anyone trying to make sense of contemporary higher education.
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The Economic Structure of Intellectual Property Law

Author: William M. LANDES,Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674039912

Category: Law

Page: 448

View: 881

This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
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UW Struggle

When a State Attacks Its University

Author: Chuck Rybak

Publisher: Forerunners: Ideas First

ISBN: 9781517903534

Category: Education

Page: 98

View: 8437

UW Struggle provides an on-the-ground view of the smoldering attack on public higher education in Wisconsin. This is a chronicle of failed leadership and what actions, if any, can protect this vital American institution.
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Academic Capitalism and the New Economy

Markets, State, and Higher Education

Author: Sheila Slaughter,Gary Rhoades

Publisher: JHU Press

ISBN: 1421401622

Category: Education

Page: 384

View: 7133

Defining the terms of academic capitalism in the new economy, this groundbreaking study offers essential insights into the trajectory of American higher education.
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Investigating College Student Misconduct

Author: Oren R. Griffin

Publisher: Johns Hopkins University Press

ISBN: 9781421426372

Category: Education

Page: 224

View: 8842

Touching on a range of issues, including academic dishonesty, sexual assault, freedom of speech, quasi-criminal activity, and other acts of misconduct, Investigating Student Misconduct is supported by a review of relevant judicial decisions from state and federal courts, along with a conceptual and pragmatic analysis of important statutory and constitutional provisions, including Title IX and FERPA.
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In Praise of Copying

Author: Marcus Boon

Publisher: Harvard University Press

ISBN: 0674058429

Category: Philosophy

Page: 294

View: 4061

German critic Walter Benjamin wrote some immensely influential words on the work of art in the age of mechanical reproduction. Luxury fashion houses would say something shorter and sharper and much more legally binding on the rip-off merchants who fake their products. Marcus Boon, a Canadian English professor with an accessible turn of phrase, takes us on an erudite voyage through the theme in a serious but engaging encounter with the ideas of thinkers as varied as Plato, Hegel, Orson Welles, Benjamin, Heidegger, Louis Vuitton, Takashi Murakami and many more, on topics as philosophically taxing and pop-culture-light as mimesis, Christianity, capitalism, authenticity, Uma Thurman's handbag and Disneyland.
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The Interpretation of Cultures

Author: Clifford Geertz

Publisher: Basic Books

ISBN: 0465093566

Category: Social Science

Page: 576

View: 7589

In The Interpretation of Cultures, the most original anthropologist of his generation moved far beyond the traditional confines of his discipline to develop an important new concept of culture. This groundbreaking book, winner of the 1974 Sorokin Award of the American Sociological Association, helped define for an entire generation of anthropologists what their field is ultimately about.
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The Wealth of Networks

How Social Production Transforms Markets and Freedom

Author: Yochai Benkler

Publisher: Yale University Press

ISBN: 9780300125771

Category: Business & Economics

Page: 515

View: 8329

With the radical changes in information production that the Internet has introduced, we stand at an important moment of transition, says Yochai Benkler in this thought-provoking book. The phenomenon he describes as social production is reshaping markets, while at the same time offering new opportunities to enhance individual freedom, cultural diversity, political discourse, and justice. But these results are by no means inevitable: a systematic campaign to protect the entrenched industrial information economy of the last century threatens the promise of today’s emerging networked information environment. In this comprehensive social theory of the Internet and the networked information economy, Benkler describes how patterns of information, knowledge, and cultural production are changing--and shows that the way information and knowledge are made available can either limit or enlarge the ways people can create and express themselves. He describes the range of legal and policy choices that confront us and maintains that there is much to be gained--or lost--by the decisions we make today.
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Improving Measurement of Productivity in Higher Education

Author: Panel on Measuring Higher Education Productivity: Conceptual Framework and Data Needs,Committee on National Statistics,Board on Testing and Assessment,Division of Behavioral and Social Sciences and Education,National Research Council

Publisher: National Academies Press

ISBN: 0309257751

Category: Education

Page: 207

View: 5457

Higher education is a linchpin of the American economy and society: teaching and research at colleges and universities contribute significantly to the nation's economic activity, both directly and through their impact on future growth; federal and state governments support teaching and research with billions of taxpayers' dollars; and individuals, communities, and the nation gain from the learning and innovation that occur in higher education. In the current environment of increasing tuition and shrinking public funds, a sense of urgency has emerged to better track the performance of colleges and universities in the hope that their costs can be contained without compromising quality or accessibility. Improving Measurement of Productivity in Higher Education presents an analytically well-defined concept of productivity in higher education and recommends empirically valid and operationally practical guidelines for measuring it. In addition to its obvious policy and research value, improved measures of productivity may generate insights that potentially lead to enhanced departmental, institutional, or system educational processes. Improving Measurement of Productivity in Higher Education constructs valid productivity measures to supplement the body of information used to guide resource allocation decisions at the system, state, and national levels and to assist policymakers who must assess investments in higher education against other compelling demands on scarce resources. By portraying the productive process in detail, this report will allow stakeholders to better understand the complexities of--and potential approaches to--measuring institution, system and national-level performance in higher education.
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The Intangible Advantage

Understanding Intellectual Property in the New Economy

Author: David Kline,Robert G. Krupka,Gary K. Michelson,Randall E. Kahnke,Kerry L. Bundy

Publisher: N.A

ISBN: 9780997542622

Category:

Page: N.A

View: 8537

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Suing Alma Mater

Higher Education and the Courts

Author: Michael A. Olivas

Publisher: JHU Press

ISBN: 1421409240

Category: Education

Page: 240

View: 4763

Although much has been written about U.S. Supreme Court decisions involving higher education, little has been said about the foundational case law and litigation patterns emerging from the lower courts. As universities become increasingly legislated, regulated, and litigious, campuses have become testing grounds for a host of constitutional challenges. From faculty and student free speech to race- or religion-based admissions policies, Suing Alma Mater describes the key issues at play in higher education law. Eminent legal scholar Michael A. Olivas considers higher education litigation in the latter half of the twentieth century and the rise of "purposive organizations," like the American Civil Liberties Union and the Alliance Defense Fund (now known as the Alliance Defending Freedom), that exist to advance litigation. He reviews more than 120 college cases brought before the Supreme Court in the past fifty years and then discusses six key cases in depth. Suing Alma Mater provides a clear-eyed perspective on the legal issues facing higher education today. -- Robert O'Neil, University of Virginia
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Intellectual Property Strategy

Author: John Palfrey

Publisher: MIT Press

ISBN: 026229799X

Category: Law

Page: 192

View: 6573

Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive "sword and shield" approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy -- especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property -- patent, copyright, trademark, and trade secret -- and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.
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The Art of Game Design

A Book of Lenses, Second Edition

Author: Jesse Schell

Publisher: CRC Press

ISBN: 1498759564

Category: Computers

Page: 600

View: 2110

Good game design happens when you view your game from as many perspectives as possible. Written by one of the world's top game designers, The Art of Game Design presents 100+ sets of questions, or different lenses, for viewing a game’s design, encompassing diverse fields such as psychology, architecture, music, visual design, film, software engineering, theme park design, mathematics, puzzle design, and anthropology. This Second Edition of a Game Developer Front Line Award winner: Describes the deepest and most fundamental principles of game design Demonstrates how tactics used in board, card, and athletic games also work in top-quality video games Contains valuable insight from Jesse Schell, the former chair of the International Game Developers Association and award-winning designer of Disney online games The Art of Game Design, Second Edition gives readers useful perspectives on how to make better game designs faster. It provides practical instruction on creating world-class games that will be played again and again.
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Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation

Special Report of the Intergovernmental Panel on Climate Change

Author: Christopher B. Field,Vicente Barros,Thomas F. Stocker,Qin Dahe

Publisher: Cambridge University Press

ISBN: 1107380103

Category: Science

Page: N.A

View: 1444

This Intergovernmental Panel on Climate Change Special Report (IPCC-SREX) explores the challenge of understanding and managing the risks of climate extremes to advance climate change adaptation. Extreme weather and climate events, interacting with exposed and vulnerable human and natural systems, can lead to disasters. Changes in the frequency and severity of the physical events affect disaster risk, but so do the spatially diverse and temporally dynamic patterns of exposure and vulnerability. Some types of extreme weather and climate events have increased in frequency or magnitude, but populations and assets at risk have also increased, with consequences for disaster risk. Opportunities for managing risks of weather- and climate-related disasters exist or can be developed at any scale, local to international. Prepared following strict IPCC procedures, SREX is an invaluable assessment for anyone interested in climate extremes, environmental disasters and adaptation to climate change, including policymakers, the private sector and academic researchers.
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Ours to Hack and to Own

The Rise of Platform Cooperativism, a New Vision for the Future of Work and a Fairer Internet

Author: Trebor Scholz,Nathan Schneider

Publisher: Or Books

ISBN: 9781944869335

Category: Business & Economics

Page: 252

View: 2746

With the rollback of net neutrality, platform cooperativism becomes even more pressing: In one volume, some of the most cogent thinkers and doers on the subject of the cooptation of the Internet, and how we can resist and reverse the process.
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The Eureka Myth

Creators, Innovators, and Everyday Intellectual Property

Author: Jessica Silbey

Publisher: Stanford University Press

ISBN: 0804793530

Category: Law

Page: 368

View: 4536

Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities. Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.
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The Culture of Connectivity

A Critical History of Social Media

Author: Jose van Dijck

Publisher: Oxford University Press

ISBN: 0199970793

Category: Music

Page: 240

View: 9905

Social media penetrate our lives: Facebook, YouTube, Twitter and many other platforms define daily habits of communication and creative production. This book studies the rise of social media, providing both a historical and a critical analysis of the emergence of major platforms in the context of a rapidly changing ecosystem of connective media. Author Jos? van Dijck offers an analytical prism that can be used to view techno-cultural as well as socio-economic aspects of this transformation as well as to examine shared ideological principles between major social media platforms. This fascinating study will appeal to all readers interested in social media.
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