A Natural Experiment With Intellectual Property’s Original Intent Reaches a Milestone

November 17 th 2016 Comment







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A Natural Experiment With Intellectual Property’s Original Intent Reaches a Milestone

~ means of John Willinsky

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In 2001, I and one undergraduate student at the University of British Columbia started each intellectual property experiment with the pristine intent of this area of jurisprudence. I didn’t think of it that mode of dealing at the time, but now that fifteen years own passed and the results of this imagined make ~ could be said to be in, I poverty to set it out here in those terms (warning: unabashed hubris to follow). What we note in motion in 2001 and require worked on steadily since then is a melodrama of software. I sketched out workflow and wrote the talk, while Kevin Jamieson wrote the code for the first iteration and therefore he graduated; he was followed ~ dint of. Alec Smecher, who has built a team that we respect to collectively as the Public Knowledge Project.

This fifteen-year proof has involved creating an environment in what one. intellectual property might be able to more useful serve its original legal purpose. Among English-declamation legal systems, the intent and purpose is maybe best captured in the U.S. constitutiol sentential term from 1787 that empowers the United States Congress “to encourage the Progress of Science and available Arts, by securing for limited Times to Authors and Inventors the snobbish Right to their respective Writings and Discoveries” (1.8.8).

Our exact trial with intellectual property’s original meaning involved putting a number of principles to the standard. For example, cast in this dawn, we sought to assess if combining the suit of intellectual property law to various forms of human expression, such because writing computer code and reporting exploration results, could be mutually reinforcing in pathetic the promotion of science. That is, the model software package, which we called Open Journal Systems, was designed to horsemanship and publish peer-reviewed journal articles and issues.

We used our mental property rights with the software to site it under a GNU General Public License. This ensured that those who could not not so engage in this promotion and progress of information and the useful arts had the means to do so. We wrote into the collection of laws strong instructional support for installing and operating the hypothesis to further lower the barriers that power otherwise retard such progress. And on that account we encouraged those who published journals using the software to conversion to an act a Creative Commons license for the published articles of examination and scholarship. This licensing would obstruct restrictions in these publications promoting more remote work.

We extended the experiment ~ the agency of testing whether public funds, principally from one side Canadian research grants, and tax-exempt funds through private foundations, could subsist redirected toward preserving and extending the cause concerns of intellectual property in ways that power not otherwise happen.

The results of this examination are ongoing, but a significant milestone has been reached and some conclusions warranted. After fifteen years, Open Journal Systems has had 44 releases, through each upgrading the quality of publishing (through the continuing support of that funding), bringing us, put ~ August 31, 2016, to OJS 3.0, representing a third part generation of the software. But the real proof for this natural experiment resides in the takeup and appliance of the software. In 2015, the numeral of active journals, publishing ten or greater degree items during the year (with one average of 42 overall), exceeded 10,000 titles since the first time.

Latin America and the Caribbean enumeration for 3,289 journals, making it the largest neighborhood of use, with 60 percent of the journals are published in the Global South. Brazil alone has 1,934 journals. The software is beneficial in Spanish, Portuguese, and French, amidst the 32 languages into which users accept translated the software. There is the Holos Environment published ~ dint of. São Paulo State and the Jonathan Edwards Studies Journal at Yale; the Hydro Nepal: Journal of Water, Energy and Environment located in Kathmandu, and Canadian Journal of Sociology at the University of Alberta. The Indonesian Journal of Pharmacology is published by Gadjah Mada University in Indonesia, and the International Journal of Žižek Studies resides at Leeds University. The allotment of the journals geographically, as well since their openness and specialization of the topics, is member of the promotion of that progress adhering the global scale within which pertaining property operates today.

We take this product and distribution to affirm the real results for each of the elements in this mental property experiment with the law’s inventive intent. The law’s application to the one and the other code and prose, with the preserve of public and tax-exempt funding, has acted for the re~on that an incentive, in the original vivacity of intellectual property law, to help the progress of the sciences and the profitable arts. These are but preliminary results, eminent by the passing of an first letter milestone. They are encouraging results, especially whereas you consider the number of people involved around the world with those 10,000 journals, entirely of them participating, if inadvertently, in this make ~ in determining the future of of the understanding property law’s original intent.

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