Open Access News

News from the open access movement


Wednesday, December 31, 2008

CC, EULAs, and OA

Niva Elkin-Koren, Governing Access to Users-Generated-Content: The Changing Nature of Private Ordering in Digital Networks, forthcoming in Governance, Regulations and Powers on the Internet; self-archived December 29, 2008. Abstract:
This paper analyzes the rise of private ordering as a dominant strategy for governing creative works in the digital environment. It explores the changing nature of private ordering in the Web 2.0 environment, where it is used for governing User-Generated Content (UGC). Private ordering is playing an ever greater role in governing the terms of access to creative works. Rightholders often use End-User License Agreements (EULA) to expand the scope of protection provided under copyright law, by limiting the rights of users under legal doctrines such as 'fair use' and 'first sale'. At the same time, private ordering has also been employed in recent years by Open Access initiatives, to promote access to creative works and facilitate interaction, exchange and sharing of creative materials. ...