This document discusses the history and principles of open science and its consequences for intellectual property rights. It outlines how the internet has enabled greater freedom of expression and access to information. While this has led to a crisis in ethics around intellectual property, open science principles like open access to research, access to research tools, public domain data from funded research, and investment in open infrastructure may help address this by changing the status quo of intellectual property rights. The social changes brought about by new technologies necessitate reconsidering classical intellectual property.
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
Conference - ITechLaw CyberSpaceCamp
1. The Openscience and the “new
order” of Intellectual Property Rights
João Ademar de Andrade Lima
Professor, researcher and author on IPR
joaoademar.com | @joaoademar
2. The beginning…
• The history of Internet starts is 1969, with
ARPANET (Advanced Research Projects
Agency Network), an operational packet
switching network funded by the U.S.
Department of Defence
• Later, with the WWW, Internet access
became easier and simpler, with a friendlier
graphical interface
3. The beginning…
• Other cultural, social, educational etc.
changes took place in the following years,
opening a new world, with a connected
computer as a vehicle
• The Internet started to contribute to freedom
of expression, access to information and
democratization of knowledge – typical
elements of cyberculture, whose founders’
rules can be drawn on lessons from LEMOS
4. The beginning…
• According to him, Cyberculture has three
foundation laws:
– The release of the pole issue
We can do all on the web / Internet has
everything
– The principle of networking
The network is everywhere / The actual computer
is the network
– The reconfiguration of media formats and social
practices
5. The beginning…
• As a consequence, cyberculture entails
several phenomena:
– Denial of copyright, reconfiguring it in the “remix”
– Creation of the “electronic art”
– Reinvention of manifestations and ways of
communicating with tools such as blogs and
podcasts
– Reconstruction of the concept of “sharing” (P2P)
and the meaning of “collaboration” (wiki)
6. Starting to think…
• Earlier, in a pre-industrial society, the human
being was related to 40... 50 people...
• Today, human relates to... 40, 50 people in
one email!
• There was thus an improvement!
• That’s what is called virtualization, in the
words of LÉVY
7. Starting to think…
• Everything starts with the television (but in a
“passive” way)
• With the Information Society, this logic
changes ... interaction arises (Interaction
Society?)
• New Fundamental Human Right?
WE ALL HAVE THE RIGHT TO INTERACT!
8. Introduction to focusing…
• The Internet contributes to freedom of
expression, access to information and
knowledge democratization
• Nevertheless, brought up a widespread crisis
in ethics and moral
• The new technologies of comunication and
information argue what is right and wrong in
matters of intellectual property on the web
9. Introduction to focusing…
• The fact is that the internet is free, potentially
free, and that freedom promotes in people
the desire to move too freely, because there
is no law regulating the comings and goings
in cyberspace
• So where is Intellectual Property (specially
copyright) in this context?
Cornered!
10. Not just words... but concepts
• Copyright
• Copyleft
• Public Domain
• Shared Culture
• Remix Culture
• Free Culture
12. Principles for Openscience
• Open Access to Literature from Funded
Research
By “open access” to this literature, we mean that it should
be on the Internet in digital form, with permission granted
in advance to users to “read, download, copy, distribute,
print, search, or link to the full texts of articles, crawl them
for indexing, pass them as data to software, or use them
for any other lawful purpose, without financial, legal, or
technical barriers other than those inseparable from
gaining access to the Internet itself.”
13. Principles for Openscience
• Access to Research Tools from Funded
Research
By “access” to research tools, we mean that the materials
necessary to replicate funded research – cell lines, model
animals, DNA tools, reagents, and more, should be
described in digital formats, made available under
standard terms of use or contracts, with infrastructure or
resources to fulfill requests to qualified scientists, and with
full credit provided to the scientist who created the tools.
14. Principles for Openscience
• Data from Funded Research in the Public
Domain
Research data, data sets, databases, and protocols
should be in the public domain. This status ensures the
ability to freely distribute, copy, re-format, and integrate
data from research into new research, ensuring that as
new technologies are developed that researchers can
apply those technologies without legal barriers. Scientific
traditions of citation, attribution, and acknowledgment
should be cultivated in norms.
15. Principles for Openscience
• Invest in Open Cyberinfrastructure
Data without structure and annotation is a lost opportunity.
Research data should flow into an open, public, and
extensible infrastructure that supports its recombination
and reconfiguration into computer models, its searchability
by search engines, and its use by both scientists and the
taxpaying public. This infrastructure should be treated as
an essential public good.
16. Consequences for IPRs
• The Openscience emerges as basis for
change inherent to Classical Intellectual
Property
• The social fact is laid!
• It remains, then, take the cultural changes
stemming from it and also act to change the
status quo of Intellectual Property Rights
• Go ahead!
17. • It’s time to think!
Discussion should not end here!