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17 September DRAFT PAD&PFU

Creating Global Information Commons for Science

An International Initiative of the Committee on Data for Science and Technology


APPENDIX A

Selected References

Arzberger, P., et al. (2004), "Promoting Access to Public Research Data for Science, Economic, and Social Development", Data Science Journal, CODATA, p. 135-152.

Benkler, Yochai (2002), "Coase's Penguin, or, Linux and the Nature of the Firm", 112 Yale Law Journal 369.

David, P. A. (2005), "Koyaanisqatsi in Cyberspace: The economics of an 'out-of-balance' regime of private property rights in data and information," Ch. 4 in International Public Goods and Technology Transfers under a Globalized International Property Regime, J.H. Reichman and K. Maskus, eds.

David, P. A. (2004), "Can 'Open Science' be Protected from the Evolving Regime of Intellectual Property Rights Protections," Journal of Theoretical and Institutional Economics, 160 (March).

David, P. A. (2003), "The Economic Logic of 'Open Science' and the Balance between Private Property Rights and the Public Domain in Scientific Data and Information: A Primer," in The Role of Scientific and Technical Data and Information in the Public Domain: Proceedings of a Symposium, J. Esanu and P. F. Uhlir, eds., Washington, D.C., National Academies Press.

David, P. A. and M. Spence (2003), "Toward Institutional Infrastructures for e-Science: The Scope of the Challenges," A Report to the Joint Information Systems Committee of the Research Councils of Great Britain, Oxford Internet Institute Report No. 2.

David, P. A., (2002), "The Digital Technology Boomerang: New Intellectual Property Rights Threaten Global 'Open Science,'" Proceedings of the World Bank annual conference on Development Economics-Europe 2000 (CD-ROM Supplement to the World Bank Economic Review, Washington, D.C., Summer, 2002).

The National Academies, National Academies Press, Washington, DC:

  • "Open Access and the Public Domain in Digital Data and Information for Science: Proceedings on an International Symposium" (BISO, 2004).
  • "Licensing Geographic Data and Services" (BESR, 2004).
  • "Electronic Scientific, Technical, and Medical Journal Publishing and Its Implications: Report of a Symposium" (COSEPUP, 2004).
  • "The Role of Scientific and Technical Data and Information in the Public Domain: Proceedings of a Symposium" (BISO, 2003).
  • "Resolving Conflicts Arising from the Privatization of Environmental Data" (BESR, 2001).
  • "The Digital Dilemma: Intellectual Property in the Information Age" (CSTB, 2000).
  • "A Question of Balance: Private Rights and the Public Interest in Scientific and Technical Databases" (CPSMA, 1999).
  • "Bits of Power: Issues in Global Access to Scientific Data" (CPSMA, 1997).
  • "Preserving Scientific Data on Our Physical Universe: A New Strategy for Archiving the Nation's Scientific Information Resources" (CPSMA, 1995).
  • "On the Full and Open Exchange of Scientific Data" (BESR, 1995).

Reichman, J.H. and P. F. Uhlir, (2003), "A Contractually Reconstructed Research Commons for Scientific Data in a Highly Protectionist Intellectual Property Environment," Journal of Law and Contemporary Problems, 66 (315).

Reichman, J.H, and P. F. Uhlir (Spring 1999), "Database Protection at the Crossroads: Recent Developments and Their Impact on Science and Technology", Berkeley Technology Law Journal, Vol. 14, No. 2, at 819-821.

Uhlir, Paul F. (publication pending), "The Emerging Role of Open Repositories as a Fundamental Component of the Public Research Infrastructure," in Open Access: Open Problems, Polimetrica.

Weber, Stephen (2004), The Success of Open Source. Cambridge MA: Harvard-HBS Press.

Footnotes

1 Uhlir, Paul F. (2006), "The Emerging Role of Open Repositories as a Fundamental Component of the Public Research Infrastructure," in Open Access: Open Problems, Polimetrica.

2 For a seminal article on the institutional, economic, and legal aspects of the evolving volunteer, distributed, peer-production models online, see Benkler, Yochai (2002), "Coase's Penguin, or, Linux and the Nature of the Firm", 112 Yale Law Journal 369; see also Weber, Stephen (2004), The Success of Open Source, Cambridge MA: Harvard-HBS Press.

3 See Reichman, J.H. and P. F. Uhlir, (2003), "A Contractually Reconstructed Research Commons for Scientific Data in a Highly Protectionist Intellectual Property Environment," Journal of Law and Contemporary Problems, 66 (315). See also, National research Council (2003), The Role of Scientific and Technical Data and Information in the Public Domain: Proceedings of a Symposium, Esanu, J. and P. F. Uhlir, eds., Washington, D.C., National Academies Press [available at http://books.nap.edu/catalog/10785.html];

4 National Research Council (1997), Bits of Power: Issues in Global Access to Scientific Data, National Academies Press, Washington, DC.

5 See David, P. A. (2003), "The Economic Logic of 'Open Science' and the Balance between Private Property Rights and the Public Domain in Scientific Data and Information: A Primer," in Esanu & Uhlir, eds., op. cit. note 3; Arzberger, P., et al. (2004), "Promoting Access to Public Research Data for Science, Economic, and Social Development", Data Science Journal, CODATA, p. 135-152.

6 See, e.g., National Research Council, op. cit., note 3.

7 Reichman, J.H, and P. F. Uhlir (Spring 1999), "Database Protection at the Crossroads: Recent Developments and Their Impact on Science and Technology", Berkeley Technology Law Journal, Vol. 14, No. 2, at 819-821.

8 See David, P. A. (2004),"Can 'Open Science' be Protected from the Evolving Regime of Intellectual Property Rights Protections," Journal of Theoretical and Institutional Economics, 160: pp.1-26 [Pre-print draft available at http://siepr.stanford.edu/papers/pdf/02-42.html.]; David, P. A. (2005), "Koyaanisqatsi in Cyberspace: The economics of an 'out-of-balance' regime of private property rights in data and information," Ch. 4 in International Public Goods and Technology Transfers under a Globalized International Property Regime, eds. J.H. Reichman and K. Maskus. [Pre-print draft available at: http://siepr.stanford.edu/papers/pdf/02-29.html].

9 For expressions of such concerns in a global perspective, see David, P. A., "The Digital Technology Boomerang: New Intellectual Property Rights Threaten Global 'Open Science,'" Proceedings of the World Bank annual conference on Development Economics-Europe 2000 (CD-ROM Supplement to the World Bank Economic Review, Washington, D.C., Summer, 2002 [and background study at http://siepr.stanford.edu/papers/00-02.pdf]. For an extensive review and discussion focused on the situation in the U.S. and the E.U., see Reichman & Uhlir, op. cit., note 3.

10 The original ideas for the Global Information Commons for Science Initiative were presented in a series of reports published at the U.S. National Academies and listed in the Bibliography in Appendix A for this proposal, as well as in a seminal article by Reichman & Uhlir, op. cit, note 3, and in David, P. A. and M. Spence (2003), "Toward Institutional Infrastructures for e-Science: The Scope of the Challenges," A Report to the Joint Information Systems Committee of the Research Councils of Great Britain, Oxford Internet Institute Report No. 2. (September) [Available at: http://www.oii.ox.ac.uk/resources/publications/OIIRR_E-Science_0903.pdf ]. These ideas were more fully fleshed out following an international workshop at UNESCO Headquarters in Paris on 1-2 September 2005 on the theme "Creating the Information Commons for Science: Toward Institutional Policies and Guidelines for Action" [details of the Workshop rationale and proceedings, are available at: http://www.codataweb.org/UNESCOmtg/index.html.]. The response from the participants in that Workshop (which was organized by CODATA with the joint sponsorship of ICSU, ICSTI, INASP, UNESCO, and TWAS, with the collaboration of the OECD) has led to the development of this Initiative.

11 It should be obvious from the presentation of the nature of the Global Information Commons for Science Initiative (as it is from the dependence of "free and open source software" upon copyright law) that the challenge of building a "common" in the sense intended here should not be misconstrued as the pursuit of a utopian dream to return to some imagined golden age when property rights did not exist. Application of this legal tactic -- using IP rights to enforce licensing arrangements whose purpose is to ensure continued shared access to content and future information constructed directly upon it -- has proved to be highly effective in the particular case of the open source software licensing, e.g., under the terms of the GNU General Public License. But the "contractual construction of an information common" is more general and does not depend upon the special "copyleft" (so-called "viral") provisions of that license.

12 Among the intergovernmental organizations, the Organisation for Economic Co-operation and Development (OECD) will publish in 2007 a Recommendation for Principles and Guidelines for Access to Research Data from Public Funding, and at the non-governmental level the International Council for Science (ICSU) is beginning to implement far-reaching recommendations of a recent Priority Area Assessment on Data and Information.

13 Various legislative, regulatory, and policy initiatives focused on providing open availability to scientific data and information have been proposed or are being implemented in many countries, including the United States, Canada, United Kingdom, France, Germany, Switzerland, the Netherlands, Finland, Australia, China, and South Africa.

14 For example, CERN has been a major force in leading on open access policy and practice in both the scientific data and the literature. There are many others, some of which are cited in Box 1.

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