Intellectual Property Testimony/Gilbert November 8, 1989 Page 9 realizing the economic and social potential of a democratic society. VI. CONCLUSION We conclude with an attempt to list the most fundamental questions, followed by steps for addressing them. (1) Central Questions. •The philosophical question: In what ways should the results of intellectual work be considered property? Whose? •The ethical question: To what extent and under what conditions should property interests impede access to ideas? •The political question: What are the new constituencies and what are their investments in the generation, dissemination and use of information? •The economic question: What are the minimum prices and how can they be attached to information to ensure its continuing creation and dissemination? •The legal question: How can the traditional legal mechanisms be modified to apply more effectively to new technologies and uses of information? •The administrative question - the present: In present configurations of colleges and universities, how can the computing staff, the bookstore, the library, and the vendors collaborate to deliver "intellectual property" cost-effectively and in useful forms to faculty and students? •The historical question -- the future: How will we transform our institutions and our behavior to fit the new opportunities and challenges presented by the rapid changes in information technologies and world society for the twenty-first century? How will we make new information technology and new means of access to information serve the unique democratic mission of our educational system, rather than widen the gap between those few able to affiliate with the leading institutions and those many who cannot? (2) Next Steps. Higher education should be represented as one of the most active participants, if not actually taking the lead, in defining the issues and questions, then in developing solutions. •Identify already active constituencies. To avoid duplication of effort we must first identify those organizations and individuals who are already addressing the issues with which we are concerned. •Initiate communication among representatives of these organizations and individuals. Provide a forum in which the issues, questions and problems can be clarified and pursued. Page 10 •Identify leaders from higher education and other constituencies who can commit intellectual and other resources to develop projects that will produce solutions. •Create a strategy, plan, and realistic schedule for building a new foundation of principles, policies, laws, guidelines, regulations, and mechanisms for dealing with "intellectual property" and information technology in higher education and the rest of society (in whatever form those institutions take) in the 21st century. *And develop a term that more effectively characterizes the issues at stake than does "intellectual property." VII. EPILOGUE Work Underway We have already begun a series of informal meetings with representatives of several other organizations from education, industry and government who are interested in the intersection of issues that relate to education, information technology, and intellectual property. We look forward to further collaborations and a more focused effort to articulate the needs and initiate actions to solve them. We must continue to work together, to struggle together, to understand this complex interaction of new notions of authorship, privacy, acknowledgment, costs of access to information, etc. all related to but not really well-constrained by the phrase "intellectual property." Thank You I would be happy to answer any questions at this time or in the future, with the proviso that we are at a stage where I am much more comfortable attempting to delineate issues, identify critical questions, and sketch a methodology than providing immediate answers or complete solutions. Thank you for your attention to this increasingly critical issue. Attached are copies of the brochure "Using Software - A Guide to the Ethical and Legal Use of Software for Members of the Academic Community," and a reprint of 3 articles from the special May/June 1989 issue of Change magazine with cover title "Can 'Intellectual Property' be Protected? - An Important Debate Begins." The latter contains articles by Harlan Cleveland, Francis Dummer Fisher, and Steven W. Gilbert and Peter Lyman. These articles provide additional information and perspective. Portions of this document have been based on or taken from the final article by Gilbert and Lyman. SOFTWARE enables us to accomplish many different tasks with computers. Unfortunately, in order to get their work done quickly and conveniently, some people justify making and using unauthorized copies of software. They may not understand the implications of their actions or the restrictions of the U.S. copyright law. |