ABSTRACT: “Openness” and the Pursuit of Knowledge

Andrew Updegrove, Partner, Gesmer Updegrove LLP

6/09/2008
(Original Publish Date: 5/1/2008)

Until the advent of the Internet, the acquisition of knowledge was a linear process, with the discoveries of one innovator only becoming available to be built upon by the next after being reported to, evaluated by, and eventually published in a journal of repute. Similarly, the process of creation of collaborative works was largely limited to individuals that were physically in one location, due to the need for real time communication. Not surprisingly, the legal rules, tools and practices that evolved over time reflected this sequential and insular process of creation, tilting the balance of rights towards the creators, in part because the opportunities for societally beneficial, real-time sharing were limited. Now that those limitations have fallen away, creators of all types are voluntarily relaxing their ownership rights in order to mutually enjoy the benefits of greater access, faster development, and more useful collaboration. In this article, I review some of the many ways and domains in which this revolution is occurring, highlight some of the legal tools that innovative individuals have created in order to facilitate this process, and offer thoughts on how these important developments in the acquisition and sharing of knowledge can best be encouraged to thrive in the future.