Locke,Intellectual Property Rights,and the Information Commons

This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections, Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property. In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs and digital information. In Section 3, it is argued that even if the labor analogy breaks down, we should not necessarily infer that Locke’s theory has no relevance for the contemporary debate involving IPRs and the information commons. Alternatively, I argue that much of what Locke has to say about the kinds of considerations that ought to be accorded to the physical commons when appropriating objects from it – especially his proviso requiring that “enough and as good” be left for others – can also be applied to appropriations involving the information commons. Based on my reading of Locke’s proviso, I further argue that Locke would presume in favor of the information commons when competing interests (involving the rights of individual appropriators and the preservation of the commons) are at stake. In this sense, I believe that Locke offers us an adjudicative principle for evaluating the claims advanced by rival interests in the contemporary debate about IPRs and the information commons. In Section 4, I apply Locke’s proviso in my analysis of two recent copyright laws: the Copyright Term Extension Act (CTEA), and the Digital Millennium Copyright Act (DMCA). I then argue that both laws violate the spirit of Locke’s proviso because they unfairly restrict the access that ordinary individuals have previously had to resources that comprise the information commons. Noting that Locke would not altogether reject copyright protection for IPRs, I conclude that Locke’s classic property theory provides a useful mechanism for adjudicating between claims about how best to ensure that individuals will be able to continue to access information in digitized form, while at the same time also allowing for that information to enjoy some form of legal protection.     

ICT Ethics Bibliography 2004: A Select List of Recent Books

Ethics and Information Technology -     

Fetal lead exposure: Encephalopathy in a child

It is well known that lead exposure in the early period of pre pregnancy and antenatal life leads to serious health complications. In this case report, a five month old child who was suffering from encephalopathy was finally confirmed a victim of lead exposure, the source being the environment and the family. We report this case with complete clinical investigation including blood lead analysis. This case report highlights the various ways in which lead may accumulate in the body. It is also aimed at increasing awareness regarding the pathogenesis and clinical manifestations of lead toxicity. The literature survey done reveals that this is the youngest age at which lead toxicity has been documented in India.     

Families made by science. Arnold Gesell and the technologies of modern child adoption

This essay considers the effort to transform child adoption into a modern scientific enterprise during the first half of the twentieth century via a case study of Arnold Gesell (1880-1961), a Yale developmentalist well known for his studies of child growth and the applied technologies that emerged from them: normative scales promising to measure and predict development. Scientific adoption was a central aspiration for many human scientists, helping professionals, and state regulators. They aimed to reduce the numerous hazards presumed to be inherent in adopting children, especially infants, who were not one's "own." By importing insights and techniques drawn from the world of science into the practical world of family formation, scientific adoption stood for kinship by design. This case study explores one point of intersection between the history of science and the history of social welfare and social policy, simultaneously illustrating the cultural progress and power of scientific authority and the numerous obstacles to its practical realization.     

An adaptive filtering algorithm to estimate sprint velocity using a single inertial sensor

The assessment of sprint velocity is useful for evaluating performance and guiding training interventions. In this paper, we describe an adaptive filtering algorithm to estimate sprint velocity using a single, sacrum-worn magneto-inertial measurement unit. Estimated instantaneous velocity, average 10 m interval velocity, and peak velocity during 40 m sprints from the proposed method were compared to a reference method using photocell position-time data. Concurrent validity of the proposed method was assessed using mean absolute error and mean absolute percent error for all velocity estimates. The significance of the mean error was assessed using a factorial ANOVA for average interval velocity and a paired-samples t test for peak velocity. Reliability was assessed using Bland–Altman 95% limits of agreement for repeated measures. Average interval velocity was underestimated early in the sprint (??0.25 to ??0.05 m/s) and overestimated later (0.13 m/s) with mean absolute error between 0.20 m/s (3.95%) and 0.62 m/s (7.78%). The average mean absolute error was 0.45 m/s (7.02%) for instantaneous velocity and 0.63 m/s (7.84%) for peak velocity. The limits of agreement grew progressively wider at greater distances (??0.59 to 0.34 m/s for 0–10 m and ??1.32 to 1.59 m/s for 30–40 m). The estimation error from the proposed method is comparable to other wearable sensor-based methods and suggests its potential use to assess sprint performance.     

Informational privacy, data mining, and the Internet

Privacy concerns involving data mining are examined in terms of four questions: (1) What exactly is data mining? (2) How does data mining raise concerns for personal privacy? (3) How do privacy concerns raised by data mining differ from those concerns introduced by ‘traditional’ information-retrieval techniques in computer databases? (4) How do privacy concerns raised by mining personal data from the Internet differ from those concerns introduced by mining such data from ‘data warehouses?’ It is argued that the practice of using data-mining techniques, whether on the Internet or in data warehouses, to gain information about persons raises privacy concerns that (a) go beyond concerns introduced in traditional information-retrieval techniques in computer databases and (b) are not covered by present data-protection guidelines and privacy laws.     

Recent Publications in Natural History

Principal Review: Edwards, Stephen R., Bruce M. Bell, and Mary Elizabeth King , comps. Pest control in museums: a status report (1980). Principal Review: Dubos, René . The Wooing of Earth: new perspectives on man's use of nature.