13. Tim Hubbard and James Love, "A New Trade Framework for Global Healthcare R&D," PLoS Biology 2 (2004): e52.
14. WIPO Development Agenda, available at http://www.cptech.org/ip/wipo/da.html. The Geneva Declaration on the Future of the World Intellectual Property Organization, available at http://www.cptech.org/ip/wipo/futureofwipodeclaration.pdf. In the interest of full disclosure, I should note that I wrote one of the first manifestos that formed the basis for earlier drafts of the Declaration. James Boyle, "A Manifesto on WIPO and the Future of Intellectual Property," Duke Law & Technology Review 0009 (2004): 1-12, available at http://www.law.duke.edu/journals/dltr/articles/PDF/2004DLTR0009. pdf. The Adelphi Charter on Creativity, Innovation, and Intellectual Property, available at http://www.adelphicharter.org/. The Charter was issued by the British Royal Society for the Encouragement of Arts, Manufactures and Commerce (RSA). For discussion of the Charter see James Boyle, "Protecting the Public Domain," Guardian.co.uk (October 14, 2005), available at http://education.guardian.co.uk/ higher/comment/story/0,9828,1591467,00.html; "Free Ideas," The Economist (October 15, 2005), 68. Again, in the interest of full disclosure, I should note that I advised the RSA on these issues and was on the steering committee of the group that produced the Charter.
15. An example is the MacArthur Foundation Program on Intellectual Property and the Public Domain: "The General Program . . . was begun in 2002 as a short-term project to support new models, policy analysis, and public education designed to bring about balance between public and private interests concerning intellectual property rights in a digital era." See http://www.macfound.org/site/c.lkLXJ8MQKrH/b.943331/k.DA6/Genera l_Grantmaking__Intellectual_Property.htm. The Ford Foundation has a similar initiative. Frédéric Sultan, "International Intellectual Property Initiative: Ford Foundation I-Jumelage Resources," available at http://www.vecam.org/ijumelage/spip.php?article609.
16. See http://www.creativecommons.org and http://www.fsf.org.
17. This process runs counter to the assumptions of theorists of collective action problems in a way remarkable enough to have attracted its own chroniclers. See Amy Kapczynski, "The Access to Knowledge Mobilization and the New Politics of Intellectual Property," Yale Law Journal 117 (2008): 804-885. Economists generally assume preferences are simply given, individuals just have them and they are "exogenous" to the legal system in the sense that they are unaffected by the allocation of legal rights. The emergence of the movements and institutions I am describing here paints a different picture. The "preferences" are socially constructed, created through a collective process of debate and decision which shifts the level of abstraction upwards; and, as Kapczynski perceptively notes, they are highly influenced by the legal categories and rights against which the groups involved initially defined themselves.
18. See "News for Nerds: Stuff That Matters," http://www.slashdot.org, and "A Directory of Wonderful Things," http://www.boingboing.net.
19. Pub. L. No. 105-304, 112 Stat. 2860 (1998) (codified as amended in scattered sections of 5, 17, 28, and 35 U.S.C.).
20. For the former see "Content Protection," http://xkcd.com/c129.html, and "Digital Rights Management," http://xkcd.com/c86.html. For the latter, see "Copyright," http://xkcd.com/c14.html.
21. R. David Kryder, Stanley P. Kowalski, and Anatole F. Krattiger, "The Intellectual and Technical Property Components of Pro-Vitamin A Rice (GoldenRiceTM): A Preliminary Freedom-to- Operate Review," ISAAA Briefs No. 20 (2000), available at http://www.isaaa.org/Briefs/20/briefs.htm.
22. "The Supreme Court Docket: The Coming of Copyright Perpetuity," New York Times editorial (January 16, 2003), A28.