Governance of Massive Multiauthor Collaboration - Linux, Wikipedia, and Other Networks: Governed by Bilateral Contracts, Partnerships, or Something in Between?
Author | Dan Wielsch |
Position | Dr. iur., LL. M. (Berkeley), Professor of Law at the University of Cologne, Chair of Private Law and Legal Theory, Germany |
Pages | 96-108 |
2010
Dan Wielsch
96
1
Abstract: Open collaborative projects are
moving to the foreground of knowledge production.
Some online user communities develop into long-
term projects that generate a highly valuable and at
the same time freely accessible output. Traditional
copyright law that is organized around the idea of a
single creative entity is not well equipped to accom-
modate the needs of these forms of collaboration. In
order to enable a peculiar network-type of interaction
participants instead draw on public licensing models
that determine the freedoms to use individual con-
tributions. With the help of these access rules the
operational logic of the project can be implemented
successfully. However, as the case of the Wikipedia
GFDL-CC license transition demonstrates, the ad-
aptation of access rules in networks to new circum-
stances raises collective action problems and suffers
from pitfalls caused by the fact that public licensing is
grounded in individual copyright.
Legal governance of open collaboration projects is a
largely unexplored field. The article argues that the li-
cense steward of a public license assumes the posi-
tion of a fiduciary of the knowledge commons gen-
erated under the license regime. Ultimately, the
governance of decentralized networks translates
into a composite of organizational and contractual el-
ements. It is concluded that the production of global
knowledge commons relies on rules of transnational
private law.
Governance of Massive
Multiauthor Collaboration
Linux, Wikipedia, and Other Networks: Governed by Bilateral
Contracts, Partnerships, or Something in Between?*
by Dan Wielsch, Cologne
Dr. iur., LL. M. (Berkeley), Professor of Law at the University of Cologne, Chair of Private Law and Legal Theory,
Germany
© 2010 Dan Wielsch
Everbody may disseminate this article by electronic means and make it available for download under the terms and
conditions of the Digit al Peer Publishing Licence (DPPL). A copy of the license tex t may be obtained at http://nbn-resolving.
de/urn:nbn:de:00 09-dppl-v3-en8 .
This article may also be used under the Creati ve Commons Attribution-Share Alike 3.0 Unported License, availabl e at http://
creativecommons.org/licenses/by-sa/3.0/.
Recommended citation: Dan Wi elsch, Governance of Massive Multiauthor Collabor ation - Linux, Wikipedia, and Other
Networks: Gove rned by Bilateral Contracts, Par tnerships, or Something in Between?, 1 (2010) JIPITEC 9 6, para. 1.
Keywords: Governance, Collaboration, Multi-Author, Open Content, Open Source, Commons, Wikipedia, Net-
works, Access, Licensing, GPL
A. Open collaborative production
1
users
hybrids
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