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12 Soc. & Legal Stud. 285 (2003)
Peter Drahos and John Braithwaite, Information Feudalism: Who Owns the Knowledge Economy

handle is hein.journals/solestu12 and id is 281 raw text is: 


                                BOOK REVIEWS                                285


PETER DRAHOS and JOHN BRAITHWAITE, Information Feudalism: Who Owns The
Knowledge Economy? London: Earthscan, 2002, 272 pp., £12.00.

The book on Information Feudalism: Who Owns the Knowledge Economy? by Peter
Drahos with John Braithwaite is a landmark contribution to the discourse on the role
of intellectual property rights in perpetuating inequalities between different states and
actors, as information is critical for participation and effectiveness in the international
arena in the era of globalization.
  The critical role that information plays in development ensures that the owners/
holders of information impact significantly on development paths. The trends in
information ownership currently are such that the owners comprise organized
business based in the North. Even in areas where actors from the developing world
would be the majority of the owners as in the case of knowledge and information
relating to genetic resources, rules on intellectual property refine and entrench
inequalities to the detriment of actors in the developing world.
  The authors convincingly argue that intellectual property rules are being used to
lock up vital educational software, genetic and other information. The result is a
global property regime that is used to expropriate everything from HIV/AIDS drugs,
seeds for developing world farmers to information on the human genome.
  The authors illustrate how intellectual property rules became part of the global
trading rules and how they have altered the knowledge game in favour of international
business. They also address the implications of this trend for the ownership of
biotechnology, digital technology and access for those who now have to pay for once
fully shared information. There are inevitably global winners and losers in this game
whom the authors typologize.
  Through the use of extensive interviews with key players, the authors argue that
in the globalized information society, the rich have found new ways to rob the poor.
They argue that intellectual property rights should be more democratically defined
and shared. In the first chapter, the authors explain the connections between infor-
mation feudalism and medieval feudalism. They note that both involve a redistri-
bution of property rights. In the case of medieval feudalism the relationship of the
lord to the land and vessels was a relationship of great inequality. With information
feudalism similarly, redistribution of property rights involves a transfer of knowledge
assets from the intellectual commons into the private hands of media conglomerates
and integrated life sciences corporations.
  The analysis of different categories of intellectual property rights to illustrate the
monopoly of information holding makes the book an invaluable contribution to the
discourse on intellectual property rights. It resonates a theme that has preoccupied
scholars for over three decades delving into the role intellectual property rights play
in developing countries. This theme has been revisited with vigour from the 1990s
with the internationalization of intellectual property rights through the World Trade
Organization's Agreement on Trade Related Aspects of Intellectual Property Rights.
  While the book is an indictment of the system of rules governing intellectual
property rights, there is a ray of hope. The authors in Chapter XII note that it is
possible to democratize intellectual property rights to secure the common good
rather than advance the private ambitions to enrich the self. They outline hire certain
conditions that should guide that process:

(1) All relevant interests must be represented in the negotiation of the property
    rights.
(2) All involved in the negotiation must have full information about the consequences
    of various possible outcomes.
(3) One party must not coerce others.

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