One core of the problem is illustrated simply enough. Those elements are in relative balance today, but may well be thrown out of balance by the transformations resulting from the information infrastructure. That technology has arrived in a world where our existing laws, policies, and practices around IP depend on a number of subtle, surprisingly complex, and at times conflicting elements of law, public policy, economics, and technology. It is a technology that can enormously improve access to information, yet can inhibit access in ways that were never before practical. It is at once a remarkably powerful medium for publishing and distributing information and the world’s largest reproduction facility, running unchecked in practice if not in statute. For intellectual property (IP) in particular, the information infrastructure promises more-more quantity, quality, access, and markets-while simultaneously imperiling the rewards of those who create and publish. The combination of technologies that make up the information infrastructure-information in digital form, computer networks, and the World Wide Web-has arrived accompanied by contradictory powers and promises. The information infrastructure threatens the delicate balance between sharing information and protecting intellectual property.
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