Networked Cultural Production and Online Dispute Resolution

• The spread of digital technologies transforms cultural production and cultural exchange. Many new frameworks are collaborative - based on end-users’ contributions.

Cultural Changes

• Collaboration is also reflected in the norms that govern cultural production :– Creative Commons.– GPL License. – “Notice Rules” and Safe-Harbors

Collaboration <changes> Norms

Procedural Reflections?

1. The way culture is produced2. The substantial laws that govern

cultural production

Is there a follow up in the procedural rules for ODR

Overall, the collaborative nature of cultural production and “sharing” norms,

is not reflected in dispute resolution between participants.

• Gnu GPL License: No reference to dispute resolution.

• Creative Commons: No reference to dispute resolution.

Examples

• Content governed by Copyleft GFDL license – no reference to dispute resolution.

• Disputes between contributors – – Informal Mediation.– Mediation Committee (mostly content related disputes).– Arbitration Committee (user conduct related disputes). – But these are all “top-down” mechanisms with no

“collaborative-participatory reflections”

Examples

• No reference to dispute resolution.• Through its proprietary control, YouTube

has the sole discretion to decide upon “removal” issues, and other disputes between users.

Examples

• Linden lab has the right – but not the obligation – to decide upon disputes between users if within the virtual community.

• Facebook has the right – but not the obligation – to decide upon disputes between users as for materials on the platform.

Examples

“We reserve the right, but have no obligation to monitor other users”

There is a gap between the collaborative nature of platforms –

and the manner in which disputes are resolved.

Two Questions Arise

• Proprietary platforms (e.g. YouTube, Facebook) want to preserve their control and avoid external interference

• Possible market failures – users’ lack of incentive to battle over ODR issues – especially with a “lock-in” element.– Facebook – recent developments ?

• CC & GPL – harder to explain. Founders should have been aware of courts’ limitations in this respect.

• Wikipedia – How should we decide upon the boundaries of “truth” ?

Why Has Such a Structure Evolved?

• Those involved in collaborative cultural production and “setting its rules” should pay more ex-ante attention to the issue of dispute resolution.

Looking Ahead

Thank You