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Disruptive Technologies and the Evolution of the Law EDUCAUSE Southeast Regional Conference Atlanta, Georgia June 19-21, 2006 Richard Keck Duane Morris LLP 404-253-6950 [email protected] Disruptive Technologies and the Evolution of the Law --Richard Keck.

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Disruptive Technologies and the Evolution of the Law

EDUCAUSE Southeast Regional Conference

Atlanta, Georgia

June 19-21, 2006

Richard Keck

Duane Morris LLP

404-253-6950

[email protected]


Some differences between classical and knowledge economies

Disruptive Technologies and the Evolution of the Law

--Richard Keck

SOME DIFFERENCES BETWEEN CLASSICAL AND KNOWLEDGE ECONOMIES


Disruptive Technologies and the Evolution of the Law

--Richard Keck

classical economies use scarce physical resources

--“the tragedy of the commons” leads to private property


Disruptive Technologies and the Evolution of the Law

--Richard Keck

knowledge economies use inexhaustible intellectual resources…this leads to the open source movement

fish and loaves


Thesis

Disruptive Technologies and the Evolution of the Law

--Richard Keck

THESIS

  • The law reflects relatively stable societal values

  • The law balances competing values based on a presumed technological equilibrium

  • Disruptive technologies can rapidly upset the balance

  • The law must adapt to restore balance


Examples

Disruptive Technologies and the Evolution of the Law

--Richard Keck

EXAMPLES

  • electronic records and signatures

  • online, free, electronically searchable public records

  • spam

  • peer-to-peer networking and file sharing

  • voice over Internet protocol

  • e-learning applications


Disruptive Technologies and the Evolution of the Law

EDUCAUSE Southeast Regional Conference

Atlanta, Georgia

June 19-21, 2006

Richard Keck

Duane Morris LLP

404-253-6950

[email protected]


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