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Analyzing the Production of the Law of Cyberspace
Unformatted Document Text:  6 universities can be innovative as result of the autonomy given to its researchers. Additionally, the historical emphasis of universities as places of knowledge creation for the public good has led to the wide dissemination, modification, and incorporation of their code. Universities have historically been places of learning and knowledge building within society. 16 Their role is to expand the frontiers of knowledge. This is an activity that private firms will under invest in, which therefore leads to public support of basic research. 17 Universities expand knowledge by creating it as well as by nurturing the development of knowledge by teaching future generations. 18 The resulting information benefits society by leading to more innovation and lowering the cost of development for new technologies. 19 This impact does not happen overnight, but is the result of the steady accumulation of knowledge across disciplines. The motivations for the development of code within a university are not primarily focused on economic gain. Instead, the motivation for researchers is to build a reputation in the scientific community. Reputation is derived from being the first to discover or develop new findings. 20 The assessment of new findings is done through peer recognition. 21 This leads researchers to aspire to have their work cited by others or have their new tool or technique C OMPUTER S CIENCE AND T ELECOMMUNICATIONS B OARD , N ATIONAL A CADEMY OF S CIENCES , F UNDING A R EVOLUTION : G OVERNMENT S UPPORT FOR C OMPUTING R ESEARCH (1999). 16 Philip E. Agre, Commodity and Community: Institutional Design for the Networked University, P LAN . FOR H IGHER E DUC ., Winter 2000, at 5 (noting two different visions of universities, one creating a pool of knowledge and the second creating human capital). 17 See Ammon J. Salter & Ben R. Martin, The Economic Benefits of Publicly Funded Basic Research: A Critical Review, 30 R ES . P OL ’ Y 509, 511 (2001). The tradition justification for this is the correction of market failure. Private firms will under invest in basic research because they cannot solely capture the benefits of basic research. This calls for government funding for basic research. 18 Richard Florida, The Role of the University: Leveraging Talent, Not Technology, I SSUES S CI . & T ECH ., Summer 1999 (arguing that the university’s role is not only to produce technology but also to produce talent). 19 Richard R. Nelson, The Simple Economics of Basic Scientific Research, 67 J. P OL . E CON . 297 (1959). 20 Partha Dasgupta & Paul A. David, Toward a New Economics of Science, 23 R ES . P OL ' Y 487, 499 (1994) (noting that "unlike tennis tournaments science does not pay big rewards to runners-up"). 21 See Mats Benner & Ulf Sandstrom, Institutionalizing the Triple Helix: Research Funding and Norms in the Academic System, 29 R ES . P OL ' Y 291 (2000).

Authors: Shah, Rajiv. and Kesan, Jay.
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6
universities can be innovative as result of the autonomy given to its researchers. Additionally,
the historical emphasis of universities as places of knowledge creation for the public good has
led to the wide dissemination, modification, and incorporation of their code.
Universities have historically been places of learning and knowledge building within
society.
16
Their role is to expand the frontiers of knowledge. This is an activity that private
firms will under invest in, which therefore leads to public support of basic research.
17
Universities expand knowledge by creating it as well as by nurturing the development of
knowledge by teaching future generations.
18
The resulting information benefits society by
leading to more innovation and lowering the cost of development for new technologies.
19
This
impact does not happen overnight, but is the result of the steady accumulation of knowledge
across disciplines.
The motivations for the development of code within a university are not primarily
focused on economic gain. Instead, the motivation for researchers is to build a reputation in the
scientific community. Reputation is derived from being the first to discover or develop new
findings.
20
The assessment of new findings is done through peer recognition.
21
This leads
researchers to aspire to have their work cited by others or have their new tool or technique
C
OMPUTER
S
CIENCE AND
T
ELECOMMUNICATIONS
B
OARD
, N
ATIONAL
A
CADEMY OF
S
CIENCES
, F
UNDING A
R
EVOLUTION
: G
OVERNMENT
S
UPPORT FOR
C
OMPUTING
R
ESEARCH
(1999).
16
Philip E. Agre, Commodity and Community: Institutional Design for the Networked University, P
LAN
.
FOR
H
IGHER
E
DUC
., Winter 2000, at 5 (noting two different visions of universities, one creating a pool of knowledge and
the second creating human capital).
17
See Ammon J. Salter & Ben R. Martin, The Economic Benefits of Publicly Funded Basic Research: A Critical
Review, 30 R
ES
. P
OL
Y
509, 511 (2001). The tradition justification for this is the correction of market failure.
Private firms will under invest in basic research because they cannot solely capture the benefits of basic research.
This calls for government funding for basic research.
18
Richard Florida, The Role of the University: Leveraging Talent, Not Technology, I
SSUES
S
CI
. & T
ECH
., Summer
1999 (arguing that the university’s role is not only to produce technology but also to produce talent).
19
Richard R. Nelson, The Simple Economics of Basic Scientific Research, 67 J. P
OL
. E
CON
. 297 (1959).
20
Partha Dasgupta & Paul A. David, Toward a New Economics of Science, 23 R
ES
. P
OL
'
Y
487, 499 (1994) (noting
that "unlike tennis tournaments science does not pay big rewards to runners-up").
21
See Mats Benner & Ulf Sandstrom, Institutionalizing the Triple Helix: Research Funding and Norms in the
Academic System, 29 R
ES
. P
OL
'
Y
291 (2000).


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