Thursday, April 15, 2010

Nothing Much New Under the Sun

Burk's Intellectual Property in the Context of E-Science in the context of international discourse is straight out of Civ Pro and conflicts of laws classes. When discussing the complexities of scientific data-sharing between nations, he recites the daily business of the average rock band manager, who handles conflicts of laws in the hallways of the world's finest music venues. What's protected in Denmark? The name of the band or the recording of their music that night? The name of the song or the first 18 bars? Does it differ if they play a late show in Holland? Yes it does: and the clash of the aspirational/pragmatic is similar as well.
The visage of Metallica running toward the dais to accept their Grammy AND spout economic truisms to drugged audience members in chains and sparkles reminds me of Burk touting the "communalism and reputational" aspects of the genome project: not titans, in this case, but a new world Clash of the Incentives.
Burk's recitation of Merton's theories are akin to Aesop's fables, his reference to the potential "deviancy" where "normative constraints" are missing is the big bad wolf.
What I learned from Burk is what I learned from Judge Bork: the constitution is flexible, our treaties change with each year, and our laws adjust, making the commerce clause as applicable to the pony express as a bullet train.

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