Tax dispute resolution system in India and alternate dispute resolution
Networked Cultural Production and Online Dispute Resolution.
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Transcript of Networked Cultural Production and Online Dispute Resolution.
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