Yochai Benkler
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Yochai Benkler (; born 1964) is an Israeli-American author and the Berkman Professor of Entrepreneurial Legal Studies at Harvard Law School. He is also a faculty co-director of the
Berkman Klein Center for Internet & Society The Berkman Klein Center for Internet & Society is a research center at Harvard University that focuses on the study of cyberspace. Founded at Harvard Law School, the center traditionally focused on internet-related legal issues. On May 15, 2008, ...
at
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...
. In academia he is best known for coining the term ''
commons-based peer production Commons-based peer production (CBPP) is a term coined by Harvard Law School professor Yochai Benkler. It describes a model of socio-economic production in which large numbers of people work cooperatively; usually over the Internet. Commons-based ...
'' and his widely cited 2006 book ''
The Wealth of Networks ''The Wealth of Networks: How Social Production Transforms Markets and Freedom'' is a book by Harvard Law School professor Yochai Benkler published by Yale University Press on April 3, 2006. The book has been recognized as one of the most influen ...
.''


Biography

From 1984 to 1987, Benkler was a member and treasurer of the Kibbutz Shizafon. He received his
LL.B. Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
from
Tel-Aviv University Tel Aviv University (TAU) ( he, אוּנִיבֶרְסִיטַת תֵּל אָבִיב, ''Universitat Tel Aviv'') is a public research university in Tel Aviv, Israel. With over 30,000 students, it is the largest university in the country. Loc ...
in 1991 and J.D. from Harvard Law School in 1994. He worked at the law firm
Ropes & Gray Ropes & Gray LLP is a global law firm with 13 offices located in the United States, Asia and Europe. The firm has more than 1,500 lawyers and professionals worldwide, and its clients include corporations and financial institutions, government agen ...
from 1994 to 1995. He clerked for
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
Justice Stephen G. Breyer from 1995 to 1996. He was a professor at
New York University School of Law New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in N ...
from 1996 to 2003, and visited at
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
and Harvard Law School (during 2002–2003), before joining the Yale Law School faculty in 2003. In 2007, Benkler joined Harvard Law School, where he teaches and is a faculty co-director of the Berkman Klein Center for Internet & Society. Benkler is on the advisory board of the Sunlight Foundation. In 2011, his research led him to receive the $100,000
Ford Foundation The Ford Foundation is an American private foundation with the stated goal of advancing human welfare. Created in 1936 by Edsel Ford and his father Henry Ford, it was originally funded by a US$25,000 gift from Edsel Ford. By 1947, after the death ...
Social Change Visionaries Award. He is also one of the 25 leading figures on the Information and Democracy Commission launched by Reporters Without Borders.


Works

Benkler's research focuses on commons-based approaches to managing resources in networked environments. He coined the term ''
commons-based peer production Commons-based peer production (CBPP) is a term coined by Harvard Law School professor Yochai Benkler. It describes a model of socio-economic production in which large numbers of people work cooperatively; usually over the Internet. Commons-based ...
'' to describe collaborative efforts based on sharing information, such as
free and open source software Free and open-source software (FOSS) is a term used to refer to groups of software consisting of both free software and open-source software where anyone is freely licensed to use, copy, study, and change the software in any way, and the source ...
and
Wikipedia Wikipedia is a multilingual free online encyclopedia written and maintained by a community of volunteers, known as Wikipedians, through open collaboration and using a wiki-based editing system. Wikipedia is the largest and most-read refer ...
. He also uses the term 'networked information economy' to describe a "system of production, distribution, and consumption of information goods characterized by decentralized individual action carried out through widely distributed, nonmarket means that do not depend on market strategies."


''The Wealth of Networks''

Benkler's 2006 book ''
The Wealth of Networks ''The Wealth of Networks: How Social Production Transforms Markets and Freedom'' is a book by Harvard Law School professor Yochai Benkler published by Yale University Press on April 3, 2006. The book has been recognized as one of the most influen ...
'' examines the ways in which information technology permits extensive forms of collaboration that have potentially transformative consequences for economy and society.
Wikipedia Wikipedia is a multilingual free online encyclopedia written and maintained by a community of volunteers, known as Wikipedians, through open collaboration and using a wiki-based editing system. Wikipedia is the largest and most-read refer ...
, Creative Commons,
Open Source Software Open-source software (OSS) is computer software that is released under a license in which the copyright holder grants users the rights to use, study, change, and distribute the software and its source code to anyone and for any purpose. Open ...
and the
blogosphere The blogosphere is made up of all blogs and their interconnections. The term implies that blogs exist together as a connected community (or as a collection of connected communities) or as a social networking service in which everyday authors can pu ...
are among the examples that Benkler draws upon. (''The Wealth of Networks'' is itself published under a Creative Commons license.) For example, Benkler argues that blogs and other modes of participatory communication can lead to "a more critical and self-reflective culture", where citizens are empowered by the ability to publicize their own opinions on a range of issues, which enables them to move from passive recipients of "received wisdom" to active participants. Much of ''
The Wealth of Networks ''The Wealth of Networks: How Social Production Transforms Markets and Freedom'' is a book by Harvard Law School professor Yochai Benkler published by Yale University Press on April 3, 2006. The book has been recognized as one of the most influen ...
'' is presented in economic terms, and Benkler raises the possibility that a culture in which information is shared freely could prove more economically efficient than one in which innovation is encumbered by
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
or
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
law, since the marginal cost of re-producing most information is effectively nothing.


''Network Propaganda''

Along with Robert Faris, Research Director of the Berkman Klein Center for Internet and Society at Harvard University, and Hal Roberts, a Fellow at the Berkman Klein Center for Internet & Society at Harvard University, Benkler co-authored the October 2018 '' Network Propaganda: Manipulation, Disinformation and Radicalization in American Politics''.


Contributions to industrial information economy

According to Benkler, the emergence of the networked information economy "has the potential to increase individual autonomy", which he means would provide individuals with a richer basis from which they can form critical judgement concerning how they should live their life. Benkler coined the term 'Jalt' as a contraction of jealousy and altruism, to describe the dynamic in commons-based peer production where some participants get paid while others do not, or "whether people get paid differentially for participating." The term was first introduced in his seminal paper "Coase's Penguin, or, Linux and the Nature of the Firm." It is described in more technical terms as "social-psychological component of the reward to support monetary appropriation by others or... where one agent is jealous of the rewards of another." Benkler appeared in the
documentary film A documentary film or documentary is a non-fictional motion-picture intended to "document reality, primarily for the purposes of instruction, education or maintaining a historical record". Bill Nichols has characterized the documentary in te ...
''
Steal This Film ''Steal This Film'' is a film series documenting the movement against intellectual property directed by Jamie King, produced by The League of Noble Peers and released via the BitTorrent peer-to-peer protocol. Two parts, and one special The ...
'', which is available through Creative Commons. He discussed various issues, including: ''how the changing cost structures in film and music production are enabling new stratums of society to create.'' Benkler is a strong proponent of
WikiLeaks WikiLeaks () is an international non-profit organisation that published news leaks and classified media provided by anonymous sources. Julian Assange, an Australian Internet activist, is generally described as its founder and director and ...
, characterizing it as a prime example of non-traditional media filling a public watchdog role left vacant by traditional news outlets. In a draft paper written for the '' Harvard Civil Rights-Civil Liberties Law Review'' in February 2011, he uses governmental vilification and prosecution of Wikileaks as a case study demonstrating the need for more robust legal protection for independent media. In August 2011, Benkler was a keynote speaker at the
Wikimania Wikimania is the Wikimedia movement's annual conference, organized by volunteers and hosted by the Wikimedia Foundation. Topics of presentations and discussions include Wikimedia projects such as Wikipedia, other wikis, open-source software, f ...
conference in
Haifa Haifa ( he, חֵיפָה ' ; ar, حَيْفَا ') is the third-largest city in Israel—after Jerusalem and Tel Aviv—with a population of in . The city of Haifa forms part of the Haifa metropolitan area, the third-most populous metropol ...
,
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
. That same August, Benkler's latest book on social cooperation online and off, titled ''The Penguin and the Leviathan: How Cooperation Triumphs over Self-Interest'', was published. Benkler discussed this book at a lecture given at Harvard on October 18, 2011. Benkler contributed the essay "Complexity and Humanity" to the Freesouls book project, which discusses the human element in production and technology.


Awards

* 2006 – Donald McGannon Award for Social and Ethical Relevance in Communications Policy Research * 2006 – ''Public Knowledge'' IP3 Award * 2007 –
EFF Pioneer Award The EFF Pioneer Award is an annual prize by the Electronic Frontier Foundation (EFF) for people who have made significant contributions to the empowerment of individuals in using computers. Until 1998 it was presented at a ceremony in Washington, ...
* 2008 – The American Sociological Association Section on Communication and Information Technologies (CITASA) Book Award * 2009 – Don K. Price Award * 2011 –
Ford Foundation The Ford Foundation is an American private foundation with the stated goal of advancing human welfare. Created in 1936 by Edsel Ford and his father Henry Ford, it was originally funded by a US$25,000 gift from Edsel Ford. By 1947, after the death ...
Visionaries AwardTwelve Social Change Visionaries Are Honored by the Ford Foundation
on fordfoundation.org


See also

*
List of law clerks of the Supreme Court of the United States (Seat 2) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Mo ...
* Industrial information economy * Carr–Benkler wager


References


External links

*
Official page
at Harvard Law School *
Interview with Benkler

Speaking at Pop!Tech 2005
* ** (TEDGlobal 2005)
The Penguin and The Leviathan: The Science and Practice of Cooperation
at The Santa Fe Institute 2010.
Wikipedia 1, Hobbes 0: Benkler's chair lecture at Harvard Law
as reported in the ''
Harvard Law Record The ''Harvard Law Record'' is an independent student-edited newspaper based at Harvard Law School. Founded in 1946, it is the oldest law school newspaper in the United States. Characteristics The ''Record'', a print and online publication, includ ...
''
From Consumers to Users: Shifting the Deeper Structures of Regulation. Toward Sustainable Commons and User Access
* {{DEFAULTSORT:Benkler, Yochai 1964 births Access to Knowledge activists American people of Israeli descent Jewish American academics Israeli Jews American legal scholars Copyright activists Copyright scholars Harvard Law School alumni Harvard Law School faculty New York University School of Law faculty Law clerks of the Supreme Court of the United States Living people Tel Aviv University alumni Creative Commons-licensed authors Wikimedians People from Givatayim 21st-century American Jews