"[...] At the University of Hamburg's Centre for Globalization and Governance a team of social scientists is conducting a research project about conflicts around intellectual property rights. More specifically we are interested in the two EU directives on measures and procedures to ensure the enforcement of intellectual property rights (IPRED 1) and on the patentability of computer-implemented inventions (CII Directive/Software Patents). You'll find more information about the research project on our website at:
Our study aims to explain why in the first case the decision making process followed the dominant maximalist rights culture, while in the second case arguments of the proponents of alternative regulatory modes have been heard. We assume, that one reason for these differences might be found in different actor constellations. Thus, our research focuses on actor networks and we need to know as much as possible about the interactions among the actors involved in these conflicts.
To assess these interactions we have compiled, from our interviews and from some additional sources, a list of persons and organizations that were mentioned as having played a role in the two conflicts. This list is the core of our questionnaire, and we ask all actors involved to specify with whom on this list (and beyond it) they cooperated and from whom they received information in the course of one or both of the conflicts.
All data gathered with this questionnaire will be treated with utmost confidentiality and will only be used for the purpose of this academic research project. We will not disclose any personal information gathered within this research project to any third party.
Filling out the questionnaire will take about 20 minutes and would greatly help our research project.
The questionnaire can be found online at the following address:
A more general project description is available here. The project appears to be funded by the Fritz-Thyssen-Foundation.
My first thought was "Well, why shouldn't these scholars do some empirical research on conflicts around intellectual property rights?". But then I decided to have a brief look at the questionnaire and I got quite irritated. The main point of the entire questionnaire, question 5, reads:
"Please qualify the importance of the following actors and assess the extent and intensity of your interaction with them."
And, thereafter are listed:
23 Names of MEPs
44 Names of Associations / Companies / Lobbyists
6 Names of Persons in the EU Commission
Plenty of fill-in space is provided for naming other individuals or groups not originally included with the questionnaire. For each of these entities, the questionnaire asks the participant to specify:
whether he/she has received information regarding the failed CII Directive;
whether he/she was in loose co-operation regarding the failed CII Directive;
whether he/she was in close co-operation regarding the failed CII Directive;
whether he/she has received information regarding the IPRED1 Directive;
whether he/she was in loose co-operation regarding the IPRED1 Directive;
whether he/she was in close co-operation regarding the IPRED1 Directive.
Ok, the researchers have promised to keep all data confidential. But what they intend to do is nothing else than to create a full network graph showing the flow of information between the individuals and/or other entities of interest. As there are not only high-profile MEPs and EU Commissioners on the list (which perhaps, but only perhaps, might be in a position where they are expected to accept such intrusive studies) but also less well-known individuals (where questions might arise as to possible violations of their right to privacy), not to forget blank field for filling in any other names you like I wonder whether this research is a bit too much data-hungry.
And, I won't go into any further speculations about any hidden agenda possibly associated with this kind of research project.
[UPDATE 2007-02-26] Today I've got a phone call from Dr. Haunss. He was quite unhappy with my Blog post, in particular in view of the "hidden agenda" question (see above). After an amicable discussion on that matter, one important aspect emerged. When reading the call for participation and the questionnaire my thoughts had been: Why on earth do they go on such a minefield where the matter in question appears to be quite a long time away from becoming history? Yes, the IPRED1 and CII Directives do represent closed issues in a technical sense as IPRED1 had been rubberstamped by the EU bodies while the CII Draft Directive finally had failed. But the related debates go on and on; keywords are, for example, IPRED2 and EPLA. In my view, it had not been entirely implausible that the interest of various anti-patent campaigners in the final results of such an empirical study might be much larger than that of the pro-patent camp. My speculation had gone into a direction what if the entire research project might have been briefed by FFII activists.
However, Mr. Haunss argued that despite such undeniable obstacles as sketched in my posting they are eager to do the research now because of they fear that under the conditions of the Internet age in ten or twenty years many relevant documents and traces of this interesting and important political debate might have disappeared into thin air. Moreover, they had arranged interviews with some MEPs to get a baseline of facts from which to start the project. They see their own project as a piece of professionally conducted and independent empirical research where under some circumstances the analysis of social networks is generally deemed to be essential.
I am not a sociologist and I do not have any idea as to whether or not any attempts to empirically analyse social networks under conditions of a political battlefield can make any sense. Mr. Hauss' concerns regarding the risk of loss of important documents in the digital age is not entirely implausible. Time will tell us. Anyway, it never was my intention to discredit empirical research of that kind across-the-board.
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Dipl.-Phys. Axel H Horns is Patentanwalt (German Patent Attorney),
European Patent Attorney as well as European Trade Mark Attorney. In particular, he is Member of: