This study is an investigation into water management policies in South Africa, their effect on water users and the perceptions users have of these policies. The investigation begins with an exposition of concepts such as water demand management (WDM), as well as integrated water resource management (IWRM). A sub-discourse of the main theme is the societal tendency to neglect its common property. Garret Hardin's groundbreaking observations on the "tragedy of the commons" (1968) are explored in an effort to locate issues of relevance in effective water management strategies. In contemplating the commons, it is evident that aspects of morality and ethics are involved. The morality of a society be it in a global or national context, seems to manifest itself in legislation and policies, and in the way these are implemented. The relevance of good governance, hydropolitics and sustainable development is also discussed to provide the necessary theoretical background to an understanding of the relationship between consumers and the water commons. Access to safe drinking water is protected in the Constitution of the Republic of South Africa Act, 108 of 1996. Flowing from the government's obligation to take reasonable legislative and other measures to achieve the progressive realisation of fundamental human rights stipulated in section 27(2) of the Constitution, the challenge since 1994 has been to provide access to water for all inhabitants and to manage the available water resources effectively. Furthermore, the objective of subsequent water legislation such as the National Water Act, 36 of 1998 and regulatory plans, like the National Water Resource Strategy has been to incorporate international trends in water governance. The Department of Water and Environmental Affairs (DWEA) divided South Africa into 19 regions, called water management areas (WMA). In this study, attention is focused on what constitutes a catchment and how a catchment management agency (CMA) governs its water resources. A description is provided of the functions of water user associations (WUAs) and how ththe Lower Orange Catchment Management Area is, for example, the blueprint from which stakeholders develop their goals. In this study, the water situation in the Lower Orange Water Management Area is under scrutiny. The focus is on the three main institutional components of water management (the Lower Orange catchment management, the Upington Islands Water User Association [UIWUA] and the //Khara Hais Local Municipality). The progress of the establishment of the Lower Orange Catchment Management Agency is outlined over a period of five years. Meanwhile, the Upington Islands Water User Association was developed and this has grown in stature. The work being done by these institutions is investigated by looking at grassroots effects, especially in respect of irrigation activities. The unique water management circumstances of the //Khara Hais Local Municipality are then investigated along with the plans outlined in their Integrated Development Plan {lOP) and their Water Services Development Plane Internal Strategic Perspective (ISP) of(WSDP). Because local irrigation operations consume most of the available surface water in the Lower Orange Water Management Area, irrigation farmers and their activities warrant closer attention. A historical overview is given of the development of irrigation in the region followed by an assessment of the role of two of the most prominent historical figures in Upington, Reverend Adriaan Schroder and Abraham "Holbors" September. Ultimately, however, the focus falls on the current state of irrigation in the area. It is possible to distinguish between the approach of large commercial farming operations and that of smaller irrigation farming units to irrigation. Specific attention is given to the perceptions of irrigation farmers as far as the policies and legislation pertaining to water issues is concerned. This study will hopefully provide the Department of Water and Environmental Affairs(DWEA), //Khara Hais Local Municipality and organised agriculture with some recommendations on efficient integrated water management strategies. It might well be of value to other municipalities who are experiencing similar problems. The aim has been to identify typical problems and potential disputes between water management institutions and relevant role-players. / Thesis (Ph.D. (Public Management and Administration))--North-West University, Vaal Triangle Campus, 2010.

This study is an investigation into water management policies in South Africa, their effect on water users and the perceptions users have of these policies. The investigation begins with an exposition of concepts such as water demand management (WDM), as well as integrated water resource management (IWRM). A sub-discourse of the main theme is the societal tendency to neglect its common property. Garret Hardin's groundbreaking observations on the "tragedy of the commons" (1968) are explored in an effort to locate issues of relevance in effective water management strategies. In contemplating the commons, it is evident that aspects of morality and ethics are involved. The morality of a society be it in a global or national context, seems to manifest itself in legislation and policies, and in the way these are implemented. The relevance of good governance, hydropolitics and sustainable development is also discussed to provide the necessary theoretical background to an understanding of the relationship between consumers and the water commons. Access to safe drinking water is protected in the Constitution of the Republic of South Africa Act, 108 of 1996. Flowing from the government's obligation to take reasonable legislative and other measures to achieve the progressive realisation of fundamental human rights stipulated in section 27(2) of the Constitution, the challenge since 1994 has been to provide access to water for all inhabitants and to manage the available water resources effectively. Furthermore, the objective of subsequent water legislation such as the National Water Act, 36 of 1998 and regulatory plans, like the National Water Resource Strategy has been to incorporate international trends in water governance. The Department of Water and Environmental Affairs (DWEA) divided South Africa into 19 regions, called water management areas (WMA). In this study, attention is focused on what constitutes a catchment and how a catchment management agency (CMA) governs its water resources. A description is provided of the functions of water user associations (WUAs) and how ththe Lower Orange Catchment Management Area is, for example, the blueprint from which stakeholders develop their goals. In this study, the water situation in the Lower Orange Water Management Area is under scrutiny. The focus is on the three main institutional components of water management (the Lower Orange catchment management, the Upington Islands Water User Association [UIWUA] and the //Khara Hais Local Municipality). The progress of the establishment of the Lower Orange Catchment Management Agency is outlined over a period of five years. Meanwhile, the Upington Islands Water User Association was developed and this has grown in stature. The work being done by these institutions is investigated by looking at grassroots effects, especially in respect of irrigation activities. The unique water management circumstances of the //Khara Hais Local Municipality are then investigated along with the plans outlined in their Integrated Development Plan {lOP) and their Water Services Development Plane Internal Strategic Perspective (ISP) of(WSDP). Because local irrigation operations consume most of the available surface water in the Lower Orange Water Management Area, irrigation farmers and their activities warrant closer attention. A historical overview is given of the development of irrigation in the region followed by an assessment of the role of two of the most prominent historical figures in Upington, Reverend Adriaan Schroder and Abraham "Holbors" September. Ultimately, however, the focus falls on the current state of irrigation in the area. It is possible to distinguish between the approach of large commercial farming operations and that of smaller irrigation farming units to irrigation. Specific attention is given to the perceptions of irrigation farmers as far as the policies and legislation pertaining to water issues is concerned. This study will hopefully provide the Department of Water and Environmental Affairs(DWEA), //Khara Hais Local Municipality and organised agriculture with some recommendations on efficient integrated water management strategies. It might well be of value to other municipalities who are experiencing similar problems. The aim has been to identify typical problems and potential disputes between water management institutions and relevant role-players. / Thesis (Ph.D. (Public Management and Administration))--North-West University, Vaal Triangle Campus, 2010.

Durant el període que va des de la mort de Carles II (1700) fins a la fi de la Guerra de Successió (1714), els tres comuns (Consell de Cent, Diputació del Catalunya i Braç Militar), assoliren un paper fonamental en la defensa de les Constitucions davant les transgressions dels monarques. La seva actuació, però, va estar dirigida per una institució de recent creació: la Conferència dels Comuns. La present tesi doctoral estudia aquesta institució, que va esdevenir decisiva en el tombant del segle XVII i ajuda a entendre per què els catalans es decantaren a favor de Carles III, l'arxiduc, durant el conflicte successori. Però la Conferència dels Tres Comuns va ser rellevant també per la seva significació dins el context de les institucions representatives: va afavorir l'actuació mancomunada dels comuns a la vegada que va facilitar l'accés dels nous sectors mercantils en la presa de decisions polítiques. / Durante el periodo que va desde la muerte de Carlos II (1700) hasta el fin de la Guerra de Sucesión (1714), los tres comunes (Consejo de Ciento, Diputación del General y Brazo Militar), adquirieron un papel fundamental en la defensa de las Constituciones ante las transgresiones de los monarcas. Su actuación, sin embargo, estuvo dirigida por una institución de reciente creación: la Conferencia de los Comunes. La presente tesis doctoral estudia esta institución, que fue decisiva en el cambio del siglo XVII y ayuda a entender por qué los catalanes apoyaron a Carlos III, el archiduque, durante el conflicto sucesorio. Pero la Conferencia también fue relevante por su significación dentro del contexto de las instituciones representativas: favoreció la acción mancomunada de los comunes a la vez que facilitó el acceso de los nuevos sectores mercantiles en la toma de decisiones políticas. / During the period that goes from the death of Charles II (1700) to the end the of Succession War (1714), the three commons (Consell de Cent, Deputation of Catalonia and Military Arm), acquired a very important role in the defense of the Constitutions when kings tried to beak them. However, the actions of three commons were guided by a new institution: the Conference of Commons. This doctoral thesis studies this institution, which was decisive during these years, and helps us to understand why Catalans supported to Charles III, the archduke. Conference of Commons was also important because of its meaning in the context of representative institutions: it did well for the unity of action of the commons, and, at the same time, it permits the access of the new mercantile sectors to the groups with political power.

L’emploi largement répandu des licences Creative Commons, en vue de partager des oeuvres non logicielles, justifie le choix de leur consacrer une étude, afin d’apprécier leur rapprochement actuel au régime légale de la propriété littéraire et artistique et afin d’envisager de conciliations prospectives. L’étude relève la singularité de Creative Commons en tant que système de gestion des droits d’auteur ; ce dernier, composé d’une série de licences, est guidé par une association de promotion du partage d’oeuvres et mu par une idéologie fondée sur l’autonomie de la volonté des auteurs. L’hypothèse de notre étude repose sur la variété constatée des libertés accordées par les licences. Ces dernières se transforment en une série d’outils standardisés qui s’imposent progressivement comme une norme pour la jouissance partagée d’oeuvres – tout en se fondant sur les règles du droit d’auteur. En même temps, l’étude des conséquences de la mise en oeuvre de chaque licence illustre la création d’asymétries entre les acteurs du partage. Notamment, si la distinction entre utilisation commerciale et non commerciale – introduite par les licences – constitue un outil deconciliation du régime propriétaire avec celui du partage créatif, l’utilisation de la notion ambiguë d'utilisation non commerciale influence le sort des licences et complique le processus évolutif des oeuvres partagées. L’affinement de la variété des licences conduit l’étude à s’atteler à l’examen des mécanismes prospectifs afin d’aboutir à une coordination des licences avec le droit d’auteur qui serait fondée sur le principe fondateur de Creative Commons, à savoir l’essai de rééquilibrage des intérêts impliqués au droit d’auteur. / The widespread use of the Creative Commons licenses for the sharing of non-software works demonstrates the imperative to devote a study to the licenses in question. The goal of the study is to assess the current links of the licenses to the legal regime of intellectual property in order to suggest prospective ones. The study underlines the singularity of Creative Commons as a copyright management system, which consists of a series of licenses and is guided by an association promoting the sharing of works and by an ideology based on the autonomy of the authors. The premise of the thesis is founded on the variety of freedoms granted by the licenses. The licenses transform into a series of standardized tools that are gradually imposed as a standard for the sharing of works while relying on the rules of copyright. At the same time, the analysis of the consequences of the implementation of each license demonstrates the asymmetries created between the agents involved in the sharing process. In particular, our study shows that although the distinction between commercial and non commercial introduced by the licenses acts as a conciliation tool between the proprietary regime and that of the creative sharing, the introduction of an ambiguous concept - that of non-commercial use - influences the fate of licenses and complicates the evolutionary process of shared works. One way to resolve this tension proposed by our thesis is to review prospective mechanisms that would achieve a level of coordination between the licenses and copyright based on the founding principle of Creative Commons, which is the rebalancing of the interests involved in copyright.

Recentemente estudiosos como Benkler, Lessig, Boyle, Hess e Ostrom retomaram o uso do conceito de commons, mas agora relacionado à informação em geral ou à informação científica. Nesse trabalho, nós lançamos mão desse termo para destacar o caráter cooperativo da pesquisa científica, a importância da transparência e neutralidade no acesso ao commons da Ciência e a natureza anti-rival da informação científica. O conceito de commons nos é muito útil para focar todo o conjunto dos artigos científicos já publicados, quer estejam na forma impressa ou na digital. Ainda permite um estudo através de prismas multidisciplinares e, finalmente, enfatiza a dinâmica das comunidades científicos como um todo. Em qualquer commons de informação, quanto maior a distribuição do conhecimento, mais dinâmico e eficiente é o processo de evolução do conhecimento. A tecnologia da imprensa tem desempenhado um papel fundamental na divulgação de informação e o seu surgimento marcou uma revolução no conhecimento e na cultura da nossa civilização. A tecnologia digital tem se mostrado mais eficiente ainda, uma vez que a natureza da sua implementação em bits se aproxima mais da natureza anti-rival das idéias do que qualquer outra tecnologia hoje empregada para preservação e distribuição de informação. Em nosso estudo, constatamos que o commons da Ciência pode ser enormemente enriquecido através de práticas cooperativas e de acesso aberto na publicação da academia. Percebemos também que o uso da tecnologia digital no commons científico, especialmente na publicação dos resultados da pesquisa, aumenta grandemente a distribuição do conhecimento acadêmico, suas oportunidades de escrutínio e validação, a dinâmica de amadurecimento das idéias científicas e, conseqüentemente, pode tornar o desenvolvimento da Ciência mais veloz e eficiente. No entanto, o meio digital tem sido utilizado tanto para criar um ambiente de livre circulação de idéias quanto para controlá-las. Por um lado, código computacional tem sido implementado para garantir o acesso apenas aos que pagam pelos altos preços das revistas científicas. Por outro lado, a publicação de revistas on-line de acesso aberto e outras formas alternativas de disseminação de conteúdo científico têm se proliferado. Ainda, o decrescente orçamento das bibliotecas, o crescente preço das assinaturas de revistas científicas e as crescentes restrições aplicadas pelas leis de propriedade intelectual têm minado a natureza livre das idéias científicas e colocado a Comunicação Científica numa crise. Estamos no meio de uma transição de paradigmas quanto à publicação dos resultados de pesquisa científica, onde aspectos legais, tecnológicos e sócio-econômicos estão em renegociação. À luz das oportunidades da tecnologia digital e da publicação em acesso aberto, as formas de disseminação dos resultados da pesquisa científica presentemente estabelecidas tem sido repensadas. Inserimos essa análise num contexto maior, o paradigma da Comunicação Científica. Isso nos auxilia a fazer um estudo mais abrangente das complexas questões envolvendo nosso tema, analisando os aspectos tecnológicos, legais e sócio-econômicos de uma possível transição para o modelo de publicação de acesso aberto. Tão grandes são as oportunidades desse novo modelo que ele tem agregado em torno de si iniciativas sócio-acadêmicas conhecidas por Movimento de Acesso Aberto à literatura científica. Atualmente, há muitos testes e modelos de publicação dessa literatura. Em especial, nesse trabalho focamos o modelo de acesso aberto aos resultados científicos, suas vantagens, as dificuldades para seu estabelecimento e como ele tem se desenvolvido. Analisamos a viabilidade de criação de um ecossistema de bibliotecas digitais de acesso aberto, especializadas em cada ramo da Ciência. Nossos modelos de partida baseiam-se em alguns aspectos de serviços como arXiv, CiteSeer e Google Scholar. Entre as muitas conclusões desse estudo, constatamos que bibliotecas desse tipo aumentam sobremaneira a dinâmica de circulação, geração, transformação e renovação do conhecimento científico. Assim, o processo de produção de recursos no commons científico pode se tornar muito mais eficiente. / Recent studies done by Benkler, Lessig, Boyle, Hess and Ostrom look at the concept of commons again however, this time in relation to information in general more specifically to scientific information. In this study, we focused on the cooperative character of scientific research, the importance of transparency and neutrality to access the scientific commons. The concept of commons is highly useful to focus on every scientific article that has already been published in print or digitally. This allows studies through several multidisciplines and finally emphasizes the dynamic of scientific communities around the world. In each commons of information, the higher the distribution of knowledge, the more dynamic and efficient the process of the evolution of this information. Technology of the press has been key in the divulging of information and its expansion marked a revolution in knowledge and culture in our civilization. Digital technology has shown more efficiency. Its implementation into bits is closer to the non-rival nature of the ideas than other technologies used to preserve it and used to distribute information. In our work, we realized that the science of commons should be enriched through cooperative practices and open access to scientific results. We also realized that digital technology in scientific commons improves distribution of scholarly knowledge and the dynamic evolution of scientific ideas so the science development should be even more efficient and faster. The digital revolution has been used to create a free environment of circulation of ideas and it has also been used to control certain things. On one side, computational code has been implemented to allow access just for people who pay for the service. On the other hand, online journals publishing and other alternative forms of disseminating scientific knowledge have been proliferated. The decreasing budget of libraries, the increasing cost of journal subscriptions and the increasing restrictions applied by intellectual property has enclosed the free nature of scientific ideas and it has put Scholarly Communication into a crisis. We are in the middle of a transitional phase, where legal, technological, social and economic aspects of scientific publishing have being renegotiated. We inserted our analyses in a larger context, the Scholarly Communication paradigm. This supports a larger study about the complex questions of our subject, analyzing the technological, legal, social and economic aspects of a possible transition to the open access publishing model. This new publishing model is so interesting that some initiatives have started social movements pertaining to it. Nowadays, there are many tests and publishing models especially in this line of work. We focused on the open access model in scientific results, its advantages, the difficulties of its establishment and how it has been developed. Finally, we propose that the creation of an open access digital libraries ecosystem specialized in every scientific field. Our staring models are services such as: arXiv, CiteSeer and Google Scholar. Among our conclusions, we have realized that following this models stated above, digital libraries can enhance the dynamic of circulation, generation, transformation and renovation of the scientific knowledge.

Until recently, there have been different and sometimes conflicting views on whether or not the communal land tenure system (CLTS) has a positive or negative impact on rural economic welfare. This study analyses some trends associated with the CLTS in the Ditsobotla area of the NorthWest province, focusing on the implications for rural economic welfare. The results of the study suggest that the CLTS is extremely important in order to sustain the rural economy, and therefore this dissertation presents developmental, policy and research options for consideration by government and other affected stakeholders for the betterment of the livelihood of people in the Ditsobotla area. The study adopts participatory research techniques in the selected villages of Springbokpan and Mooifontein. It also reflects on land tenure experiences in other African countries. The dissertation concludes with a suggestion that the South African government should engage in in-depth research programmes prior to the implementation of the envisaged communal land tenure reform legislation and that, the state should secure sufficient funding to boost agricultural activities in the area. Taking all these factors into account, a view is held that all developmental endeavours in the area must be informed by the collective participation of the affected local people, and their efforts must be united for the enhancement of their livelihood. / Development Studies / M.A. (Development Studies)

What happens when resources get valuable and scarce? How is Intellectual Property dealing with market failures related to sub-patentable innovation or purely traditional knowledge with interesting applications? The protection of traditional knowledge and genetic resources (TKGR) has been one of the major modern challenges in international IP law. The entry into force of the Convention on Biological Diversity (CBD) and its implementation in national legislation has created more questions than the ones it answered. The objective of this dissertation is to assist in the evaluation of current national and regional implementation initiatives as well in the presentation and evaluation of different forms of entitlements that could be applicable in the case of TKGR. The dissertation has employed a theoretical framework for this evaluation, by combining the Coase Theorem and Rawls' theory of justice. The choice of these two theoretical models is not a random one. In order for the entitlement covering TKGR to be successful, it has to be efficient. It has to offer a stable and efficient marketplace where access to TKGR is possible without unnecessary frictions. However, efficiency could not be the only objective.  An entitlement focusing solely on efficiency would fall short of the needs and special considerations of TKGR trade. It would above all be counter to the objectives and major principles of the CBD, the “fair and equitable sharing of the benefits” and would certainly fail to address the very important North-South perspective.  Fairness is thus a necessary complement to the efficiency of the proposed entitlement. This dissertation proposes a thorough investigation of the special characteristics, of right-holders, subject-matter, market place as well as of the general expectations that an entitlement is supposed to fulfill. In parallel to that, it  looks into the meaning and scope of alternative entitlements in order to be able to propose the best alternative.

Thesis (MAgric (Agricultural Economics))—University of Stellenbosch, 2006. / The natural resources mainly land, forests, and grazing lands in the Highlands ago-ecological zone of Eritrea are in a severely degraded state. And much of these common pool resources comprise commons i.e. they are managed under the common property rights management regimes. “The tragedy of the commons”, model suggests that all commons will inexorably suffer overexploitation and degradation. Contrary to this deterministic proposition, however, common property theory argues that the ‘tragedy’ is not due to inherent flaws in the common property rights management regimes, but because of institutional failure to control access to resources, and to make and enforce internal decisions for collective use. If the commons dilemma situation exists- i.e. ‘tragedy’, then the underlying problem is the degeneration of the existing common property rights resource management regime into open-access-like regime—a condition that can potentially trigger “the tragedy of the commons”. The question of how to deal with the problem of the commons is, therefore, primarily an issue of the existence of efficient institutions. The prevailing severe degradation of the common-pool resources in the Highlands of the country thus calls into question the robustness of the common property rights regimes that are in place for the governance of these resources. This thesis attempts to address this important problem specifically in relation to forest and grazing land common pool resources. A case study based on a single-case qualitative and exploratory-explanatory research design was carried out in a village located in the Highlands of the country. Data were collected through various forms of interviews (semi-structured interviews, in-depth interviews, key informants interviews, group discussions, and informal conversational interviews), direct observation, and document review. The data, gathered largely through using these separate lines of enquiry, were crosschecked to provide a triangulation of methods and to strengthen the validity and reliability of the data. The empirical findings reveal that existing common property rights management regimes for the management of the local common pool resources of the case study area have weakened over time. These findings indicate that, there is a significant incongruence between appropriation and provision rules. And this is manifested in terms of appropriation externalities and demand side and supply side provision externalities. This situation implies that existing local institutional arrangements i.e. common property rights management regimes in the case study area are not sufficiently robust to solve common pool resource appropriation and provision externalities. Though generalisation cannot be made beyond the case that was studied, there are several lessons that may be drawn from this field analysis, which may have valid implications for the natural resources management challenges and opportunities of the entire Highlands agoecological zone of the country.

隨著科技的進展，產生了許多新興的創作媒介與方式，使得終端的網路使用者不再甘於僅做為主流媒體所提供內容之接收者，也想進一步地成為內容的提供者，網路上混搭創作的興盛正是在此種潮流趨勢下的一種社會文化現象。網路混搭創作可依其創作內容之不同而區分為三種：網路混搭、影片混搭與音樂混搭；但其創作之方式都有一個共同的特徵：將不同來源之資訊、素材，經由混搭創作者發揮創意後，以嶄新面貌而呈現之作品。著作權制度之目的乃在促進人類智識文化之進展與累積，因此對於新興之網路創作也應賦予一定之保護，才能真正發揮著作權制度之功能。然而，現行著作權制度制定時並未充分考量到數位時代下各種創作方式與媒介之特性，所以並無法提供此類創作適當之保護。為了社會文化之發展，現行的著作權制度有其修正之必要，讓負責平衡公私益之合理使用原則能夠發揮其功能，而不再僅具有象徵性之意義，而是能更實際地落實保護之功能。此外，在現行著作權制度尚未修正前，本文也嘗試提出兩個體制內解決之方法：創作共用以及創新之商業模式。透過創作共用可以讓目前的著作權制度更有彈性；創新的商業模式則能讓所有著作權關係人能夠互利共生，更有助於問題之實際解決。 / This thesis aims to study on copyrights concerning the mashups on blogs. The technology evolution brings about new media and new mode for creation and the end-users can both be the information recipients and providers. Mashups become one of the frequently adopted modes among the internet creation and the copyright of mashups call for a closer study. The main idea of mashups is to mash and recombine materials taken from different sources with the creator’s own creativity. Mashups are regarded as a creation, which requires legal protection. However, the protections for mashups and their creators in current laws are still incomplete and needed to be amended for a better environment for creators. Beside the amendment of copyright laws, other solutions are as well available, such as Creative Commons and new business models. Creative Commons provides authors with some licensing clauses, which helps to create a more flexible creative environment. On the other hand, a good business model could transform legal issues into a commercial opportunity and provide the best solution for all parties related. The first chapter of this thesis will outline the main purpose and possible contribution of this thesis. The second chapter will introduce the blogs. The introduction will begin with the streaming technology and concerning legal issues. Streaming technology is a crucial factor in the developments and the functions of blogs. Further on, the thesis will elaborates the history and future trend of blogs. In the third section of the chapter, some main copyright issues of blogs will be brought into discussion. The third chapter is the introduction of audio-visual mashups on blogs. The discussion begins with website mashup technology and the types of mashups. Remix Culture plays an important role in the development of mashups and its connection between audio-visual mashups on blogs will be elaborated. The chapter will also include some copyright issues of audio-visual mashups on blogs and a detailed discussion on the fair use doctrine of the current copyright law. The fourth chapter will focus on the Creative Commons and new business models, which should be an alternative solution beside the law amendments. The discussion will involve with an introduction about Creative Commons. The ccMixter and Jamendo can be taken as two examples of combination of Creative Commons and audio-visual mashups. The chapter will as well include some latest digital music business models and suggestions for future mashup business models. This thesis indicates the deficiency of current copyright laws concerning the protection of mashups and calls for attentions to the necessity of law amendments. In addition, the thesis propose two alternative solutions for the copyright dilemma: the Creative Commons and new business models, through which the mashups problems can hopefully dealt with in a more practical way.

After the initial excitement about the Internet as a space outside of governmental control has evaporated and courts in several states have applied national laws to ‘Cyberspace’, there is now a consensus among scholars that regulators have in principle the authority and capacity to regulate the Internet. Nevertheless, the application of the established tools of regulation - legislation and adjudication - to the current challenges to copyright regulation posed by the Internet has proven to be ineffective and produced undesirable side effects. Although market self-regulation has been suggested as a more efficacious approach to regulating the Internet and has proven effective in content regulation and Internet governance, the market has so far been unsuccessful in providing an effective and efficient remedy to the challenges to copyright regulation. The purpose of this thesis is to examine a novel approach to regulation and analyse its benefits and limitations. The novel approach defies the conceptualisation as co- and self-regulation, but introduces the solution from outside the regulated environment through entrepreneurship and innovation, and relies on the forces of the market to become effective. In this thesis, I analyse the regulatory systems implemented by two private organisations, Noank Media and Creative Commons, in China’s reportedly ineffective copyright law environment and find that their market-based and innovative approach to regulation can be understood as a form of social entrepreneurship. Social enterprises have been claimed to deliver social goods more effectively and efficiently than governmental intervention, because they are said to rely on local knowledge, to be driven by the demand of the stakeholders, and to be focused on social value creation. Based on quantitative and qualitative fieldwork with Noank Media’s and Creative Common’s stakeholders in China I analyse to what extent these two enterprises managed to successfully leverage the assets of social entrepreneurship. I conclude that while the novel approach has demonstrated the potential to produce more effective and more efficient regulation, it does not automatically result in Better Regulation. Further efforts are required to ensure participation, transparency, and public accountability, and to avoid regulatory fragmentation.