Biobazaar: The Open Source Revolution and Biotechnology

The author of this book (JH) has used her professional background in both law and biology to produce a comprehensive, closely-reasoned work. Drawing on Eric Raymond's software development dichotomy of "The Cathedral and the Bazaar", she makes a passionate and intriguing case for replacing the hierarchical ("cathedral-building") style of usual corporate biotech R & D with collective, "bazaar"-based production (a/k/a "commons-based peer production" and "horizontally networked user innovation," @109), like that in open source software communities. It's clear that JH has thought through the pros, cons and implications of open source very thoroughly. In fact, quite apart from biotech, you can learn a lot about the business and legal aspects of open source software from this book. JH also makes many imaginative and potentially fruitful suggestions about how open source biotech tools could be exploited to help address tropical diseases, or be of use to (and perhaps be financed by) generic pharmaceutical firms, for example. Throeughtout, she pays attention not only to "red", health-related biotech, but also "green", agricultural biotech (albeit omitting "white" biotech, for industrial applications). That the successes of open source biotech to date have been few and far between, and have largely related to IT or digital content rather than to "wet" technology, does take some of the fizz out of the topic by the end of the book. But there's still a lot of interesting content buried here, and as for applying it, maybe someday someone might get it right. If you're interested in intellectual property, a book like this could be exciting and stimulating. Unfortunately, this book falls short of that. The reason is the presentation, which has weaknesses at several levels. Starting at the most literal one, the book reads like a re-purposed Ph.D. dissertation, full of roadmap talk for disoriented senior faculty ("At the start of the last chapter, I highlighted ... So far this chapter has focused on ... In answering these objections I have argued..." -- all in one paragraph @ 218). The chapter subsections are rather long, and tend to contain lists of factors, arguments, reasons, etc. that are analyzed in turn; these actually could have benefitted from more formatting, such as numbering or captioning. A bit deeper, there's the problem of jargon. The typical reader is assumed never to have negotiated a licensing deal in his or her life; deal terms and the sensitivities of each are explained nicely in the early chapters. However, he or she *is* assumed to be familiar with the usual jargon of the "law and economics" approach to IP; terms like "rents" and "transaction costs" are thrown around long before they are defined (if ever). Most proponents of L & E are too young to realize how recently this way of looking at law has come into vogue, and how irrelevant it is to the practical business world. Believe me, one can profitably spend decades doing IP transacti