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Books by Andres Guadamuz

The Internet as a global communications space is a self-organising entity that has proved to be p... more The Internet as a global communications space is a self-organising entity that has proved to be problematic for regulators. In this important new book, the author uses various analytical tools from network science to explore the subject of Internet regulation. Andres Guadamuz argues that in order to regulate cyberspace one must also understand how the network operates. He takes an in-depth look at the challenges posed by the Internet's inherent architectural characteristics of a complex dynamic network. In doing so, he considers complexity theory and its increasingly prominent role within a wide variety of disciplines.

Papers by Andres Guadamuz

This paper is a study into some of the regulatory implications of cryptocurrencies using the CAMP... more This paper is a study into some of the regulatory implications of cryptocurrencies using the CAMPO research framework (Context, Actors, Methods, Methods, Practice, Outcomes). We explain in CAMPO format why virtual currencies are of interest, how self-regulation has failed, and what useful lessons can be learned. We are hopeful that the full paper will produce useful and semi-permanent findings into the usefulness of virtual currencies in general, block chains as a means of mining currency, and the profundity of current ‘media darling’ currency Bitcoin as compared with the development of block chain generator Ethereum.
While virtual currencies can play a role in creating better trading conditions in virtual communities, despite the risks of non-sovereign issuance and therefore only regulation by code (Brown/Marsden 2013), the methodology used poses significant challenges to researching this ‘community’, if BitCoin can even be said to have created a single community, as opposed to enabling an alternate method of exchange for potentially all virtual community transactions. First, BitCoin users have transparency of ownership but anonymity in many transactions, necessary for libertarians or outright criminals in such illicit markets as #SilkRoad. Studying community dynamics is therefore made much more difficult than even such pseudonymous or avatar based communities as Habbo Hotel, World of Warcraft or SecondLife. The ethical implications of studying such communities raise similar problems as those of Tor, Anonymous, Lulzsec and other anonymous hacker communities. Second, the journalistic accounts of BitCoin markets are subject to sensationalism, hype and inaccuracy, even more so than in the earlier hype cycle for SecondLife, exacerbated by the first issue of anonymity. Third, the virtual currency area is subject to slowly emerging regulation by financial authorities and police forces, which appears to be driving much of the early adopter community ‘underground’. Thus, the community in 2016 may not bear much resemblance to that in 2012. Fourth, there has been relatively little academic empirical study of the community, or indeed of virtual currencies in general, until relatively recently. Fifth, the dynamism of the virtual currency environment in the face of the deepening mistrust of the financial system after the 2008 crisis is such that any research conclusions must by their nature be provisional and transient.
All these challenges, particularly the final three, also raise the motivation for research – an alternative financial system which is separated from the real-world sovereign and which can use code regulation with limited enforcement from offline policing, both returns the study to the libertarian self-regulated environment of early 1990s MUDs, and offers a tantalising prospect of a tool to evade the perils of ‘private profit, socialized risk’ which existing large financial institutions created in the 2008-12 disaster. The need for further research into virtual currencies based on blockchain mining, and for their usage by virtual communities, is thus pressing and should motivate researchers to solve the many problems in methodology for exploring such an environment.

International Journal of Law and Information Technology, 2004

Journal of Intellectual Property Law & Practice, 2007

Reviewing edited books is sometimes a difficult task, particularly when faced with interdisciplin... more Reviewing edited books is sometimes a difficult task, particularly when faced with interdisciplinary collections of articles. Intellectual Property Rights: Innovation, Governance and the Institutional Environment is such a book, and therefore a true analysis of its impact may elude this reviewer because of a lack of knowledge in some of the topics covered within the work. Nevertheless, even a non-specialist can recognize a good collection when he sees one. The book presents an impressive line-up of experts in the increasingly relevant ...

Journal of Intellectual Property Law & Practice, 2008

Reviewing a textbook such as Reed's and Angel's Computer Law is... more Reviewing a textbook such as Reed's and Angel's Computer Law is particularly challenging. The subject matter is broad and requires a practitioner or academic specialized in the subject to be able to assess the content properly. The book is also a proven brand, and its sixth outing serves as evidence that it continues to be a popular one. As a reviewer, one should keep in mind that one comes into a work that spans several editions, which may have an effect on the final result.

European Journal of Communication, 2012

Page 1. Technological D eterm inism in 'C ode' Technological D eterm inism in 'C ode' A ndrés G u... more Page 1. Technological D eterm inism in 'C ode' Technological D eterm inism in 'C ode' A ndrés G uadam uz A H R B R esearch C entre for Stud ies in IP and T echnology Law A ndrés G uadam uz A H R B R esearch C entre for Stud ies in IP and T echnology Law Page 2. Is C ode new ?

ABSTRACT. This paper considers the Dominican Republic-Central America Free Trade Agreement (DR-CA... more ABSTRACT. This paper considers the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) 1 and its impact on Information Technology (IT) based businesses. We summarize the factual background to, and contents of, the agreement, and then review those parts of the agreement (or omissions from the agreement) that are relevant to the IT field.

Resumen: Development, poverty and the means to assist countries to break away from the causes of ... more Resumen: Development, poverty and the means to assist countries to break away from the causes of poverty have become some of the most important subjects in the international trade arena. Of these causes, the technological gap between developed and developing nations presents a compelling call for some sort of action in order to alleviate the resource inequality. There are many examples that could illustrate that developing countries are being affected in some ways by the technological gap.

Abstract: This paper offers a first-look legal analysis of the draft version 3 of the GNU General... more Abstract: This paper offers a first-look legal analysis of the draft version 3 of the GNU General Public License, and will also look at the debate that it has generated in the Free and Open Source community. The paper will answer the following vital questions: Is the GPL v3 different in any fundamental way from GPL v2? What are the main differences? What will be the impact of the new GPL to the problem of software patents? Is there an incompatibility problem with previous versions of the licence?

The Internet as a global communications space is a self-organising entity that has proved to be p... more The Internet as a global communications space is a self-organising entity that has proved to be problematic for regulators. In this important new book, the author uses various analytical tools from network science to explore the subject of Internet regulation. Andres Guadamuz argues that in order to regulate cyberspace one must also understand how the network operates. He takes an in-depth look at the challenges posed by the Internet's inherent architectural characteristics of a complex dynamic network. In doing so, he considers complexity theory and its increasingly prominent role within a wide variety of disciplines.

This paper is a study into some of the regulatory implications of cryptocurrencies using the CAMP... more This paper is a study into some of the regulatory implications of cryptocurrencies using the CAMPO research framework (Context, Actors, Methods, Methods, Practice, Outcomes). We explain in CAMPO format why virtual currencies are of interest, how self-regulation has failed, and what useful lessons can be learned. We are hopeful that the full paper will produce useful and semi-permanent findings into the usefulness of virtual currencies in general, block chains as a means of mining currency, and the profundity of current ‘media darling’ currency Bitcoin as compared with the development of block chain generator Ethereum.
While virtual currencies can play a role in creating better trading conditions in virtual communities, despite the risks of non-sovereign issuance and therefore only regulation by code (Brown/Marsden 2013), the methodology used poses significant challenges to researching this ‘community’, if BitCoin can even be said to have created a single community, as opposed to enabling an alternate method of exchange for potentially all virtual community transactions. First, BitCoin users have transparency of ownership but anonymity in many transactions, necessary for libertarians or outright criminals in such illicit markets as #SilkRoad. Studying community dynamics is therefore made much more difficult than even such pseudonymous or avatar based communities as Habbo Hotel, World of Warcraft or SecondLife. The ethical implications of studying such communities raise similar problems as those of Tor, Anonymous, Lulzsec and other anonymous hacker communities. Second, the journalistic accounts of BitCoin markets are subject to sensationalism, hype and inaccuracy, even more so than in the earlier hype cycle for SecondLife, exacerbated by the first issue of anonymity. Third, the virtual currency area is subject to slowly emerging regulation by financial authorities and police forces, which appears to be driving much of the early adopter community ‘underground’. Thus, the community in 2016 may not bear much resemblance to that in 2012. Fourth, there has been relatively little academic empirical study of the community, or indeed of virtual currencies in general, until relatively recently. Fifth, the dynamism of the virtual currency environment in the face of the deepening mistrust of the financial system after the 2008 crisis is such that any research conclusions must by their nature be provisional and transient.
All these challenges, particularly the final three, also raise the motivation for research – an alternative financial system which is separated from the real-world sovereign and which can use code regulation with limited enforcement from offline policing, both returns the study to the libertarian self-regulated environment of early 1990s MUDs, and offers a tantalising prospect of a tool to evade the perils of ‘private profit, socialized risk’ which existing large financial institutions created in the 2008-12 disaster. The need for further research into virtual currencies based on blockchain mining, and for their usage by virtual communities, is thus pressing and should motivate researchers to solve the many problems in methodology for exploring such an environment.

International Journal of Law and Information Technology, 2004

Journal of Intellectual Property Law & Practice, 2007

Reviewing edited books is sometimes a difficult task, particularly when faced with interdisciplin... more Reviewing edited books is sometimes a difficult task, particularly when faced with interdisciplinary collections of articles. Intellectual Property Rights: Innovation, Governance and the Institutional Environment is such a book, and therefore a true analysis of its impact may elude this reviewer because of a lack of knowledge in some of the topics covered within the work. Nevertheless, even a non-specialist can recognize a good collection when he sees one. The book presents an impressive line-up of experts in the increasingly relevant ...

Journal of Intellectual Property Law & Practice, 2008

Reviewing a textbook such as Reed's and Angel's Computer Law is... more Reviewing a textbook such as Reed's and Angel's Computer Law is particularly challenging. The subject matter is broad and requires a practitioner or academic specialized in the subject to be able to assess the content properly. The book is also a proven brand, and its sixth outing serves as evidence that it continues to be a popular one. As a reviewer, one should keep in mind that one comes into a work that spans several editions, which may have an effect on the final result.

European Journal of Communication, 2012

Page 1. Technological D eterm inism in 'C ode' Technological D eterm inism in 'C ode' A ndrés G u... more Page 1. Technological D eterm inism in 'C ode' Technological D eterm inism in 'C ode' A ndrés G uadam uz A H R B R esearch C entre for Stud ies in IP and T echnology Law A ndrés G uadam uz A H R B R esearch C entre for Stud ies in IP and T echnology Law Page 2. Is C ode new ?

ABSTRACT. This paper considers the Dominican Republic-Central America Free Trade Agreement (DR-CA... more ABSTRACT. This paper considers the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) 1 and its impact on Information Technology (IT) based businesses. We summarize the factual background to, and contents of, the agreement, and then review those parts of the agreement (or omissions from the agreement) that are relevant to the IT field.

Resumen: Development, poverty and the means to assist countries to break away from the causes of ... more Resumen: Development, poverty and the means to assist countries to break away from the causes of poverty have become some of the most important subjects in the international trade arena. Of these causes, the technological gap between developed and developing nations presents a compelling call for some sort of action in order to alleviate the resource inequality. There are many examples that could illustrate that developing countries are being affected in some ways by the technological gap.

Abstract: This paper offers a first-look legal analysis of the draft version 3 of the GNU General... more Abstract: This paper offers a first-look legal analysis of the draft version 3 of the GNU General Public License, and will also look at the debate that it has generated in the Free and Open Source community. The paper will answer the following vital questions: Is the GPL v3 different in any fundamental way from GPL v2? What are the main differences? What will be the impact of the new GPL to the problem of software patents? Is there an incompatibility problem with previous versions of the licence?

Abstract–This paper will concentrate on presenting a legal analysis of two of the main challenges... more Abstract–This paper will concentrate on presenting a legal analysis of two of the main challenges to open source software: SCO's litigation and software patents. The paper discusses the validity of such challenges, their possible impact to the future of open source software, and the possible legal defences used against them.

ABSTRACT The paper looks at the legal nature of so-called open licensesagreements designed to pro... more ABSTRACT The paper looks at the legal nature of so-called open licensesagreements designed to provide permissions to users and publishers through" some rights reserved" clauses. The article starts with the assertion that copyright licenses are contracts in Civil Law jurisdictions, and looks at the opposing views and practice in Common Law jurisdictions.