
Yochai Benkler (; born 1964) is an Israeli-American author and the Berkman Professor of Entrepreneurial Legal Studies at
Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
. He is also a faculty co-director of the
Berkman Klein Center for Internet & Society at
Harvard University. In academia he is best known for coining the term ''
commons-based peer production'' and his widely cited 2006 book ''
The Wealth of Networks.''
Biography
From 1984 to 1987, Benkler was a member and treasurer of the
Kibbutz
A kibbutz ( he, קִבּוּץ / , lit. "gathering, clustering"; plural: kibbutzim / ) is an intentional community in Israel that was traditionally based on agriculture. The first kibbutz, established in 1909, was Degania. Today, farming h ...
Shizafon
Neot Smadar ( he, נְאוֹת סְמָדַר, lit. ''Oasis of blossoming vines'') is a kibbutz in southern Israel. Located in the Arava Desert, it falls under the jurisdiction of Hevel Eilot Regional Council. Its area is 80 hectares. In it had ...
. He received his
LL.B. from
Tel-Aviv University in 1991 and
J.D. from
Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
in 1994. He worked at the law firm
Ropes & Gray from 1994 to 1995. He clerked for
U.S. Supreme Court Justice
Stephen G. Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and repl ...
from 1995 to 1996.
He was a professor at
New York University School of Law from 1996 to 2003, and visited at
Yale Law School 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
The Sunlight Foundation was an American 501(c)(3) nonpartisan, nonprofit organization that advocated for open government. The organization was founded in April 2006 with the goal of increasing transparency and accountability in the United States ...
. In 2011, his research led him to receive the $100,000
Ford Foundation Social Change Visionaries Award. He is also one of the 25 leading figures on the Information and Democracy Commission launched by
Reporters Without Borders
Reporters Without Borders (RWB; french: Reporters sans frontières; RSF) is an international non-profit and non-governmental organization with the stated aim of safeguarding the right to freedom of information. It describes its advocacy as found ...
.
Works
Benkler's research focuses on commons-based approaches to managing resources in networked environments. He coined the term ''
commons-based peer production'' to describe collaborative efforts based on sharing information, such as
free and open source software and
Wikipedia. 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'' examines the ways in which information technology permits extensive forms of collaboration that have potentially transformative consequences for economy and society.
Wikipedia,
Creative Commons
Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has release ...
,
Open Source Software and the
blogosphere are among the examples that Benkler draws upon. (''The Wealth of Networks'' is itself published under a
Creative Commons
Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has release ...
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'' 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 or
copyright 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 ''
Steal This Film'', which is available through
Creative Commons
Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has release ...
. 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, 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
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 higher le ...
'' 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 conference in
Haifa,
Israel. That same August, Benkler's latest book on social
cooperation
Cooperation (written as co-operation in British English) is the process of groups of organisms working or acting together for common, mutual, or some underlying benefit, as opposed to working in competition for selfish benefit. Many animal a ...
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
''FREESOULS: Captured and Released by Joi Ito'' is a book by Joi Ito featuring 296 photographic portraits of members of the free culture movement. The project began in 2007 as way for Ito to freely distribute, through a Creative Commons Attribu ...
book project, which discusses the human element in production and technology.
Awards
* 2006 –
Donald McGannon
Donald H. McGannon (September 9, 1920 – 1984) was a broadcasting industry executive during the formative years of the television industry in the United States. As chairman of the Westinghouse Broadcasting Company, McGannon was a devoted adv ...
Award for Social and Ethical Relevance in Communications Policy Research
* 2006 – ''Public Knowledge'' IP3 Award
* 2007 –
EFF Pioneer Award
* 2008 – The
American Sociological Association
The American Sociological Association (ASA) is a non-profit organization dedicated to advancing the discipline and profession of sociology. Founded in December 1905 as the American Sociological Society at Johns Hopkins University by a group of fif ...
Section on Communication and Information Technologies (CITASA) Book Award
* 2009 – Don K. Price Award
* 2011 –
Ford Foundation Visionaries Award
Twelve 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)
* Industrial information economy
Industrial information economy is a term coined by Harvard University Professor Yochai Benkler. Benkler discusses this term in-depth in his 2006 book '' The Wealth of Networks: How Social Production Transforms Markets and Freedom''.
Industrial in ...
* Carr–Benkler wager The Carr–Benkler wager between Yochai Benkler and Nicholas Carr concerned the question whether the most influential sites on the Internet will be peer-produced or price-incentivized systems.
History
The wager was proposed by Benkler in July 2 ...
References
External links
*
Official page
at Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
*
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''
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