Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation

While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding the wider roles and effects of social media on negotiation. Through a series of detailed case studies, we explore how social media can drive important negotiations either off the rails or toward beneficial outcomes—and how savvy practitioners can harness this often‐neglected factor to their advantage, or else find themselves outmaneuvered by more digitally sophisticated parties. Applying the lens of the “3D negotiation” approach developed by Lax and Sebenius, we describe a number of potentially decisive roles that social media can play to enhance actions by negotiators “at the table,” with respect to deal design, and “away from the table.” In this 3D context, we show how social media can help negotiators learn about their counterparts (interests, perceptions, relationships, and networks), directly and indirectly influence the parties, mobilize supporters, and neutralize potential opponents. We show that being proactive—both in cultivating digital influence or allies and in building resilience to threats across online information ecosystems—can provide critical advantages for negotiators navigating a hyperconnected world. We develop a preliminary framework to help identify the full range of platforms, tools, and methodologies appropriate for the use of social media in negotiations, including network mapping software and open‐source intelligence techniques. Throughout our analysis, we stress the importance of ethical and privacy considerations.     

Plagiarism, Academic Norms and the Governance of the Profession

Few would dissent from the view that plagiarism is an academic crime of the worst sort. Attention to the issue has been heightened recently by the growth of websites supplying 'off the peg' or customised research papers. This article argues that the definition and detection of plagiarism involves several complexities and that the resolution of the problem depends less on the development of coercive instruments to deal with the 'crime' than on the development of norms that emerge through reflective pedagogy and processes of academic socialisation.     

Regulation and brand value

Legal context. IP rights are dependent on the public policyconsiderations which provide the justification for their granting.However, when regulation impacts on the exercise of IP rights,there is often a clash of public policy considerations. Key points. This article considers what happens when that clashoccurs, concluding that, in all cases, IP rights will be trumpedby the public policy considerations which underlie the regulation,often with no basis for claiming compensation notwithstandingthe obvious and very real economic impact on the rights owner.Unfortunately, the markets do not always take this risk intoaccount when valuing premium brand companies. Practical significance. This conclusion may have serious implicationsfor premium brand companies, especially in heavily regulatedfields like alcohol, food, pharmaceuticals, and tobacco.     

“De-skilling” the 1891 Censuses in New South Wales and Tasmania

The 1891 censuses taken in New South Wales and Tasmania abandoned the long-established practice of grouping working-class occupations into “skilled” and “unskilled” categories. Instead, they were grouped into “Industrial” categories that did not differentiate between grades or degrees of skill. In this paper the sudden disruption to the preceding practice is explained as an effect of the intersection of two histories: the changing meaning of skill, and the history of scientific method. The paper traces the transformations in meanings of skill from an “artisanal” to an “industrial” form and examines how the two central figures in the construction of the 1891 census — the statisticians T.A Coghlan and R.M Johnston — were enmeshed in that history. Coghlan is usually given the more prominent role in accounts of late nineteenth-century statistics, but in this case Johnston's expertise in using scientific method was instrumental in the “deskilling” of the census.     

The search engine's dilemma: implied licence to crawl and cache?

A German court rules that web publishers who choose not to usewidely available technical protection measures, such as therobot exclusion protocol (robot.txt), grant an implied licenceto search engines to crawl and cache for the purpose of indexingcontent on the internet.