Can Commons Thinking Break into the European Mainstream?

As Europeans struggle to deal with their multiple economic and political crises – and now, the unreliable support of the United States – it may be time to consider some serious ideas that go beyond the standard left/right framework and open up some new conversations.  That is the goal of a recent report, Supporting the Commons: Opportunities in the EU Policy Landscape,” released by the Berlin-based organization Commons Network. The report calls on EU politicians and policymakers to embrace the commons as a fresh approach to Europe’s deep structural problems and social alienation. (Executive Summary here.)

The prevailing EU neoliberal economic and social policies have a familiar, retrograde focus: Increase market growth at all costs, deregulate and privatize while reducing government spending, social protections and services. This approach is failing miserably and highly unpopular, especially in France, Italy, Spain and Greece. But politicians cannot seem to escape this box, and even where leftist reformers win state power, as with Syriza in Greece, international capital (in the guise of neoliberal politicians) overwhelm them. Even state sovereignty is not enough!

So how might the commons help instigate a new political discussion?  The Commons Network report makes clear that the challenge is not about policy tweaks. A new worldview is needed. A holistic systems perspective is needed.

The report opens with a fitting quotation by Donella Meadows, the great environmental scientist:

“Pretending that something doesn’t exist if it’s hard to quantify leads to faulty models. ... Human beings have been endowed with the ability to count but also with the ability to assess quality. … No one can define or measure justice, democracy, security, freedom, truth, or love. No one can define or measure any value. But if no one speaks up for them, if systems aren’t designed to produce them, if we don’t speak about them and point towards their presence or absence, they will cease to exist.”

Who is going to stand up for all the uncountable forces that make our lives liveable?  How can The System begin to take account of those things that can’t be tabulated on budget spreadsheets or aggregated into Gross Domestic Product?

Authors David Hammerstein and Sophie Bloemen write:   

“The current crisis facing the European Union demands new, unifying and constructive narratives.  The commons is an emerging paradigm in Europe – one that embraces reciprocity, stewardship, social and ecological sustainability. It is also a movement, one that can reinvigorate progressive politics and contribute to a more socially and ecologically sustainable Europe.

“….The commons perspective stands in stark contrast to the policy priorities that currently dominate in Europe,” they add, citing “individualism, private ownership and zealous free market-thinking” and the “major fault lines [that] are starting to appear in that dominant worldview….At the moment, almost all EU economic policy is focused on the promotion of purely commercial actors and the uni-dimensional view of people having the exclusively individual aims of selling, owning or buying goods or services. The dominant paradigm is rarely evaluated by applying clear indicators of social and ecological well-being to judge the success of an economic endeavour.”

It remains to be seen whether politicians will want to explore and develop a commons framing or try to re-imagine politics. The right has generally seen more advantage in striking an angry, reactionary pose against immigrants and elites, while the left generally sees few alternatives than to try to humanize the neoliberal agenda using old-style bureaucratic systems and more government money. 

However, there are some fascinating new attempts to develop a pan-European approach to democratic renewal, as seen in the DiEM 25 project and the European Commons Assembly, among other initiatives. The Commons Network report is an attempt to outline the logic, ethic and social practices of a new kinds of politics, with a focus on several promising policy areas such as participatory democracy, the urban environment and knowledge in the digital environment. 

Hammerstein and Bloemen:

“Commons…stand for a worldview and ethical perspective favouring stewardship, reciprocity and social and ecological sustainability. This outlook defines wellbeing and social wealth not in terms of narrow economic criteria like GDP or companies’ success. Instead it looks to a richer, more qualitative set of criteria that are not easily measured – including moral legitimacy, social consensus and participation, equity, resilience, social cohesion and social justice.

“The commons discourse considers people as actors who are deeply embedded in social relationships, communities and local ecosystems, instead of conceiving of society as merely a collection of atomised individuals principally living as consumers or entrepreneurs. Human motivation is more diverse than maximising self-interest alone: we are social beings and human cooperation and reciprocity are at least as important in driving our actions.  This holistic perspective also tends to overcome dominant subject-object dualisms between, for example, man and nature, and to consider human activity as part of the larger biophysical world. Recognising the multiple domains of people’s lives, these bottom-up, decentralised and participatory approaches to our major social and environmental dilemmas provide functional solutions to the crises facing our continent.

“…..New social values and practices are enabling communities to be generative instead of extractive, outside of the market and state. This is creating a new civic and cultural ethic that is breaking with conventional notions of citizenship and participation. The regeneration activities of commoners showcase, above all, cultural manifestations of new ways of daily life. Community supported agriculture, cooperative housing initiatives that ensure reasonable and lasting low rents, local energy cooperatives, do it yourself (DIY) initiatives, decentralised internet infrastructures, the scientific commons, community-based art, music and theatre initiatives, and many other activities, all provoke practical on-the-ground cultural change.”

There is a cultural shift going on at the ground level, mostly outside the view of conventional electoral politics. But since politicians are averse to wading into new and unfamiliar lines of discussion – oh, the risks! – it is likely that the cultural rumblings will first burst out in the style of Occupy, the Indignados or the Arab Spring: an abrupt surprise. We may have to wait for a cultural paroxysm for political leaders to develop the courage to think big and be bold.    

The sick thing is, Trump actually understood these deeper shifts. He just chose to exploit widespread resentments and frustrations in all sorts of manipulative, demagogic and self-serving ways. When will the pragmatic realists of the left and center begin to see the virtues of embracing the coming paradigm shift, and champion a humane social reconstruction? 

Encrypted Tractors – and the Open Source Solution

Imagine that you’re a farmer who bought a John Deere tractor for $25,000 – or perhaps a big, heavy-duty model for $125,000 or more.  Then something goes wrong with the computer software inside the tractor (its “firmware”).  Thanks to a new licensing scheme, only John Deere can legally fix the tractor – for exorbitant repair prices.  Or maybe you want to modify the tractor so it can do different things in different ways.  So sorry:  the license prohibits you from bypassing the encryption, taking it to an independent repair shop, or fixing it yourself.

As reported by Jason Koebler in Vice Motherboard, lots of American farmers frustrated by John Deere’s licensing terms are now turning to Ukrainian and Polish hackers to buy software fixes. They want to be able to fix and modify their own legally purchased tractors. (“Why American Farmers Are Hacking Their Tractors with Ukrainian Firmware,” March 21, 2017.) 

This very type of problem inspired hacker Richard Stallman to invent free software in the late 1970s. When an experimental laser printer donated to MIT by the Xerox Corporation kept jamming, Stallman tried to develop a software fix so he could help everyone who used the printer. He quickly discovered that the source code for the machine was proprietary -- a stupid, self-serving limitation that prevented him from helping his colleagues.

This sort of copyright control has frequently crippled machinery over the decades. The basic point is to protect a company's market power and proprietary control -- a form of power usually protected by law.  Under US law, for example, bypassing “digital rights management,” or DRM, systems on DVDs, CDs or websites is against the law.

In the case of land vehicles such as tractors, a legal exception was carved out under US copyright law in 2015. But John Deere was able to evade that provision by requiring farmers to sign a new licensing agreement when they buy a tractor.  The license prohibits “nearly all repair and modification to farming equipment, and prevent[s] farmers from suing for ‘crop loss, lost profits, loss of goodwill, loss of use of equipment … arising from the performance or non-performance of any aspect of the software,’” Koelber writes.

Most computer users have become accustomed to the annoying End User Licensing Agreements, or EULAs, which most people click-through and ignore.  (Are you actually going to read through 15 pages of legalese or hire an attorney to re-negotiate the license?)  The EULAs are essentially “contracts of adhesion” – one-sided agreements drafted by sellers to give them greater control over how their product may be used after its purchase and to limit sellers’ legal liability.  Contracts of adhesion purport to be freely made agreements between seller and buyer, but of course, they are nothing of the sort.  They are highly complex pseudo-contracts that reflect only the interests of the seller, which uses its raw market power or technological dominance to foist ridiculous terms on hapless consumers.

So if it’s harvest time and your tractor doesn’t work, the license insists that only an authorized John Deere dealership can fix or modify your tractor.  And if company technicians aren’t available, or 50 miles away, you’re out of luck.  Some farmers fear that the license gives John Deere so much legal authority that it could remotely shut down their tractors that have violated the license agreement.

The Vice Motherboard article describes a movement among farmers to push for “right to repair” legislation:

“If a farmer bought the tractor, he should be able to do whatever he wants with it,” Kevin Kenney, a farmer and right-to-repair advocate in Nebraska, told me. “You want to replace a transmission and you take it to an independent mechanic—he can put in the new transmission but the tractor can't drive out of the shop. Deere charges $230, plus $130 an hour for a technician to drive out and plug a connector into their USB port to authorize the part.”

“What you've got is technicians running around here with cracked Ukrainian John Deere software that they bought off the black market,” he added.

Kenney and [Nebraska hog farmer] Kluthe have been pushing for right-to-repair legislation in Nebraska that would invalidate John Deere's license agreement (seven other states are considering similar bills). In the meantime, farmers have started hacking their machines because even simple repairs are made impossible by the embedded software within the tractor. John Deere is one of the staunchest opponents of this legislation.

The John Deere EULA is just another example of how corporate players are making commoning illegal.  Code can’t be shared; it must be monopolized and monetized.  Farmer Kluthe has modified his John Deere to run on methane derived from pig manure, but it likely violates the EULA.  Richard Stallman would understand the frustration.

Although right-to-repair legislation would be a significant advance, I recently ran across another option:  an open source tractor.  The Oggún Tractor, completely open source but for its drive train, was introduced in November 2016 by an Alabama-based company called CleBer.  The Oggún Tractor -- a fairly basic tractor that is intended for small-scale and family farms – sells for $12,500.The Oggun Tractor

One of the founders is Horace Clemmons, who, as a veteran of the US computer industry, understands the value of open standards and open source development.  CleBer eplains that its business model is motivated by

“the fact that 80% of the world’s farmers can’t afford a tractor. Open System Manufacturing (OSM) changes that by being a customer based business model, not a stockholder based business model.

Open System Manufacturing is grounded in the idea that farm technology can advance more rapidly than it does today and get cheaper every year. While farmers do not currently see this reality for their tools, nearly everyone has seen this reality in the form of cell phone technology that becomes more useful and affordable every year. We have seen these benefits because of Open System Software and Computing. Why not apply the same concept to farm equipment?”

As an open source tractor, the Oggún uses common, off-the-shelf parts; uses the same components and subcomponents in multiple pieces of equipment; uses locally sourced parts, where possible; uses simplistic designs that allow the user to make unique adaptation and modifications.

“Our goal is to provide an affordable foundation that allows the people closest to the problems to innovate unique solutions that work for them and their community,” says the company literature.  “It’s not just a tractor, ‘it’s a way of thinking.’” Part of the thinking behind the Oggún tractor is to help revive make local and regional farming at smaller scales.  The low-cost, open source tractor should be especially attractive to farmers in the global South.

There are, of course, other open source agricultural equipment projects such as Open Source Ecology and Farm Hack. However, a difficult problem with those projects is how to capitalize the designs and make them commercially available.  It’s hard to get capital for projects that don’t own intellectual property (i.e., a patent in a proprietary technology). CleBer seems to have solved that through the mission-oriented investments of its two founders, who want to revive small-scale farming in the US, Cuba and elsewhere.

The Oggún tractor is still a very new tractor and one aimed at a very specific market segment of farmers. Still, the fact that it exists at all as a commercial enterprise is remarkable – and its potential, if taken to different levels, could be amazing. There are a lot of owners of John Deere equipment who would surely prefer not to be buying illegal software from eastern European pirates, but helping to build a new, more innovative ecosystem of open source alternatives. 

New Videos Explore the Political Potential of the Commons

Just released:  a terrific 25-minute video overview of the commons as seen by frontline activists from around the world, “The Commons in Political Spaces: For a Post-capitalist Transition,” along with more than a dozen separate interviews with activists on the frontlines of commons work around the globe. The videos were shot at the World Social Forum in Montreal last August, capturing the flavor of discussion and organizing there.

A big thanks to Remix the Commons and Commons Spaces – two groups in Montreal, and to Alain Ambrosi, Frédéric Sultan and Stépanie Lessard-Bérubé -- for pulling together this wonderful snapshot of the commons world.  The overview video is no introduction to the commons, but a wonderfully insightful set of advanced commentaries about the political and strategic promise of the commons paradigm today.Frédéric Sultan of Remix the Commons

The overview video (“Les communs dans l’espace politique,” with English subtitles as needed) is striking in its focus on frontier developments: the emerging political alliances of commoners with conventional movements, ideas about how commons should interact with state power, and ways in which commons thinking is entering policy debate and the general culture. 

The video features commentary by people like Frédéric Sultan, Gaelle Krikorian, Alain Ambrosi, Ianik Marcil, Matthew Rhéaume, Silke Helfrich, Chantal Delmas, Pablo Solon, Christian Iaione, and Jason Nardi, among others. 

The individual interviews with each of these people are quite absorbing. (See the full listing of videos here.) Six of these interviews are in English, nine are in French, and three are in Spanish.  They range in length from ten minutes to twenty-seven minutes.

To give you a sense of the interviews, here is a sampling:

Christian Iaione, an Italian law scholar and commoner, heads the Laboratory for the Governance of the Commons in Italy. The project, established five years ago, is attempting to change the governance of commons in Italian cities such as Rome, Bologna, Milan and Messina. More recently, it began a collaboration with Fordham University headed by Professor Sheila Foster, and  experiments in Amsterdam and New York City.

In his interview, “Urban Commons Charters in Italy,” Iaione warns that the Bologna Charter for the Care and Regeneration of Urban commons is not a cut-and-paste tool for bringing about commons; it requires diverse and localized experimentation. “There must be a project architecture working to change city governance and commons-enabling institutions,” said Iaione. “Regulation can’t be simply copied in south of Italy, such as Naples, because they don’t have the same civic institutions and public ethics as other parts of Italy….. You need different tools,” which must be co-designed by people in those cities, he said.

Jason Nardi, in his interview, “The Rise of the Commons in Italy” (27 minutes), credits the commons paradigm with providing “a renewed paradigm useful to unite and aggregate many different movements emerging today,” such as degrowth, cooperatives, the solidarity economy, ecologists, NGOs, development movements, and various rights movements. He credited the World Social Forum for helping to unite diverse factions to fight the privatization of everything by the big financial powers. 

Charles Lenchner of Democrats.com spoke about “The Commons in the USA” (11 minutes), citing the important movement in NYC to converted community gardens into urban commons.  He also cited the rise of participatory budgeting movement in New York City today, in which a majority of city council districts use that process.  The City of New York is also encouraging greater investment in co-operatives, in part as a way to deal with precarity and income disparities.  

Silke Helfrich, a German commons activist, discussed “Commons as a new political subject” (27 minutes).  She said that “it’s impossible today to know what’s going on about the commons because so many things are popping up or converging that it’s hard to keep up with them all.”  She said that there are three distinct ways of approaching the commons:  the commons as pools of shared resources to be managed collectively; the commons as social processes that bring commoning into being; and the commons as an attitude and way of thinking about a broader paradigm shift going on.  

Kevin Flanagan gave an interview, “Transition according to P2P” (19 minutes), in which he speaks of the “growing political maturity within the commons world, particularly within digital commons, peer production and collaborative economy.”  Flanagan said that there has always been a politics to the commons, but that politics is moving from being a cultural politics towards a broader politics that is engaging hacker culture, maker spaces, and open design and hardware movements.   Commoners are also beginning to work with more traditional political movements such as the cooperative and the Social and Solidarity Economy movements. 

Lots of nutritious food for thought in this well-produced collection of videos!

A New Primer on the Commons & P2P

Most readers of this blog don’t need an introduction the commons, but there are always newcomers for whom a short overview would be useful. The Transnational Institute and the P2P Foundation have done just that with an attractive new publication “Commons Transition and P2P: A Primer.” 

The beautifully designed fifty-page booklet does not dumb down the topic; it simply makes some of the complexities associated with commons and peer production more accessible to the general reader in a single document. The primer explains the basics of commons and peer-to-peer production (P2P), how they interrelate, their movements and trends, and "how a Commons transition is poised to reinvigorate work, politics, production, and care, both interpersonal and environmental.”

An info-graphic from Commons Transition and P2P: A Primer

A short video about the primer can be watched here. It explains that "the commons are a self-organized system by which local communities manage shared resources with minimal or no reliance on the market or the state.  P2P means collaboration, ‘peer-to-peer’, ‘people-to-people’ or ‘person-to-person.’  P2P is a type of non-hierarchical and non-coercive social relations that enables a transition to a fairer economy for people and nature.”

Besides introducing the commons & P2P, the booklet suggests five practical guidelines, with examples, for achieving a transition to a commons/P2P-based society:  

1.  Pool resources wherever possible;

2.  Introduce reciprocity;

3.  Shift from redistribution to predistribution and empowermernt;

4.  Subordinate capitalism; and

5.  Organize at the local and global levels.

Michel Bauwens, founder of the P2P Foundation, notes that because previous social revolutions have not always succeeded so well,

“what matters is the reconstruction of prefigurative value-creating production systems first, to make peer production an autonomous and full mode of production which can sustain itself and its contributors; and the reconstruction of social and political power which is associated and informed by this new social configuration.

The organic events will unfold with or without these forces, ready or not, but if we’re not ready, the human cost might be very steep. Therefore the motto should be: contribute to the phase transition first; and be ready for the coming sparks and organic events that will require the mobilization of all.”

Kudos to Michel Bauwens, Vasilis Kostakis, Stacco Troncoso and Ann Marie Utratel for the text of the primer as well to designer Elena Martínez for its attractive look.

The Future is a Pluriverse

The Transnational Institute for Social Ecology, an Athens-based group with a commitment to democratic and ecological cities, recently published an interview with me, conducted by Antonis Brumas and Yavor Tarinski.  Among the topics discussed: the compatibility of commons and markets; the potential of urban commons; the links between commons and ecology; and my sense of the future of commoning. 

Below is the text of the interview, conducted in March:

Some believe that the commons are incompatible with commodity markets. Others claim that markets and commons may form mutually beneficial relations with each other. What are your own views on this issue?

I think it is entirely possible for markets and commons to “play nicely together,” but only if commoners can have “value sovereignty” over their resources and community governance. Market players such as businesses and investors cannot be able to freely appropriate the fruits of a commons for themselves without the express authorization of commoners. Nor should markets be allowed to use their power to force commoners to assume market, money-based roles such as “consumers” and “employees.” In short, a commons must have the capacity to self-regulate its relations with the market and to assure that significant aspects of its common wealth and social relationships remain inalienable – not for sale via market exchange.

A commons must be able to develop “semi-permeable boundaries” that enable it to safely interact with markets on its own terms. So, for example, a coastal fishery functioning as a commons may sell some of its fish to markets, but the goals of earning money and maximizing profit cannot be allowed to become so foundational that it crowds out commons governance and respect for ecological limits.

Of course, market/commons relations are easier when it comes to digital commons and their shared wealth such as code, text, music, images and other intangible (non-physical) resources. Such digital resources can be reproduced and shared at virtually no cost, so there is not the “subtractability” or depletion problems of finite bodies of shared resources. In such cases, the problem for commons is less about preventing “free riding” than in intelligently curating digital information and preventing mischievous disruptions. In digital spaces, the principle of “the more, the merrier” generally prevails.

That said, even digital commoners must be able to prevent powerful market players from simply appropriating their work for commercial purposes, at no cost. Digital commoners should not simply generate “free resources” for larger market players to exploit for private gain. That is why some digital communities are exploring the use of the newly created Peer Production License, which authorizes free usage of digital material for noncommercial and commons-based people but requires any commercial users to pay a fee. Other communities are exploring the potential of “platform co-operatives,” in which an networked platform is owned and managed by the group for the benefit of its members.

The terms by which a commons protects its shared wealth and community ethos will vary immensely from one commons to another, but assuring a stable, benign relationship with markets is a major and sometimes tricky challenge.

During the last years we saw a boom in digital-commons, developed in urban areas by collectives and hack labs. What are the potentialities for non-digital commoning in the city in its present form – heavily urbanized and under constant surveillance? Are its proportions incompatible with the logic of the commons or the social right to the city is still achievable?

There has been an explosion of urban commons in the past several years, or at least a keen awareness of the need and potential of self-organized citizen projects and systems, going well beyond what either markets or city governments can provide. To be sure, digital commons such as maker spaces and FabLabs are more salient and familiar types of urban commons. And there is growing interest, as mentioned, in platform co-operatives, mutually owned and managed platforms to counter the extractive, sometimes-predatory behaviors of proprietary platforms such as Uber, Airbnb, Taskrabbit and others.

But there are many types of urban commons that already exist and that could expand, if given sufficient support. Urban agriculture and community gardens, for example, are important ways to relocalize food production and lower the carbon footprint. They also provide a way to improve the quality of food and invigorate the local economy. As fuel and transport costs rise with the approach of Peak Oil, these types of urban commons will become more important.

I might add, it is not just about growing food but about the distribution, storage and retailing of food along the whole value-chain. There is no reason that regional food systems could not be re-invented to mutualize costs, limit transport costs and ecological harm, and improve wages, working conditions, food quality (e.g., no pesticides; fresher produce), and affordability of food through commons-based food systems. Jose Luis Vivero Pol has explored the idea of “food commons” to help achieve such results, and cities like Fresno, California, are engaged with re-inventing their local agriculture/food systems as systems.

Other important urban commons are social in character, such as timebanks for bartering one’s time and services when money is scarce; urban gardens and parks managed by residents of the nearby neighborhoods, such as the Nidiaci garden in Florence, Italy; telcommunications infrastructures such as Guifi.net in Barcelona; and alternative currencies such as the BerkShares in western Massachusetts in the US, which help regions retain more of the value they generate, rather than allowing it to be siphoned away via conventional finance and banking systems.

There are also new types of state/commons partnerships such as the Bologna Regulation for the Care and Regeneration of Urban commons. This model of post-bureaucratic governance actively invites citizen groups to take responsibility for urban spaces and gardens, kindergartens and eldercare. The state remains the more powerful partner, but instead of the usual public/private partnerships that can be blatant ripoffs of the public treasury, the Bologna Regulation enlists citizens to take active responsibility for some aspect of the city. It’s not just government on behalf of citizens, but governance with citizens. It’s based on the idea of “horizontal subsidiarity” – that all levels of governments must find ways to share their powers and cooperate with single or associated citizens willing to exercise their constitutional right to carry out activities of general interest.

In France and the US, there are growing “community chartering” movements that give communities the ability to express their own interests and needs, often in the face of hostile pressures by corporations and governments. There are also efforts to develop data commons that will give ordinary people greater control over their data from mobile devices, computers and other equipment, and prevent tech companies from asserting proprietary control over data that has important public health, transport, planning or other uses. Another important form of urban commons is urban land trusts, which enable the de-commodification of urban land so that the buildings (and housing) built upon it can be more affordable to ordinary people. This is a particularly important approach as more “global cities” becomes sites of speculative investment and Airbnb-style rentals; ordinary city dwellers are being priced out of their own cities. Commons-based approaches offer some help in recovering the city for its residents.

Why bring the commons to the management and governance of a city? Urban commons can also reduce costs that a city and its citizens must pay. They do this by mutualizing the costs of infrastructure and sharing the benefits — and by inviting self-organized initiatives to contribute to the city’s needs. Urban commons enliven social life simply by bringing people together for a common purpose, whether social or civic, going beyond shopping and consumerism. And urban commons can empower people and build a sense of fairness. In a time of political alienation, this is a significant achievement.

Urban commons can unleash creative social energies of ordinary citizens, who have a range of talents and the passion to share them. They can produce artworks and music, murals and neighborhood self-improvement, data collections and stewardship of public spaces, among other things. Finally, as international and national governance structures become less effective and less trusted, cities and urban regions are likely to become the most appropriately scaled governance systems, and more receptive to the constructive role that commons can play.

Contemporary struggles for protection of commons seem to be strongly intertwined with ecological matters. We can clearly see this in struggles like the one that is currently taking place in North Dakota. Is there a direct link between the commons and ecology?

Historically, commoning has been the dominant mode of managing land and even today, in places like Africa, Asia and Latin America, it is arguably the default norm, notwithstanding the efforts of governments and investors to commodify land and natural resources. According to the International Land Alliance, an estimated 2 billion people in the world still depend upon forests, fisheries, farmland, water, wild game and other natural resources for their everyday survival. This is a huge number of people, yet conventional economists still regard this “subsistence” economy and indigenous societies as uninteresting because there is little market-exchange going on. Yet these communities are surely more ecologically mindful of their relations to the land than agribusinesses that rely upon monoculture crops and pesticides, or which exploit a plot of land purely for its commercial potential without regard for biodiversity or long-term effects, such as the massive palm oil plantations in tropical regions.

Commoning is a way for we humans to re-integrate our social and commercial practices with the fundamental imperatives of nature. By honoring specific local landscapes, the situated knowledge of commoners, the principle of inalienability, and the evolving social practices of commoning, the commons can be a powerful force for ecological improvement.

What should be the role of the state in relation to the commons?

This is a very complex subject, but in general, one can say that the state has very different ideas than commoners about how power, governance and accountability should be structured. The state is also far more eager to strike tight, cozy alliances with investors, businesses and financial institutions because of its own desires to share in the benefits of markets, and particularly, tax revenues. I call our system the market/state system because the alliance – and collusion – between the two are so extensive, and their goals and worldview so similar despite their different roles, that commoners often don’t have the freedom or choice to enact commons. Indeed, the state often criminalizes commoning – think seed sharing, file sharing, cultural re-use – because it “competes” with market forms of production and stands as a “bad example” of alternative modes of provisioning.

Having said this, state power could play many useful roles in supporting commoning, if it could be properly deployed. For example, the state could provide greater legal recognition to commoning, and not insist upon strict forms of private property and monetization. State law Is generally so hostile or indifferent to commoning that commoners often have to develop their own legal hacks or workarounds to achieve some measure of protection for their shared wealth. Think about the General Public License for software, the Creative Commons licenses, and land trusts. Each amounts to an ingenious re-purposing of property law to serve the interests of sharing and intergenerational access.

The state could also be more supportive of bottom-up infrastructures developed by commoners, whether they be wifi systems, energy coops, community solar grids, or platform co-operatives. If city governments were to develop municipal platforms for ride-hailing or apartment rentals – or many other functions – they could begin to mutualize the benefits or such services and better protect the interests of workers, consumers and the general public.

The state could also help develop better forms of finance and banking to help commoning expand. The state provides all sorts of subsidies to the banking industry despite its intense commitment to private extraction of value. Why not use “quantitative easing” or seignorage (the state’s right to create money without it being considered public debt) to finance the building of infrastructure, environmental remediation, and social needs? Commoners could benefit from new sources of credit for social or ecological purposes – or a transition to a more climate-friendly economy — that would not likely be as remunerative as conventional market activity.

For more on these topics, I recommend two reports by the Commons Strategies Group: “Democratic Money and Capital for the Commons: Strategies for Transforming Neoliberal Finance through Commons-based Alternatives,” about new types of commons-based finance and banking (http://commonsstrategies.org/democratic-money-and-capital-for-the-common...); and “State Power and Commoning: Transcending a Problematic Relationship,” a report about how we might reconceptualize state power so that it could foster commoning as a post-capitalist, post-growth means of provisioning and governance. (http://commonsstrategies.org/state-power-commoning-transcending-problema...)

How essential is, in your opinion, direct user participation for practices of commoning? Can the management of the commons be delegated to structures like the state or are the commons essentially connected to genuine grassroots democracy?

Direct participation in commoning is preferred and often essential. However, each of us has only so many hours in the day, and we can remember the complaint that “the trouble with socialism is that it takes too many evenings.” Still, there are many systems, particularly in digital commons, for assuring bottom-up opportunities for participation along with accountable governance and transparency. And there are ways in which commons values can be embedded in the design of infrastructures and institutions, much as Internet protocols favor a distributed egalitarianism. By building commons principles into the structures of larger institutions, it can help prevent or impede the private capture of them or a betrayal of their collective purposes.

That said, neither legal forms or nor organizational forms are a guarantee that the integrity of a commons and its shared wealth will remain intact. Consider how some larger co-operatives resemble conventional corporations. That is why some elemental forms of commoning remain important for assuring the cultural and ethical integrity of a commons.

We are entering in an age of aggressive privatization and degradation of commons: from privatization of water resources, through internet surveillance, to extreme air pollution. What should be the priorities of the movements fighting for protection of the commons? What about their organizational structure?

Besides securing their own commons against the threats of enclosure, commons should begin to federate and cooperate as a way to build a more self-aware Commons Sector as a viable alternative to both the state and market. We can see rudimentary forms of this in the “assemblies of the commons” that have self-organized in some cities, and in the recently formed European Commons Assembly. I am agnostic about the best organizational structure for such work because I think it will be emergent; the participants themselves must decide what will be most suitable at that time. Of course, in this digital age, I have a predisposition to think that the forms will consist of many disparate types of players loosely joined; it won’t be a centralized, hierarchical organization. The future is a “pluriverse,” and the new organizational forms will need to recognize this reality in operational ways.

What is your vision of a commons-based society? How would it look like?

I don’t have a grand vision. I stand by core values and learn from ongoing practical lessons. We don’t know the developmental evolution that will occur in the future, or for that matter, what our own imaginations and capacities might be able to actualize. Emergence happens. Yet I do believe that commoning is far more of a default talent of the human species than homo economicus. We are hard-wired to cooperate, coordinate and co-evolve together. Especially as the grand, centralized market/state systems of the 20th century begin to implode through their own dysfunctionality, the commons will more swiftly step into the breach by offering more local, convivial and trusted systems of survival.

The transition of “commonification” will likely be bumpy, if only because the current masters of the universe will not readily cede their power and prerogatives. They will be incapable of recognizing a “competing” worldview and social order. But the costs of maintaining the antiquated Old Order are becoming increasingly prohibitive. The capital expense, coercion, organizational complexities, and ecological instability are growing even as popular trust in the market/state and its political legitimacy is declining.

Rather than propose a glowing vision of a commons-based society, I am content to point to hundreds of smaller-scale projects and movements. As they find each other, replicate their innovations, and federate into a more coordinated, self-aware polity – if we dare call it that! – well, that’s when things will get very interesting.

Interview by Antonis Brumas and Yavor Tarinski

New Open Source License Fights the Enclosure of Seeds

As more and more plant varieties have become privatized through patents, and as large corporations have bought up smaller seed breeders, a dangerous consolidation has occurred. The genetic diversity of agricultural crops has shrunk, making crops more vulnerable to disease and our food supply more insecure. Meanwhile, farmers and the public have become more dependent on a few large agrochemical companies.

In short, seed patents have become a tool for privatizing seed from the pool of open and commonly owned plant genetic resources: an insidious enclosure of seed commons.

This scenario is eerily similar to the consolidation of software for personal computers some twenty years ago.  Microsoft used its market dominance to incorporate all sorts of software programs into its Windows operating system, a strategy sometimes referred to as “embrace, extend and extinguish.”  As Microsoft exploited its de facto monopoly over common software systems, programs for word-processing, spreadsheets and other functions began to go out of business.

But just as open source software served as a powerful antidote to proprietary software, so a group of academics, activists and plant breeders in Germany has now pioneered a similar antidote to seed patents:  an open source license.

The Open Source Seed license, recently released by a group called OpenSourceSeeds, is trying to “make seeds a common good again.” The license amounts to a form of “copyleft” for new plant varieties, enabling anyone to use the licensed seeds for free. Like the General Public License for free software, the seed license has one serious requirement: any seeds that are used, modified or sold must be passed along to others without any legal restrictions.

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New Open Source License Fights the Enclosure of Seeds

As more and more plant varieties have become privatized through patents, and as large corporations have bought up smaller seed breeders, a dangerous consolidation has occurred. The genetic diversity of agricultural crops has shrunk, making crops more vulnerable to disease and our food supply more insecure. Meanwhile, farmers and the public have become more dependent on a few large agrochemical companies.

In short, seed patents have become a tool for privatizing seed from the pool of open and commonly owned plant genetic resources: an insidious enclosure of seed commons.

This scenario is eerily similar to the consolidation of software for personal computers some twenty years ago.  Microsoft used its market dominance to incorporate all sorts of software programs into its Windows operating system, a strategy sometimes referred to as “embrace, extend and extinguish.”  As Microsoft exploited its de facto monopoly over common software systems, programs for word-processing, spreadsheets and other functions began to go out of business.

From OpenSourceSeeds website

But just as open source software served as a powerful antidote to proprietary software, so a group of academics, activists and plant breeders in Germany has now pioneered a similar antidote to seed patents:  an open source license.

The Open Source Seed license, recently released by a group called OpenSourceSeeds, is trying to “make seeds a common good again.” The license amounts to a form of “copyleft” for new plant varieties, enabling anyone to use the licensed seeds for free. Like the General Public License for free software, the seed license has one serious requirement: any seeds that are used, modified or sold must be passed along to others without any legal restrictions.

 

This is the “share-alike” principle, which is also used by Creative Commons licenses.  Its purpose is to prevent the privatization of a common resource by requiring any user to share it freely and forever.

The Open Source Seed license directs any users:

You will in particular refrain from making any claim to plant variety rights, patent rights or any other statutorily possible exclusivity rights of the seeds or their propagation and enhancements.

Simultaneously, the licensing provisions oblige you, in turn, to subject any seeds or enhancements of the seeds obtained from the present seeds to these licensing provisions, and only to pass them on to third parties on these conditions (“copyleft”). Should you infringe the obligations arising from this licence agreement, you will forfeit your rights of use of the seeds or any seeds or enhancements obtained therefrom.

By acquiring or opening the packet of these plant seeds you accept, by way of an agreement, the provisions of a licence agreement where no costs shall be incurred to you. You especially undertake not to limit the use of these seeds and their enhancements, for instance by making a claim to plant variety rights or patent rights on the seeds’ components. You shall pass on the seeds, and propagations obtained therefrom, to third parties only on the terms and conditions of this licence. You will find the exact licensing provisions at www.opensourceseeds.org/licence. If you do not wish to accept these provisions, you need to refrain from acquiring and using these seeds.

The open source seed license was released on April 25 in Berlin by the Association for AgriCulture and Ecology (AGRECOL e.V) and the German NGO Forum on Environment and Development. They also released the first two open-sourced seeds, the tomato “Sunviva” (Lycopersicon esculentum L.) and the spring/summer wheat known as “Convento C.”  (For more on this event, see this story by Intellectual Property Watch.)

OpenSourceSeeds hopes that plant breeders will use its license to protect access to new crop varieties, eventually producing a new sector of open source seed production.  The group’s website invites breeders and seed distributors to register on its database so that buyers can discover where they can purchase open source seeds.

OpenSourceSeeds explains that its agenda is to promote food security through seed diversity; restore crop seeds as a common good; and assure free access to seed (meaning, no legal restrictions on use; seeds can still be sold). 

It envisions a more ecological approach to farming rather than the monoculture crops of industrial agriculture. It wants to develop and promote a diversity of crop types, and promote varieties with ecological potential for niche locations and landscapes. All of these goals require a non-private, commonly owned seed sector where private profit is not the primary goal.

If you’d like to explore this topic further, here is an informative background essay, “Liberating Seeds with an Open Source Seed License,” by Johannes Kotschi and Klaus Rapf, of AGRECOL, the Association for AgriCulture and Ecology, in Germany.

Bravo, OpenSourceSeeds, for this ingenious initiative!  May your new license and ethic of seed stewardship produce many bountiful harvests in the future.

Update: Check out the Open Source Seed Initiative in the US, too. It is quite active in advancing the same goals as OpenSourceSeeds and its license.  

Using Data Mapping to Help Reclaim Urban Commons

Big Tech understands the power of data to advance its interests.  It’s time for commoners to do the same, especially in urban settings.

A pioneer in this style of high-tech activism is the Brooklyn-based group 596 Acres, whose name comes from apparent number of acres of vacant public land in Brooklyn in 2011 as determined by the NYC Department of City Planning.  Since its founding that year, 596 Acres has ingeniously used various databases to identify vacant lots throughout the City that could be re-purposed into public gardens, farms parks, and community meeting spaces.

Paula Z. Segal, an attorney who works with the Urban Justice Center in New York City, explained in a blog post that shortly after its founding in 2011, “the 596 Acres team started hunting down all available data about city-owned land. Once we got the data, we worked to translate it into usable information. For each publicly owned ‘vacant’ lot we found, we asked two questions: 1) ‘Is this lot in use already?’ and 2) ‘Can you reach this lot from the street?’”

The group used a combination of automated script, Google Maps, the interactive community maps at OASISNYC.net, and gardener surveys done by a NYC nonprofit, to identify the unused lots accessible from the street.  It discovered that there were approximately 660 acres of vacant public land in New York City, distributed across 1,800 sites.  But putting this land to better, public uses required commoners to organize and pressure elected officials and city bureaucrats to transfer ownership and allow the creation of new green spaces.

There is a backstory to 596 Acres’ activism: In the 1990s, many New Yorkers converged on trashed-out parcels of city land, converting them into hundreds of community gardens. This amazing surge of commoning helped to humanize the cityscape while, as a byproduct, raising property values for adjacent buildings in the neighborhood. People could undertake this work only because the vacant lots were open and accessible. (In the era of Mayors Guiliani and Bloomberg, by contrast, any vacant lots are fenced, effectively thwarting the reclaiming of vacant lots and abandoned buildings for commoners.) Guiliani sought to sell off the land that commoners had reclaimed, provoking a fierce backlash that resulted in the creation of scores of community land trusts to manage the gardens.

Now that vacant lots are fenced, 596 Acres post signs on the fences informing neighbors that the land is actually publicly owned (i.e., government, not commoners, has title to the land). The signs invite people to organize to try to convert the unused lots into gardens or parks. To help move this process along, 596 Acres has created online maps giving detailed information about each vacant lot – who is the registered owner, the land's legal status, city departments and politicians who should be contacted, etc.

Living Lots NYC now serves as “a clearinghouse of information that New Yorkers can use to find, unlock and protect our shared resources.”  The site features a searchable database and map of 899 “acres of opportunity” on 1,337 sites, and 1,186 acres of community projects on 584 sites.  The map also includes colored dots showing where people have access and where people are organizing to liberate land.  A primary goal of the site is to “broadcast what is know-able [about vacant city land parcels] and to help people find one another on a property-by-property basis.” 

Paula Segal explains that:

Wherever possible, the goal is a permanent transfer of public land to the NYC Parks Department, or private land to a community land trust. But sometimes creating a temporary space for a few years until other planned development moves forward—arranged via an interim use agreement—is the only achievable outcome.

In each instance, residents must navigate a unique bureaucratic maze: applying for approval from their Community Board, winning endorsement from local elected officials, and negotiating with whichever agency holds title to the land. Along the way, 596 Acres provides legal advice, technical assistance, and a network for sharing best practices from successful campaigns.

Some of the benefits of building power this way have been unexpected.  In January 2015, when NYC’s Department of Housing Preservation and Development (HPD) published a list of 181 “hard to develop” properties that they would sell for $1 to developers willing to build affordable housing, we were able to quickly analyze the list and find out that it included 20 community garden lots. Six of those were gardens that had been formed with our support.

Within three weeks of the list’s publication, over 150 New Yorkers, including four City Council members, were rallying on the steps of City Hall. By the end of that year, the administration had transformed 36 formerly “interim use” spaces to permanently preserved NYC Parks Department gardens, including fifteen of the gardens on the January list. Using our network, community gardeners had preempted a major threat, ensuring that the largest wave of garden preservation in NYC history would happen without a legal battle.

596 Acres has now moved beyond vacant lots, focusing on how inaccessible and neglected NYC parks, buildings and post offices could be put to better use.

In collaboration with the Urban Justice Center and Common Cause/NY, 596 Acres also operates a website called NYCommons that helps people learn more about New York City’s public spaces.  Some 3,243 properties are listed, with colored dots indicating whether the property is a library, post office, waterfront facility, public housing, garden, vacant lot, whether “development is pending” and if organizing [against “development”] is underway.

“Some are opportunities to organize new spaces for integrated community services,” writes Segal. “Others we hope to preserve in the face of a real estate market hungry for places it can transform into luxury development.”  Many of of the neglected land parcels, parks, community centers, public baths, rest rooms and buildings are in low-income communities of color -- victims of the city’s fiscal crisis and class-driven policy choices in the 1970s.

I’m impressed with how database-driven maps can be used to galvanize and assist citizen campaigns to reclaim the city.  It suggests that commoners should convene more “inter-mapping” confabs to trade insights and develop database activism.

Using Data Mapping to Help Reclaim Urban Commons

Big Tech understands the power of data to advance its interests.  It’s time for commoners to do the same, especially in urban settings.

A pioneer in this style of high-tech activism is the Brooklyn-based group 596 Acres, whose name comes from apparent number of acres of vacant public land in Brooklyn in 2011 as determined by the NYC Department of City Planning.  Since its founding that year, 596 Acres has ingeniously used various databases to identify vacant lots throughout the City that could be re-purposed into public gardens, farms parks, and community meeting spaces.

Paula Z. Segal, an attorney who works with the Urban Justice Center in New York City, explained in a blog post that shortly after its founding in 2011, “the 596 Acres team started hunting down all available data about city-owned land. Once we got the data, we worked to translate it into usable information. For each publicly owned ‘vacant’ lot we found, we asked two questions: 1) ‘Is this lot in use already?’ and 2) ‘Can you reach this lot from the street?’”

The group used a combination of automated script, Google Maps, the interactive community maps at OASISNYC.net, and gardener surveys done by a NYC nonprofit, to identify the unused lots accessible from the street.  It discovered that there were approximately 660 acres of vacant public land in New York City, distributed across 1,800 sites.  But putting this land to better, public uses required commoners to organize and pressure elected officials and city bureaucrats to transfer ownership and allow the creation of new green spaces.

There is a backstory to 596 Acres’ activism: In the 1990s, many New Yorkers converged on trashed-out parcels of city land, converting them into hundreds of community gardens. This amazing surge of commoning helped to humanize the cityscape while, as a byproduct, raising property values for adjacent buildings in the neighborhood. People could undertake this work only because the vacant lots were open and accessible. (In the era of Mayors Guiliani and Bloomberg, by contrast, any vacant lots are fenced, effectively thwarting the reclaiming of vacant lots and abandoned buildings for commoners.) Guiliani sought to sell off the land that commoners had reclaimed, provoking a fierce backlash that resulted in the creation of scores of community land trusts to manage the gardens.

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C@rds in Common: Learning about the Commons Through Play

Because the practices of commoning fly in the face of market culture, they are frequently misunderstood.  What is this process of committed collaboration toward shared goals? people may wonder.  How does it work, especially when many industries want to privatize control of the resource or prevent competition via commoning?

Matthieu Rhéaume, a commoner and game designer who lives Montreal, decided that a card game could be a great vehicle for introducing people to the commons.  The result of his efforts is “C@rds in Common:  A Game of Political Collaboration.”  “I see playfulness as a sense-making tool,” Matthieu told me.  “People can play casually and be surprised by the meta-learning [about the commons] that results.”

It all began at the World Social Forum (WSF) conference in Montreal in August 2016. Rhéaume decided to use the opportunity to synthesize viewpoints about the commons from a group of 50 participants and use the results to develop the card game.  He persuaded the Charles Léopold Mayer Foundation and Gazibo, both based in France, to support development of the game. Fifty commoners more or less co-created the game with the help of several colleagues.  (The process is described here.)

As a game designer, Rhéaume realized that successful, fun games must embody a certain “procedural rhetoric” and reward storytelling. He had enjoyed playing “Magic: The Gathering,” a popular multiplayer card game, and wondered what that game would feel like if it were collaborative.

At the WSF, Rhéaume asked participants to share their own insights about the commons by submitting suggested cards in six categories. The first four categories consist of “commoners cards” featuring  “resources,” “action cards,” “project cards” and “attitude cards.”  Two other types of cards -- “Oppressive Forces” cards with black backs – give the game its kick by applying  “negative effects” to the “Political Arena” of play.  The two negative effects are “enclosures” and “crises,” to which commoners must collectively organize and respond in time.

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