On the Commodification of Human Discovery

Not so long ago, the language of “intellectual property” (IP) was the only serious way of talking about creative works and inventions.  Copyright and patents provided the default framework for explaining how someone’s bright idea grew into a marketable product, and how that in turn contributed to economic growth and human progress. It was a neat, tidy, reassuring story.  It had an irresistible simplicity – and the endorsement of the ultimate authority, government.

And then…. the pluriversal realities of life came storming the citadel gates!  Over the past fifteen or twenty years, the monoculture narrative of IP has been attacked by indigenous cultures, seed activists, healthcare experts, advocates for the poor, the academy, and especially users of digital technologies.  It has become increasingly clear that the standard IP story, whatever its merits on a smaller scale, in competitive industries, is mostly a self-serving, protectionist weapon in the hands of Hollywood, record labels, book publishers, Big Pharma and other multinational IP industries. 

We can thank the authors of a new anthology for helping to explain how the standard IP narrative is profoundly flawed, and how an array of challengers are showing how knowledge-creation so often emerges through social commons.

Free Knowledge:  Confronting the Commodification of Human Discovery, edited by Patricia W. Elliott and Daryl H. Hepting, provides a refreshing survey of the many realms in which corporations are enclosing shared knowledge -- and a sampling of commons that are democratizing the production and control of knowledge. (The book is published by University of Regina Press, and is licensed under a Creative Commons BY-NC-ND license.)

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Bauwens: Use a Peer Production License to Foster “Open Cooperativism”

Michel Bauwens of the P2P Foundation recently published a short essay noting that the economic fruits of peer production in today’s world tend to be captured by capitalists – whereas what we really need is a system to enable capital accumulation for and by commoners themselves.  To that end, Bauwens embraces the idea of a Peer Production License, as designed and proposed by Dmitri Kleiner.  

The idea is to emancipate online commons from the control of capital and corporations, and to enable cooperatives working within the market system to reorient themselves to the larger common good, and not just their members. Bauwens’ essay, originally published on the P2P Foundation blogfollows below:

The labor/p2p/commons movements today are faced with a paradox.

On the one hand we have a re-emergence of the cooperative movement and worked-owned enterprises, but they suffer from structural weaknesses. Cooperative entities work for their own members, are reluctant to accept new cooperators that would share existing profits and benefits, and are practitioners of the same proprietary knowledge and artificial scarcities as their capitalist counterparts. Even though they are internally democratic, they often participate in the same dynamics of capitalist competition which undermines their own cooperative values.

On the other hand, we have an emergent field of open and commons-oriented peer production in fields such as free software, open design and open hardware, which do create common pools of knowledge for the whole of humanity, but at the same time, are dominated by both start-ups and large multinational enterprises using the same commons.

Thus, we need a new convergence or synthesis, a ‘open cooperativism’, that combines both commons-oriented open peer production models, with common ownership and governance models such as those of the cooperatives and the solidarity economic models. What follows is a more detailed argument on how such transition could be achieved.

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Publishers Bully a Digital Research Library

Book publishers love that libraries can act as free marketing venues, introducing readers to new authors and keeping them focused on books.  But publishers don’t like it when libraries act as commons – that is, when they promote easy access and sharing of knowledge.  A successful commons may modestly limit a publisher’s absolute copyright control – and even minor incursions on this authority must be stoutly resisted, publishers believe.     

One of the more egregious such battles now underway is a lawsuit filed by Harvard Business School Publishing, John Wiley and the University of Chicago Press against the Institute for the Study of Coherence and Emergence.  ISCE  is a small, nonprofit membership group that “facilitates the conversation between academics and business people regarding social complexity theory, particularly the implications for the management of organizations.” 

The focus of the publishers’ lawsuit is ISCE’s virtual library of 1,200 books.  May ISCE self-digitize and lend its virtual books to its members on a one-usage-at-a-time basis, for private, educational, non-commercial purposes? 

The publishers say no, and are seeking to establish their legal authority to shut down such unauthorized “reproduction, display and distribution” of the books.  But ISCE counter-claims that the fair use and first-sale doctrines of copyright law give it the legal right to lend its virtual books.  (Fair use is the legal doctrine of copyright law that allows excerpts to be shared noncommercially.  The first-sale doctrine prohibits the seller from controlling what a consumer does with a book or DVD after it is purchased, such as renting it, lending it or giving it away.)  ISCE claims, in addition, that libraries are entitled to special-use privileges under copyright law, which apply in this instance.

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