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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‘We’re Number 10!’ Reasons the U.S. Is Losing Ground

The United States for so long has been a champion of innovation, but because of powerful special interests and also because of some unwise reasons, we are losing a great deal of ground. When I was growing up, we would hear chants that “We’re Number 1!” especially around the time of the Olympics. Americans were proud. We thought, whether rightly or not, that we were or had the best of everything that counted. Travel abroad offers reason for humility. I found a striking example when I visited Germany this past August. There were solar panels everywhere.

German field of solar panels.

The U.S. is known for innovation for a number of reasons. The first is that early on the country was guided by a pioneer spirit. While Europe was strongly controlled by longstanding conventions, in the Americas, so many things were new. Much of the countryside was “wild,” a characteristic that was harmful when ascribed to the native peoples. Considering the wilderness of forests, bears, and other things that could kill you, there was much to do to survive. Innovations were necessary.

Photo of a telegraph controller. Beyond that, as de Tocqueville and later Max Weber pointed out (no relation, by the way), America had an industrious spirit and brought a Protestant work ethic to its industries. While the U.S. had its many troubling capitalist robber barons, it also has long been a land of invention and creativity. It’s remarkable how many inventions came from the United States, like the light bulb, the telegraph, and the telephone.

When you consider that the United States invented the automobile, it seems sad that Ford Motor Company failed to innovate and anticipate the changing market for fuel. With increasing gas prices, which of course fluctuate, demand naturally has risen for smaller, more fuel efficient vehicles. My wife and I bought a Prius. It has a 10 gallon tank of gas, or thereabouts. That might seem small. On that 10 or 11 gallon tank, we can drive 5.5 – 6 hours from Oxford, MS to Altanta, GA. True story. We get there needing to fill up soon, but we get there (I’ve got family there, so we’ve done it several times).

A grey hummer, 2007.It’s no secret that the supply of oil in the world is a limited resource. If there’s any debate about it, the real question is when exactly we’ll have reached peak production that will then inevitably decline. There’s no doubt about the inevitability, just about when we’ll start to feel it. Even if it seems far off, we know that prices will rise again in our future. That’s a force for leading the market to want more efficient cars and sources of energy. Besides, why spend more on getting from A to B? Some people conspicuously consume gas, proud of the Hummers. Hell, I’d love to drive over something in one of those too. When I drive to Atlanta, however, I’ll get there a whole lot faster (not having to stop) and more cheaply if I can take a Prius.

In light of America’s history of innovation, it was a sad moment when Ford and the auto industry in the U.S. had to be bailed out during the financial crisis. The U.S. Government, which means you and me, bailed out the auto industry to the tune of nearly $80 Billion (yes, with a B). Much of that was recovered eventually, which is the good news, but we saw a loss of $9 Billion dollars that weren’t recovered. Why was there such a failure? Despite clear evidence that the market wanted more fuel efficient cars, Ford and others kept building sport utility vehicles. While Japan and South Korea made money hand over fist on fuel efficient cars, like the Prius, our auto industry defiantly rejected the idea that Americans cared about issues like the environment or fuel costs. You and I paid for that.

German town with solar panels on the houses.In August of this year, when Annie and I visited Germany, we took a train from Munich to Regensburg, in Bavaria, and then another from Regensburg to Berlin. First of all, the U.S. really needs to catch up on train infrastructure. Trains are awesome, even if one leg of our trip had its problems. So do highways (traffic, accidents, etc). As we went through the German countryside, we saw small towns in which houses had solar panels all over them.

The featured image in this post is an aerial view of something we saw in a lot of fields on our trip – solar energy farming. Germany is establishing the infrastructure, the technology, the expertise, and the innovation for new ways of harvesting energy, and they’re way ahead of the U.S. We’ll eventually be buying their tech, hiring their experts. The U.S. has been ridiculous about energy, perhaps because of Gore’s efforts to get people to care about global warming — if one party is more vocal on an issue, it must be a controversial matter, right? Wrong (If you’re a skeptic, be a smart one and read the 2014 IPCC report. Otherwise you don’t know what you’re talking about). Another reason is that the U.S. is an oil producer, so folks might think that it’s a bad thing to go after the renewables for that reason. That doesn’t make any sense of course. There were plenty of candle makers when Edison invented the lightbulb.

Man starting a car with a crank.To anyone who says “Yeah, but solar panels are not so efficient and can’t replace yada yada…” Come on. The early automobile wasn’t perfect either. The glass would cut into you if it shattered. You had to crank the damned thing to get it started, while standing outside of the vehicle, etc. You don’t see advocates for the horse and carriage today. Problems or needs for efficiency and enhancement are precisely the places where the Germans are going to innovate and we’re going to give them our money and follow their lead. This isn’t the attitude of a nation that wants to be #1. It’s lazy and shortsighted.

American reluctance to dive into renewable energies is burying our heads in the sand. It’s counter to the American spirit of innovation. It’s also not wise in business terms. The defiant attitude that leads some people irrationally to dislike fuel efficient cars, solar panels, and preference for investing public funds in energy innovation over extensions of our eventual end of our oil abundance is precisely the reason why Zakaria said we’re living in a Post American World. Another reason is that the rest of the world is getting wise and “rising.” We’ll have oil for quite some time, but responsible people care about their grandkids, even when they don’t have them yet.

A small German city with panels on rooves.It’s time for the U.S. to snap out of this silliness and to want to be number 1 again, especially in terms of smart innovation.

P.S. If you enjoyed this piece, check out my earlier one called “Greening Industries and Green Industries in Mississippi.”

Eric Thomas Weber is associate professor of public policy leadership at the University of Mississippi, expressing only his own point of view. He is the author of Uniting Mississippi: Democracy and Leadership in the South (2015). Follow him on Twitter and “like” his Facebook page

Who May Use the King’s Forest? The Meaning of Magna Carta, Commons and Law in Our Time

The relationship between law and the commons is very much on my mind these days.  I recently posted a four-part serialization of my strategy memo, "Reinventing Law for the Commons."  The following public talk, which I gave at the Heinrich Boell Foundation in Berlin on September 8, is a kind of companion piece.  The theme: this year's celebration of the 800th anniversary of Magna Carta and its significance for commoners today.

A video version of my talk can be seen here -- along with a talk on P2P developments by my colleague Michel Bauwens, and general discussion with the audience moderated by Silke Helfrich.

Thank you for inviting me to speak tonight about the 800th anniversary of the Magna Carta and the significance of law for the commons.  It’s pretty amazing that anyone is still celebrating something that happened eight centuries ago!   Besides our memory of this event, I think it is so interesting what we have chosen to remember about this history, and what we have forgotten.

This anniversary is essentially about the signing of peace treaty on the fields of Runnymede, England, in 1215.  The treaty settled a bloody civil war between the much-despised King John and his rebellious barons eight centuries ago.  What was intended as an armistice was soon regarded as a larger canonical statement about the proper structure of governance.  Amidst a lot of archaic language about medieval ways of life, Magna Carta is now seen as a landmark statement about the limited powers of the sovereign, and the rights and liberties of ordinary people.

The King’s acceptance of Magna Carta after a long civil war seems unbelievably distant and almost forgettable.  How could it have anything to do with us moderns?  I think its durability and resonance have to do with our wariness about concentrated power, especially of the sovereign.  We like to remind ourselves that the authority of the sovereign is restrained by the rule of law, and that this represents a new and civilizing moment in human history.  We love to identify with the underdog and declare that even kings must respect something transcendent and universal called “law,” which is said to protect individual rights and liberties. 

In this spirit, the American Bar Association celebrated Magna Carta in 1957 by erecting a granite memorial at Runnymede bearing the words “Freedom Under Law.”  On grand public occasions – especially this year – judges, politicians, law scholars and distinguished gray eminences like to congregate and declare how constitutional government and representative democracy are continuing to uphold the principles of Magna Carta.  More about that in a minute.

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The Promise of “Open Co-operativism”

Is it possible to imagine a new sort of synthesis or synergy between the emerging peer production and commons movement on the one hand, and growing, innovative elements of the co-operative and solidarity economy movements on the other? 

That was the animating question behind a two-day workshop, “Toward an Open Co-operativism,” held in August 2014 and now chronicled in a new report by UK co-operative expert Pat Conaty and me.  (Pat is a Fellow of the New Economics Foundation and a Research Associate of Co-operatives UK, and attended the workshop.) 

The workshop was convened because the commons movement and peer production share a great deal with co-operatives....but they also differ in profound ways.  Both share a deep commitment to social cooperation as a constructive social and economic force.  Yet both draw upon very different histories, cultures, identities and aspirations in formulating their visions of the future.  There is great promise in the two movements growing more closely together, but also significant barriers to that occurring.

The workshop explored this topic, as captured by the subtitle of the report:  “A New Social Economy Based on Open Platforms, Co-operative Models and the Commons,” hosted by the Commons Strategies Group in Berlin, Germany, on August 27 and 28, 2014. The workshop was supported by the Heinrich Böll Foundation, with assistance with the Charles Léopold Mayer Foundation of France. 

Below, the Introduction to the report followed by the Contents page. You can download a pdf of the full report (28 pages) here. The entire report is licensed under a Creative Commons Attribution-ShareAlike (BY-SA) 3.0 license, so feel free to re-post it.

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The 4th International Degrowth Conference: New Convergences

In a sign of the growing convergence of alternative economic movements, the Degrowth movement’s fourth international conference in Leipzig, Germany, last week attracted more than 2,700 people.  While a large portion of the conference included academics presenting formal papers, there were also large contingents of activists from commons networks, cooperatives, the Social and Solidarity Economy movement, Transition Town participants, the “sharing economy,” and peer production. 

By my rough calculation from browsing the conference program, there were more than 350 separate panels over the course of five days. Topics ranged from all sorts of economic topics (free trade, business models for degrowth, GDP and happiness) to alternative approaches to building a new world (Ivan Illich’s “convivial society,” permaculture, cooperatives, edible forest gardens). 

Degrowth?  For most Americans, the idea of a movement dedicated to non-growth, let alone one that can attract so many people, is incomprehensible.  But in many parts of Europe and the global South, people see the invention of new socio-economic forms of production and sharing as critical, especially if we are going to address climate change and social inequality. 

Some degrowth activists are a bit defensive about the term degrowth because, in English, it sounds so negative and culturally provocative.  (The French term décroissance, meaning “reduction,” is apparently far less jarring than its literal transation as “degrowth.”)  One speaker at the conference conceded this fact, slyly noting, “But unlike other movements, it will be exceedingly hard for opponents to co-opt the term ‘degrowth’”!

In a 2013 paper, “What is Degrowth:  From an Activist Slogan to a Social Movement” (pdf), Frederico Demaria et al. write:  “”’Degrowth’ became an interpretive frame for a new (and old) social movement where numerous streams of critical ideas and political actions converge.  It is an attempt to re-politicise debates about desired socio-environmental futures and an example of an activist-led science now consolidating into a concept in academic literature.”  A new beachhead of this academic inquiry is a book Degrowth:  A Vocabulary for a New Era, due out in November.

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The Psychology of Negotiations in Commons

The Leuphana Digital School in Lüneberg, Germany, has announced the start of an online course on the psychology of negotiations in commons, which will run from May 20 to August 20.  “Psychology of Negotiations:  Reaching Sustainable Agreements in Negotiations on Commons” will be led by Professor Dr. Roman Trötschel, and introduce participants to a psychological approach to negotiations in the context of commons. 

Anyone with an Internet connection can participate.  After successful completion of the course, participants may obtain a university certificate for a nominal fee of 20 euros, which grants participants five credit points that they can transfer towards their own degree program.  Here is a short video outlining the scope of the course.

Upcoming Conferences on the Commons

There are a number of upcoming conferences focusing on various sorts of commons.  For those of you with a passionate interest in any of the following, check out these four gatherings in coming months:

A Virtual Town Hall for the Great Lakes Commons, March 18

What would happen if the Great Lakes in North America were managed on principles and practices that empower communities to become stewards of the water?  What if decisionmaking was local and collective? To discuss these themes, several organizations are convening the first webinar in a series, “Protect the Great Lakes Forever Virtual Town Halls.”  This first one will take place on March 18 from noon to 1 pm ET. For more information, visit here.  Or check out the Facebook invite

The event is convened by Alexa Bradley (Program Director for On the Commons), Sue Chiblow (Environmental Consultant for the Mississauga First Nation) and Jim Olson (Founder and Chair of FLOW for Water). Emma Lui (Water Campaigner for the Council of Canadians) will be moderator.  The organizers want to use the commons to “prioritize the basic needs of communities, the rights of indigenous peoples and the sustainability of the land,” noting that “the lens of the commons can act as a political framework for many Great Lakes issues including extreme energy projects, bottled water extraction, invasive species and pollution.”

Knowledge Commons Conference in September

Make plans now to attend the International Association for the Study of Commons’ second Thematic Conference on Knowledge Commons, to be held at NYU’s Engelberg Center on Innovation, Law and Policy, from September 5 to 7, 2014. 

The interdisciplinary conference seeks “to better understand how knowledge commons work, where they come from, what contributes to their durability and effectiveness, and what undermines them.”  This year, the focus will be on “Governing Pooled Knowledge Resources, with special attention to the fields of medicine and the environment.” 

Keynote talks will be given by Yochai Benkler (Harvard Law School), Eric von Hippel (MIT Sloan School of Management), and Michael McGinnis (Political Science, Indiana University, Bloomington).  Co-chairs of the conference are Katherine Strandburg, NYU School of Law, and Charlie Schweik of the University of Massachusetts, Amherst. More information at the conference website.  

CommonsFest in Greece To Explore Peer to Peer Civilization

CommonsFest is an initiative to "promote freedom of knowledge (or free knowledge) and peer-to-peer collaboration for the creation and management of the commons." The focus of CommonsFest will be on “the emergence of the peer to peer civilization and political economy.” Festival organizers explain that peer production "has spread through free software communities and extends to many aspects of our daily lives, such as the arts, governance, construction of machinery, tools and other goods. Through an exhibition, talks, screenings and workshops, the aim of the festival is to promote the achievements of this philosophy to the public and become a motive for further adoption."

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Report on the Economics and Commons Conference Just Published

The co-organizers of the Economics and the Commons Conference (ECC) held in Berlin have just released an 80-page report (pdf file) that distills the highlights of that landmark gathering in May 2013. The conference brought together researchers, practitioners and advocates from around the world to explore the relationship of conventional economics and the commons. 

Discussion focused on several key themes: 

·      The commons as a way to move beyond conventional economics;

·      Alternative economic and provisioning models;

·      The transformations needed to move to a new type of economy.

The report consists of abbreviated versions of all ten keynote talks; brief summaries of the stream discussions; short overviews of each of the side events (with contact information for the hosts); a guide to the wiki resources on commons and economics; and an account of the Francophone network of commoners.  Videos of the keynote talks have been posted here, and as noted yesterdayRemix the Commons is releasing a series of video interviews that it conducted during the conference. 

The ECC Report also includes some final reflections by the Commons Strategies Group on the event’s significance for the commons movement.  We look back at the 2010 International Commons Conference and consider some of the ways in which our efforts have matured, and at some of the challenges that we face in the years ahead.

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Remix the Commons Showcases Voices from Berlin Conference

Remix the Commons is a terrific collaborative multimedia project that works hard to document the commons movement and reach out to general public with stylish, intelligent productions. It was one of the partners at the Economics and the Commons Conference (ECC) in Berlin in May 2013.  While the rest of the conference was swirling along, Alain Ambrosi, Frédérc Sultan and their associates spent three days in a makeshift studio filming dozens of interviews with participants at the conference. It was a kind of parallel conference within a conference.  Now, finally, the fruits of that work are available online.  And what a rich body of material it is!

Remix has released fifty new short interviews as part of its ongoing series, “Define the Commons.”  Like the previous videos in the series, this batch consists of one- to two-minute interviews with commoners from around the world.  Each gives his or her own personal definition of what the commons is.  I loved hearing the different voices and ideas.  The opening blend of multilingual voices all speaking at once but resolving into a resonant bell is a beautiful metaphor.

The Remix videos series also include some longer roundtable interviews in which commoners focus on a shared theme.  One such roundtable was an interview with the Commons Strategies Group, which consists of my colleagues Michel Bauwens, Silke Helfrich and me.  Our interview, conducted the day after the conference concluded, focused on several questions:  how the 2013 commons conference differed from the previous one in November 2010; what single insight or theme stood out for each of us; our reactions to the strong interest at ECC in using the commons as part of power and political struggles; our predictions for the future of the international commons movement; and our advice for existing and future commoners.  Here is the link to our 26-minute video interview.  

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