James Boyle: The Public Domain: Enclosing the Commons of the Mind (2008)

In this enlightening book, James Boyle describes what he calls the range wars of the information age – today’s heated battles over intellectual property. Boyle argues that just as every informed citizen needs to know at least something about the environment or civil rights, every citizen should also understand intellectual property law. Why? Because intellectual property rights mark out the ground rules of the information society, and today’s policies are unbalanced, unsupported by evidence, and often detrimental to cultural access, free speech, digital creativity, and scientific innovation. Boyle identifies as a major problem the widespread failure to understand the importance of the public domain – the realm of material that everyone is free to use and share without permission or fee. The public domain is as vital to innovation and culture as the realm of material protected by intellectual property rights, he asserts, and he calls for a movement akin to the environmental movement to preserve it. With a clear analysis of issues ranging from Jefferson’s philosophy of innovation to musical sampling, synthetic biology and Internet file sharing, this timely book brings a positive new perspective to important cultural and legal debates. If we continue to enclose the ‘commons of the mind’, Boyle argues, we will all be the poorer.

Publisher Yale University Press, 2008
Creative Commons Attribution-Noncommercial-Share Alike 3.0 License.
ISBN 0300137400, 9780300137408
Length 315 pages

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Matteo Pasquinelli: Animal Spirits: A Bestiary of the Commons (2008)

“After a decade of digital fetishism, the spectres of the financial and energy crisis have also affected new media culture and brought into question the autonomy of networks. Yet activism and the art world still celebrate Creative Commons and the ‘creative cities’ as the new ideals for the Internet generation. Unmasking the animal spirits of the commons, Matteo Pasquinelli identifies the key social conflicts and business models at work behind the rhetoric of Free Culture. The corporate parasite infiltrating file-sharing networks, the hydra of gentrification in ‘creative cities’ such as Berlin and the bicephalous nature of the Internet with its pornographic underworld are three untold dimensions of contemporary ‘politics of the common’. Against the latent puritanism of authors like Baudrillard and Žižek, constantly quoted by both artists and activists, Animal Spirits draws a conceptual ‘book of beasts’. In a world system shaped by a turbulent stock market, Pasquinelli unleashes a politically incorrect grammar for the coming generation of the new commons.”

Published by NAi Publishers, Rotterdam / Institute of Network Cultures, Amsterdam, December 2008.
ISBN 9056626639, 9789056626631
240 pages

Reviews: Luciana Parisi (Mute, 2009), Willem van Weelden (Open, 2009), Jussi Parikka (Leonardo, 2009), McKenzie Wark (Public Seminar, 2015).

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John Logie: Peers, Pirates, and Persuasion: Rhetoric in the Peer-to-peer Debates (2006)

Peers, Pirates, and Persuasion: Rhetoric in the Peer-to-peer Debates investigates the role of rhetoric in shaping public perceptions about a novel technology: peer-to-peer file-sharing networks. While broadband Internet services now allow speedy transfers of complex media files, Americans face real uncertainty about whether peer-to-peer file sharing is or should be legal. John Logie analyzes the public arguments growing out of more than five years of debate sparked by the advent of Napster, the first widely adopted peer-to-peer technology. The debate continues with the second wave of peer-to-peer file transfer utilities like Limewire, KaZaA, and BitTorrent. With Peers, Pirates, and Persuasion, Logie joins the likes of Lawrence Lessig, Siva Vaidhyanathan, Jessica Litman, and James Boyle in the ongoing effort to challenge and change current copyright law so that it fulfills its purpose of fostering creativity and innovation while protecting the rights of artists in an attention economy. Logie examines metaphoric frames-warfare, theft, piracy, sharing, and hacking, for example-that dominate the peer-to-peer debates and demonstrably shape public policy on the use and exchange of digital media. PEERS, PIRATES, AND PERSUASION identifies the Napster case as a failed opportunity for a productive national discussion on intellectual property rights and responsibilities in digital environments. Logie closes by examining the U.S. Supreme Court’s ruling in the “Grokster” case, in which leading peer-to-peer companies were found to be actively inducing copyright infringement. The Grokster case, Logie contends, has already produced the chilling effects that will stifle the innovative spirit at theheart of the Internet and networked communities. ABOUT THE AUTHOR John Logie is Associate Professor of Rhetoric at the University of Minnesota.

Publisher Parlor Press, 2006
Creative Commons Attribution-NonCommerical-NoDerivs 2.5 License
ISBN 1602350051, 9781602350052
164 pages

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