Adema
The Ethics of Emergent Creativity: Can We Move Beyond Writing as Human Enterprise, Commodity and Innovation?
2019


# 3\. The Ethics of Emergent Creativity: Can We Move Beyond Writing as Human
Enterprise, Commodity and Innovation?

Janneke Adema

© 2019 Janneke Adema, CC BY 4.0
[https://doi.org/10.11647/OBP.0159.03](https://doi.org/10.11647/OBP.0159.03)

In 2013, the Authors’ Licensing & Collecting Society
(ALCS)[1](ch3.xhtml#footnote-152) commissioned a survey of its members to
explore writers’ earnings and contractual issues in the UK. The survey, the
results of which were published in the summary booklet ‘What Are Words Worth
Now?’, was carried out by Queen Mary, University of London. Almost 2,500
writers — from literary authors to academics and screenwriters — responded.
‘What Are Words Worth Now?’ summarises the findings of a larger study titled
‘The Business Of Being An Author: A Survey Of Authors’ Earnings And
Contracts’, carried out by Johanna Gibson, Phillip Johnson and Gaetano Dimita
and published in April 2015 by Queen Mary University of
London.[2](ch3.xhtml#footnote-151) The ALCS press release that accompanies the
study states that this ‘shocking’ new research into authors’ earnings finds a
‘dramatic fall, both in incomes, and the number of those working full-time as
writers’.[3](ch3.xhtml#footnote-150) Indeed, two of the main findings of the
study are that, first of all, the income of a professional author (which the
research defines as those who dedicate the majority of their time to writing)
has dropped 29% between 2005 and 2013, from £12,330 (£15,450 in real terms) to
just £11,000. Furthermore, the research found that in 2005 40% of professional
authors earned their incomes solely from writing, where in 2013 this figure
had dropped to just 11.5%.[4](ch3.xhtml#footnote-149)

It seems that one of the primary reasons for the ALCS to conduct this survey
was to collect ‘accurate, independent data’ on writers’ earnings and
contractual issues, in order for the ALCS to ‘make the case for authors’
rights’ — at least, that is what the ALCS Chief Executive Owen Atkinson writes
in the introduction accompanying the survey, which was sent out to all ALCS
members.[5](ch3.xhtml#footnote-148) Yet although this research was conducted
independently and the researchers did not draw conclusions based on the data
collected — in the form of policy recommendations for example — the ALCS did
frame the data and findings in a very specific way, as I will outline in what
follows; this framing includes both the introduction to the survey and the
press release that accompanies the survey’s findings. Yet to some extent this
framing, as I will argue, is already apparent in the methodology used to
produce the data underlying the research report.

First of all, let me provide an example of how the research findings have been
framed in a specific way. Chief Executive Atkinson mentions in his
introduction to the survey that the ALCS ‘exists to ensure that writers are
treated fairly and remunerated appropriately’. He continues that the ALCS
commissioned the survey to collect ‘accurate, independent data,’ in order to
‘make the case for writers’ rights’.[6](ch3.xhtml#footnote-147) Now this focus
on rights in combination with remuneration is all the more noteworthy if we
look at an earlier ALCS funded report from 2007, ‘Authors’ Earnings from
Copyright and Non-Copyright Sources: a Survey of 25,000 British and German
Writers’. This report is based on the findings of a 2006 writers’ survey,
which the 2013 survey updates. The 2007 report argues conclusively that
current copyright law has empirically failed to ensure that authors receive
appropriate reward or remuneration for the use of their
work.[7](ch3.xhtml#footnote-146) The data from the subsequent 2013 survey show
an even bleaker picture as regards the earnings of writers. Yet Atkinson
argues in the press release accompanying the findings of the 2013 survey that
‘if writers are to continue making their irreplaceable contribution to the UK
economy, they need to be paid fairly for their work. This means ensuring
clear, fair contracts with equitable terms and a copyright regime that support
creators and their ability to earn a living from their
creations’.[8](ch3.xhtml#footnote-145) Atkinson does not outline what this
copyright regime should be, nor does he draw attention to how this model could
be improved. More importantly, the fact that a copyright model is needed to
ensure fair pay stands uncontested for Atkinson and the ALCS — not surprising
perhaps, as protecting and promoting the rights of authors is the primary
mission of this member society. If there is any culprit to be held responsible
for the study’s ‘shocking’ findings, it is the elusive and further undefined
notion of ‘the digital’. According to Atkinson, digital technology is
increasingly challenging the mission of the ALCS to ensure fair remuneration
for writers, since it is ‘driving new markets and leading the copyright
debate’.[9](ch3.xhtml#footnote-144) The 2013 study is therefore, as Atkinson
states ‘the first to capture the impact of the digital revolution on writers’
working lives’.[10](ch3.xhtml#footnote-143) This statement is all the more
striking if we take into consideration that none of the questions in the 2013
survey focus specifically on digital publishing.[11](ch3.xhtml#footnote-142)
It therefore seems that — despite earlier findings — the ALCS has already
decided in advance what ‘the digital’ is and that a copyright regime is the
only way to ensure fair remuneration for writers in a digital context.

## Creative Industries

This strong uncontested link between copyright and remuneration can be traced
back to various other aspects of the 2015 report and its release. For example,
the press release draws a strong connection between the findings of the report
and the development of the creative industries in the UK. Again, Atkinson
states in the press release:

These are concerning times for writers. This rapid decline in both author
incomes and in the numbers of those writing full-time could have serious
implications for the economic success of the creative industries in the
UK.[12](ch3.xhtml#footnote-141)

This connection to the creative industries — ‘which are now worth £71.4
billion per year to the UK economy’,[13](ch3.xhtml#footnote-140) Atkinson
points out — is not surprising where the discourse around creative industries
maintains a clear bond between intellectual property rights and creative
labour. As Geert Lovink and Ned Rossiter state in their MyCreativity Reader,
the creative industries consist of ‘the generation and exploitation of
intellectual property’.[14](ch3.xhtml#footnote-139) Here they refer to a
definition created as part of the UK Government’s Creative Industries Mapping
Document,[15](ch3.xhtml#footnote-138) which states that the creative
industries are ‘those industries which have their origin in individual
creativity, skill and talent and which have a potential for wealth and job
creation through the generation and exploitation of intellectual property’.
Lovink and Rossiter point out that the relationship between IP and creative
labour lies at the basis of the definition of the creative industries where,
as they argue, this model of creativity assumes people only create to produce
economic value. This is part of a larger trend Wendy Brown has described as
being quintessentially neoliberal, where ‘neoliberal rationality disseminates
the model of the market to all domains and activities’ — and this includes the
realm of politics and rights.[16](ch3.xhtml#footnote-137) In this sense the
economization of culture and the concept of creativity is something that has
become increasingly embedded and naturalised. The exploitation of intellectual
property stands at the basis of the creative industries model, in which
cultural value — which can be seen as intricate, complex and manifold —
becomes subordinated to the model of the market; it becomes economic
value.[17](ch3.xhtml#footnote-136)

This direct association of cultural value and creativity with economic value
is apparent in various other facets of the ALCS commissioned research and
report. Obviously, the title of the initial summary booklet, as a form of
wordplay, asks ‘What are words worth?’. It becomes clear from the context of
the survey that the ‘worth’ of words will only be measured in a monetary
sense, i.e. as economic value. Perhaps even more important to understand in
this context, however, is how this economic worth of words is measured and
determined by focusing on two fixed and predetermined entities in advance.
First of all, the study focuses on individual human agents of creativity (i.e.
creators contributing economic value): the value of writing is established by
collecting data and making measurements at the level of individual authorship,
addressing authors/writers as singular individuals throughout the survey.
Secondly, economic worth is further determined by focusing on the fixed and
stable creative objects authors produce, in other words the study establishes
from the outset a clear link between the worth and value of writing and
economic remuneration based on individual works of
writing.[18](ch3.xhtml#footnote-135) Therefore in this process of determining
the economic worth of words, ‘writers’ and/or ‘authors’ are described and
positioned in a certain way in this study (i.e. as the central agents and
originators of creative objects), as is the form their creativity takes in the
shape of quantifiable outputs or commodities. The value of both these units of
measurement (the creator and the creative objects) are then set off against
the growth of the creative industries in the press release.

The ALCS commissioned survey provides some important insights into how
authorship, cultural works and remuneration — and ultimately, creativity — is
currently valued, specifically in the context of the creative industries
discourse in the UK. What I have tried to point out — without wanting to
downplay the importance either of writers receiving fair remuneration for
their work or of issues related to the sustainability of creative processes —
is that the findings from this survey have both been extracted and
subsequently framed based on a very specific economic model of creativity (and
authorship). According to this model, writing and creativity are sustained
most clearly by an individual original creator (an author) who extracts value
from the work s/he creates and distributes, aided by an intellectual property
rights regime. As I will outline more in depth in what follows, the enduring
liberal and humanist presumptions that underlie this survey continuously
reinforce the links between the value of writing and established IP and
remuneration regimes, and support a vision in which authorship and creativity
are dependent on economic incentives and ownership of works. By working within
this framework and with these predetermined concepts of authorship and
creativity (and ‘the digital’) the ALCS is strongly committed to the upkeep of
a specific model and discourse of creativity connected to the creative
industries. The ALCS does not attempt to complicate this model, nor does it
search for alternatives even when, as the 2007 report already implies, the
existing IP model has empirically failed to support the remuneration of
writers appropriately.

I want to use this ALCS survey as a reference point to start problematising
existing constructions of creativity, authorship, ownership, and
sustainability in relation to the ethics of publishing. To explore what ‘words
are worth’ and to challenge the hegemonic liberal humanist model of creativity
— to which the ALCS adheres — I will examine a selection of theoretical and
practical publishing and writing alternatives, from relational and posthuman
authorship to radical open access and uncreative writing. These alternatives
do not deny the importance of fair remuneration and sustainability for the
creative process; however, they want to foreground and explore creative
relationalities that move beyond the individual author and her ownership of
creative objects as the only model to support creativity and cultural
exchange. By looking at alternatives while at the same time complicating the
values and assumptions underlying the dominant narrative for IP expansion, I
want to start imagining what more ethical, fair and emergent forms of
creativity might entail. Forms that take into consideration the various
distributed and entangled agencies involved in the creation of cultural
content — which are presently not being included in the ALCS survey on fair
remuneration, for example. As I will argue, a reconsideration of the liberal
and humanist model of creativity might actually create new possibilities to
consider the value of words, and with that perhaps new solutions to the
problems pointed out in the ALCS study.

## Relational and Distributed Authorship

One of the main critiques of the liberal humanist model of authorship concerns
how it privileges the author as the sole source and origin of creativity. Yet
the argument has been made, both from a historical perspective and in relation
to today’s networked digital environment, that authorship and creativity, and
with that the value and worth of that creativity, are heavily
distributed.[19](ch3.xhtml#footnote-134) Should we therefore think about how
we can distribute notions of authorship and creativity more ethically when
defining the worth and value of words too? Would this perhaps mean a more
thorough investigation of what and who the specific agencies involved in
creative production are? This seems all the more important given that, today,
‘the value of words’ is arguably connected not to (distributed) authors or
creative agencies, but to rights holders (or their intermediaries such as
agents).[20](ch3.xhtml#footnote-133) From this perspective, the problem with
the copyright model as it currently functions is that the creators of
copyright don’t necessarily end up benefiting from it — a point that was also
implied by the authors of the 2007 ALCS commissioned report. Copyright
benefits rights holders, and rights holders are not necessarily, and often not
at all, involved in the production of creative work.

Yet copyright and the work as object are knit tightly to the authorship
construct. In this respect, the above criticism notwithstanding, in a liberal
vision of creativity and ownership the typical unit remains either the author
or the work. This ‘solid and fundamental unit of the author and the work’ as
Foucault has qualified it, albeit challenged, still retains a privileged
position.[21](ch3.xhtml#footnote-132) As Mark Rose argues, authorship — as a
relatively recent cultural formation — can be directly connected to the
commodification of writing and to proprietorship. Even more it developed in
tandem with the societal principle of possessive individualism, in which
individual property rights are protected by the social
order.[22](ch3.xhtml#footnote-131)

Some of the more interesting recent critiques of these constructs of
authorship and proprietorship have come from critical and feminist legal
studies, where scholars such as Carys Craig have started to question these
connections further. As Craig, Turcotte and Coombe argue, IP and copyright are
premised on liberal and neoliberal assumptions and constructs, such as
ownership, private rights, self-interest and
individualism.[23](ch3.xhtml#footnote-130) In this sense copyright,
authorship, the work as object, and related discourses around creativity
continuously re-establish and strengthen each other as part of a self-
sustaining system. We have seen this with the discourse around creative
industries, as part of which economic value comes to stand in for the creative
process itself, which, according to this narrative, can only be sustained
through an IP regime. Furthermore, from a feminist new materialist position,
the current discourse on creativity is very much a material expression of
creativity rather than merely its representation, where this discourse has
been classifying, constructing, and situating creativity (and with that,
authorship) within a neoliberal framework of creative industries.

Moving away from an individual construct of creativity therefore immediately
affects the question of the value of words. In our current copyright model
emphasis lies on the individual original author, but in a more distributed
vision the value of words and of creative production can be connected to a
broader context of creative agencies. Historically there has been a great
discursive shift from a valuing of imitation or derivation to a valuing of
originality in determining what counts as creativity or creative output.
Similar to Rose, Craig, Turcotte and Coombe argue that the individuality and
originality of authorship in its modern form established a simple route
towards individual ownership and the propertisation of creative achievement:
the original work is the author’s ownership whereas the imitator or pirate is
a trespasser of thief. In this sense original authorship is
‘disproportionately valued against other forms of cultural expression and
creative play’, where copyright upholds, maintains and strengthens the binary
between imitator and creator — defined by Craig, Turcotte and Coombe as a
‘moral divide’.[24](ch3.xhtml#footnote-129) This also presupposes a notion of
creativity that sees individuals as autonomous, living in isolation from each
other, ignoring their relationality. Yet as Craig, Turcotte and Coombe argue,
‘the act of writing involves not origination, but rather the adaptation,
derivation, translation and recombination of “raw material” taken from
previously existing texts’.[25](ch3.xhtml#footnote-128) This position has also
been explored extensively from within remix studies and fan culture, where the
adaptation and remixing of cultural content stands at the basis of creativity
(what Lawrence Lessig has called Read/Write culture, opposed to Read/Only
culture).[26](ch3.xhtml#footnote-127) From the perspective of access to
culture — instead of ownership of cultural goods or objects — one could also
argue that its value would increase when we are able to freely distribute it
and with that to adapt and remix it to create new cultural content and with
that cultural and social value — this within a context in which, as Craig,
Turcotte and Coombe point out, ‘the continuous expansion of intellectual
property rights has produced legal regimes that restrict access and downstream
use of information resources far beyond what is required to encourage their
creation’[27](ch3.xhtml#footnote-126)

To move beyond Enlightenment ideals of individuation, detachment and unity of
author and work, which determine the author-owner in the copyright model,
Craig puts forward a post-structuralist vision of relational authorship. This
sees the individual as socially situated and constituted — based also on
feminist scholarship into the socially situated self — where authorship in
this vision is situated within the communities in which it exists, but also in
relation to the texts and discourses that constitute it. Here creativity takes
place from within a network of social relations and the social dimensions of
authorship are recognised, as connectivity goes hand in hand with individual
autonomy. Craig argues that copyright should not be defined out of clashing
rights and interests but should instead focus on the kinds of relationships
this right would structure; it should be understood in relational terms: ‘it
structures relationships between authors and users, allocating powers and
responsibilities amongst members of cultural communities, and establishing the
rules of communication and exchange’.[28](ch3.xhtml#footnote-125) Cultural
value is then defined within these relationships.

## Open Access and the Ethics of Care

Craig, Turcotte and Coombe draw a clear connection between relational
authorship, feminism and (the ideals of) the open access movement, where as
they state, ‘rather than adhering to the individuated form of authorship that
intellectual property laws presuppose, open access initiatives take into
account varying forms of collaboration, creativity and
development’.[29](ch3.xhtml#footnote-124) Yet as I and others have argued
elsewhere,[30](ch3.xhtml#footnote-123) open access or open access publishing
is not a solid ideological block or model; it is made up of disparate groups,
visions and ethics. In this sense there is nothing intrinsically political or
democratic about open access, practitioners of open access can just as well be
seen to support and encourage open access in connection with the neoliberal
knowledge economy, with possessive individualism — even with CC licenses,
which can be seen as strengthening individualism —[31](ch3.xhtml#footnote-122)
and with the unity of author and work.[32](ch3.xhtml#footnote-121)

Nevertheless, there are those within the loosely defined and connected
‘radical open access community’, that do envision their publishing outlook and
relationship towards copyright, openness and authorship within and as part of
a relational ethics of care.[33](ch3.xhtml#footnote-120) For example Mattering
Press, a scholar-led open access book publishing initiative founded in 2012
and launched in 2016, publishes in the field of Science and Technology Studies
(STS) and works with a production model based on cooperation and shared
scholarship. As part of its publishing politics, ethos and ideology, Mattering
Press is therefore keen to include various agencies involved in the production
of scholarship, including ‘authors, reviewers, editors, copy editors, proof
readers, typesetters, distributers, designers, web developers and
readers’.[34](ch3.xhtml#footnote-119) They work with two interrelated feminist
(new materialist) and STS concepts to structure and perform this ethos:
mattering[35](ch3.xhtml#footnote-118) and care.[36](ch3.xhtml#footnote-117)
Where it concerns mattering, Mattering Press is conscious of how their
experiment in knowledge production, being inherently situated, puts new
relationships and configurations into the world. What therefore matters for
them are not so much the ‘author’ or the ‘outcome’ (the object), but the
process and the relationships that make up publishing:

[…] the way academic texts are produced matters — both analytically and
politically. Dominant publishing practices work with assumptions about the
conditions of academic knowledge production that rarely reflect what goes on
in laboratories, field sites, university offices, libraries, and various
workshops and conferences. They tend to deal with almost complete manuscripts
and a small number of authors, who are greatly dependent on the politics of
the publishing industry.[37](ch3.xhtml#footnote-116)

For Mattering Press care is something that extends not only to authors but to
the many other actants involved in knowledge production, who often provide
free volunteer labour within a gift economy context. As Mattering Press
emphasises, the ethics of care ‘mark vital relations and practices whose value
cannot be calculated and thus often goes unacknowledged where logics of
calculation are dominant’.[38](ch3.xhtml#footnote-115) For Mattering Press,
care can help offset and engage with the calculative logic that permeates
academic publishing:

[…] the concept of care can help to engage with calculative logics, such as
those of costs, without granting them dominance. How do we calculate so that
calculations do not dominate our considerations? What would it be to care for
rather than to calculate the cost of a book? This is but one and arguably a
relatively conservative strategy for allowing other logics than those of
calculation to take centre stage in publishing.[39](ch3.xhtml#footnote-114)

This logic of care refers, in part, to making visible the ‘unseen others’ as
Joe Deville (one of Mattering Press’s editors) calls them, who exemplify the
plethora of hidden labour that goes unnoticed within this object and author-
focused (academic) publishing model. As Endre Danyi, another Mattering Press
editor, remarks, quoting Susan Leigh Star: ‘This is, in the end, a profoundly
political process, since so many forms of social control rely on the erasure
or silencing of various workers, on deleting their work from representations
of the work’.[40](ch3.xhtml#footnote-113)

## Posthuman Authorship

Authorship is also being reconsidered as a polyvocal and collaborative
endeavour by reflecting on the agentic role of technology in authoring
content. Within digital literature, hypertext and computer-generated poetry,
media studies scholars have explored the role played by technology and the
materiality of text in the creation process, where in many ways writing can be
seen as a shared act between reader, writer and computer. Lori Emerson
emphasises that machines, media or technology are not neutral in this respect,
which complicates the idea of human subjectivity. Emerson explores this
through the notion of ‘cyborg authorship’, which examines the relation between
machine and human with a focus on the potentiality of in-
betweenness.[41](ch3.xhtml#footnote-112) Dani Spinosa talks about
‘collaboration with an external force (the computer, MacProse, technology in
general)’.[42](ch3.xhtml#footnote-111) Extending from the author, the text
itself, and the reader as meaning-writer (and hence playing a part in the
author function), technology, she states, is a fourth term in this
collaborative meaning-making. As Spinosa argues, in computer-generated texts
the computer is more than a technological tool and becomes a co-producer,
where it can occur that ‘the poet herself merges with the machine in order to
place her own subjectivity in flux’.[43](ch3.xhtml#footnote-110) Emerson calls
this a ‘break from the model of the poet/writer as divinely inspired human
exemplar’, which is exemplified for her in hypertext, computer-generated
poetry, and digital poetry.[44](ch3.xhtml#footnote-109)

Yet in many ways, as Emerson and Spinosa also note, these forms of posthuman
authorship should be seen as part of a larger trend, what Rolf Hughes calls an
‘anti-authorship’ tradition focused on auto-poesis (self-making), generative
systems and automatic writing. As Hughes argues, we see this tradition in
print forms such as Oulipo and in Dada experiments and surrealist games
too.[45](ch3.xhtml#footnote-108) But there are connections here with broader
theories that focus on distributed agency too, especially where it concerns
the influence of the materiality of the text. Media theorists such as N.
Katherine Hayles and Johanna Drucker have extensively argued that the
materiality of the page is entangled with the intentionality of the author as
a further agency; Drucker conceptualises this through a focus on ‘conditional
texts’ and ‘performative materiality’ with respect to the agency of the
material medium (be it the printed page or the digital
screen).[46](ch3.xhtml#footnote-107)

Where, however, does the redistribution of value creation end in these
narratives? As Nick Montfort states with respect to the agency of technology,
‘should other important and inspirational mechanisms — my CD player, for
instance, and my bookshelves — get cut in on the action as
well?’[47](ch3.xhtml#footnote-106) These distributed forms of authorship do
not solve issues related to authorship or remuneration but further complicate
them. Nevertheless Montfort is interested in describing the processes involved
in these types of (posthuman) co-authorship, to explore the (previously
unexplored) relationships and processes involved in the authoring of texts
more clearly. As he states, this ‘can help us understand the role of the
different participants more fully’.[48](ch3.xhtml#footnote-105) In this
respect a focus on posthuman authorship and on the various distributed
agencies that play a part in creative processes is not only a means to disrupt
the hegemonic focus on a romantic single and original authorship model, but it
is also about a sensibility to (machinic) co-authorship, to the different
agencies involved in the creation of art, and playing a role in creativity
itself. As Emerson remarks in this respect: ‘we must be wary of granting a
(romantic) specialness to human intentionality — after all, the point of
dividing the responsibility for the creation of the poems between human and
machine is to disrupt the singularity of human identity, to force human
identity to intermingle with machine identity’.[49](ch3.xhtml#footnote-104)

## Emergent Creativity

This more relational notion of rights and the wider appreciation of the
various (posthuman) agencies involved in creative processes based on an ethics
of care, challenges the vision of the single individualised and original
author/owner who stands at the basis of our copyright and IP regime — a vision
that, it is worth emphasising, can be seen as a historical (and Western)
anomaly, where collaborative, anonymous, and more polyvocal models of
authorship have historically prevailed.[50](ch3.xhtml#footnote-103) The other
side of the Foucauldian double bind, i.e. the fixed cultural object that
functions as a commodity, has however been similarly critiqued from several
angles. As stated before, and as also apparent from the way the ALCS report
has been framed, currently our copyright and remuneration regime is based on
ownership of cultural objects. Yet as many have already made clear, this
regime and discourse is very much based on physical objects and on a print-
based context.[51](ch3.xhtml#footnote-102) As such the idea of ‘text’ (be it
print or digital) has not been sufficiently problematised as versioned,
processual and materially changing within an IP context. In other words, text
and works are mostly perceived as fixed and stable objects and commodities
instead of material and creative processes and entangled relationalities. As
Craig et al. state, ‘the copyright system is unfortunately employed to
reinforce the norms of the analog world’.[52](ch3.xhtml#footnote-101) In
contrast to a more relational perspective, the current copyright regime views
culture through a proprietary lens. And it is very much this discursive
positioning, or as Craig et al. argue ‘the language of “ownership,”
“property,” and “commodity”’, which ‘obfuscates the nature of copyright’s
subject matter, and cloaks the social and cultural conditions of its
production and the implications of its
protection’.[53](ch3.xhtml#footnote-100) How can we approach creativity in
context, as socially and culturally situated, and not as the free-standing,
stable product of a transcendent author, which is very much how it is being
positioned within an economic and copyright framework? This hegemonic
conception of creativity as property fails to acknowledge or take into
consideration the manifold, distributed, derivative and messy realities of
culture and creativity.

It is therefore important to put forward and promote another more emergent
vision of creativity, where creativity is seen as both processual and only
ever temporarily fixed, and where the work itself is seen as being the product
of a variety of (posthuman) agencies. Interestingly, someone who has written
very elaborately about a different form of creativity relevant to this context
is one of the authors of the ALCS commissioned report, Johanna Gibson. Similar
to Craig, who focuses on the relationality of copyright, Gibson wants to pay
more attention to the networking of creativity, moving it beyond a focus on
traditional models of producers and consumers in exchange for a ‘many-to-many’
model of creativity. For Gibson, IP as a system aligns with a corporate model
of creativity, one which oversimplifies what it means to be creative and
measures it against economic parameters alone.[54](ch3.xhtml#footnote-099) In
many ways in policy driven visions, IP has come to stand in for the creative
process itself, Gibson argues, and is assimilated within corporate models of
innovation. It has thus become a synonym for creativity, as we have seen in
the creative industries discourse. As Gibson explains, this simplified model
of creativity is very much a ‘discursive strategy’ in which the creator is
mythologised and output comes in the form of commodified
objects.[55](ch3.xhtml#footnote-098) In this sense we need to re-appropriate
creativity as an inherently fluid and uncertain concept and practice.

Yet this mimicry of creativity by IP and innovation at the same time means
that any re-appropriation of creativity from the stance of access and reuse is
targeted as anti-IP and thus as standing outside of formal creativity. Other,
more emergent forms of creativity have trouble existing within this self-
defining and sustaining hegemonic system. This is similar to what Craig
remarked with respect to remixed, counterfeit and pirated, and un-original
works, which are seen as standing outside the system. Gibson uses actor
network theory (ANT) as a framework to construct her network-based model of
creativity, where for her ANT allows for a vision that does not fix creativity
within a product, but focuses more on the material relationships and
interactions between users and producers. In this sense, she argues, a network
model allows for plural agencies to be attributed to creativity, including
those of users.[56](ch3.xhtml#footnote-097)

An interesting example of how the hegemonic object-based discourse of
creativity can be re-appropriated comes from the conceptual poet Kenneth
Goldsmith, who, in what could be seen as a direct response to this dominant
narrative, tries to emphasise that exactly what this discourse classifies as
‘uncreative’, should be seen as valuable in itself. Goldsmith points out that
appropriating is creative and that he uses it as a pedagogical method in his
classes on ‘Uncreative Writing’ (which he defines as ‘the art of managing
information and representing it as writing’[57](ch3.xhtml#footnote-096)). Here
‘uncreative writing’ is something to strive for and stealing, copying, and
patchwriting are elevated as important and valuable tools for writing. For
Goldsmith the digital environment has fostered new skills and notions of
writing beyond the print-based concepts of originality and authorship: next to
copying, editing, reusing and remixing texts, the management and manipulation
of information becomes an essential aspect of
creativity.[58](ch3.xhtml#footnote-095) Uncreative writing involves a
repurposing and appropriation of existing texts and works, which then become
materials or building blocks for further works. In this sense Goldsmith
critiques the idea of texts or works as being fixed when asking, ‘if artefacts
are always in flux, when is a historical work determined to be
“finished”?’[59](ch3.xhtml#footnote-094) At the same time, he argues, our
identities are also in flux and ever shifting, turning creative writing into a
post-identity literature.[60](ch3.xhtml#footnote-093) Machines play important
roles in uncreative writing, as active agents in the ‘managing of
information’, which is then again represented as writing, and is seen by
Goldsmith as a bridge between human-centred writing and full-blown
‘robopoetics’ (literature written by machines, for machines). Yet Goldsmith is
keen to emphasise that these forms of uncreative writing are not beholden to
the digital medium, and that pre-digital examples are plentiful in conceptual
literature and poetry. He points out — again by a discursive re-appropriation
of what creativity is or can be — that sampling, remixing and appropriation
have been the norm in other artistic and creative media for decades. The
literary world is lagging behind in this respect, where, despite the
experiments by modernist writers, it continues neatly to delineate avant-garde
from more general forms of writing. Yet as Goldsmith argues the digital has
started to disrupt this distinction again, moving beyond ‘analogue’ notions of
writing, and has fuelled with it the idea that there might be alternative
notions of writing: those currently perceived as
uncreative.[61](ch3.xhtml#footnote-092)

## Conclusion

There are two addendums to the argument I have outlined above that I would
like to include here. First of all, I would like to complicate and further
critique some of the preconceptions still inherent in the relational and
networked copyright models as put forward by Craig et al. and Gibson. Both are
in many ways reformist and ‘responsive’ models. Gibson, for example, does not
want to do away with IP rights, she wants them to develop and adapt to mirror
society more accurately according to a networked model of creativity. For her,
the law is out of tune with its public, and she wants to promote a more
inclusive networked (copy) rights model.[62](ch3.xhtml#footnote-091) For Craig
too, relationalities are established and structured by rights first and
foremost. Yet from a posthuman perspective we need to be conscious of how the
other actants involved in creativity would fall outside such a humanist and
subjective rights model.[63](ch3.xhtml#footnote-090) From texts and
technologies themselves to the wider environmental context and to other
nonhuman entities and objects: in what sense will a copyright model be able to
extend such a network beyond an individualised liberal humanist human subject?
What do these models exclude in this respect and in what sense are they still
limited by their adherence to a rights model that continues to rely on
humanist nodes in a networked or relational model? As Anna Munster has argued
in a talk about the case of the monkey selfie, copyright is based on a logic
of exclusion that does not line up with the assemblages of agentic processes
that make up creativity and creative expression.[64](ch3.xhtml#footnote-089)
How can we appreciate the relational and processual aspects of identity, which
both Craig and Gibson seem to want to promote, if we hold on to an inherently
humanist concept of subjectification, rights and creativity?

Secondly, I want to highlight that we need to remain cautious of a movement
away from copyright and the copyright industries, to a context of free culture
in which free content — and the often free labour it is based upon — ends up
servicing the content industries (i.e. Facebook, Google, Amazon). We must be
wary when access or the narrative around (open) access becomes dominated by
access to or for big business, benefitting the creative industries and the
knowledge economy. The danger of updating and adapting IP law to fit a
changing digital context and to new technologies, of making it more inclusive
in this sense — which is something both Craig and Gibson want to do as part of
their reformative models — is that this tends to be based on a very simplified
and deterministic vision of technology, as something requiring access and an
open market to foster innovation. As Sarah Kember argues, this technocratic
rationale, which is what unites pro-and anti-copyright activists in this
sense, essentially de-politicises the debate around IP; it is still a question
of determining the value of creativity through an economic perspective, based
on a calculative lobby.[65](ch3.xhtml#footnote-088) The challenge here is to
redefine the discourse in such a way that our focus moves away from a dominant
market vision, and — as Gibson and Craig have also tried to do — to emphasise
a non-calculative ethics of relations, processes and care instead.

I would like to return at this point to the ALCS report and the way its
results have been framed within a creative industries discourse.
Notwithstanding the fact that fair remuneration and incentives for literary
production and creativity in general are of the utmost importance, what I have
tried to argue here is that the ‘solution’ proposed by the ALCS does not do
justice to the complexities of creativity. When discussing remuneration of
authors, the ALCS seems to prefer a simple solution in which copyright is seen
as a given, the digital is pointed out as a generalised scapegoat, and
binaries between print and digital are maintained and strengthened.
Furthermore, fair remuneration is encapsulated by the ALCS within an economic
calculative logic and rhetoric, sustained by and connected to a creative
industries discourse, which continuously recreates the idea that creativity
and innovation are one. Instead I have tried to put forward various
alternative visions and practices, from radical open access to posthuman
authorship and uncreative writing, based on vital relationships and on an
ethics of care and responsibility. These alternatives highlight distributed
and relational authorship and/or showcase a sensibility that embraces
posthuman agencies and processual publishing as part of a more complex,
emergent vision of creativity, open to different ideas of what creativity is
and can become. In this vision creativity is thus seen as relational, fluid
and processual and only ever temporarily fixed as part of our ethical decision
making: a decision-making process that is contingent on the contexts and
relationships with which we find ourselves entangled. This involves asking
questions about what writing is and does, and how creativity expands beyond
our established, static, or given concepts, which include copyright and a
focus on the author as a ‘homo economicus’, writing as inherently an
enterprise, and culture as commodified. As I have argued, the value of words,
indeed the economic worth and sustainability of words and of the ‘creative
industries’, can and should be defined within a different narrative. Opening
up from the hegemonic creative industries discourse and the way we perform it
through our writing practices might therefore enable us to explore extended
relationalities of emergent creativity, open-ended publishing processes, and a
feminist ethics of care and responsibility.

This contribution has showcased examples of experimental, hybrid and posthuman
writing and publishing practices that are intervening in this established
discourse on creativity. How, through them, can we start to performatively
explore a new discourse and reconfigure the relationships that underlie our
writing processes? How can the worth of writing be reflected in different
ways?

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adema-pdsc14/>

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(Lueneburg: Centre for Digital Cultures (CDC)),


— and Gary Hall (2013) ‘The Political Nature of the Book: On Artists’ Books
and Radical Open Access’, New Formations 78.1, 138–56,


— and Samuel Moore (2018) ‘Collectivity and Collaboration: Imagining New Forms
of Communality to Create Resilience in Scholar-Led Publishing’, Insights 31.3,


ALCS, Press Release (8 July 2014) ‘What Are Words Worth Now? Not Enough’,


Barad, Karen (2007) Meeting the Universe Halfway: Quantum Physics and the
Entanglement of Matter and Meaning (Durham, N.C., and London: Duke University
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Boon, Marcus (2010) In Praise of Copying (Cambridge, MA: Harvard University
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Brown, Wendy (2015) Undoing the Demos: Neoliberalism’s Stealth Revolution
(Cambridge, MA: MIT Press).

Chartier, Roger (1994) The Order of Books: Readers, Authors, and Libraries in
Europe Between the 14th and 18th Centuries, 1st ed. (Stanford, CA: Stanford
University Press).

Craig, Carys J. (2011) Copyright, Communication and Culture: Towards a
Relational Theory of Copyright Law (Cheltenham, UK, and Northampton, MA:
Edward Elgar Publishing).

— Joseph F. Turcotte, and Rosemary J. Coombe (2011) ‘What’s Feminist About
Open Access? A Relational Approach to Copyright in the Academy’, Feminists@law
1.1,

Cramer, Florian (2013) Anti-Media: Ephemera on Speculative Arts (Rotterdam and
New York, NY: nai010 publishers).

Drucker, Johanna (2015) ‘Humanist Computing at the End of the Individual Voice
and the Authoritative Text’, in Patrik Svensson and David Theo Goldberg
(eds.), Between Humanities and the Digital (Cambridge, MA: MIT Press), pp.
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— (2014) ‘Distributed and Conditional Documents: Conceptualizing
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Materialidades da Literatura 2.1, 11–29.

— (2013) ‘Performative Materiality and Theoretical Approaches to Interface’,
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Ede, Lisa, and Andrea A. Lunsford (2001) ‘Collaboration and Concepts of
Authorship’, PMLA 116.2, 354–69.

Emerson, Lori (2008) ‘Materiality, Intentionality, and the Computer-Generated
Poem: Reading Walter Benn Michaels with Erin Moureacute’s Pillage Land’, ESC:
English Studies in Canada 34, 45–69.

— (2003) ‘Digital Poetry as Reflexive Embodiment’, in Markku Eskelinen, Raine
Koskimaa, Loss Pequeño Glazier and John Cayley (eds.), CyberText Yearbook
2002–2003, 88–106,

Foucault, Michel, ‘What Is an Author?’ (1998) in James D. Faubion (ed.),
Essential Works of Foucault, 1954–1984, Volume Two: Aesthetics, Method, and
Epistemology (New York: The New Press).

Gibson, Johanna (2007) Creating Selves: Intellectual Property and the
Narration of Culture (Aldershot, England and Burlington, VT: Routledge).

— Phillip Johnson and Gaetano Dimita (2015) The Business of Being an Author: A
Survey of Author’s Earnings and Contracts (London: Queen Mary University of
London), [https://orca.cf.ac.uk/72431/1/Final Report - For Web
Publication.pdf](https://orca.cf.ac.uk/72431/1/Final%20Report%20-%20For%20Web%20Publication.pdf)

Goldsmith, Kenneth (2011) Uncreative Writing: Managing Language in the Digital
Age (New York: Columbia University Press).

Hall, Gary (2010) ‘Radical Open Access in the Humanities’ (presented at the
Research Without Borders, Columbia University),
humanities/>

— (2008) Digitize This Book!: The Politics of New Media, or Why We Need Open
Access Now (Minneapolis, MN: University of Minnesota Press).

Hayles, N. Katherine (2004) ‘Print Is Flat, Code Is Deep: The Importance of
Media-Specific Analysis’, Poetics Today 25.1, 67–90,


Hughes, Rolf (2005) ‘Orderly Disorder: Post-Human Creativity’, in Proceedings
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Jenkins, Henry, and Owen Gallagher (2008) ‘“What Is Remix Culture?”: An
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Johns, Adrian (1998) The Nature of the Book: Print and Knowledge in the Making
(Chicago, IL: University of Chicago Press).

Kember, Sarah (2016) ‘Why Publish?’, Learned Publishing 29, 348–53,


— (2014) ‘Why Write?: Feminism, Publishing and the Politics of Communication’,
New Formations: A Journal of Culture/Theory/Politics 83.1, 99–116.

Kretschmer, M., and P. Hardwick (2007) Authors’ Earnings from Copyright and
Non-Copyright Sources : A Survey of 25,000 British and German Writers (Poole,
UK: CIPPM/ALCS Bournemouth University),
[https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ALCS-Full-
report.pdf](https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ACLS-
Full-report.pdf)

Lessig, Lawrence (2008) Remix: Making Art and Commerce Thrive in the Hybrid
Economy (New York: Penguin Press).

Lovink, Geert, and Ned Rossiter (eds.) (2007) MyCreativity Reader: A Critique
of Creative Industries (Amsterdam: Institute of Network Cultures),


McGann, Jerome J. (1992) A Critique of Modern Textual Criticism
(Charlottesville, VA: University of Virginia Press).

McHardy, Julien (2014) ‘Why Books Matter: There Is Value in What Cannot Be
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Mol, Annemarie (2008) The Logic of Care: Health and the Problem of Patient
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Montfort, Nick (2003) ‘The Coding and Execution of the Author’, in Markku
Eskelinen, Raine Kosimaa, Loss Pequeño Glazier and John Cayley (eds.),
CyberText Yearbook 2002–2003, 2003, 201–17,
, pp. 201–17.

Moore, Samuel A. (2017) ‘A Genealogy of Open Access: Negotiations between
Openness and Access to Research’, Revue Française des Sciences de
l’information et de la Communication 11,

Munster, Anna (2016) ‘Techno-Animalities — the Case of the Monkey Selfie’
(presented at the Goldsmiths University, London),


Navas, Eduardo (2012) Remix Theory: The Aesthetics of Sampling (Vienna and New
York: Springer).

Parikka, Jussi, and Mercedes Bunz (11 July 2014) ‘A Mini-Interview: Mercedes
Bunz Explains Meson Press’, Machinology,
meson-press/>

Richards, Victoria (7 January 2016) ‘Monkey Selfie: Judge Rules Macaque Who
Took Grinning Photograph of Himself “Cannot Own Copyright”’, The Independent,
macaque-who-took-grinning-photograph-of-himself-cannot-own-
copyright-a6800471.html>

Robbins, Sarah (2003) ‘Distributed Authorship: A Feminist Case-Study Framework
for Studying Intellectual Property’, College English 66.2, 155–71,


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Spinosa, Dani (14 May 2014) ‘“My Line (Article) Has Sighed”: Authorial
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Star, Susan Leigh (1991) ‘The Sociology of the Invisible: The Primacy of Work
in the Writings of Anselm Strauss’, in Anselm Leonard Strauss and David R.
Maines (eds.), Social Organization and Social Process: Essays in Honor of
Anselm Strauss (New York: A. de Grutyer).

* * *

[1](ch3.xhtml#footnote-152-backlink) The Authors’ Licensing and Collecting
Society is a [British](https://en.wikipedia.org/wiki/United_Kingdom)
membership organisation for writers, established in 1977 with over 87,000
members, focused on protecting and promoting authors’ rights. ALCS collects
and pays out money due to members for secondary uses of their work (copying,
broadcasting, recording etc.).

[2](ch3.xhtml#footnote-151-backlink) This survey was an update of an earlier
survey conducted in 2006 by the Centre of Intellectual Property Policy and
Management (CIPPM) at Bournemouth University.

[3](ch3.xhtml#footnote-150-backlink) ‘New Research into Authors’ Earnings
Released’, Authors’ Licensing and Collecting Society, 2014,
Us/News/News/What-are-words-worth-now-not-much.aspx>

[4](ch3.xhtml#footnote-149-backlink) Johanna Gibson, Phillip Johnson, and
Gaetano Dimita, The Business of Being an Author: A Survey of Author’s Earnings
and Contracts (London: Queen Mary University of London, 2015), p. 9,
[https://orca.cf.ac.uk/72431/1/Final Report - For Web Publication.pdf
](https://orca.cf.ac.uk/72431/1/Final%20Report%20-%20For%20Web%20Publication.pdf)

[5](ch3.xhtml#footnote-148-backlink) ALCS, Press Release. What Are Words Worth
Now? Not Enough, 8 July 2014, worth-now-not-enough>

[6](ch3.xhtml#footnote-147-backlink) Gibson, Johnson, and Dimita, The Business
of Being an Author, p. 35.

[7](ch3.xhtml#footnote-146-backlink) M. Kretschmer and P. Hardwick, Authors’
Earnings from Copyright and Non-Copyright Sources: A Survey of 25,000 British
and German Writers (Poole: CIPPM/ALCS Bournemouth University, 2007), p. 3,
[https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ALCS-Full-
report.pdf](https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ACLS-
Full-report.pdf)

[8](ch3.xhtml#footnote-145-backlink) ALCS, Press Release, 8 July 2014,
[https://www.alcs.co.uk/news/what-are-words-](https://www.alcs.co.uk/news
/what-are-words-worth-now-not-enough)
worth-now-not-enough

[9](ch3.xhtml#footnote-144-backlink) Gibson, Johnson, and Dimita, The Business
of Being an Author, p. 35.

[10](ch3.xhtml#footnote-143-backlink) Ibid.

[11](ch3.xhtml#footnote-142-backlink) In the survey, three questions that
focus on various sources of remuneration do list digital publishing and/or
online uses as an option (questions 8, 11, and 15). Yet the data tables
provided in the appendix to the report do not provide the findings for
questions 11 and 15 nor do they differentiate according to type of media for
other tables related to remuneration. The only data table we find in the
report related to digital publishing is table 3.3, which lists ‘Earnings
ranked (1 to 7) in relation to categories of work’, where digital publishing
ranks third after books and magazines/periodicals, but before newspapers,
audio/audio-visual productions and theatre. This lack of focus on the effect
of digital publishing on writers’ incomes, for a survey that is ‘the first to
capture the impact of the digital revolution on writers’ working lives’, is
quite remarkable. Gibson, Johnson, and Dimita, The Business of Being an
Author, Appendix 2.

[12](ch3.xhtml#footnote-141-backlink) Ibid., p. 35.

[13](ch3.xhtml#footnote-140-backlink) Ibid.

[14](ch3.xhtml#footnote-139-backlink) Geert Lovink and Ned Rossiter (eds.),
MyCreativity Reader: A Critique of Creative Industries (Amsterdam: Institute
of Network Cultures, 2007), p. 14,


[15](ch3.xhtml#footnote-138-backlink) See:
estimates-january-2015/creative-industries-economic-estimates-january-2015
-key-findings>

[16](ch3.xhtml#footnote-137-backlink) Wendy Brown, Undoing the Demos:
Neoliberalism’s Stealth Revolution (Cambridge, MA: MIT Press, 2015), p. 31.

[17](ch3.xhtml#footnote-136-backlink) Therefore Lovink and Rossiter make a
plea to, ‘redefine creative industries outside of IP generation’. Lovink and
Rossiter, MyCreativity Reader, p. 14.

[18](ch3.xhtml#footnote-135-backlink) Next to earnings made from writing more
in general, the survey on various occasions asks questions about earnings
arising from specific categories of works and related to the amount of works
exploited (published/broadcast) during certain periods. Gibson, Johnson, and
Dimita, The Business of Being an Author, Appendix 2.

[19](ch3.xhtml#footnote-134-backlink) Roger Chartier, The Order of Books:
Readers, Authors, and Libraries in Europe Between the 14th and 18th Centuries,
1st ed. (Stanford: Stanford University Press, 1994); Lisa Ede and Andrea A.
Lunsford, ‘Collaboration and Concepts of Authorship’, PMLA 116.2 (2001),
354–69; Adrian Johns, The Nature of the Book: Print and Knowledge in the
Making (Chicago, IL: University of Chicago Press, 1998); Jerome J. McGann, A
Critique of Modern Textual Criticism (Charlottesville, VA, University of
Virginia Press, 1992); Sarah Robbins, ‘Distributed Authorship: A Feminist
Case-Study Framework for Studying Intellectual Property’, College English 66.2
(2003), 155–71,

[20](ch3.xhtml#footnote-133-backlink) The ALCS survey addresses this problem,
of course, and tries to lobby on behalf of its authors for fair contracts with
publishers and intermediaries. That said, the survey findings show that only
42% of writers always retain their copyright. Gibson, Johnson, and Dimita, The
Business of Being an Author, p. 12.

[21](ch3.xhtml#footnote-132-backlink) Michel Foucault, ‘What Is an Author?’,
in James D. Faubion (ed.), Essential Works of Foucault, 1954–1984, Volume Two:
Aesthetics, Method, and Epistemology (New York: The New Press, 1998), p. 205.

[22](ch3.xhtml#footnote-131-backlink) Mark Rose, Authors and Owners: The
Invention of Copyright (Cambridge, MA: Harvard University Press, 1993).

[23](ch3.xhtml#footnote-130-backlink) Carys J. Craig, Joseph F. Turcotte, and
Rosemary J. Coombe, ‘What’s Feminist About Open Access? A Relational Approach
to Copyright in the Academy’, Feminists@law 1.1 (2011),


[24](ch3.xhtml#footnote-129-backlink) Ibid., p. 8.

[25](ch3.xhtml#footnote-128-backlink) Ibid., p. 9.

[26](ch3.xhtml#footnote-127-backlink) Lawrence Lessig, Remix: Making Art and
Commerce Thrive in the Hybrid Economy (New York: Penguin Press, 2008); Eduardo
Navas, Remix Theory: The Aesthetics of Sampling (Vienna and New York:
Springer, 2012); Henry Jenkins and Owen Gallagher, ‘“What Is Remix Culture?”:
An Interview with Total Recut’s Owen Gallagher’, Confessions of an Aca-Fan,
2008,

[27](ch3.xhtml#footnote-126-backlink) Craig, Turcotte, and Coombe, ‘What’s
Feminist About Open Access?, p. 27.

[28](ch3.xhtml#footnote-125-backlink) Ibid., p. 14.

[29](ch3.xhtml#footnote-124-backlink) Ibid., p. 26.

[30](ch3.xhtml#footnote-123-backlink) Janneke Adema, ‘Open Access’, in
Critical Keywords for the Digital Humanities (Lueneburg: Centre for Digital
Cultures (CDC), 2014), ; Janneke Adema,
‘Embracing Messiness’, LSE Impact of Social Sciences, 2014,
adema-pdsc14/>; Gary Hall, Digitize This Book!: The Politics of New Media, or
Why We Need Open Access Now (Minneapolis, MN: University of Minnesota Press,
2008), p. 197; Sarah Kember, ‘Why Write?: Feminism, Publishing and the
Politics of Communication’, New Formations: A Journal of
Culture/Theory/Politics 83.1 (2014), 99–116; Samuel A. Moore, ‘A Genealogy of
Open Access: Negotiations between Openness and Access to Research’, Revue
Française des Sciences de l’information et de la Communication, 2017,


[31](ch3.xhtml#footnote-122-backlink) Florian Cramer, Anti-Media: Ephemera on
Speculative Arts (Rotterdam and New York: nai010 publishers, 2013).

[32](ch3.xhtml#footnote-121-backlink) Especially within humanities publishing
there is a reluctance to allow derivative uses of one’s work in an open access
setting.

[33](ch3.xhtml#footnote-120-backlink) In 2015 the Radical Open Access
Conference took place at Coventry University, which brought together a large
array of presses and publishing initiatives (often academic-led) in support of
an ‘alternative’ vision of open access and scholarly communication.
Participants in this conference subsequently formed the loosely allied Radical
Open Access Collective: [radicaloa.co.uk](https://radicaloa.co.uk/). As the
conference concept outlines, radical open access entails ‘a vision of open
access that is characterised by a spirit of on-going creative experimentation,
and a willingness to subject some of our most established scholarly
communication and publishing practices, together with the institutions that
sustain them (the library, publishing house etc.), to rigorous critique.
Included in the latter will be the asking of important questions about our
notions of authorship, authority, originality, quality, credibility,
sustainability, intellectual property, fixity and the book — questions that
lie at the heart of what scholarship is and what the university can be in the
21st century’. Janneke Adema and Gary Hall, ‘The Political Nature of the Book:
On Artists’ Books and Radical Open Access’, New Formations 78.1 (2013),
138–56, ; Janneke Adema and Samuel
Moore, ‘Collectivity and Collaboration: Imagining New Forms of Communality to
Create Resilience In Scholar-Led Publishing’, Insights 31.3 (2018),
; Gary Hall, ‘Radical Open Access in the
Humanities’ (presented at the Research Without Borders, Columbia University,
2010), humanities/>; Janneke Adema, ‘Knowledge Production Beyond The Book? Performing
the Scholarly Monograph in Contemporary Digital Culture’ (PhD dissertation,
Coventry University, 2015),
f4c62c77ac86/1/ademacomb.pdf>

[34](ch3.xhtml#footnote-119-backlink) Julien McHardy, ‘Why Books Matter: There
Is Value in What Cannot Be Evaluated’, Impact of Social Sciences, 2014, n.p.,
[http://blogs.lse.ac.uk/impactofsocial sciences/2014/09/30/why-books-
matter/](http://blogs.lse.ac.uk/impactofsocialsciences/2014/09/30/why-books-
matter/)

[35](ch3.xhtml#footnote-118-backlink) Karen Barad, Meeting the Universe
Halfway: Quantum Physics and the Entanglement of Matter and Meaning (Durham,
N.C. and London: Duke University Press, 2007).

[36](ch3.xhtml#footnote-117-backlink) Annemarie Mol, The Logic of Care: Health
and the Problem of Patient Choice, 1st ed. (London and New York: Routledge,
2008).

[37](ch3.xhtml#footnote-116-backlink) Sebastian Abrahamsson and others,
‘Mattering Press: New Forms of Care for STS Books’, The EASST Review 32.4
(2013), press-new-forms-of-care-for-sts-books/>

[38](ch3.xhtml#footnote-115-backlink) McHardy, ‘Why Books Matter’.

[39](ch3.xhtml#footnote-114-backlink) Ibid.

[40](ch3.xhtml#footnote-113-backlink) Susan Leigh Star, ‘The Sociology of the
Invisible: The Primacy of Work in the Writings of Anselm Strauss’, in Anselm
Leonard Strauss and David R. Maines (eds.), Social Organization and Social
Process: Essays in Honor of Anselm Strauss (New York: A. de Gruyter, 1991).
Mattering Press is not alone in exploring an ethics of care in relation to
(academic) publishing. Sarah Kember, director of Goldsmiths Press is also
adamant in her desire to make the underlying processes of publishing (i.e.
peer review, citation practices) more transparent and accountable Sarah
Kember, ‘Why Publish?’, Learned Publishing 29 (2016), 348–53,
. Mercedes Bunz, one of the editors running
Meson Press, argues that a sociology of the invisible would incorporate
‘infrastructure work’, the work of accounting for, and literally crediting
everybody involved in producing a book: ‘A book isn’t just a product that
starts a dialogue between author and reader. It is accompanied by lots of
other academic conversations — peer review, co-authors, copy editors — and
these conversations deserve to be taken more serious’. Jussi Parikka and
Mercedes Bunz, ‘A Mini-Interview: Mercedes Bunz Explains Meson Press’,
Machinology, 2014, mercedes-bunz-explains-meson-press/>. For Open Humanities Press authorship is
collaborative and even often anonymous: for example, they are experimenting
with research published in wikis to further complicate the focus on single
authorship and a static marketable book object within academia (see their
living and liquid books series).

[41](ch3.xhtml#footnote-112-backlink) Lori Emerson, ‘Digital Poetry as
Reflexive Embodiment’, in Markku Eskelinen, Raine Koskimaa, Loss Pequeño
Glazier and John Cayley (eds.), CyberText Yearbook 2002–2003, 2003, 88–106,


[42](ch3.xhtml#footnote-111-backlink) Dani Spinosa, ‘“My Line (Article) Has
Sighed”: Authorial Subjectivity and Technology’, Generic Pronoun, 2014,


[43](ch3.xhtml#footnote-110-backlink) Spinosa, ‘My Line (Article) Has Sighed’.

[44](ch3.xhtml#footnote-109-backlink) Emerson, ‘Digital Poetry as Reflexive
Embodiment’, p. 89.

[45](ch3.xhtml#footnote-108-backlink) Rolf Hughes, ‘Orderly Disorder: Post-
Human Creativity’, in Proceedings of the Linköping Electronic Conference
(Linköpings universitet: University Electronic Press, 2005).

[46](ch3.xhtml#footnote-107-backlink) N. Katherine Hayles, ‘Print Is Flat,
Code Is Deep: The Importance of Media-Specific Analysis’, Poetics Today 25.1
(2004), 67–90, ; Johanna Drucker,
‘Performative Materiality and Theoretical Approaches to Interface’, Digital
Humanities Quarterly 7.1 (2013),
; Johanna
Drucker, ‘Distributed and Conditional Documents: Conceptualizing
Bibliographical Alterities’, MATLIT: Revista do Programa de Doutoramento em
Materialidades da Literatura 2.1 (2014), 11–29.

[47](ch3.xhtml#footnote-106-backlink) Nick Montfort, ‘The Coding and Execution
of the Author’, in Markku Eskelinen, Raine Kosimaa, Loss Pequeño Glazier and
John Cayley (eds.), CyberText Yearbook 2002–2003, 2003, 201–17 (p. 201),


[48](ch3.xhtml#footnote-105-backlink) Montfort, ‘The Coding and Execution of
the Author’, p. 202.

[49](ch3.xhtml#footnote-104-backlink) Lori Emerson, ‘Materiality,
Intentionality, and the Computer-Generated Poem: Reading Walter Benn Michaels
with Erin Moureacute’s Pillage Land’, ESC: English Studies in Canada 34
(2008), 66.

[50](ch3.xhtml#footnote-103-backlink) Marcus Boon, In Praise of Copying
(Cambridge, MA: Harvard University Press, 2010); Johanna Drucker, ‘Humanist
Computing at the End of the Individual Voice and the Authoritative Text’, in
Patrik Svensson and David Theo Goldberg (eds.), Between Humanities and the
Digital (Cambridge, MA: MIT Press, 2015), pp. 83–94.

[51](ch3.xhtml#footnote-102-backlink) We have to take into consideration here
that print-based cultural products were never fixed or static; the dominant
discourses constructed around them just perceive them to be so.

[52](ch3.xhtml#footnote-101-backlink) Craig, Turcotte, and Coombe, ‘What’s
Feminist About Open Access?’, p. 2.

[53](ch3.xhtml#footnote-100-backlink) Ibid.

[54](ch3.xhtml#footnote-099-backlink) Johanna Gibson, Creating Selves:
Intellectual Property and the Narration of Culture (Aldershot, UK, and
Burlington: Routledge, 2007), p. 7.

[55](ch3.xhtml#footnote-098-backlink) Gibson, Creating Selves, p. 7.

[56](ch3.xhtml#footnote-097-backlink) Ibid.

[57](ch3.xhtml#footnote-096-backlink) Kenneth Goldsmith, Uncreative Writing:
Managing Language in the Digital Age (New York: Columbia University Press,
2011), p. 227.

[58](ch3.xhtml#footnote-095-backlink) Ibid., p. 15.

[59](ch3.xhtml#footnote-094-backlink) Goldsmith, Uncreative Writing, p. 81.

[60](ch3.xhtml#footnote-093-backlink) Ibid.

[61](ch3.xhtml#footnote-092-backlink) It is worth emphasising that what
Goldsmith perceives as ‘uncreative’ notions of writing (including
appropriation, pastiche, and copying), have a prehistory that can be traced
back to antiquity (thanks go out to this chapter’s reviewer for pointing this
out). One example of this, which uses the method of cutting and pasting —
something I have outlined more in depth elsewhere — concerns the early modern
commonplace book. Commonplacing as ‘a method or approach to reading and
writing involved the gathering and repurposing of meaningful quotes, passages
or other clippings from published books by copying and/or pasting them into a
blank book.’ Janneke Adema, ‘Cut-Up’, in Eduardo Navas (ed.), Keywords in
Remix Studies (New York and London: Routledge, 2017), pp. 104–14,


[62](ch3.xhtml#footnote-091-backlink) Gibson, Creating Selves, p. 27.

[63](ch3.xhtml#footnote-090-backlink) For example, animals cannot own
copyright. See the case of Naruto, the macaque monkey that took a ‘selfie’
photograph of itself. Victoria Richards, ‘Monkey Selfie: Judge Rules Macaque
Who Took Grinning Photograph of Himself “Cannot Own Copyright”’, The
Independent, 7 January 2016, /monkey-selfie-judge-rules-macaque-who-took-grinning-photograph-of-himself-
cannot-own-copyright-a6800471.html>

[64](ch3.xhtml#footnote-089-backlink) Anna Munster, ‘Techno-Animalities — the
Case of the Monkey Selfie’ (presented at the Goldsmiths University, London,
2016),

[65](ch3.xhtml#footnote-088-backlink) Sarah Kember, ‘Why Write?: Feminism,
Publishing and the Politics of Communication’, New Formations: A Journal of
Culture/Theory/Politics 83.1 (2014), 99–116.

Sekulic
Legal Hacking and Space
2015


# Legal hacking and space

## What can urban commons learn from the free software hackers?

* [Dubravka Sekulic](https://www.eurozine.com/authors/sekulic-dubravka/)

4 November 2015

There is now a need to readdress urban commons through the lens of the digital
commons, writes Dubravka Sekulic. The lessons to be drawn from the free
software community and its resistance to the enclosure of code will likely
prove particularly valuable where participation and regulation are concerned.

> Commons are a particular type of institutional arrangement for governing the
use and disposition of resources. Their salient characteristic, which defines
them in contradistinction to property, is that no single person has exclusive
control over the use and disposition of any particular resource. Instead,
resources governed by commons may be used or disposed of by anyone among some
(more or less defined) number of persons, under rules that may range from
"anything goes" to quite crisply articulated formal rules that are effectively
enforced.
> (Benkler 2003: 6)

The above definition of commons, from the seminal paper "The political economy
of commons" by Yochai Benkler, addresses any type of commons, whether analogue
or digital. In fact, the concept of commons entered the digital realm from
physical space in order to interpret the type of communities, relationships
and production that started to appear with the development of the free as
opposed to the proprietary. Peter Linebaugh charted in his excellent book
_Magna Carta Manifesto_ , how the creation and development of the concept of
commons were closely connected to constantly changing relationships of people
and communities to the physical space. Here, I argue that the concept was
enriched when it was implemented in the digital field. Readdressing urban
space through the lens of digital commons can enable another imagination and
knowledge to appear around urban commons.

[![](http://www.eurozine.com/UserFiles/illustrations/sekulic_commons_220w.jpg)](http://www.derive.at/)The
notion of commons in (urban) space is often complicated by archaic models of
organization and management - "the pasture we knew how to share". There is a
tendency to give the impression that the solution is in reverting to the past
models. In the realm of digital though, there is no "pasture" from the Middle
Ages to fall back on. Digital commons had to start from scratch and define its
own protocols of production and reproduction (caring and sharing). Therefore,
the digital commons and free software community can be the one to turn to, not
only for inspiration and advice, but also as a partner when addressing
questions of urban commons. Or, as Marcell Mars would put it "if we could
start again with (regulating and defining) land, knowing what we know now
about digital networks, we could come up with something much better and
appropriate for today's world. That property wouldn't be private, maybe not
even property, but something else. Only then can we say we have learned
something from the digital" (2013).

## Enclosure as the trigger for action

The moment we turn to commons in relation to (urban) space is the moment in
which the pressure to privatize public space and to commodify every aspect of
urban life has become so strong that it can be argued that it mirrors a moment
in which Magna Carta Libertatum was introduced to protect the basic
reproduction of life for those whose sustenance was connected to the common
pastures and forests of England in the thirteenth century. At the end of the
twentieth century, urban space became the ultimate commodity, and increasing
privatization not only endangered the reproduction of everyday life in the
city; the rent extraction through privatized public space and housing
endangered bare life itself. Additionally, the cities' continuous
privatization of its amenities transformed almost every action in the city, no
matter how mundane - as for example, drinking a glass of water from a tap -,
into an action that creates profit for some private entity and extracts it
from the community. Thus every activity became labour, which a citizen-worker
is not only alienated from, but also unaware of. David Harvey's statement
about the city replacing the factory as a site of class war seems to be not
only an apt description of the condition of life in the city, but also a cry
for action.

When Richard Stallman turned to the foundational gesture of the creation of
free software, GNU/GPL (General Public Licence) was his reaction to the
artificially imposed logic of scarcity on the world of code - and the
increasing and systematic enclosure that took place in the late 1970s and
1980s as "a tidal wave of commercialization transformed software from a
technical object into a commodity, to be bought and sold on the open market
under the alleged protection of intellectual property law" (Coleman 2012:
138). Stallman, who worked as a researcher at MIT's Artificial Intelligence
Laboratory, detected how "[m]any programmers are unhappy about the
commercialization of system software. It may enable them to make more money,
but it requires them to feel in conflict with other programmers in general
rather than feel as comrades. The fundamental act of friendship among
programmers is the sharing of programs; marketing arrangements now typically
used essentially forbid programmers to treat others as friends. The purchaser
of software must choose between friendship and obeying the law. Naturally,
many decide that friendship is more important. But those who believe in law
often do not feel at ease with either choice. They become cynical and think
that programming is just a way of making money" (Stallman 2002: 32).

In the period between 1980 and 1984, "one man [Stallman] envisioned a crusade
to change the situation" (Moglen 1999). Stallman understood that in order to
subvert the system, he would have to intervene in the protocols that regulate
the conditions under which the code is produced, and not the code itself;
although he did contribute some of the best lines of code into the compiler
and text editor - the foundational infrastructure for any development. The
gesture that enabled the creation of a free software community that yielded
the complex field of digital commons was not a perfect line of code. The
creation of GNU General Public License (GPL) was a legal hack to counteract
the imposing of intellectual property law on code. At that time, the only
license available for programmers wanting to keep the code free was public
domain, which gave no protection against the code being appropriated and
closed. GPL enabled free codes to become self-perpetuating. Everything built
using a free code had to be made available under the same condition, in order
to secure the freedom for programmers to continue sharing and not breaking the
law. "By working on and using GNU rather than proprietary programs, we can be
hospitable to everyone and obey the law. In addition, GNU serves as an example
to inspire and as a banner to rally others to join in sharing. This can give
us a feeling of harmony, which is impossible if we use software, which is not
free. For about half the programmers I talk to, this is an important happiness
that money cannot replace" (Stallman 2002: 33).

Architects and planners as well as environmental designers have for too long
believed the opposite, that a good enough design can subvert the logic of
enclosure that dominates the production and reproduction of space; that a good
enough design can keep space open and public by the sheer strength of spatial
intervention. Stallman rightfully understands that no design is strong enough
to keep private ownership from claiming what it believes belongs to it.
Digital and urban commons, despite operating in completely different realms
and economies, are under attack from the same threat of "market processes"
that "crucially depend upon the individual monopoly of capitalists (of all
sorts) over ownership of the means of production, including finance and land.
All rent, recall, is a return to the monopoly power of private ownership of
some crucial asset, such as land or a patent. The monopoly power of private
property is therefore both the beginning-point and the end-point of all
capitalist activity" (Harvey 2012: 100). Stallman envisioned a bleak future
(2003: 26-28) but found a way to "relate the means to the ends". He understood
that the emancipatory task of a struggle "is not only what has to be done, but
also how it will be done and who will do it" (Stavrides & De Angelis: 7).
Thus, to produce the necessary requirements - both for a community to emerge,
but also for the basis of future protocols - tools and methodologies are
needed for the community to create both free software and itself.

## Renegotiating (undoing) property, hacking the law, creating community

Property, as an instrument of allocation of resources, is a right that is
negotiated within society and by society and not written in stone or given as
such. The digital, more than any other field, discloses property as being
inappropriate for contemporary relationships between production and
reproduction and, additionally, proves how it is possible to fundamentally
rethink it. The digital offers this possibility as it is non-material, non-
rival and non-exclusive (Meretz 2013), unlike anything in the physical world.
And Elinor Ostrom's lifelong empirical researches give ground to the belief
that eschewing property, being the sole instrument of allocation, can work as
a tool of management even for rival, excludable goods.
The value of information in digital form is not flat, but property is not the
way to protect that value, as the music industry realized during the course of
the last ten years. Once the copy is _out there_ , the cost of protecting its
exclusivity on the grounds of property becomes too high in relation to the
potential value to be extracted. For example, the value is extracted from
information through controlling the moment of its release and not through
subsequent exploitation. Stallman decided to tackle the imposition of the
concept of property on computer code (and by extension to the digital realm as
a whole) by articulating it in another field: just as property is the product
of constant negotiations within a society, so are legal regulations. After
some time, he was joined by "[m]any free software developers [who] do not
consider intellectual property instruments as the pivotal stimulus for a
marketplace of ideas and knowledge. Instead, they see them as a form of
restriction so fundamental (or poorly executed) that they need to be
counteracted through alternative legal agreements that treat knowledge,
inventions, and other creative expressions not as property but rather as
speech to be freely shared, circulated, and modified" (Coleman 2012: 26).

The digital sphere can give a valid example of how renegotiating regulation
can transform a resource from scarce to abundant. When the change from
analogue signal to packet switching begun to take effect, the distribution of
finite territory and the way the radio frequency spectrum was managed got
renegotiated and the amount of slots of space to be allocated grew by an order
of magnitude while the absolute size of the spectrum stayed the same. This
shift enabled Brecht's dream of a two-sided radio to become reality, thus
enabling what he had suggested: "change this apparatus over from distribution
to communication".1

According to Lawrence Lessig, what regulates behavior in cyberspace is an
interdependence of four constraints: market, law, architecture and norms
(Lessig 2012: 121-25). Analogously, space can be put in place of cyberspace,
as the regulation of space is the sum of these four constraints. These four
constraints are in a dynamic relationship in which the balance can be tilted
towards one, depending on how much each of these categories puts pressure on
the other three. Changes in any one reflect the regulation of the whole.
"Architecture" in Lessig's theory should be understood broadly as the "built
environment" that regulates behaviour in (cyber)space. In the last few decades
we have experienced the domination of the market reconfiguring the basis of
norms, law and architecture. In order to counteract this, the other three
constraints need to be re-negotiated. In digital space, this reconfiguration
happened by declaring the code - that is, the set of instructions written as
highly formalized text in a specific programming language to be executed
(usually) by the computer - to be considered as speech in front of the law,
and by hacking the law in order to disrupt the way that property relationships
are formed.

To put it simply, in order to create a change in dynamics between the
architecture, norms and the market, the law had to be addressed first. This is
not a novel procedure, "legal hacking is going on all the time, it is just
that politics is doing it under the veil of legality because they are the
parliament, they are Microsoft, which can hire a whole law firm to defend them
and find all the legal loopholes. Legal hacking is the norm actually" (Bailey
2013). When it comes to physical space, one of the most obvious examples of
the reconfiguration of regulations under the influence of the market is to
create legal provisions, norms and architecture to sustain the concept of
developing (and privatizing) public space through public-private partnerships.
The decision of the Italian parliament that the privatization of services
(specifically of water management) is legal and does not obstruct one's access
to water as a human right, is another example of a crude manipulation of the
law by the state in favour of the market. Unlike legal hacks by corporations
that aim to create a favourable legal climate for another round of
accumulation through dispossession, Stallman's hack tries to limit the impact
of the market and to create a space of freedom for the creation of a code and
of sharable knowledge, by questioning one of the central pillars of liberal
jurisprudence: (intellectual) property law.

Similarly, translated into physical space, one of the initiatives in Europe
that comes closest to creating a real existing urban commons, Teatro Valle
Occupato in Rome, is doing the same, "pushing the borders of legality of
private property" by legally hacking the institution of a foundation to "serve
a public, or common, purpose" and having "notarized [a] document registered
with the Italian state, that creates a precedent for other people to follow in
its way" (Bailey 2013). Sounds familiar to Stallman's hack as the fundamental
gesture by which community and the whole eco-system can be formed.

It is obvious that, in order to create and sustain that type of legal hack, it
is a necessity to have a certain level of awareness and knowledge of how
systems, both political and legal, work, i.e. to be politically literate.
"While in general", says Italian commons-activist and legal scholar Saki
Bailey, "we've become extremely lazy [when it comes to politics]. We've
started to become a kind of society of people who give up their responsibility
to participate by handing it over to some charismatic leaders, experts of [a]
different type" (2013). Free software hackers, in order to understand and take
part in a constant negotiation that takes place on a legal level between the
market that seeks to cloister the code and hackers who want to keep it free,
had to become literate in an arcane legal language. Gabriella Coleman notes in
_Coding Freedom_ that hacker forums sometimes tend to produce legal analysis
that is just as serious as one would expect to find in a law office. Like the
occupants of Teatro Valle, free software hackers understand the importance of
devoting time and energy to understand constraints and to find ways to
structurally divert them.

This type of knowledge is not shared and created in isolation, but in
socialization, in discussions in physical or cyber spaces (such as #irc chat
rooms, forums, mailing lists…), the same way free software hackers share their
knowledge about code. Through this process of socializing knowledge, "the
community is formed, developed, and reproduced through practices focused on
common space. To generalize this principle: the community is developed through
commoning, through acts and forms of organization oriented towards the
production of the common" (Stavrides 2012: 588). Thus forming a community is
another crucial element of the creation of digital commons, but even more
important are its development and resilience. The emerging community was not
given something to manage, it created something together, and together devised
rules of self-regulation and decision-making.

The prime example of this principle in the free software community is the
Debian Project, formed around the development of the Debian Linux
distribution. It is a volunteer organization consisting of around 3,000
developers that since its inception in 1993 has defined a set of basic
principles by which the project and its members conduct their affairs. This
includes the introduction of new people into the community, a process called
Debian Social Contract (DSC). A special part of the DSC defines the criteria
for "free software", thus regulating technical aspects of the project and also
technical relations with the rest of a free software community. The Debian
Constitution, another document created by the community so it can govern
itself, describes the organizational structure for formal decision-making
within the project.

Another example is Wikipedia, where the community that makes the online
encyclopedia also takes part in creating regulations, with some aspects
debated almost endlessly on forums. It is even possible to detect a loose
community of "Internet users" who took to the streets all over the world when
SOPA (Stop Online Piracy Act) and PIPA (Preventing Real Online Threats to
Economic Creativity and Theft of Intellectual Property Act) threatened to
enclose the Internet, as we know it; the proposed legislation was successfully
contested.

Free software projects that represent the core of the digital commons are most
of the time born of the initiative of individuals, but their growth and life
cycle depend on the fact that they get picked up by a community or generate
community around them that is allowed to take part in their regulation and in
decisions about which shape and forms the project will take in the future.
This is an important lesson to be transferred to the physical space in which
many projects fail because they do not get picked up by the intended
community, as the community is not offered a chance to partake in its creation
and, more importantly, its regulation.

## Building common infrastructure and institutions

"The expansion of intellectual property law" as the main vehicle of the trend
to enclose the code that leads to the act of the creation of free software
and, thus, digital commons, "is part and parcel of a broader neoliberal trend
to privatize what was once under public or under the state's aegis, such as
health provision, water delivery, and military services" (Coleman 2012: 16).
The structural fight headed by the GNU/GPL against the enclosure of code
"defines the contractual relationship that serves to secure the freedom of
means of production and to constitute a community of those participating in
the production and reproduction of free resources. And it is this constitutive
character, as an answer to an every time singular situation of appropriation
by the capital, that is a genuine political emancipation striving for an equal
and free collective production" (Mars & Medak 2004). Thus digital commons "is
based on the _communication_ among _singularities_ and emerges through
collaborative social processes of production " (Negri & Hardt 2005: 204).

The most important lesson urban commons can take from its digital counterpart
is at the same time the most difficult one: how to make a structural hack in
the moment of the creation of an urban commons that will enable it to become
structurally self-perpetuating, thus creating fertile ground not only for a
singular spatialization of urban commons to appear, but to multiply and create
a whole new eco-system. Digital commons was the first field in which what
Negri and Hardt (2009: 3-21) called the "republic of property" was challenged.
Urban commons, in order to really emerge as a spatialization of a new type of
relationship, need to start undoing property as well in order to socially re-
appropriate the city. Or in the words of Stavros Stavrides "the most urgent
and promising task, which can oppose the dominant governance model, is the
reinvention of common space. The realm of the common emerges in a constant
confrontation with state-controlled 'authorized' public space. This is an
emergence full of contradictions, perhaps, quite difficult to predict, but
nevertheless necessary. Behind a multifarious demand for justice and dignity,
new roads to collective emancipation are tested and invented. And, as the
Zapatistas say, we can create these roads only while walking. But we have to
listen, to observe, and to feel the walking movement. Together" (Stavrides
2012: 594).

The big task for both digital and urban commons is "[b]uilding a core common
infrastructure [which] is a necessary precondition to allow us to transition
away from a society of passive consumers buying what a small number of
commercial producers are selling. It will allow us to develop into a society
in which all can speak to all, and in which anyone can become an active
participant in political, social and cultural discourse" (Benkler 2003: 9).
This core common infrastructure has to be porous enough to include people that
are not similar, to provide "a ground to build a public realm and give
opportunities for discussing and negotiating what is good for all, rather than
the idea of strengthening communities in their struggle to define their own
commons. Relating commons to groups of "similar" people bears the danger of
eventually creating closed communities. People may thus define themselves as
commoners by excluding others from their milieu, from their own privileged
commons." (Stavrides 2010). If learning carefully from digital commons, urban
commons need to be conceptualized on the basis of the public, with a self-
regulating community that is open for others to join. That socializes
knowledge and thus produces and reproduces the commons, creating a space for
political emancipation that is capable of judicial arguments for the
protection and extension of regulations that are counter-market oriented.

## References

Bailey, Saki (2013): Interview by Dubravka Sekulic and Alexander de Cuveland.

Benkler, Yochai (2003): "The political economy of commons". _Upgrade_ IV, no.
3, 6-9, [www.benkler.org/Upgrade-
Novatica%20Commons.pdf](http://www.benkler.org/Upgrade-
Novatica%20Commons.pdf).

Benkler, Yochai (2006): _The Wealth of Networks: How Social Production
Transforms Markets and Freedom_. New Haven: Yale University Press.

Brecht, Bertolt (2000): "The radio as a communications apparatus". In: _Brecht
on Film and Radio_ , edited by Marc Silberman. Methuen, 41-6.

Coleman, E. Gabriella (2012): _Coding Freedom: The Ethics and Aesthetics of
Hacking_. Princeton University Press / Kindle edition.

Hardt, Michael and Antonio Negri (2005): _Multitude: War and Democracy in the
Age of Empire_. Penguin Books.

Hardt, Michael and Antonio Negri (2011): _Commonwealth_. Belknap Press of
Harvard University Press.

Harvey, David (2012): The Art of Rent. In: _Rebel Cities: From the Right to
the City to the Urban Revolution_ , 1st ed. Verso, 94-118.

Hill, Benjamin Mako (2012): Freedom for Users, Not for Software. In: Bollier,
David & Helfrich, Silke (Ed.): _The Wealth of the Commons: a World Beyond
Market and State_. Levellers Press / E-book.

Lessig, Lawrence (2012): _Code: Version 2.0_. Basic Books.

Linebaugh, Peter (2008): _The Magna Carta Manifesto: Liberties and Commons for
All_. University of California Press.

Mars, Marcell (2013): Interview by Dubravka Sekulic.

Mars, Marcell and Tomislav Medak (2004): "Both devil and gnu",
[www.desk.org:8080/ASU2/newsletter.Zarez.N5M.MedakRomicTXT.EnGlish](http://www.desk.org:8080/ASU2/newsletter.Zarez.N5M.MedakRomicTXT.EnGlish).

Martin, Reinhold (2013): "Public and common(s): Places: Design observer",
[placesjournal.org/article/public-and-
commons](https://placesjournal.org/article/public-and-commons).

Meretz, Stefan (2010): "Commons in a taxonomy of goods", [keimform.de/2010
/commons-in-a-taxonomy-of-goods](http://keimform.de/2010/commons-in-a
-taxonomy-of-goods/).

Mitrasinovic, Miodrag (2006): _Total Landscape, Theme Parks, Public Space_ ,
1st ed. Ashgate.

Moglen, Eben (1999): "Anarchism triumphant: Free software and the death of
copyright", First Monday,
[firstmonday.org/ojs/index.php/fm/article/view/684/594](http://firstmonday.org/ojs/index.php/fm/article/view/684/594).

Stallman, Richard and Joshua Gay (2002): _Free Software, Free Society:
Selected Essays of Richard M. Stallman_. GNU Press.

Stallman, Richard and Joshua Gay (2003): "The Right to Read". _Upgrade_ IV,
no. 3, 26-8.

Stavrides, Stavros (2012) "Squares in movement". _South Atlantic Quarterly_
111, no. 3, 585-96.

Stavrides, Stavros (2013): "Contested urban rhythms: From the industrial city
to the post-industrial urban archipelago". _The Sociological Review_ 61,
34-50.

Stavrides, Stavros, and Massimo De Angelis (2010): "On the commons: A public
interview with Massimo De Angelis and Stavros Stavrides". _e-flux_ 17, 1-17,
[www.e-flux.com/journal/on-the-commons-a-public-interview-with-massimo-de-
angelis-and-stavros-stavrides/](http://www.e-flux.com/journal/on-the-commons-a
-public-interview-with-massimo-de-angelis-and-stavros-stavrides/).

1

"[...] radio is one-sided when it should be two-. It is purely an apparatus
for distribution, for mere sharing out. So here is a positive suggestion:
change this apparatus over from distribution to communication". See "The radio
as a communications apparatus", Brecht 2000.

Published 4 November 2015
Original in English
First published by derive 61 (2015)

Contributed by dérive © Dubravka Sekulic / dérive / Eurozine

[PDF/PRINT](https://www.eurozine.com/legal-hacking-and-space/?pdf)


Barok
Communing Texts
2014


Communing Texts

_A talk given on the second day of the conference_ [Off the
Press](http://digitalpublishingtoolkit.org/22-23-may-2014/program/) _held at
WORM, Rotterdam, on May 23, 2014. Also available
in[PDF](/images/2/28/Barok_2014_Communing_Texts.pdf "Barok 2014 Communing
Texts.pdf")._

I am going to talk about publishing in the humanities, including scanning
culture, and its unrealised potentials online. For this I will treat the
internet not only as a platform for storage and distribution but also as a
medium with its own specific means for reading and writing, and consider the
relevance of plain text and its various rendering formats, such as HTML, XML,
markdown, wikitext and TeX.

One of the main reasons why books today are downloaded and bookmarked but
hardly read is the fact that they may contain something relevant but they
begin at the beginning and end at the end; or at least we are used to treat
them in this way. E-book readers and browsers are equipped with fulltext
search functionality but the search for "how does the internet change the way
we read" doesn't yield anything interesting but the diversion of attention.
Whilst there are dozens of books written on this issue. When being insistent,
one easily ends up with a folder with dozens of other books, stucked with how
to read them. There is a plethora of books online, yet there are indeed mostly
machines reading them.

It is surely tempting to celebrate or to despise the age of artificial
intelligence, flat ontology and narrowing down the differences between humans
and machines, and to write books as if only for machines or return to the
analogue, but we may as well look back and reconsider the beauty of simple
linear reading of the age of print, not for nostalgia but for what we can
learn from it.

This perspective implies treating texts in their context, and particularly in
the way they commute, how they are brought in relations with one another, into
a community, by the mere act of writing, through a technique that have
developed over time into what we have came to call _referencing_. While in the
early days referring to texts was practised simply as verbal description of a
referred writing, over millenia it evolved into a technique with standardised
practices and styles, and accordingly: it gained _precision_. This precision
is however nothing machinic, since referring to particular passages in other
texts instead of texts as wholes is an act of comradeship because it spares
the reader time when locating the passage. It also makes apparent that it is
through contexts that the web of printed books has been woven. But even though
referencing in its precision has been meant to be very concrete, particularly
the advent of the web made apparent that it is instead _virtual_. And for the
reader, laborous to follow. The web has shown and taught us that a reference
from one document to another can be plastic. To follow a reference from a
printed book the reader has to stand up, walk down the street to a library,
pick up the referred volume, flip through its pages until the referred one is
found and then follow the text until the passage most probably implied in the
text is identified, while on the web the reader, _ideally_ , merely moves her
finger a few milimeters. To click or tap; the difference between the long way
and the short way is obviously the hyperlink. Of course, in the absence of the
short way, even scholars are used to follow the reference the long way only as
an exception: there was established an unwritten rule to write for readers who
are familiar with literature in the respective field (what in turn reproduces
disciplinarity of the reader and writer), while in the case of unfamiliarity
with referred passage the reader inducts its content by interpreting its
interpretation of the writer. The beauty of reading across references was
never fully realised. But now our question is, can we be so certain that this
practice is still necessary today?

The web silently brought about a way to _implement_ the plasticity of this
pointing although it has not been realised as the legacy of referencing as we
know it from print. Today, when linking a text and having a particular passage
in mind, and even describing it in detail, the majority of links physically
point merely to the beginning of the text. Hyperlinks are linking documents as
wholes by default and the use of anchors in texts has been hardly thought of
as a _requirement_ to enable precise linking.

If we look at popular online journalism and its use of hyperlinks within the
text body we may claim that rarely someone can afford to read all those linked
articles, not even talking about hundreds of pages long reports and the like
and if something is wrong, it would get corrected via comments anyway. On the
internet, the writer is meant to be in more immediate feedback with the
reader. But not always readers are keen to comment and not always they are
allowed to. We may be easily driven to forget that quoting half of the
sentence is never quoting a full sentence, and if there ought to be the entire
quote, its source text in its whole length would need to be quoted. Think of
the quote _information wants to be free_ , which is rarely quoted with its
wider context taken into account. Even factoids, numbers, can be carbon-quoted
but if taken out of the context their meaning can be shaped significantly. The
reason for aversion to follow a reference may well be that we are usually
pointed to begin reading another text from its beginning.

While this is exactly where the practices of linking as on the web and
referencing as in scholarly work may benefit from one another. The question is
_how_ to bring them closer together.

An approach I am going to propose requires a conceptual leap to something we
have not been taught.

For centuries, the primary format of the text has been the page, a vessel, a
medium, a frame containing text embedded between straight, less or more
explicit, horizontal and vertical borders. Even before the material of the
page such as papyrus and paper appeared, the text was already contained in
lines and columns, a structure which we have learnt to perceive as a grid. The
idea of the grid allows us to view text as being structured in lines and
pages, that are in turn in hand if something is to be referred to. Pages are
counted as the distance from the beginning of the book, and lines as the
distance from the beginning of the page. It is not surprising because it is in
accord with inherent quality of its material medium -- a sheet of paper has a
shape which in turn shapes a body of a text. This tradition goes as far as to
the Ancient times and the bookroll in which we indeed find textual grids.

[![Papyrus of Plato
Phaedrus.jpg](/images/thumb/4/49/Papyrus_of_Plato_Phaedrus.jpg/700px-
Papyrus_of_Plato_Phaedrus.jpg)](/File:Papyrus_of_Plato_Phaedrus.jpg)

[![](/skins/common/images/magnify-
clip.png)](/File:Papyrus_of_Plato_Phaedrus.jpg "Enlarge")


A crucial difference between print and digital is that text files such as HTML
documents nor markdown documents nor database-driven texts did inherit this
quality. Their containers are simply not structured into pages, precisely
because of the nature of their materiality as media. Files are written on
memory drives in scattered chunks, beginning at point A and ending at point B
of a drive, continuing from C until D, and so on. Where does each of these
chunks start is ultimately independent from what it contains.

Forensic archaeologists would confirm that when a portion of a text survives,
in the case of ASCII documents it is not a page here and page there, or the
first half of the book, but textual blocks from completely arbitrary places of
the document.

This may sound unrelated to how we, humans, structure our writing in HTML
documents, emails, Office documents, even computer code, but it is a reminder
that we structure them for habitual (interfaces are rectangular) and cultural
(human-readability) reasons rather then for a technical necessity that would
stem from material properties of the medium. This distinction is apparent for
example in HTML, XML, wikitext and TeX documents with their content being both
stored on the physical drive and treated when rendered for reading interfaces
as single flow of text, and the same goes for other texts when treated with
automatic line-break setting turned off. Because line-breaks and spaces and
everything else is merely a number corresponding to a symbol in character set.

So how to address a section in this kind of document? An option offers itself
-- how computers do, or rather how we made them do it -- as a position of the
beginning of the section in the array, in one long line. It would mean to
treat the text document not in its grid-like format but as line, which merely
adapts to properties of its display when rendered. As it is nicely implied in
the animated logo of this event and as we know it from EPUBs for example.

The general format of bibliographic record is:



Author. Title. Publisher. [Place.] Date. [Page.] URL.


In the case of 'reference-linking' we can refer to a passage by including the
information about its beginning and length determined by the character
position within the text (in analogy to _pp._ operator used for printed
publications) as well as the text version information (in printed texts served
by edition and date of publication). So what is common in printed text as the
page information is here replaced by the character position range and version.
Such a reference-link is more precise while addressing particular section of a
particular version of a document regardless of how it is rendered on an
interface.

It is a relatively simple idea and its implementation does not be seem to be
very hard, although I wonder why it has not been implemented already. I
discussed it with several people yesterday to find out there were indeed
already attempts in this direction. Adam Hyde pointed me to a proposal for
_fuzzy anchors_ presented on the blog of the Hypothes.is initiative last year,
which in order to overcome the need for versioning employs diff algorithms to
locate the referred section, although it is too complicated to be explained in
this setting.[1] Aaaarg has recently implemented in its PDF reader an option
to generate URLs for a particular point in the scanned document which itself
is a great improvement although it treats texts as images, thus being specific
to a particular scan of a book, and generated links are not public URLs.

Using the character position in references requires an agreement on how to
count. There are at least two options. One is to include all source code in
positioning, which means measuring the distance from the anchor such as the
beginning of the text, the beginning of the chapter, or the beginning of the
paragraph. The second option is to make a distinction between operators and
operands, and count only in operands. Here there are further options where to
make the line between them. We can consider as operands only characters with
phonetic properties -- letters, numbers and symbols, stripping the text from
operators that are there to shape sonic and visual rendering of the text such
as whitespaces, commas, periods, HTML and markdown and other tags so that we
are left with the body of the text to count in. This would mean to render
operators unreferrable and count as in _scriptio continua_.

_Scriptio continua_ is a very old example of the linear onedimensional
treatment of the text. Let's look again at the bookroll with Plato's writing.
Even though it is 'designed' into grids on a closer look it reveals the lack
of any other structural elements -- there are no spaces, commas, periods or
line-breaks, the text is merely one flow, one long line.

_Phaedrus_ was written in the fourth century BC (this copy comes from the
second century AD). Word and paragraph separators were reintroduced much
later, between the second and sixth century AD when rolls were gradually
transcribed into codices that were bound as pages and numbered (a dramatic
change in publishing comparable to digital changes today).[2]

'Reference-linking' has not been prominent in discussions about sharing books
online and I only came to realise its significance during my preparations for
this event. There is a tremendous amount of very old, recent and new texts
online but we haven't done much in opening them up to contextual reading. In
this there are publishers of all 'grounds' together.

We are equipped to treat the internet not only as repository and library but
to take into account its potentials of reading that have been hiding in front
of our very eyes. To expand the notion of hyperlink by taking into account
techniques of referencing and to expand the notion of referencing by realising
its plasticity which has always been imagined as if it is there. To mesh texts
with public URLs to enable entaglement of referencing and hyperlinks. Here,
open access gains its further relevance and importance.

Dušan Barok

_Written May 21-23, 2014, in Vienna and Rotterdam. Revised May 28, 2014._

Notes

1. ↑ Proposals for paragraph-based hyperlinking can be traced back to the work of Douglas Engelbart, and today there is a number of related ideas, some of which were implemented on a small scale: fuzzy anchoring, 1(http://hypothes.is/blog/fuzzy-anchoring/); purple numbers, 2(http://project.cim3.net/wiki/PMWX_White_Paper_2008); robust anchors, 3(http://github.com/hypothesis/h/wiki/robust-anchors); _Emphasis_ , 4(http://open.blogs.nytimes.com/2011/01/11/emphasis-update-and-source); and others 5(http://en.wikipedia.org/wiki/Fragment_identifier#Proposals). The dependence on structural elements such as paragraphs is one of their shortcoming making them not suitable for texts with longer paragraphs (e.g. Adorno's _Aesthetic Theory_ ), visual poetry or computer code; another is the requirement to store anchors along the text.
2. ↑ Works which happened not to be of interest at the time ceased to be copied and mostly disappeared. On the book roll and its gradual replacement by the codex see William A. Johnson, "The Ancient Book", in _The Oxford Handbook of Papyrology_ , ed. Roger S. Bagnall, Oxford, 2009, pp 256-281, 6(http://google.com/books?id=6GRcLuc124oC&pg=PA256).

Addendum (June 9)

Arie Altena wrote a [report from the
panel](http://digitalpublishingtoolkit.org/2014/05/off-the-press-report-day-
ii/) published on the website of Digital Publishing Toolkit initiative,
followed by another [summary of the
talk](http://digitalpublishingtoolkit.org/2014/05/dusan-barok-digital-imprint-
the-motion-of-publishing/) by Irina Enache.

The online repository Aaaaarg [has
introduced](http://twitter.com/aaaarg/status/474717492808413184) the
reference-link function in its document viewer, see [an
example](http://aaaaarg.fail/ref/60090008362c07ed5a312cda7d26ecb8#0.102).


Sollfrank & Kleiner
Telekommunisten
2012


Dmytri Kleiner
Telekommunisten

Berlin, 20 November 2012

[00:12]
My name is Dmytri Kleiner. I work with Telekommunisten, which is an art
collective based in Berlin that investigates the social relations in bettering
communication technologies.

[00:24]
Peer-To-Peer Communism

[00:29]
Cornelia Sollfrank: I would like to start with the theory, which I think is
very strong, and which actually informs the practice that you are doing. For
me it's like the background where the practice comes from. And I think the
most important and well-known book or paper you've written is The
Telekommunist Manifesto. This is something that you authored personally,
Dmytri Kleiner. It's not written by the Telekommunisten. And I would like to
ask you what the main ideas and the main principles are that you explain, and
maybe you come up with a few things, and I have some bullet points here, and
then we can discuss.

[01:14]
The book has two sections. The first section is called "Peer-To-Peer Communism
Vs. The Client-Server Capitalist State," and that actually explains – using
the history of the Internet as a sort of a basis – it explains the
relationship between modes of production on one hand, like capitalism and
communism, with network topologies on the other hand, mesh networks and star
networks. [01:39] And it explains why the original design of the Internet,
which was supposed to be a decentralised system where everybody could
communicate with everybody without any kind of mediation, or control or
censorship – why that has been replaced with centralised, privatised
platforms, from an economic basis. [02:00] So that the need for capitalist
capture of user data, and user interaction, in order to allow investors to
recoup profits, is the driving force behind centralisation, and so it explains
that.

[02:15]
Copyright Myth

[02:19]
C.S.: The framework of these whole interviews is the relation between cultural
production, artistic production in particular, and copyright, as a regulatory
mechanism. In one of your presentations, you mention, or you made the
assumption or the claim, that the fact that copyright is there to protect, or
to foster or enable artistic cultural production is a myth. Could you please
elaborate a bit on that?

[02:57]
Sure. That's the second part of the manifesto. The second part of the
manifesto is called "A Contribution to the Critique of Free Culture." And in
that title I don't mean to be critiquing the practice of free culture, which I
actively support and participate in. [03:13] I am critiquing the theory around
free culture, and particularly as it's found in the Creative Commons
community. [03:20] And this is one of the myths that you often see in that
community: that copyright somehow was created in order to empower artists, but
it's gone wrong somehow, at some point it's got wrong. [03:34] It went in the
wrong direction and now it needs to be corrected. This is a kind of a
plotline, so to speak, in a lot of creative commons oriented community
discussion about copyright. [03:46] But actually, of course, the history of
copyright is the same as the history of labour and capital and markets in
every other field. So just like the kind of Lockean idea of property
attributes the product of the worker's labour to the worker, so that the
capitalist can appropriate it, so it commodifies the products of labour,
copyright was created for exactly the same reasons, at exactly the same time,
as part of exactly the same process, in order to create a commodity form of
knowledge, so that knowledge could play in markets. [04:21] That's why
copyright was invented. That was the social reason why it needed to exist.
Because as industrial capitalism was manifesting, they required a way to
commodify knowledge work in the same way they commodified other kinds of
labour. [04:37] So the artist was only given the authorship of their work in
exactly the same way as the factory worker supposedly owns the product of
their labour. [04:51] Because the artist doesn't have the means of production,
so the artist has to give away that product, and actually legitimizes the
appropriation of the product of labour from the labourer, whether it's a
cultural labourer or a physical labourer.

[05:07]
(Intellectual) Labour

[05:10]
C.S.: And why do you think that this myth is so persistent? Or, who created
it, and for what reasons?

[05:18]
I think that a lot of kind of liberal criticism sort of starts that way. I
mean, I haven't really researched this, so that's kind of an open question
that you are asking, I don’t really have a specific position. [05:30] But my
impression is always that people that come at things from a liberal critique,
not a critical critique, sort of assume that things were once good and now
they’re bad. That’s kind of a common sort of assumption. [05:42] So instead of
looking at the core structural origin of something, they sort of have an
assumption that at some point this must have served a useful function or it
wouldn’t exist. And so therefore it must have been good and now it’s bad.
[05:57] And also because of the rhetoric, of course, just like the Lockean
rhetoric of property: give the ownership of the product of labour to the
worker. Ideologically speaking, it’s been framed this way since the beginning.
[06:14] But of course, everybody understands that in the market system the
worker is only given the rights to own their labour if they can sell it.

[06:22]
Author Function

[06:26]
C.S.: Based on this assumption, developed a certain function of the author.
Could you please elaborate on this a bit more? The invention of the individual
author.

[06:39]
The author – in a certain point of history, in line of the development of, you
know, as modern society – capitalist industrial society – began to emerge, so
did with it the author. [06:53] Previous to this, the concept of the author
was not nearly so engrained. So the author hasn't always existed in this
static sense, as unique source of new creativity and new knowledge, creating
work ex nihilo from their imagination. [07:10] Previous to this there was
always a more social understanding of authorship, where authors were in a
continuous cultural dialogue with previous authors, contemporary authors,
later authors. [07:20] And authors would frequently reuse themes, plots,
characters, from other authors. For instance, Goethe’s Faust is a good example
that has been used by authors before and after Goethe, in their own stories.
And just like the Homeric traditions of ancient literature. [07:42] Culture
was always seen to be much about dialogue, where each generation of authors
would contribute to a common creative stock of characters, plots, ideas. But
that, of course, is not conducive to making knowledge into a commodity that
can be sold in the market. [08:00] So as we got into a market-based society,
in order to create this idea of intellectual property, of copyright, creating
something that can be sold on the market, the artist and the author had to
become individuals all of a sudden. [08:16] Because this kind of iterative
social dialogue doesn’t work well in a commodity form, because how do you
properly buy it and sell it?

[08:28]
Anti-Copyright

[08:33]
C.S.: The Next concept I would like to talk about is the anti-copyright. Could
you please explain a little bit what it actually is, and where it comes from?

[08:46]
From the very beginning of copyright many artists and authors rejected it from
ideological grounds, right from the beginning. [08:35] Because, of course,
what was now plagiarism, what was now illegal, and a violation of intellectual
property had been in many cases traditional practices that writers took for
granted forever. [09:09] The ability to reuse characters; the ability to take
plots, themes and ideas from other authors and reuse them. [09:16] So many
artists rejected this idea from the beginning. And this was the idea of
copyright. But, of course, because the dominant system that was emerging – the
market capitalist system – required the commodity form to make a living, this
was always a marginal community. [09:37] So it was radical artists, like the
Situationist International, or artists that had strong political beliefs, the
American folk musicians like Woody Guthrie – another famous example. [09:47]
And all of this people were not only against intellectual property. They were
not only against the commodification of cultural work. They were against the
commodification of work, period. [09:57] There was a proletarian movement.
They were very much against capitalism as well as intellectual property.

[10:04]
Examples of Anti-Copyright

[10:08]
C.S.: Could you give also some examples in the artworld for this
anti-copyright, or in the cultural world?

[10:15]
DK: Well, you know Lautréamont’s famous text, “plagiarism is necessary: it
takes a wrong idea and replaces it with the right idea.” [10:29] And
Lautréamont was a huge influence on a bunch of radical French artists
including, most famously, the Situationist International, who published their
journal with no copyright, denying copyright. [10:44] I guess that Woody
Guthrie has a famous thing that I quote in some article or other, maybe even
in the [Telekommunist] Manifesto, I don’t remember if it made it in – where he
expressly says, he openly supports people performing, copying, modifying his
songs. That was a note that he made in a song book of his. [11:11] And many
others – the whole practice is associated with communises, from Dada to
Neoism. [11:18] Much later, up to the mid-1990s, this was the dominant form.
So from the birth of copyright, up to the mid-1990s, the intellectual property
was being questioned on the radical fringes of artists. [11:34] For me
personally, as an artist, I started to become involved with artists like
Negativland and Plunderpalooza – sorry, Plunderpalooza was an act we did;
Plunderphonics is an album by John Oswald – the newest movements and the
festival of plagiarism. [11:51] This was the area that I personally
experienced in the 1990s, but it has a long history going back to Lautréamont,
if not earlier.

[12:01]
On the Fringe

[12:05]
C.S.: But you already mentioned the term fringe, so this kind of
anti-copyright attitude automatically implied that it could only happen on the
fringe, not in the actual cultural world.

[12:15]
Exactly. It is fundamentally incompatible with capitalism, because it denies
the value-form of culture. [12:22] And without the commodity form, it can’t
make a living, it has nothing to sell in the market. Because it’s not allowed
to sell on the market, it’s necessarily marginal. [12:34] So it’s necessarily
people who support themselves through “non-art” income, by other kinds of
work, or the small percentage of artists that can be supported by cultural
funding or universities, which is, you know, a relatively small group compared
to the proper cultural industries that are supported by copyright licensing.
[12:54] That includes the major movie houses, the major record labels, the
major publishing houses. Which is, you know, in orders of magnitude, a larger
number of artists.

[13:05]
Anti-Copyright Attitude

[13:10]
C.S.: So what would you say are the two, three, main characteristics of the
anti-copyright attitude?

[13:16]
Well, it completely rejects copyright as being legitimate. That’s a complete
denial of copyright. And usually it’s a denial of the existence of a unique
author as well. [13:28] So one of the things that is very characteristic is
the blurring of the distinction between producer and consumer. [13:37] So that
art is considered to be a dialogue, an interactive process where every
producer is also a consumer of art. So everybody is an artist in that sense,
everybody potentially can be. And it’s an ongoing process. [13:52] There’s no
distinction between producer and consumer. It’s just a transient role that one
plays in a process.

[13:59]
C.S.: And in that sense it relates back to the earlier ideas of cultural
production.

[14:04]
Exactly, to the pre-commodity form of culture.

[14:11]
Copyleft

[14:15]
C.S.: Could you please explain what copyleft is, where it comes from.

[14:20]
Copyleft comes out of the software community, the hacker community. It doesn’t
come out of artistic practice per se. And it comes out of the need to share
software. [14:30] Famously, Richard Stallman and the Free Software Foundation
started this project called GNU (GNU’s Not Unix), which is the, kind of, very
famous and important project. [14:44] And they publish the license called the
GPL, which sort of defined the copyleft idea. And copyleft is a very clever
kind of a hack, as they say in the hacker community. [14:53] What it does is
that it asserts copyright, full copyright, in order to provide a public
license, a free license. And it requires that any derivative work also carries
the same license. That’s what is different about it to anti-copyright. It’s
that, rather than denying copyright outright, copyleft is a copyright license
– it is a copyright – but then the claim is used in order to publicly make the
work available to anybody that wants it under very open terms. [15:28] The key
requirement, the distinctive requirement, is that any derivative work must
also be licenced under the same terms, under the copyleft terms. [15:38] This
is what we call viral, in that it perpetuates license. This is very clever,
because it takes copyright law, and it uses copyright law to create
intellectual property freedom, within a certain context. [15:55] But the
difference is, of course, that we are talking about software. And software,
economically speaking, from the point of view of the way software developers
actually make a living, is very different. [16:11] Because within the
productive cycle – the productive cycle can be said to have two phases,
sometimes called "department one" and "department two" in Marxian language or
in classical political economics. Producer’s goods and consumer’s goods; or
capital’s goods and consumer's goods models. [16:17] The idea is that some
goods are produced not for consumers but for producers. And these goods are
called capital. So they are goods that are used in production. And because
they are used in production, it’s not as important for capitalists to make a
profit on their circulation because they are input to production. [16:47] They
make their profits up stream, by actually using those goods in production, and
then creating goods that can be sold to the masses, circulated to the masses.
[16:56] And so because culture – art and culture – is normally a “department
two” good, consumer’s good, it’s completely, fundamentally incompatible with
capitalism because capitalism requires the capture of profits and the
circulation of consumer’s goods. But because software is largely a “department
one” good, producer’s good, it has no incompatibility with capitalism at all.
[17:18] In fact, capitalists very much like having their capital costs
reduced, because the vast majority of capitalists do not make commercial
software – license it. That’s only a very small class of capitalists. For the
vast majority of capitalists, the availability of free software as an input to
their production is a wonderful thing. [17:39] So this creates a sort of a
paradox, where under capitalism, only capital can be free. And because
software is capital, free software, and the GNU project, the Linux and the
vanilla projects exploded and became huge. [17:39] So, unlike the marginal-by-
necessity anti-copyright, free software became a mass movement, that has a
billion dollar industry, that has conferences all over the world that are
attended by tens of thousands of people. And everybody is for it. It’s this
really great big thing. [18:26] So it’s been rather different than
anti-copyright in term of its place in society. It’s become very prominent, very
successful. But, unfortunately – and I guess this is where we have to go next
– the reason why it is successful is because software is a producer’s good,
not a consumer’s good.

[18:38]
Copyleft Criticism

[18:42]
C.S.: So what is your basic criticism of copyleft?

[18:47]
I have no criticism of copyleft, except for the fact that some people think
that the model can be expanded into culture. It can’t be, and that’s the
problem. It's that a lot people from the arts community then kind of came back
to this original idea of questioning copyright through free software. [19:12]
So they maybe had some relationship with the original anti-copyright
tradition, or sometimes not at all. They are fresh out of design school, and
they never had any relationship with the radical tradition of anti-copyright.
And they encounter free software – they are like, yeah, that's great. [19:29]
And the spirit of sharing and cooperation inspires them. And they think that
the model can be taken from free software and applied to art and artists as
well, just like that. [19:41] But of course, there is a problem, because in a
capitalist society there has to be some economic sustainability behind the
practice, and because free culture modelled out of the GPL can’t work, because
the artists can’t make a living that way. [20:02] While capital will fund free
software, because they need free software – it’s a producer’s good, it’s input
to their production – capital has no need for free art. So they have also no
need to finance free art. [20:15] So if they can’t be financed by capital,
that automatically gives them a very marginal role in today’s society. [20:19]
Because that means that it has to be funded by something other than capital.
And those means are – back to the anti-copyright model – those are either non-
art income, meaning you do some other kind of work to self-finance your
artistic production, or the relatively small amount of public cultural
financing that is available – or now we have new things, like crowd funding –
all these  kinds of things that create some opportunities. But still
marginally small compared to the size of the capitalist economy. [20:52] So
the only criticism of copyleft is that it is inapplicable to cultural
production.

[21:00]
Copy-left and cultural production

[21:04]
C.S.: Why this principle of free software production, GPL principles, cannot
be applied to cultural production? Just again, to really point this out.

[21:20]
The difference is really the difference between “department one” goods,
producer's goods, and “department two” goods, consumer’s goods. [21:27] It’s
that capitalists, which obviously control the vast majority of investment in
this economy – so the vast majority of money that is spent to allow people to
realise projects of any kind. The source of this money is capital investment.
[21:42] And capital is happy to invest in producer’s goods, even if they are
free. Because they need these goods. So they have no requirement to seek these
goods. [21:53] If you are running a company like Amazon, you are not making
any money selling Linux, you are making money selling web services, books and
other kinds of derivative products. You need free software to run your data
centre, to run your computer. [22:08] So the cost of software to you is a
cost, and so you're happy to have free software and support it. Because it
makes a lot more sense for you to contribute to some project that it’s also
used by five other companies. [22:21] And in the end all of you have this tool
that you can run on your computer, and run your business with, than actually
either buying a license from some company, which can be expensive, inflexible,
and you can't control it, and if it doesn't work the way you want, you cannot
change it. [22:36] So free software has a great utility for producers. That's
why it's a capital good, a producer's good, a "department one" good. [22:45]
But art and culture do not have the same economic role. Capital is not
interested in developing free culture and free art. They don't need it, they
don't do anything with it. And the capitalist that produces art and culture
requires it to have a commodity form, which is what copyright is. [23:00] So
they require a form that they can sell on the market, which requires it to
have the exclusive, non-reproducible commodity form – that copyright was
developed in order to commodify culture. [23:14] So that is why the copyleft
tradition won't work for free culture – because even though free culture and
anti-copyright predates it, it predates it as a radical fringe. And the
radical fringe isn't supported by capital. It's supported, as we said, by
outside income, non-art income, and other kind of things like small cultural
funds.

[23:38]
Creative Commons

[23:42]
C.S.: In the last ten years we have seen new business models that very much
depend on free content as well. Could you please elaborate on this a bit?

[23:56]
Well, that’s the thing. Now we have the kind of Web 2.0/Facebook world.
[24:00] The entire copyright law – the so-called "good copyright" that
protected artists – was all based on the idea of the mechanical copy. And the
mechanical copy made a lot of sense in the printing press era where, if you
had some intellectual property, you could license it through mechanical
copies. So every time it was copied, somebody owed you a royalty. Very simple.
[24:26] But in a Web 2.0 world, where we have YouTube, Facebook, Twitter and
things like that, this doesn't really work very well. Because if you post
something online and then you need to get paid a royalty every time it gets
copied (and it gets copied millions of times), this becomes very impractical.
[24:44] And so this is where the Creative Commons really comes in. Because the
Creative Commons comes in just exactly at this time – as the Internet is kind
of bursting out of its original military and NGO roots, and really hitting the
general public. At the same time free software is something that is becoming
better known, and inspiring more people – so the ideas of questioning
copyright are becoming more prominent. [25:16] So Creative Commons seizes on
this kind of principles approach that anti-copyright and copyleft take. And
again, one of the single most important things about anti-copyright and
copyleft is that in both cases the freedom that they are talking about – the
free culture that they represent – is the freedom of the consumer to become
the producer. It's the denial of the distinction between consumer and
producer. [25:41] So even though the Creative Commons has a lot of different
licenses, including some that are GPL compatible – they're approved for free
cultural work, or whatever it's called – there is one license in particular
that makes up the vast majority of the works in the Creative Commons, one
license in particular which is like the signature license of the Creative
Commons – it's the non-commercial license. And this is obviously... The
utility of that is very clear because, as we said, artists can't make a living
in a copyleft sense. [26:18] In order for artists to make a living in the
capitalist system, they have to be able to negotiate non-free rights with
their publishers. And if they can't do that, they simply can't make a living.
At least, not in the mainstream community. There is a certain small place for
artists to make a living in the alternative and fringe elements of the
artworld. [26:42] But if you are talking about making a movie, a novel, a
record, then you at some point are going to need to negotiate a contract with
the publisher. Which means, you're going to have to be able negotiate non-free
terms. [27:00] So what non-commercial [licensing] does, is that it allows
people to share your stuff, making you more famous, getting more people to
know you – building its value, so to speak. But they can't actually do
anything commercial with it. And if they want to do anything commercial with
it, they have to come back to you and they have to negotiate a non-free
license. [27:19] So this is very practical, because it solves a lot of
problems for artists that want to make work available online in order to get
better known, but still want to eventually, at some point in the future,
negotiate non-free terms with a publishing company. [27:34] But while it's
very practical, it fundamentally violates the idea that copyleft and
anti-copyright set out to challenge – and this is distinction between the producer
and the consumer. Because of this, the consumer cannot become the producer.
And that is the criticism of the Creative Commons. [27:52] That's why I want
to talk about this thing, I often say, a tragedy in three parts. The first
part is a tragedy because it has to remain fringe, because of its complete
incompatibility with the dominant capitalism. [28:04] The second part,
copyleft, is a tragedy because while it works great for software, it can't and
it won't work for art. [28:10] And the third part is a tragedy because it
actually undermines the whole idea and brings the author back to the surface,
back from the dead. But the author kind of remerges as a sort of useful idiot,
because the "some rights reserved" are basically the rights to sell your
intellectual property to the publisher in exactly the same way as the early
industrial factory worker would have sold their labour to the factory.

[28:36]
C.S.: And that creates by no means a commons.

[28:41]
It by no means creative a commons, right. Because a primary function of a
commons is that it would be available for use by others producers, and the
Creative Commons isn't because you don't have any right to create your own
work to make a living from the works in the commons – because of the non-
commercial clause that covers a large percentage of the works there.

[29:09]
Peer Production License

[29:13]
C.S.: But you were thinking of an alternative. What is the alternative?

[29:19]
There is no easy alternative. The fact is that, so long as we have a cultural
industry that is dominated by market capitalism, then the majority of artists
working within it will have to work in that form. We can't arbitrarily, as
artists, simply pretend that the industry as it is doesn't exist. [29:41] But
at the same time we can hope that alternatives will develop – that alternative
ways of producing and sharing cultural works will develop. So that the
copyfarleft license... [29:52] I describe the Creative Commons as
copyjustright. It's not copyright, it's copyjustright – you can tune it, you
can tailor it to your specific interests or needs. But it is still copyright,
just a more fine-tuneable copyright that is better for a Web 2.0 distribution
model. [30:12] The alternative is what I call copyfarleft, which also starts
off with the Creative Commons non-commercial model for the simple reason that,
as we discussed, if you are an actually existing artist in the actually
existing cultural industries of today, you are going to have to make a living,
on the most part, by selling non-free works to publishers, non-free licenses
to publishers. That's simply the way the industry works. [30:37] But in order
not to close the door on another industry developing – a different kind of
industry developing – after denying commercial works blankly (so it has a non-
commercial clause), then it expressly allows commercial usage by non-
capitalist organisations, independent cooperatives, non-profits –
organisations that are not structured around investment capital and wage
labour, and so forth; that are not for-profit organisations that are enriching
private individuals and appropriating value from workers. [31:15] So this
allows you to succeed, at least potentially succeed as a commercial artist in
the commercial world as it is right now. But at the same time it doesn't close
the door on another kind of community from developing, other kind of industry
from developing. [31:35] And we have to understand that we are not going to be
able to get rid of the cultural industries as they exist today, until we have
another set of institutions that can play those same roles. They're not going
to magically vanish, and be magically replaced. [31:52] We have to, at the
same time as those exist, build up new kind of institutions. We have to think
of new ways to produce and share cultural works. And only when we've done
that, will the cultural institutions as they are today potentially go away.
[32:09] So the copyfarleft license tries to bridge that gap by allowing the
commons to grow, but at the same time allowing the commons producers to make a
living as they normally would within the regular cultural industry. [32:25]
Some good examples where you can see something like this – might be clear –
are some of the famous novelists like Wu Ming or Cory Doctorow, people that
have done very well by publishing their works under Creative Commons non-
commercial licenses. [32:42] Wu Ming's books, which are published, I believe,
by Random House or some big publisher, are available under a Creative Commons
non-commercial license. So if you want to download them for personal use, you
can. But if you are Random House, and you want to publish them and put them on
bookstores, and manufacture them in huge supply, you have to negotiate non-
free terms with Wu Ming. And this allows Wu Ming to make a living by licensing
their work to Random House. [33:10] But while it does do that, what it doesn't
do is allow that book to be manufactured any other way. So that means that
this capitalist form of production becomes the only form that you can
commercially produce this book – except for independents, just for their own
personal use. [33:25] Whereas if their book was instead under a copyfarleft
license, what we call the "peer production" licence, then not only could they
continue to work as they do, but also potentially their book could be made
available through other means as well. Like, independent workers cooperatives
could start manufacturing it, selling it and distributing it locally in their
own areas, and make a commercial living out of it. And then perhaps if those
were to actually succeed, then they could grow and start to provide some of
the functions that capitalist institutions do now.

[34:00]
Miscommunication Technology

[34:05]
The artworks that we do are more related to the topologies side of the theory
– the relationship between network topologies, communication topologies, and
the social relations embedded in communication systems with the political
economy and economic ideas, and people's relationships to each other. [34:24]
The Miscommunication Technologies series has been going on for a quite a while
now, I guess since 2006 or so. Most of the works were pretty obscure, but the
more recent works are getting more attention and better known. And I guess
that the ones that we're talking about and exhibiting the most are deadSwap,
Thimbl and R15N, and these all attempt to explore some of the ideas.

[35:01]
deadSwap

[35:06]
deadSwap is a file sharing system. It's playing on the kind of
circumventionist technologies that are coming out of the file sharing
community, and this idea that technology can make us be able to evade the
legal and economic structures. So deadSwap wants to question this by creating
a very extreme parody of what it would actually mean to really be private.
[35:40] It is a file sharing system, that in order to be private it only
exists on one USB stick. And this USB stick is hidden in public space, and its
user send text messages to an anonymous SMS gateway in order to tell other
users where they've hidden the stick. When you have the stick you can upload
and download files to it – it's a file sharing system. It has a Wiki and file
space, essentially. Then you hide the stick somewhere, and you text the system
and it forwards your message to the next person that is waiting to share data.
And this continues like that, so then that person can share data on it, they
hide it somewhere and send an SMS to the system which then it gets forwarded
to the next person. [36:28] This work serves a few different functions at
once. First, it starts to get people to understand networks and all the basic
components. The participants in the artwork actually play a network node – you
are passing on information as if you are part of a network. So this gets
people to start thinking about how networks work, because they are playing the
network. [36:52] But on the other hand, it also tries to get cross the idea
that the behaviour of the user is much important than the technology, when it
comes to security and privacy. So how difficult it is – the system is very
private – how difficult it is to actually use it, not lose the stick, not to
get discovered. [37:11] It's actually very difficult to actually use. Even
though it seems so simple, normally people lose the USB key within like an
hour or two of starting the system. It doesn't... All the secret agent manuals
that say, be a secret agent spy – isn't easy, and it tries to get this across,
that actually it's not nearly as easy to evade the economic and political
dimensions of our society as it should be. [37:45] Maybe it's better that we
politically fight to avoid having to share information only by hiding USB
sticks in public space, sticking around and acting like spies.

[37:57]
Thimbl

[38:02]
Thimbl is another work, and it is completely online. This work in some ways
has become a signature work for us, even though it doesn't really have any
physical presence. It's a purely conceptual work. [38:15] One of the arguments
that the Manifesto makes is that the Internet was a fully distributed social
media platform – that's what the Internet was, and then it was replaced,
because of capitalism and because of the economic logic of the market, with
centralised communication platforms like Twitter and Facebook. [38:40] And
despite that, within the free software community and the hacker community,
there's the opposite myth, just like the copyright myth. There's this idea
that we are moving towards decentralised software. [38:54] You see people like
Eben Moglen making this point a lot, when he says, now we have Facebook, but
because of FreedomBox, Diaspora and a laundry list of other projects, we're
eventually going to reach a decentralised software. [39:07] But this makes two
assumptions that are incorrect. The first is that we are starting with
centralised media and we are going to decentralised media, which actually is
incorrect. We started with a decentralised social media platform and we moved
to a centralised one. [39:40] And the second thing that is incorrect is that
we can move from a centralised platform to a decentralised platform if we just
create the right technology, so the problem is technological. [39:34] With
Thimbl we wanted to make the point that that wasn't true, that the problem was
actually political. The technological problem is trivial. The computer
sciences have been around forever. The problem is political. [39:43] The
problem is that these systems will not be financed by capital, because capital
requires profit in order to sustain itself. In order to capture profit it
needs to have control of user interaction and user's data. [39:57] To
illustrate this, we created a micro-blogging platform like Twitter, but using
a protocol of the 1970s called Finger. So we've used the protocol that has
been around since the 1970s and made a micro-blogging platform out of it –
fully, totally distributed micro-blogging platform. And then promoted it as if
it was a real thing, with videos and website, and stuff like that. But of
course, there is no way to sign up for it, because it's just a concept.
[40:22] And then there are some scripts that other people wrote that actually
made it to a certain degree real. For us it was just a concept, but then
people actually took it and made working implementations of it, and there are
several working implementations of Thimbl. [40:38] But the point remains that
the problem is not technical, the problem is political. So we came up with
this idea of the economic fiction, or the social fiction. [40:47] Because in
science fiction you often have situations where something that eventually
became a real technology was originally introduced in a fictional context as a
science fiction. [40:59] The reason it's fictional is because science at the
time was not able to create the thing, but as science transcends its
limitations, what was once fictional technology became real technology. So we
have this idea of a social or economic fiction. [41:15] Thimbl is not science
fiction. Technologically speaking it demonstrably works – it's a demonstrably
working concept. The problem is economic. [41:23] For Thimbl to become a
reality, society has to transcend its economic limitations – it's social and
economic limitations in order to find ways to create communication systems
that are not simply funded by the capture of user data and information, which
Thimbl can't do because it is a distributive system. You can't control the
users, you can't know who is using it or what they are doing, because it's
fully distributed.

[41:47]
R15N

[41:52]
The R15N has elements of both of those things. We wanted to create a system
that was basically drawn a little from deadSwap, but I wanted to take out the
secret agent element of it. Because I was really... [42:08] The first place it
was commissioned to be in was actually in Tel Aviv, in Israel, the [Israeli]
Center for Digital Art. And this kind of spy aesthetic that deadSwap had, I
didn't think it would be an appropriate aesthetic in that context. [42:22] The
idea that of trying to convince young people in a poor area in Tel Aviv to act
like spies and hide USB sticks in public space didn't seem like a good idea.
[42:34] So I wanted to go the other way, and I wanted to really emphasise the
collaboration, and create a kind of system that is pretty much totally
impossible to use, but only if you really cooperate you can make it work.
[42:45] So I took another old approach called the telephone tree. I don't know
if you remember telephone trees. Telephone trees existed for years before the
Internet, when schools and army reserves needed to be quickly dispatched, and
it worked with a very simple tree topology. [43:01] You had a few people that
were the top nodes, that then called the list of two or three people, that
then called the list of two or three people, that then called the list of two
or three people... And the message can be sent through the community very
rapidly through a telephone tree. [43:14] It is often used in Canada for
announcing snow days at school, for instance. If the school was closed, they
would call three parents, who would each call three parents, who would each
call three parents, and so forth. So that all the parents knew that the school
was closed. That's one aspect. [43:30] Another aspect of it is that
telephones, especially mobile phones, are really advertised as a very freedom
enabling kind of a thing. Things that you can go anywhere... [43:41] I don't
know if you remember some of the early telephones ads where there are always
businessmen on the beach. I remember this one where this woman's daughter
wants to make an appointment with her because she only has time for her
colleague appointments, and so it's this whole thing about spending more time
with her daughter – so she takes her daughter to the beach, which she is able
to do because she can still conduct business on her mobile phone. So it's this
freedom kind of a thing. [44:04] But in areas like the Jessi Cohen area in Tel
Aviv where we were working, and other areas where the project has been
exhibited, like Johannesburg – other places like that, the telephone has a
very different role, because it's free to receive phone calls, but it costs
much to make phone calls, in most parts of the world, especially in these poor
areas. [44:25] So the telephone is a very asymmetric power relationship based
on your availability of credit. So rather than being a freedom enabling thing,
it's a control technology. So young people and poor people that carry them
can't actually make any calls, they can't call anybody. They can only receive
calls. [44:40] So it's used as a tedder, a control system from their parents,
their teachers, their employers, so they can know where they are at any time
and say, hey why aren't you at work, or where are you, what are you doing.
It's actually a control technology. [44:54] We wanted to invert that too. So
the way the phone tree system work is that, when you have a message you
initiate a phone call, so you initiate a new tree, the system phones you...
[45:05] And you can initiate a new tree in the modern versions by pushing a
button in the gallery. There's a physical button in the gallery, you push the
button, there's a phone beside it, it rings a random person, you tell them
your message, and then it creates an ad hoc telephone tree. It takes all the
subscribers and arranges them in a tree, just like in the old telephone tree,
and each person calls each person, until your message, in theory, gets through
the community. [45:28] But of course in reality nobody answers their phones,
you get voicemail, and then you get voicemail talking to voicemail. Of course,
voice from the Internet is fake to begin with, so calls fail. So it actually
becomes this really frenetic system where people actually don’t know what's
going on, and the message is constantly lost. [45:44] And of course, you have
all of these missed phone calls, this high pressure of the always-on world.
You are always getting these phone calls, and you're missing phone calls, and
actually nobody ever knows what the message is. So it actually creates this
kind of mass confusion. [46:00] This once again demonstrates that the users –
what we call jokingly in the R15N literature, the diligence of the users, is
so much required for these systems to work. Technologically, the system is
actually more or less hindered. [46:21] But they also serve not only to make
that message, which is a more general message – but also, like in the other
ones, in R15N you are a node in the network. So when you don’t answer a call
you know that a message is dropped. [46:36] So you can image how volatile
information is in networks. When you pass your information through a third
party, you realise that they can drop it, they can change it, they can
introduce their own information. [46:50] And that is true in R15N, but is also
true in Facebook, in Twitter, and in any time you send messages through some
third party. That is one of the messages that is core to the series.


 

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