Dekker & Barok
Copying as a Way to Start Something New A Conversation with Dusan Barok about Monoskop
2017


COPYING AS A WAY TO START SOMETHING NEW
A Conversation with Dusan Barok about Monoskop

Annet Dekker

Dusan Barok is an artist, writer, and cultural activist involved
in critical practice in the fields of software, art, and theory. After founding and organizing the online culture portal
Koridor in Slovakia from 1999–2002, in 2003 he co-founded
the BURUNDI media lab where he organized the Translab
evening series. A year later, the first ideas about building an
online platform for texts and media started to emerge and
Monoskop became a reality. More than a decade later, Barok
is well-known as the main editor of Monoskop. In 2016, he
began a PhD research project at the University of Amsterdam. His project, titled Database for the Documentation of
Contemporary Art, investigates art databases as discursive
platforms that provide context for artworks. In an extended
email exchange, we discuss the possibilities and restraints
of an online ‘archive’.
ANNET DEKKER

You started Monoskop in 2004, already some time ago. What
does the name mean?
DUSAN BAROK

‘Monoskop’ is the Slovak equivalent of the English ‘monoscope’, which means an electric tube used in analogue TV
broadcasting to produce images of test cards, station logotypes, error messages but also for calibrating cameras. Monoscopes were automatized television announcers designed to
speak to both live and machine audiences about the status
of a channel, broadcasting purely phatic messages.
AD
Can you explain why you wanted to do the project and how it
developed to what it is now? In other words, what were your
main aims and have they changed? If so, in which direction
and what caused these changes?
DB

I began Monoskop as one of the strands of the BURUNDI
media lab in Bratislava. Originally, it was designed as a wiki
website for documenting media art and culture in the eastern part of Europe, whose backbone consisted of city entries
composed of links to separate pages about various events,

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initiatives, and individuals. In the early days it was modelled
on Wikipedia (which had been running for two years when
Monoskop started) and contained biographies and descriptions of events from a kind of neutral point of view. Over
the years, the geographic and thematic boundaries have
gradually expanded to embrace the arts and humanities in
their widest sense, focusing primarily on lesser-known
1
phenomena.1 Perhaps the biggest change is the ongoing
See for example
shift from mapping people, events, and places towards
https://monoskop.org/
Features. Accessed
synthesizing discourses.
28 May 2016.
A turning point occurred during my studies at the
Piet Zwart Institute, in the Networked Media programme
from 2010–2012, which combined art, design, software,
and theory with support in the philosophy of open source
and prototyping. While there, I was researching aspects of
the networked condition and how it transforms knowledge,
sociality and economics: I wrote research papers on leaking
as a technique of knowledge production, a critique of the
social graph, and on the libertarian values embedded in the
design of digital currencies. I was ready for more practice.
When Aymeric Mansoux, one of the tutors, encouraged me
to develop my then side-project Monoskop into a graduation
work, the timing was good.
The website got its own domain, a redesign, and most
crucially, the Monoskop wiki was restructured from its
2
focus on media art and culture towards the much wider
https://monoskop.org/
embrace
of the arts and humanities. It turned to a media
Symposium. Accessed
28 May 2016.
library of sorts. The graduation work also consisted of
a symposium about personal collecting and media ar3
chiving,2 which saw its loose follow-ups on media aeshttps://monoskop.org/
thetics (in Bergen)3 and on knowledge classification and
The_Extensions_of_
Many. Accessed
archives (in Mons)4 last year.
28 May 2016.

AD

https://monoskop.org/
Ideographies_of_
Knowledge. Accessed
28 May 2016.

Did you have a background in library studies, or have
you taken their ideas/methods of systemization and categorization (meta data)? If not, what are your methods
and how did you develop them?

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4

been an interesting process, clearly showing the influence
of a changing back-end system. Are you interested in the
idea of sharing and circulating texts as a new way not just
of accessing and distributing but perhaps also of production—and publishing? I’m thinking how Aaaaarg started as
a way to share and exchange ideas about a text. In what
way do you think Monoskop plays (or could play) with these
kinds of mechanisms? Do you think it brings out a new
potential in publishing?

DB

Besides the standard literature in information science (I
have a degree in information technologies), I read some
works of documentation scientists Paul Otlet and Suzanne
Briet, historians such as W. Boyd Rayward and Ronald E.
Day, as well as translated writings of Michel Pêcheux and
other French discourse analysts of the 1960s and 1970s.
This interest was triggered in late 2014 by the confluence
of Femke’s Mondotheque project and an invitation to be an
artist-in-residence in Mons in Belgium at the Mundaneum,
home to Paul Otlet’s recently restored archive.
This led me to identify three tropes of organizing and
navigating written records, which has guided my thinking
about libraries and research ever since: class, reference,
and index. Classification entails tree-like structuring, such
as faceting the meanings of words and expressions, and
developing classification systems for libraries. Referencing
stands for citations, hyperlinking and bibliographies. Indexing ranges from the listing of occurrences of selected terms
to an ‘absolute’ index of all terms, enabling full-text search.
With this in mind, I have done a number of experiments.
There is an index of selected persons and terms from
5
across the Monoskop wiki and Log.5 There is a growing
https://monoskop.org/
list of wiki entries with bibliographies and institutional
Index. Accessed
28 May 2016.
infrastructures of fields and theories in the humanities.6
There is a lexicon aggregating entries from some ten
6
dictionaries of the humanities into a single page with
https://monoskop.org/
hyperlinks to each full entry (unpublished). There is an
Humanities. Accessed
28 May 2016.
alternative interface to the Monoskop Log, in which entries are navigated solely through a tag cloud acting as
a multidimensional filter (unpublished). There is a reader
containing some fifty books whose mutual references are
turned into hyperlinks, and whose main interface consists
of terms specific to each text, generated through tf-idf algorithm (unpublished). And so on.

DB

The publishing market frames the publication as a singular
body of work, autonomous from other titles on offer, and
subjects it to the rules of the market—with a price tag and
copyright notice attached. But for scholars and artists, these
are rarely an issue. Most academic work is subsidized from
public sources in the first place, and many would prefer to
give their work away for free since openness attracts more
citations. Why they opt to submit to the market is for quality
editing and an increase of their own symbolic value in direct
proportion to the ranking of their publishing house. This
is not dissimilar from the music industry. And indeed, for
many the goal is to compose chants that would gain popularity across academia and get their place in the popular
imagination.
On the other hand, besides providing access, digital
libraries are also fit to provide context by treating publications as a corpus of texts that can be accessed through an
unlimited number of interfaces designed with an understanding of the functionality of databases and an openness
to the imagination of the community of users. This can
be done by creating layers of classification, interlinking
bodies of texts through references, creating alternative
indexes of persons, things and terms, making full-text
search possible, making visual search possible—across
the whole of corpus as well as its parts, and so on. Isn’t
this what makes a difference? To be sure, websites such
as Aaaaarg and Monoskop have explored only the tip of

AD

Indeed, looking at the archive in many alternative ways has

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the iceberg of possibilities. There is much more to tinker
and hack around.

within a given text and within a discourse in which it is
embedded. What is specific to digital text, however, is that
we can search it in milliseconds. Full-text search is enabled
by the index—search engines operate thanks to bots that
assign each expression a unique address and store it in a
database. In this respect, the index usually found at the
end of a printed book is something that has been automated
with the arrival of machine search.
In other words, even though knowledge in the age of the
internet is still being shaped by the departmentalization of
academia and its related procedures and rituals of discourse
production, and its modes of expression are centred around
the verbal rhetoric, the flattening effects of the index really
transformed the ways in which we come to ‘know’ things.
To ‘write’ a ‘book’ in this context is to produce a searchable
database instead.

AD

It is interesting that whilst the accessibility and search potential has radically changed, the content, a book or any other
text, is still a particular kind of thing with its own characteristics and forms. Whereas the process of writing texts seems
hard to change, would you be interested in creating more
alliances between texts to bring out new bibliographies? In
this sense, starting to produce new texts, by including other
texts and documents, like emails, visuals, audio, CD-ROMs,
or even un-published texts or manuscripts?
DB

Currently Monoskop is compiling more and more ‘source’
bibliographies, containing digital versions of actual texts
they refer to. This has been very much in focus in the past
two or three years and Monoskop is now home to hundreds
of bibliographies of twentieth-century artists, writers, groups,
and movements as well as of various theories and human7
ities disciplines.7 As the next step I would like to move
See for example
on to enabling full-text search within each such biblioghttps://monoskop.
org/Foucault,
raphy. This will make more apparent that the ‘source’
https://monoskop.
bibliography
is a form of anthology, a corpus of texts
org/Lissitzky,
https://monoskop.
representing a discourse. Another issue is to activate
org/Humanities.
cross-references
within texts—to turn page numbers in
All accessed
28 May 2016.
bibliographic citations inside texts into hyperlinks leading
to other texts.
This is to experiment further with the specificity of digital text. Which is different both to oral speech and printed
books. These can be described as three distinct yet mutually
encapsulated domains. Orality emphasizes the sequence
and narrative of an argument, in which words themselves
are imagined as constituting meaning. Specific to writing,
on the other hand, is referring to the written record; texts
are brought together by way of references, which in turn
create context, also called discourse. Statements are ‘fixed’
to paper and meaning is constituted by their contexts—both

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AD

So, perhaps we finally have come to ‘the death of the author’,
at least in so far as that automated mechanisms are becoming active agents in the (re)creation process. To return to
Monoskop in its current form, what choices do you make
regarding the content of the repositories, are there things
you don’t want to collect, or wish you could but have not
been able to?
DB

In a sense, I turned to a wiki and started Monoskop as
a way to keep track of my reading and browsing. It is a
by-product of a succession of my interests, obsessions, and
digressions. That it is publicly accessible is a consequence
of the fact that paper notebooks, text files kept offline and
private wikis proved to be inadequate at the moment when I
needed to quickly find notes from reading some text earlier.
It is not perfect, but it solved the issue of immediate access
and retrieval. Plus there is a bonus of having the body of
my past ten or twelve years of reading mutually interlinked
and searchable. An interesting outcome is that these ‘notes’
are public—one is motivated to formulate and frame them

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as to be readable and useful for others as well. A similar
difference is between writing an entry in a personal diary
and writing a blog post. That is also why the autonomy
of technical infrastructure is so important here. Posting
research notes on Facebook may increase one’s visibility
among peers, but the ‘terms of service’ say explicitly that
anything can be deleted by administrators at any time,
without any reason. I ‘collect’ things that I wish to be able
to return to, to remember, or to recollect easily.
AD

Can you describe the process, how do you get the books,
already digitized, or do you do a lot yourself? In other words,
could you describe the (technical) process and organizational aspects of the project?
DB

In the beginning, I spent a lot of time exploring other digital
libraries which served as sources for most of the entries on
Log (Gigapedia, Libgen, Aaaaarg, Bibliotik, Scribd, Issuu,
Karagarga, Google filetype:pdf). Later I started corresponding with a number of people from around the world (NYC,
Rotterdam, Buenos Aires, Boulder, Berlin, Ploiesti, etc.) who
contribute scans and links to scans on an irregular basis.
Out-of-print and open-access titles often come directly from
authors and publishers. Many artists’ books and magazines
were scraped or downloaded through URL manipulation
from online collections of museums, archives and libraries.
Needless to say, my offline archive is much bigger than
what is on Monoskop. I tend to put online the files I prefer
not to lose. The web is the best backup solution I have
found so far.
The Monoskop wiki is open for everyone to edit; any user
can upload their own works or scans and many do. Many of
those who spent more time working on the website ended up
being my friends. And many of my friends ended up having
an account as well :). For everyone else, there is no record
kept about what one downloaded, what one read and for
how long... we don’t care, we don’t track.

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AD

In what way has the larger (free) publishing context changed
your project, there are currently several free texts sharing
initiatives around (some already before you started like Textz.
com or Aaaaarg), how do you collaborate, or distinguish
from each other?
DB

It should not be an overstatement to say that while in the
previous decade Monoskop was shaped primarily by the
‘media culture’ milieu which it intended to document, the
branching out of its repository of highlighted publications
Monoskop Log in 2009, and the broadening of its focus to
also include the whole of the twentieth and twenty-first
century situates it more firmly in the context of online
archives, and especially digital libraries.
I only got to know others in this milieu later. I approached
Sean Dockray in 2010, Marcell Mars approached me the
following year, and then in 2013 he introduced me to Kenneth Goldsmith. We are in steady contact, especially through
public events hosted by various cultural centres and galleries.
The first large one was held at Ljubljana’s hackerspace Kiberpipa in 2012. Later came the conferences and workshops
organized by Kuda at a youth centre in Novi Sad (2013), by
the Institute of Network Cultures at WORM, Rotterdam (2014),
WKV and Akademie Schloss Solitude in Stuttgart (2014),
Mama & Nova Gallery in Zagreb (2015), ECC at Mundaneum,
Mons (2015), and most recently by the Media Department
8
of the University of Malmo (2016).8
For more information see,
The leitmotif of all these events was the digital library
https://monoskop.org/
Digital_libraries#
and their atmosphere can be described as the spirit of
Workshops_and_
early
hacker culture that eventually left the walls of a
conferences.
Accessed 28 May 2016.
computer lab. Only rarely there have been professional
librarians, archivists, and publishers among the speakers, even though the voices represented were quite diverse.
To name just the more frequent participants... Marcell
and Tom Medak (Memory of the World) advocate universal
access to knowledge informed by the positions of the Yugoslav

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Marxist school Praxis; Sean’s work is critical of the militarization and commercialization of the university (in the
context of which Aaaaarg will always come as secondary, as
an extension of The Public School in Los Angeles); Kenneth
aims to revive the literary avant-garde while standing on the
shoulders of his heroes documented on UbuWeb; Sebastian
Lütgert and Jan Berger are the most serious software developers among us, while their projects such as Textz.com and
Pad.ma should be read against critical theory and Situationist cinema; Femke Snelting has initiated the collaborative
research-publication Mondotheque about the legacy of the
early twentieth century Brussels-born information scientist
Paul Otlet, triggered by the attempt of Google to rebrand him
as the father of the internet.
I have been trying to identify implications of the digital-networked textuality for knowledge production, including humanities research, while speaking from the position
of a cultural worker who spent his formative years in the
former Eastern Bloc, experiencing freedom as that of unprecedented access to information via the internet following
the fall of Berlin Wall. In this respect, Monoskop is a way
to bring into ‘archival consciousness’ what the East had
missed out during the Cold War. And also more generally,
what the non-West had missed out in the polarized world,
and vice versa, what was invisible in the formal Western
cultural canons.
There have been several attempts to develop new projects,
and the collaborative efforts have materialized in shared
infrastructure and introductions of new features in respective platforms, such as PDF reader and full-text search on
Aaaaarg. Marcell and Tom along with their collaborators have
been steadily developing the Memory of the World library and
Sebastian resuscitated Textz.com. Besides that, there are
overlaps in titles hosted in each library, and Monoskop bibliographies extensively link to scans on Libgen and Aaaaarg,
while artists’ profiles on the website link to audio and video
recordings on UbuWeb.

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AD

It is interesting to hear that there weren’t any archivist or
professional librarians involved (yet), what is your position
towards these professional and institutional entities and
persons?
DB

As the recent example of Sci-Hub showed, in the age of
digital networks, for many researchers libraries are primarily free proxies to corporate repositories of academic
9
journals.9 Their other emerging role is that of a digital
For more information see,
repository of works in the public domain (the role piowww.sciencemag.org/
news/2016/04/whosneered in the United States by Project Gutenberg and
downloading-piratedInternet Archive). There have been too many attempts
papers-everyone.
Accessed 28 May 2016.
to transpose librarians’ techniques from the paperbound
world into the digital domain. Yet, as I said before, there
is much more to explore. Perhaps the most exciting inventive approaches can be found in the field of classics, for
example in the Perseus Digital Library & Catalog and the
Homer Multitext Project. Perseus combines digital editions
of ancient literary works with multiple lexical tools in a way
that even a non-professional can check and verify a disputable translation of a quote. Something that is hard to
imagine being possible in print.
AD

I think it is interesting to see how Monoskop and other
repositories like it have gained different constituencies
globally, for one you can see the kind of shift in the texts
being put up. From the start you tried to bring in a strong
‘eastern European voice’, nevertheless at the moment the
content of the repository reflects a very western perspective on critical theory, what are your future goals. And do
you think it would be possible to include other voices? For
example, have you ever considered the possibility of users
uploading and editing texts themselves?
DB

The site certainly started with the primary focus on east-central European media art and culture, which I considered

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myself to be part of in the early 2000s. I was naive enough
to attempt to make a book on the theme between 2008–2010.
During that period I came to notice the ambivalence of the
notion of medium in an art-historical and technological
sense (thanks to Florian Cramer). My understanding of
media art was that it is an art specific to its medium, very
much in Greenbergian terms, extended to the more recent
‘developments’, which were supposed to range from neo-geometrical painting through video art to net art.
At the same time, I implicitly understood art in the sense
of ‘expanded arts’, as employed by the Fluxus in the early
1960s—objects as well as events that go beyond the (academic) separation between the arts to include music, film,
poetry, dance, design, publishing, etc., which in turn made
me also consider such phenomena as experimental film,
electro-acoustic music and concrete poetry.
Add to it the geopolitically unstable notion of East-Central
Europe and the striking lack of research in this area and
all you end up with is a headache. It took me a while to
realize that there’s no point even attempting to write a coherent narrative of the history of media-specific expanded
arts of East-Central Europe of the past hundred years. I
ended up with a wiki page outlining the supposed mile10
stones along with a bibliography.10
https://monoskop.
For this strand, the wiki served as the main notebook,
org/CEE. Accessed
28 May 2016. And
leaving behind hundreds of wiki entries. The Log was
https://monoskop.
more or less a ‘log’ of my research path and the presence
org/Central_and_
Eastern_Europe_
of ‘western’ theory is to a certain extent a by-product of
Bibliography.
my search for a methodology and theoretical references.
Accessed 28 May 2016.
As an indirect outcome, a new wiki section was
launched recently. Instead of writing a history of mediaspecific ‘expanded arts’ in one corner of the world, it takes
a somewhat different approach. Not a sequential text, not
even an anthology, it is an online single-page annotated
index, a ‘meta-encyclopaedia’ of art movements and styles,
intended to offer an expansion of the art-historical canonical
prioritization of the western painterly-sculptural tradition

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11

https://monoskop.
org/Art. Accessed
28 May 2016.

to also include other artists and movements around the
world.11
AD

Can you say something about the longevity of the project?
You briefly mentioned before that the web was your best
backup solution. Yet, it is of course known that websites
and databases require a lot of maintenance, so what will
happen to the type of files that you offer? More and more
voices are saying that, for example, the PDF format is all
but stable. How do you deal with such challenges?
DB

Surely, in the realm of bits, nothing is designed to last
forever. Uncritical adoption of Flash had turned out to be
perhaps the worst tragedy so far. But while there certainly
were more sane alternatives if one was OK with renouncing its emblematic visual effects and aesthetics that went
with it, with PDF it is harder. There are EPUBs, but scholarly publications are simply unthinkable without page
numbers that are not supported in this format. Another
challenge the EPUB faces is from artists' books and other
design- and layout-conscious publications—its simplified
HTML format does not match the range of possibilities for
typography and layout one is used to from designing for
paper. Another open-source solution, PNG tarballs, is not
a viable alternative for sharing books.
The main schism between PDF and HTML is that one represents the domain of print (easily portable, and with fixed
page size), while the other the domain of web (embedded
within it by hyperlinks pointing both directions, and with
flexible page size). EPUB is developed with the intention of
synthetizing both of them into a single format, but instead
it reduces them into a third container, which is doomed to
reinvent the whole thing once again.
It is unlikely that there will appear an ultimate convertor
between PDF and HTML, simply because of the specificities
of print and the web and the fact that they overlap only in
some respects. Monoskop tends to provide HTML formats

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next to PDFs where time allows. And if the PDF were to
suddenly be doomed, there would be a big conversion party.
On the side of audio and video, most media files on
Monoskop are in open formats—OGG and WEBM. There
are many other challenges: keeping up-to-date with PHP
and MySQL development, with the MediaWiki software
and its numerous extensions, and the mysterious ICANN
organization that controls the web domain.

as an imperative to us to embrace redundancy, to promote
spreading their contents across as many nodes and sites
as anyone wishes. We may look at copying not as merely
mirroring or making backups, but opening up for possibilities to start new libraries, new platforms, new databases.
That is how these came about as well. Let there be Zzzzzrgs,
Ůbuwebs and Multiskops.

AD

What were your biggest challenges beside technical ones?
For example, have you ever been in trouble regarding copyright issues, or if not, how would you deal with such a
situation?
DB

Monoskop operates on the assumption of making transformative use of the collected material. The fact of bringing
it into certain new contexts, in which it can be accessed,
viewed and interpreted, adds something that bookstores
don’t provide. Time will show whether this can be understood as fair use. It is an opt-out model and it proves to
be working well so far. Takedowns are rare, and if they are
legitimate, we comply.
AD

Perhaps related to this question, what is your experience
with users engagement? I remember Sean (from Aaaaarg,
in conversation with Matthew Fuller, Mute 2011) saying
that some people mirror or download the whole site, not
so much in an attempt to ‘have everything’ but as a way
to make sure that the content remains accessible. It is a
conscious decision because one knows that one day everything might be taken down. This is of course particularly
pertinent, especially since while we’re doing this interview
Sean and Marcell are being sued by a Canadian publisher.
DB

That is absolutely true and any of these websites can disappear any time. Archives like Aaaaarg, Monoskop or UbuWeb
are created by makers rather than guardians and it comes

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Bibliography
Fuller, Matthew. ‘In the Paradise of Too Many Books: An Interview with
Sean Dockray’. Mute, 4 May 2011. www.metamute.org/editorial/

articles/paradise-too-many-books-interview-seandockray. Accessed 31 May 2016.
Online digital libraries
Aaaaarg, http://aaaaarg.fail.
Bibliotik, https://bibliotik.me.
Issuu, https://issuu.com.
Karagarga, https://karagarga.in.
Library Genesis / LibGen, http://gen.lib.rus.ec.
Memory of the World, https://library.memoryoftheworld.org.
Monoskop, https://monoskop.org.
Pad.ma, https://pad.ma.
Scribd, https://scribd.com.
Textz.com, https://textz.com.
UbuWeb, www.ubu.com.

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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

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