Graziano, Mars & Medak
Learning from #Syllabus
2019
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LEARNING FROM
#SYLLABUS
VALERIA GRAZIANO,
MARCELL MARS,
TOMISLAV MEDAK
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LEARNING FROM #SYLLABUS
VALERIA GRAZIANO, MARCELL MARS, TOMISLAV MEDAK
The syllabus is the manifesto of the 21st century.
—Sean Dockray and Benjamin Forster1
#Syllabus Struggles
In August 2014, Michael Brown, an 18-year-old boy living in Ferguson, Missouri,
was fatally shot by police officer Darren Wilson. Soon after, as the civil protests denouncing police brutality and institutional racism began to mount across the United
States, Dr. Marcia Chatelain, Associate Professor of History and African American
Studies at Georgetown University, launched an online call urging other academics
and teachers ‘to devote the first day of classes to a conversation about Ferguson’ and ‘to recommend texts, collaborate on conversation starters, and inspire
dialogue about some aspect of the Ferguson crisis.’2 Chatelain did so using the
hashtag #FergusonSyllabus.
Also in August 2014, using the hashtag #gamergate, groups of users on 4Chan,
8Chan, Twitter, and Reddit instigated a misogynistic harassment campaign against
game developers Zoë Quinn and Brianna Wu, media critic Anita Sarkeesian, as well as
a number of other female and feminist game producers, journalists, and critics. In the
following weeks, The New Inquiry editors and contributors compiled a reading list and
issued a call for suggestions for their ‘TNI Syllabus: Gaming and Feminism’.3
In June 2015, Donald Trump announced his candidacy for President of the United
States. In the weeks that followed, he became the presumptive Republican nominee,
and The Chronicle of Higher Education introduced the syllabus ‘Trump 101’.4 Historians N.D.B. Connolly and Keisha N. Blain found ‘Trump 101’ inadequate, ‘a mock college syllabus […] suffer[ing] from a number of egregious omissions and inaccuracies’,
failing to include ‘contributions of scholars of color and address the critical subjects
of Trump’s racism, sexism, and xenophobia’. They assembled ‘Trump Syllabus 2.0’.5
Soon after, in response to a video in which Trump engaged in ‘an extremely lewd
conversation about women’ with TV host Billy Bush, Laura Ciolkowski put together a
‘Rape Culture Syllabus’.6
1
2
3
4
5
6
Sean Dockray, Benjamin Forster, and Public Office, ‘README.md’, Hyperreadings, 15 February
2018, https://samiz-dat.github.io/hyperreadings/.
Marcia Chatelain, ‘Teaching the #FergusonSyllabus’, Dissent Magazine, 28 November 2014,
https://www.dissentmagazine.org/blog/teaching-ferguson-syllabus/.
‘TNI Syllabus: Gaming and Feminism’, The New Inquiry, 2 September 2014, https://thenewinquiry.
com/tni-syllabus-gaming-and-feminism/.
‘Trump 101’, The Chronicle of Higher Education, 19 June 2016, https://www.chronicle.com/article/
Trump-Syllabus/236824/.
N.D.B. Connolly and Keisha N. Blain, ‘Trump Syllabus 2.0’, Public Books, 28 June 2016, https://
www.publicbooks.org/trump-syllabus-2-0/.
Laura Ciolkowski, ‘Rape Culture Syllabus’, Public Books, 15 October 2016, https://www.
publicbooks.org/rape-culture-syllabus/.
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In April 2016, members of the Standing Rock Sioux tribe established the Sacred Stone
Camp and started the protest against the Dakota Access Pipeline, the construction of
which threatened the only water supply at the Standing Rock Reservation. The protest at the site of the pipeline became the largest gathering of native Americans in
the last 100 years and they earned significant international support for their ReZpect
Our Water campaign. As the struggle between protestors and the armed forces unfolded, a group of Indigenous scholars, activists, and supporters of the struggles of
First Nations people and persons of color, gathered under the name the NYC Stands
for Standing Rock Committee, put together #StandingRockSyllabus.7
The list of online syllabi created in response to political struggles has continued to
grow, and at present includes many more examples:
All Monuments Must Fall Syllabus
#Blkwomensyllabus
#BLMSyllabus
#BlackIslamSyllabus
#CharlestonSyllabus
#ColinKaepernickSyllabus
#ImmigrationSyllabus
Puerto Rico Syllabus (#PRSyllabus)
#SayHerNameSyllabus
Syllabus for White People to Educate Themselves
Syllabus: Women and Gender Non-Conforming People Writing about Tech
#WakandaSyllabus
What To Do Instead of Calling the Police: A Guide, A Syllabus, A Conversation, A
Process
#YourBaltimoreSyllabus
It would be hard to compile a comprehensive list of all the online syllabi that have
been created by social justice movements in the last five years, especially, but not
exclusively, those initiated in North America in the context of feminist and anti-racist
activism. In what is now a widely spread phenomenon, these political struggles use
social networks and resort to the hashtag template ‘#___Syllabus’ to issue calls for
the bottom-up aggregation of resources necessary for political analysis and pedagogy
centering on their concerns. For this reason, we’ll call this phenomenon ‘#Syllabus’.
During the same years that saw the spread of the #Syllabus phenomenon, university
course syllabi have also been transitioning online, often in a top-down process initiated
by academic institutions, which has seen the syllabus become a contested document
in the midst of increasing casualization of teaching labor, expansion of copyright protections, and technology-driven marketization of education.
In what follows, we retrace the development of the online syllabus in both of these
contexts, to investigate the politics enmeshed in this new media object. Our argument
7
‘#StandingRockSyllabus’, NYC Stands with Standing Rock, 11 October 2016, https://
nycstandswithstandingrock.wordpress.com/standingrocksyllabus/.
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is that, on the one hand, #Syllabus names the problem of contemporary political culture as pedagogical in nature, while, on the other hand, it also exposes academicized
critical pedagogy and intellectuality as insufficiently political in their relation to lived
social reality. Situating our own stakes as both activists and academics in the present
debate, we explore some ways in which the radical politics of #Syllabus could be supported to grow and develop as an articulation of solidarity between amateur librarians
and radical educators.
#Syllabus in Historical Context: Social Movements and Self-Education
When Professor Chatelain launched her call for #FergusonSyllabus, she was mainly
addressing a community of fellow educators:
I knew Ferguson would be a challenge for teachers: When schools opened across
the country, how were they going to talk about what happened? My idea was simple, but has resonated across the country: Reach out to the educators who use
Twitter. Ask them to commit to talking about Ferguson on the first day of classes.
Suggest a book, an article, a film, a song, a piece of artwork, or an assignment that
speaks to some aspect of Ferguson. Use the hashtag: #FergusonSyllabus.8
Her call had a much greater resonance than she had originally anticipated as it reached
beyond the limits of the academic community. #FergusonSyllabus had both a significant impact in shaping the analysis and the response to the shooting of Michael
Brown, and in inspiring the many other #Syllabus calls that soon followed.
The #Syllabus phenomenon comprises different approaches and modes of operating. In some cases, the material is clearly claimed as the creation of a single individual, as in the case of #BlackLivesMatterSyllabus, which is prefaced on the project’s
landing page by a warning to readers that ‘material compiled in this syllabus should
not be duplicated without proper citation and attribution.’9 A very different position on
intellectual property has been embraced by other #Syllabus interventions that have
chosen a more commoning stance. #StandingRockSyllabus, for instance, is introduced as a crowd-sourced process and as a useful ‘tool to access research usually
kept behind paywalls.’10
The different workflows, modes of engagements, and positioning in relation to
intellectual property make #Syllabus readable as symptomatic of the multiplicity
that composes social justice movements. There is something old school—quite
literally—about the idea of calling a list of online resources a ‘syllabus’; a certain
quaintness, evoking thoughts of teachers and homework. This is worthy of investigation especially if contrasted with the attention dedicated to other online cultural
phenomena such as memes or fake news. Could it be that the online syllabus offers
8
9
10
Marcia Chatelain, ‘How to Teach Kids About What’s Happening in Ferguson’, The Atlantic, 25
August 2014, https://www.theatlantic.com/education/archive/2014/08/how-to-teach-kids-aboutwhats-happening-in-ferguson/379049/.
Frank Leon Roberts, ‘Black Lives Matter: Race, Resistance, and Populist Protest’, 2016, http://
www.blacklivesmattersyllabus.com/fall2016/.
‘#StandingRockSyllabus’, NYC Stands with Standing Rock, 11 October 2016, https://
nycstandswithstandingrock.wordpress.com/standingrocksyllabus/.
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a useful, fresh format precisely for the characteristics that foreground its connections to older pedagogical traditions and techniques, predating digital cultures?
#Syllabus can indeed be analyzed as falling within a long lineage of pedagogical tools
created by social movements to support processes of political subjectivation and the
building of collective consciousness. Activists and militant organizers have time and
again created and used various textual media objects—such as handouts, pamphlets,
cookbooks, readers, or manifestos—to facilitate a shared political analysis and foment
mass political mobilization.
In the context of the US, anti-racist movements have historically placed great emphasis on critical pedagogy and self-education. In 1964, the Council of Federated Organizations (an alliance of civil rights initiatives) and the Student Nonviolent
Coordinating Committee (SNCC), created a network of 41 temporary alternative
schools in Mississippi. Recently, the Freedom Library Project, a campaign born out
of #FergusonSyllabus to finance under-resourced pedagogical initiatives, openly
referenced this as a source of inspiration. The Freedom Summer Project of 1964
brought hundreds of activists, students, and scholars (many of whom were white)
from the north of the country to teach topics and issues that the discriminatory
state schools would not offer to black students. In the words of an SNCC report,
Freedom Schools were established following the belief that ‘education—facts to
use and freedom to use them—is the basis of democracy’,11 a conviction echoed
by the ethos of contemporary #Syllabus initiatives.
Bob Moses, a civil rights movement leader who was the head of the literary skills initiative in Mississippi, recalls the movement’s interest, at the time, in teaching methods
that used the very production of teaching materials as a pedagogical tool:
I had gotten hold of a text and was using it with some adults […] and noticed that
they couldn’t handle it because the pictures weren’t suited to what they knew […]
That got me into thinking about developing something closer to what people were
doing. What I was interested in was the idea of training SNCC workers to develop
material with the people we were working with.12
It is significant that for him the actual use of the materials the group created was much
less important than the process of producing the teaching materials together. This focus
on what could be named as a ‘pedagogy of teaching’, or perhaps more accurately ‘the
pedagogy of preparing teaching materials’, is also a relevant mechanism at play in the
current #Syllabus initiatives, as their crowdsourcing encourages different kinds of people
to contribute what they feel might be relevant resources for the broader movement.
Alongside the crucial import of radical black organizing, another relevant genealogy in
which to place #Syllabus would be the international feminist movement and, in particular, the strategies developed in the 70s campaign Wages for Housework, spearheaded
11
12
Daniel Perlstein, ‘Teaching Freedom: SNCC and the Creation of the Mississippi Freedom Schools’,
History of Education Quarterly 30.3 (Autumn 1990): 302.
Perlstein, ‘Teaching Freedom’: 306.
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by Selma James and Silvia Federici. The Wages for Housework campaign drove home
the point that unwaged reproductive labor provides a foundation for capitalist exploitation. They wanted to encourage women to denaturalize and question the accepted
division of labor into remunerated work outside the house and labor of love within
the confines of domesticity, discussing taboo topics such as ‘prostitution as socialized housework’ and ‘forced sterilization’ as issues impacting poor, often racialized,
women. The organizing efforts of Wages for Housework held political pedagogy at their
core. They understood that that pedagogy required:
having literature and other materials available to explain our goals, all written in a
language that women can understand. We also need different types of documents,
some more theoretical, others circulating information about struggles. It is important
that we have documents for women who have never had any political experience.
This is why our priority is to write a popular pamphlet that we can distribute massively and for free—because women have no money.13
The obstacles faced by the Wages for Housework campaign were many, beginning
with the issue of how to reach a dispersed constituency of isolated housewives
and how to keep the revolutionary message at the core of their claims accessible
to different groups. In order to tackle these challenges, the organizers developed
a number of innovative communication tactics and pedagogical tools, including
strategies to gain mainstream media coverage, pamphlets and leaflets translated
into different languages,14 a storefront shop in Brooklyn, and promotional tables at
local events.
Freedom Schools and the Wages for Housework campaign are only two amongst
the many examples of the critical pedagogies developed within social movements.
The #Syllabus phenomenon clearly stands in the lineage of this history, yet we should
also highlight its specificity in relation to the contemporary political context in which it
emerged. The #Syllabus acknowledges that since the 70s—and also due to students’
participation in protests and their display of solidarity with other political movements—
subjects such as Marxist critical theory, women studies, gender studies, and African
American studies, together with some of the principles first developed in critical pedagogy, have become integrated into the educational system. The fact that many initiators of #Syllabus initiatives are women and Black academics speaks to this historical
shift as an achievement of that period of struggles. However, the very necessity felt by
these educators to kick-start their #Syllabus campaigns outside the confines of academia simultaneously reveals the difficulties they encounter within the current privatized and exclusionary educational complex.
13
14
Silvia Federici and Arlen Austin (eds) The New York Wages for Housework Committee 1972-1977:
History, Theory and Documents. New York: Autonomedia, 2017: 37.
Some of the flyers and pamphlets were digitized by MayDay Rooms, ‘a safe haven for historical
material linked to social movements, experimental culture and the radical expression of
marginalised figures and groups’ in London, and can be found in their online archive: ‘Wages
for Housework: Pamphlets – Flyers – Photographs’, MayDay Rooms, http://maydayrooms.org/
archives/wages-for-housework/wfhw-pamphlets-flyers-photographs/.
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#Syllabus as a Media Object
Besides its contextualization within the historical legacy of previous grassroots mobilizations, it is also necessary to discuss #Syllabus as a new media object in its own
right, in order to fully grasp its relevance for the future politics of knowledge production and transmission.
If we were to describe this object, a #Syllabus would be an ordered list of links to
scholarly texts, news reports, and audiovisual media, mostly aggregated through a
participatory and iterative process, and created in response to political events indicative of larger conditions of structural oppression. Still, as we have seen, #Syllabus
as a media object doesn’t follow a strict format. It varies based on the initial vision
of their initiators, political causes, and social composition of the relevant struggle.
Nor does it follow the format of traditional academic syllabi. While a list of learning
resources is at the heart of any syllabus, a boilerplate university syllabus typically
also includes objectives, a timetable, attendance, coursework, examination, and an
outline of the grading system used for the given course. Relieved of these institutional
requirements, the #Syllabus typically includes only a reading list and a hashtag. The
reading list provides resources for understanding what is relevant to the here and
now, while the hashtag provides a way to disseminate across social networks the call
to both collectively edit and teach what is relevant to the here and now. Both the list
and the hashtag are specificities and formal features of the contemporary (internet)
culture and therefore merit further exploration in relation to the social dynamics at
play in #Syllabus initiatives.
The different phases of the internet’s development approached the problem of the
discoverability of relevant information in different ways. In the early days, the Gopher
protocol organized information into a hierarchical file tree. With the rise of World Wide
Web (WWW), Yahoo tried to employ experts to classify and catalog the internet into
a directory of links. That seemed to be a successful approach for a while, but then
Google (founded in 1998) came along and started to use a webgraph of links to rank
the importance of web pages relative to a given search query.
In 2005, Clay Shirky wrote the essay ‘Ontology is Overrated: Categories, Links and
Tags’,15 developed from his earlier talk ‘Folksonomies and Tags: The Rise of User-Developed Classification’. Shirky used Yahoo’s attempt to categorize the WWW to argue
against any attempt to classify a vast heterogenous body of information into a single
hierarchical categorical system. In his words: ‘[Yahoo] missed [...] that, if you’ve got
enough links, you don’t need the hierarchy anymore. There is no shelf. There is no file
system. The links alone are enough.’ Those words resonated with many. By following
simple formatting rules, we, the internet users, whom Time magazine named Person of
the Year in 2006, proved that it is possible to collectively write the largest encyclopedia
ever. But, even beyond that, and as per Shirky’s argument, if enough of us organized
our own snippets of the vast body of the internet, we could replace old canons, hierarchies, and ontologies with folksonomies, social bookmarks, and (hash)tags.
15
Clay Shirky, ‘Ontology Is Overrated: Categories, Links, and Tags’, 2005, http://shirky.com/writings/
herecomeseverybody/ontology_overrated.html.
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Very few who lived through those times would have thought that only a few years later
most user-driven services would be acquired by a small number of successful companies and then be shut down. Or, that Google would decide not to include the biggest
hashtag-driven platform, Twitter, into its search index and that the search results on
its first page would only come from a handful of usual suspects: media conglomerates, Wikipedia, Facebook, LinkedIn, Amazon, Reddit, Quora. Or, that Twitter would
become the main channel for the racist, misogynist, fascist escapades of the President
of United States.
This internet folk naivety—stoked by an equally enthusiastic, venture-capital-backed
startup culture—was not just naivety. This was also a period of massive experimental
use of these emerging platforms. Therefore, this history would merit to be properly
revisited and researched. In this text, however, we can only hint to this history: to contextualize how the hashtag as a formalization initially emerged, and how with time the
user-driven web lost some of its potential. Nonetheless, hashtags today still succeed in
propagating political mobilizations in the network environment. Some will say that this
propagation is nothing but a reflection of the internet as a propaganda machine, and
there’s no denying that hashtags do serve a propaganda function. However, it equally
matters that hashtags retain the capacity to shape coordination and self-organization,
and they are therefore a reflection of the internet as an organization machine.
As mentioned, #Syllabus as a media object is an ordered list of links to resources.
In the long history of knowledge retrieval systems and attempts to help users find
relevant information from big archives, the list on the internet continues in the tradition of the index card catalog in libraries, of charts in the music industry, or mixtapes
and playlists in popular culture, helping people tell their stories of what is relevant and
what isn’t through an ordered sequence of items. The list (as a format) together with
the hashtag find themselves in the list (pun intended) of the most iconic media objects
of the internet. In the network media environment, being smart in creating new lists
became the way to displace old lists of relevance, the way to dismantle canons, the
way to unlearn. The way to become relevant.
The Academic Syllabus Migrates Online
#Syllabus interventions are a challenge issued by political struggles to educators as
they expose a fundamental contradiction in the operations of academia. While critical pedagogies of yesteryear’s social movements have become integrated into the
education system, the radical lessons that these pedagogies teach students don’t
easily reconcile with their experience: professional practice courses, the rethoric of
employability and compulsory internships, where what they learn is merely instrumental, leaves them wondering how on earth they are to apply their Marxism or feminism
to their everyday lives?
Cognitive dissonance is at the basis of degrees in the liberal arts. And to make things
worse, the marketization of higher education, the growing fees and the privatization
of research has placed universities in a position where they increasingly struggle to
provide institutional space for critical interventions in social reality. As universities become more dependent on the ‘customer satisfaction’ of their students for survival, they
steer away from heated political topics or from supporting faculty members who might
decide to engage with them. Borrowing the words of Stefano Harney and Fred Moten,
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‘policy posits curriculum against study’,16 creating the paradoxical situation wherein
today’s universities are places in which it is possible to do almost everything except
study. What Harney and Moten propose instead is the re-appropriation of the diffuse
capacity of knowledge generation that stems from the collective processes of selforganization and commoning. As Moten puts it: ‘When I think about the way we use the
term ‘study,’ I think we are committed to the idea that study is what you do with other
people.’17 And it is this practice of sharing a common repertoire—what Moten and
Harney call ‘rehearsal’18—that is crucially constitutive of a crowdsourced #Syllabus.
This contradiction and the tensions it brings to contemporary neoliberal academia can
be symptomatically observed in the recent evolution of the traditional academic syllabus. As a double consequence of (some) critical pedagogies becoming incorporated
into the teaching process and universities striving to reduce their liability risks, academic syllabi have become increasingly complex and extensive documents. They are
now understood as both a ‘social contract’ between the teachers and their students,
and ‘terms of service’19 between the institution providing educational services and the
students increasingly framed as sovereign consumers making choices in the market of
educational services. The growing official import of the syllabus has had the effect that
educators have started to reflect on how the syllabus translates the power dynamics
into their classroom. For instance, the critical pedagogue Adam Heidebrink-Bruno has
demanded that the syllabus be re-conceived as a manifesto20—a document making
these concerns explicit. And indeed, many academics have started to experiment with
the form and purpose of the syllabus, opening it up to a process of co-conceptualization with their students, or proposing ‘the other syllabus’21 to disrupt asymmetries.
At the same time, universities are unsurprisingly moving their syllabi online. A migration
that can be read as indicative of three larger structural shifts in academia.
First, the push to make syllabi available online, initiated in the US, reinforces the differential effects of reputation economy. It is the Ivy League universities and their professorial star system that can harness the syllabus to advertise the originality of their
scholarship, while the underfunded public universities and junior academics are burdened with teaching the required essentials. This practice is tied up with the replication
in academia of the different valorization between what is considered to be the labor of
production (research) and that of social reproduction (teaching). The low esteem (and
corresponding lower rewards and remuneration) for the kinds of intellectual labors that
can be considered labors of care—editing journals, reviewing papers or marking, for
instance—fits perfectly well with the gendered legacies of the academic institution.
Stefano Harney and Fred Moten, The Undercommons: Fugitive Planning & Black Study, New York:
Autonomedia, 2013, p. 81.
17 Harney and Moten, The Undercommons, p. 110.
18 Harney and Moten, The Undercommons, p. 110.
19 Angela Jenks, ‘It’s In The Syllabus’, Teaching Tools, Cultural Anthropology website, 30 June 2016,
https://culanth.org/fieldsights/910-it-s-in-the-syllabu/.
20 Adam Heidebrink-Bruno, ‘Syllabus as Manifesto: A Critical Approach to Classroom Culture’,
Hybrid Pedagogy, 28 August 2014, http://hybridpedagogy.org/syllabus-manifesto-criticalapproach-classroom-culture/.
21 Lucy E. Bailey, ‘The “Other” Syllabus: Rendering Teaching Politics Visible in the Graduate
Pedagogy Seminar’, Feminist Teacher 20.2 (2010): 139–56.
16
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Second, with the withdrawal of resources to pay precarious and casualized academics during their ‘prep’ time (that is, the time in which they can develop new
course material, including assembling new lists of references, updating their courses as well as the methodologies through which they might deliver these), syllabi
now assume an ambivalent role between the tendencies for collectivization and
individualization of insecurity. The reading lists contained in syllabi are not covered
by copyrights; they are like playlists or recipes, which historically had the effect of
encouraging educators to exchange lesson plans and make their course outlines
freely available as a valuable knowledge common. Yet, in the current climate where
universities compete against each other, the authorial function is being extended
to these materials too. Recently, US universities have been leading a trend towards
the interpretation of the syllabus as copyrightable material, an interpretation that
opened up, as would be expected, a number of debates over who is a syllabus’
rightful owner, whether the academics themselves or their employers. If the latter interpretation were to prevail, this would enable universities to easily replace
academics while retaining their contributions to the pedagogical offer. The fruits of
a teacher’s labor could thus be turned into instruments of their own deskilling and
casualization: why would universities pay someone to write a course when they can
recycle someone else’s syllabus and get a PhD student or a precarious post doc to
teach the same class at a fraction of the price?
This tendency to introduce a logic of property therefore spurs competitive individualism and erasure of contributions from others. Thus, crowdsourcing the syllabus
in the context of growing precarization of labor risks remaining a partial process,
as it might heighten the anxieties of those educators who do not enjoy the security
of a stable job and who are therefore the most susceptible to the false promises of
copyright enforcement and authorship understood as a competitive, small entrepreneurial activity. However, when inserted in the context of live, broader political
struggles, the opening up of the syllabus could and should be an encouragement
to go in the opposite direction, providing a ground to legitimize the collective nature
of the educational process and to make all academic resources available without
copyright restrictions, while devising ways to secure the proper attribution and the
just remuneration of everyone’s labor.
The introduction of the logic of property is hard to challenge as it is furthered by commercial academic publishers. Oligopolists, such as Elsevier, are not only notorious for
using copyright protections to extract usurious profits from the mostly free labor of
those who write, peer review, and edit academic journals,22 but they are now developing all sorts of metadata, metrics, and workflow systems that are increasingly becoming central for teaching and research. In addition to their publishing business, Elsevier
has expanded its ‘research intelligence’ offering, which now encompasses a whole
range of digital services, including the Scopus citation database; Mendeley reference
manager; the research performance analytics tools SciVal and Research Metrics; the
centralized research management system Pure; the institutional repository and pub-
22 Vincent Larivière, Stefanie Haustein, and Philippe Mongeon, ‘The Oligopoly of Academic
Publishers in the Digital Era’, PLoS ONE 10.6 (10 June 2015),https://journals.plos.org/plosone/
article?id=10.1371/journal.pone.0127502/.
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lishing platform Bepress; and, last but not least, grant discovery and funding flow tools
Funding Institutional and Elsevier Funding Solutions. Given how central digital services
are becoming in today’s universities, whoever owns these platforms is the university.
Third, the migration online of the academic syllabus falls into larger efforts by universities to ‘disrupt’ the educational system through digital technologies. The introduction
of virtual learning environments has led to lesson plans, slides, notes, and syllabi becoming items to be deposited with the institution. The doors of public higher education are being opened to commercial qualification providers by means of the rise in
metrics-based management, digital platforming of university services, and transformation of students into consumers empowered to make ‘real-time’ decisions on how to
spend their student debt.23 Such neoliberalization masquerading behind digitization
is nowhere more evident than in the hype that was generated around Massive Open
Online Courses (MOOCs), exactly at the height of the last economic crisis.
MOOCs developed gradually from the Massachusetts Institute of Techology’s (MIT) initial experiments with opening up its teaching materials to the public through the OpenCourseWare project in 2001. By 2011, MOOCs were saluted as a full-on democratization of access to ‘Ivy-League-caliber education [for] the world’s poor.’24 And yet, their
promise quickly deflated following extremely low completion rates (as low as 5%).25
Believing that in fifty years there will be no more than 10 institutions globally delivering
higher education,26 by the end of 2013 Sebastian Thrun (Google’s celebrated roboticist
who in 2012 founded the for-profit MOOC platform Udacity), had to admit that Udacity
offered a ‘lousy product’ that proved to be a total failure with ‘students from difficult
neighborhoods, without good access to computers, and with all kinds of challenges in
their lives.’27 Critic Aaron Bady has thus rightfully argued that:
[MOOCs] demonstrate what the technology is not good at: accreditation and mass
education. The MOOC rewards self-directed learners who have the resources and
privilege that allow them to pursue learning for its own sake [...] MOOCs are also a
really poor way to make educational resources available to underserved and underprivileged communities, which has been the historical mission of public education.28
Indeed, the ‘historical mission of public education’ was always and remains to this
day highly contested terrain—the very idea of a public good being under attack by
dominant managerial techniques that try to redefine it, driving what Randy Martin
23 Ben Williamson, ‘Number Crunching: Transforming Higher Education into “Performance Data”’,
Medium, 16 August 2018, https://medium.com/ussbriefs/number-crunching-transforming-highereducation-into-performance-data-9c23debc4cf7.
24 Max Chafkin, ‘Udacity’s Sebastian Thrun, Godfather Of Free Online Education, Changes Course’,
FastCompany, 14 November 2013, https://www.fastcompany.com/3021473/udacity-sebastianthrun-uphill-climb/.
25 ‘The Rise (and Fall?) Of the MOOC’, Oxbridge Essays, 14 November 2017, https://www.
oxbridgeessays.com/blog/rise-fall-mooc/.
26 Steven Leckart, ‘The Stanford Education Experiment Could Change Higher Learning Forever’,
Wired, 20 March 2012, https://www.wired.com/2012/03/ff_aiclass/.
27 Chafkin, ‘Udacity’s Sebastian Thrun’.
28 Aaron Bady, ‘The MOOC Moment and the End of Reform’, Liberal Education 99.4 (Fall 2013),
https://www.aacu.org/publications-research/periodicals/mooc-moment-and-end-reform.
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STATE MACHINES
aptly called the ‘financialization of daily life.’29 The failure of MOOCs finally points to a
broader question, also impacting the vicissitudes of #Syllabus: Where will actual study
practices find refuge in the social, once the social is made directly productive for capital at all times? Where will study actually ‘take place’, in the literal sense of the phrase,
claiming the resources that it needs for co-creation in terms of time, labor, and love?
Learning from #Syllabus
What have we learned from the #Syllabus phenomenon?
The syllabus is the manifesto of 21st century.
Political struggles against structural discrimination, oppression, and violence in the
present are continuing the legacy of critical pedagogies of earlier social movements
that coupled the process of political subjectivation with that of collective education.
By creating effective pedagogical tools, movements have brought educators and students into the fold of their struggles. In the context of our new network environment,
political struggles have produced a new media object: #Syllabus, a crowdsourced list
of resources—historic and present—relevant to a cause. By doing so, these struggles
adapt, resist, and live in and against the networks dominated by techno-capital, with
all of the difficulties and contradictions that entails.
What have we learned from the academic syllabus migrating online?
In the contemporary university, critical pedagogy is clashing head-on with the digitization of higher education. Education that should empower and research that should
emancipate are increasingly left out in the cold due to the data-driven marketization
of academia, short-cutting the goals of teaching and research to satisfy the fluctuating demands of labor market and financial speculation. Resistance against the capture of data, research workflows, and scholarship by means of digitization is a key
struggle for the future of mass intellectuality beyond exclusions of class, disability,
gender, and race.
What have we learned from #Syllabus as a media object?
As old formats transform into new media objects, the digital network environment defines the conditions in which these new media objects try to adjust, resist, and live. A
right intuition can intervene and change the landscape—not necessarily for the good,
particularly if the imperatives of capital accumulation and social control prevail. We
thus need to re-appropriate the process of production and distribution of #Syllabus
as a media object in its totality. We need to build tools to collectively control the workflows that are becoming the infrastructures on top of which we collaboratively produce
knowledge that is vital for us to adjust, resist, and live. In order to successfully intervene in the world, every aspect of production and distribution of these new media objects becomes relevant. Every single aspect counts. The order of items in a list counts.
The timestamp of every version of the list counts. The name of every contributor to
29 Randy Martin, Financialization Of Daily Life, Philadelphia: Temple University Press, 2002.
ACTIONS
127
every version of the list counts. Furthermore, the workflow to keep track of all of these
aspects is another complex media object—a software tool of its own—with its own order and its own versions. It is a recursive process of creating an autonomous ecology.
#Syllabus can be conceived as a recursive process of versioning lists, pointing to textual, audiovisual, or other resources. With all of the linked resources publicly accessible to all; with all versions of the lists editable by all; with all of the edits attributable to
their contributors; with all versions, all linked resources, all attributions preservable by
all, just such an autonomous ecology can be made for #Syllabus. In fact, Sean Dockray, Benjamin Forster, and Public Office have already proposed such a methodology in
their Hyperreadings, a forkable readme.md plaintext document on GitHub. They write:
A text that by its nature points to other texts, the syllabus is already a relational
document acknowledging its own position within a living field of knowledge. It is
decidedly not self-contained, however it often circulates as if it were.
If a syllabus circulated as a HyperReadings document, then it could point directly to the texts and other media that it aggregates. But just as easily as it circulates, a HyperReadings syllabus could be forked into new versions: the syllabus
is changed because there is a new essay out, or because of a political disagreement, or because following the syllabus produced new suggestions. These forks
become a family tree where one can follow branches and trace epistemological
mutations.30
It is in line with this vision, which we share with the HyperReadings crew, and in line
with our analysis, that we, as amateur librarians, activists, and educators, make our
promise beyond the limits of this text.
The workflow that we are bootstrapping here will keep in mind every aspect of the media object syllabus (order, timestamp, contributor, version changes), allowing diversity
via forking and branching, and making sure that every reference listed in a syllabus
will find its reference in a catalog which will lead to the actual material, in digital form,
needed for the syllabus.
Against the enclosures of copyright, we will continue building shadow libraries and
archives of struggles, providing access to resources needed for the collective processes of education.
Against the corporate platforming of workflows and metadata, we will work with social
movements, political initiatives, educators, and researchers to aggregate, annotate,
version, and preserve lists of resources.
Against the extractivism of academia, we will take care of the material conditions that
are needed for such collective thinking to take place, both on- and offline.
30 Sean Dockray, Benjamin Forster, and Public Office, ‘README.md’, Hyperreadings, 15 February
2018, https://samiz-dat.github.io/hyperreadings/.
128
STATE MACHINES
Bibliography
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www.aacu.org/publications-research/periodicals/mooc-moment-and-end-reform/.
Bailey, Lucy E. ‘The “Other” Syllabus: Rendering Teaching Politics Visible in the Graduate Pedagogy
Seminar’, Feminist Teacher 20.2 (2010): 139–56.
Chafkin, Max. ‘Udacity’s Sebastian Thrun, Godfather Of Free Online Education, Changes Course’,
FastCompany, 14 November 2013, https://www.fastcompany.com/3021473/udacity-sebastianthrun-uphill-climb/.
Chatelain, Marcia. ‘How to Teach Kids About What’s Happening in Ferguson’, The Atlantic, 25 August
2014, https://www.theatlantic.com/education/archive/2014/08/how-to-teach-kids-about-whatshappening-in-ferguson/379049/.
_____. ‘Teaching the #FergusonSyllabus’, Dissent Magazine, 28 November 2014, https://www.dissentmagazine.org/blog/teaching-ferguson-syllabus/.
Ciolkowski, Laura. ‘Rape Culture Syllabus’, Public Books, 15 October 2016, https://www.publicbooks.
org/rape-culture-syllabus/.
Connolly, N.D.B. and Keisha N. Blain. ‘Trump Syllabus 2.0’, Public Books, 28 June 2016, https://www.
publicbooks.org/trump-syllabus-2-0/.
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Autonomedia, 2013.
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Pedagogy, 28 August 2014, http://hybridpedagogy.org/syllabus-manifesto-critical-approach-classroom-culture/.
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https://culanth.org/fieldsights/910-it-s-in-the-syllabus/.
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article?id=10.1371/journal.pone.0127502/.
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20 March 2012, https://www.wired.com/2012/03/ff_aiclass/.
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History of Education Quarterly 30.3 (Autumn 1990).
Roberts, Frank Leon. ‘Black Lives Matter: Race, Resistance, and Populist Protest’, 2016, http://www.
blacklivesmattersyllabus.com/fall2016/.
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Shirky, Clay. ‘Ontology Is Overrated: Categories, Links, and Tags’, 2005, http://shirky.com/writings/
herecomeseverybody/ontology_overrated.html.
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com/blog/rise-fall-mooc/.
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tni-syllabus-gaming-and-feminism/.
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Trump-Syllabus/236824/.
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archives/wages-for-housework/wfhw-pamphlets-flyers-photographs/.
Williamson, Ben. ‘Number Crunching: Transforming Higher Education into “Performance Data”’,
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Graziano
Pirate Care: How do we imagine the health care for the future we want?
2018
Pirate Care - How do we imagine the health care for the future we want?
Oct 5, 2018 · 19 min read
by Valeria Graziano
A recent trend to reimagine the systems of care for the future is based on many of the principles of self-organization. From the passive figure of the patient — an aptly named subject, patiently awaiting aid from medical staff and carers — researchers and policymakers are moving towards a model defined as people-powered health — where care is discussed as transforming from a top-down service to a network of coordinated actors.
At the same time, for large numbers of people, to self-organize around their own healthcare needs is not a matter of predilection, but increasingly one of necessity. In Greece, where the measures imposed by the Troika decimated public services, a growing number of grassroots clinics set up by the Solidarity Movement have been providing medical attention to those without a private insurance. In Italy, initiatives such as the Ambulatorio Medico Popolare in Milan offer free consultations to migrants and other vulnerable citizens.
The new characteristic in all of these cases is the fact that they frame what they do in clearly political terms, rejecting or sidestepping the more neutral ways in which the third sector and the NGOs have long presented care practices as apolitical, as ways to help out that should never ask questions bigger than the problems they set out to confront, and as standing beyond left and right (often for the sake of not alienating potential donors and funders).
Rather, the current trends towards self-organization in health care are very vocal and clear in their messages: the care system is in crisis, and we need to learn from what we know already. One thing we know is that the market or the financialization of assets cannot be the solution (do you remember when just a few years ago Occupy was buying back healthcare debts from financial speculators, thus saving thousands Americans from dire economic circumstances? Or that scene from Michael Moore’s Sicko, the documentary where a guy has to choose which finger to have amputated because he does not have enough cash for saving both?).
Another thing we also know is that we cannot simply hold on to past models of managing the public sector, as most national healthcare systems were built for the needs of the last century. Administrations have been struggling to adapt to the changing nature of health conditions (moving from a predominance of epidemic to chronic diseases) and the different needs of today’s populations. And finally, we most definitely know that to go back to even more conservative ideas that frame care as a private issue that should fall on the shoulders of family members (and most often, of female relatives) or hired servants (also gendered and racialised) is not the best we can come up with.
Among the many initiatives that are rethinking how we organize the provision of health and care in ways that are accessible, fair, and efficient, there are a number of actors — mostly small organizations — who are experimenting with the opportunities introduced by digital technologies. While many charities and NGOs remain largely ignorant of the opportunities offered by technology, these new actors are developing DIY devices, wearables, 3D-printed bespoke components, apps and smart objects to intervene in areas otherwise neglected by the bigger players in the care system. These practices are presenting a new mode of operating that I want to call ‘pirate care’.
Pirate Care
Piracy and Care are not always immediately relatable notions. The figure of the pirate in popular and media cultures is often associated with cunning intelligence and masculine modes of action, of people running servers which are allowing people to illegally download music or movie files. One of the very first organizations that articulated the stakes of sharing knowledge was actually named Piratbyrån. “When you pirate mp3s, you are downloading communism” was a popular motto at the time. And yet, bringing the idea of a pirate ethics into resonance with contemporary modes of care invites a different consideration for practices that propose a paradigm change and therefore inevitably position themselves in tricky positions vis-à-vis the law and the status quo. I have been noticing for a while now that another kind of contemporary pirate is coming to the fore in our messy society in the midst of many crises. This new kind of pirate could be best captured by another image: this time it is a woman, standing on the dock of a boat sailing through the Caribbean sea towards the Mexican Gulf, about to deliver abortion pills to other women for whom this option is illegal in their country.
Women on Waves, founded in 1999, engages in its abortion-on-boat missions every couple of years. They are mostly symbolic actions, as they are rather expensive operations, and yet they are potent means for stirring public debate and have often been met with hostility — even military fleets. So far, they have visited seven countries so far, including Mexico, Guatemala and, more recently, Ireland and Poland, where feminists movements have been mobilizing in huge numbers to reclaim reproductive rights.
According to official statistics, more than 47,000 women die every year from complications resulting from illegal, unsafe abortion procedures, a service used by over 21 million women who do not have another choice. As Leticia Zenevich, spokesperson of Women on Waves, told HuffPost: “The fact that women need to leave the state sovereignty to retain their own sovereignty ― it makes clear states are deliberately stopping women from accessing their human right to health.” Besides the boat campaigns, the organization also runs Women on Web, an online medical abortion service active since 2005. The service is active in 17 languages, and it is helping more than 100,000 women per year to get information and access abortion pills. More recently, Women on Waves also begun experimenting with the use of drones to deliver the pills in countries impacted by restrictive laws (such as Poland in 2015 and Northern Ireland in 2016).
Women on Waves are the perfect figure to begin to illustrate my idea of ‘pirate care’. By this term I want to bring attention to an emergent phenomenon in the contemporary world, where more and more often initiatives that want to bring support and care to the most vulnerable subjects in the most unstable situations, increasingly have to do so by operating in that grey zone that exists between the gaps left open by various rules, laws and technologies. Some thrive in this shadow area, carefully avoiding calling attention to themselves for fear of attracting ferocious polemics and the trolling that inevitably accompanies them. In other cases, care practices that were previously considered the norm have now been pushed towards illegality.
Consider for instance the situation highlighted by the Docs Not Cops campaign that started in the UK four years ago, when the government had just introduced its ‘hostile environment’ policy with the aim to make everyday life as hard as possible for migrants with an irregular status. Suddenly, medical staff in hospitals and other care facilities were supposed to carry out document checks before being allowed to offer any assistance. Their mobilization denounced the policy as an abuse of mandate on the part of the Home Office and a threat to public health, given that it effectively discouraged patients to seek help for fear of retaliations. Another sadly famous example of this trend of pushing many acts of care towards illegality would the straitjacketing and criminalization of migrant rescuing NGOs in the Mediterranean on the part of various European countries, a policy led by Italian government. Yet another example would be the increasing number of municipal decrees that make it a crime to offer food, money or shelter to the homeless in many cities in North America and Europe.
Hacker Ethics
This scenario reminds us of the tragic story of Antigone and the age-old question of what to do when the relationship between what the law says and one what feels it is just becomes fraught with tensions and contradictions. Here, the second meaning of ‘pirate care’ becomes apparent as it points to the way in which a number of initiatives have been responding to the current crisis by mobilizing tactics and ethics as first developed within the hacker movement.
As described by Steven Levy in Hackers, the general principles of a hacker ethic include sharing, openness, decentralization, free access to knowledge and tools, and an effort of contributing to society’s democratic wellbeing. To which we could add, following Richard Stallman, founder of the free software movement, that “bureaucracy should not be allowed to get in the way of doing anything useful.” While here Stallman was reflecting on the experience of the M.I.T. AI Lab in 1971, his critique of bureaucracy captures well a specific trait of the techno-political nexus that is also shaping the present moment: as more technologies come to mediate everyday interactions, they are also reshaping the very structure of the institutions and organizations we inhabit, so that our lives are increasingly formatted to meet the requirements of an unprecedented number of standardised procedures, compulsory protocols, and legal obligations.
According to anthropologists David Graeber, we are living in an era of “total bureaucratization”. But while contemporary populism often presents bureaucracy as a problem of the public sector, implicitly suggesting “the market” to be the solution, Graeber’s study highlights how historically all so-called “free markets” have actually been made possible through the strict enforcement of state regulations. Since the birth of the modern corporation in 19th century America, “bureaucratic techniques (performance reviews, focus groups, time allocation surveys …) developed in financial and corporate circles came to invade the rest of society — education, science, government — and eventually, to pervade almost every aspect of everyday life.”
The forceps and the speculum
And thus, in resonance with the tradition of hacker ethics, a number of ‘pirate care’ practices are intervening in reshaping what looking after our collective health will look like in the future. CADUS, for example, is a Berlin based NGO which has recently set up a Crisis Response Makerspace to build open and affordable medical equipment specifically designed to bring assistance in extreme crisis zones where not many other organizations would venture, such as Syria and Northern Iraq. After donating their first mobile hospital to the Kurdish Red Crescent last year, CADUS is now working to develop a second version, in a container this time, able to be deployed in conflict zones deprived of any infrastructure, and a civil airdrop system to deliver food and medical equipment as fast as possible. The fact that CADUS adopted the formula of the makerspace to invent open emergency solutions that no private company would be interested in developing is not a coincidence, but emerges from a precise vision of how healthcare innovations should be produced and disseminated, and not only for extreme situations.
“Open source is the only way for medicine” — says Marcus Baw of Open Health Hub — as “medical software now is medicine”. Baw has been involved in another example of ‘pirate care’ in the UK, founding a number of initiatives to promote the adoption of open standards, open source code, and open governance in Health IT. The NHS spends about £500 million each time it refreshes Windows licenses, and aside from avoiding the high costs, an open source GP clinical system would be the only way to address the pressing ethical issue facing contemporary medicine: as software and technology become more and more part of the practice of medicine itself, they need to be subject to peer-review and scrutiny to assess their clinical safety. Moreover, that if such solutions are found to be effective and safe lives, it is the duty of all healthcare practitioners to share their knowledge with the rest of humanity, as per the Hippocratic Oath. To illustrate what happens when medical innovations are kept secret, Baw shares the story of the Chamberlen family of obstetricians, who kept the invention of the obstetric forceps, a family trade secret for over 150 years, using the tool only to treat their elite clientele of royals and aristocracy. As a result, thousands of mothers and babies likely died in preventable circumstances.
It is perhaps significant that such a sad historical example of the consequences ofclosed medicine must come from the field of gynaecology, one of the most politically charged areas of medical specialization to this day. So much so that last year another collective of ‘pirate carers’ named GynePunk developed a biolab toolkit for emergency gynaecological care, to allow those excluded from the reproductive healthcare — undocumented migrants, trans and queer women, drug users and sex workers — to perform basic checks on their own bodily fluids. Their prototypes include a centrifuge, a microscope and an incubator that can be cheaply realised by repurposing components of everyday items such as DVD players and computer fans, or by digital fabrication. In 2015, GynePunk also developed a 3D-printable speculum and — who knows? — perhaps their next project might include a pair of forceps…
As the ‘pirate care’ approach keeps proliferating more and more, its tools and modes of organizing is keeping alive a horizon in which healthcare is not de facto reduced to a privilege.
PS. This article was written before the announcement of the launch of Mediterranea, which we believe to be another important example of pirate care. #piratecare #abbiamounanave
Sekulic
Legal Hacking and Space
2015
# Legal hacking and space
## What can urban commons learn from the free software hackers?
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.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.
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[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/).
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:
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Stallman, Richard and Joshua Gay (2003): "The Right to Read". _Upgrade_ IV,
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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)