schizoid in Mars & Medak 2019

l groups. Their voices are (sometimes) heard, and society tries
to balance their interests.
If the institutional remedies cannot resolve the social antagonism,
the law is called on to mediate. Yet in the present, the legal system
only reproduces the schizoid impasse where the metaphor of property over land is applied to works of intellect that have in practical
terms become universally accessible in the digital world. Court
cases do not result in a restoration of balance but rather in the
confirmation of

to embrace their
contradictions and push them to their limits. But capturing them in
the orbit of the self-­expanding production of value, it stops them
at going beyond its own limit. It is this orbit that the law sanctions
in the present, recoding schizoid subjects into the inevitability of
capitalism. The result is the persistence of a capitalist reality antithetical to common interest—­commercial closed-­access academic
publishing—­and the persistence of a hyperproletariat—­an intellectual labor force that is too subsumed to organize and resist the
reality that thrives parasitically on its social function. It’s a schizoid
impasse sustained by a failed metaphor.
The revolutionary events of the Paris Commune of 1871, its mere
“existence” as Marx has called it,10 a brief moment of “communal
luxury” set in practice as Kristin Ross (2015) describes it, demanded

politics to law was a social achievement
as the despotism of political will was suppressed by legal norms
guaranteeing rights and liberties for authors; this much is true. But
in the face of the draconian, failed juridical rationality sustaining
the schizoid impasse imposed by economic despotism, these developments hold little justification. Thus we return once more to the
words of Aaron Swartz to whom we remain indebted for political
inspiration and resolve: “There is no justice in following unjust la


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