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Facing the expansion of intellectual property in the late twentieth century, supporters of public domain often viewed creative commons licenses as a private action to resist the second enclosure and build their own public domain. Lawrence Lessig, founder of creative commons, defined creative commons as an “effective public domain” that aims to realize the vision of free culture. However, some scholars and activists have criticized the fuzziness of creative commons' ideology. From their point of view, creative commons is more like a copyright license than a public domain, a submission to property discourse than a subversive resistance. In this dissertation, I explored this issue through the concepts of “discourse” and “the other” borrowed from critical studies and post-colonial theory. Specifically, I analyzed the texts of “intellectual property discourse ” in a critical historical approach. In this way, we might have more insight about the relationship between creative commons and intellectual property discourse. By exploring the formation and development of intellectual property discourse in England and U.SA., I pointed out its function in soothing the anxieties of intellectual property rights holders, who more likely be capitalists than creators, and its structural embedded contradiction. Specifically, although “original genius” as an idea image of authorship repeatedly emerges when it come to the justification of proprietor exclusive and despotic power over its private property, to be a proprietor of an “original ” work only needs to be a copier with bad eyesight who is incapable of making a perfect copy. The dichotomy of “private” expression and “public ” ideas also plays a same role in soothing the anxieties of intellectual property rights holders while continually expanding the scope of their rights. In addition, the other of intellectual property---public domain— becomes an synonym of knowledge wasteland and commons of tragedy in which everyone suffers. This provides a further justification for the institution of intellectual property. Under the rule of Kuomintang government before it lifted its martial law, Taiwan's Copyright registration system, in which creators need to register its work to acquire copyright, had long be an content-based speech regulation. Although we may doubted its significance in regulating speech compared to publication law, it seems that to some degree government regarded speech with a copyright “license” as a symbol of lawful speech. Instead of arguing from the perspective of free speech, lawyers, scholars and “Copyright Owners Association of Republic of China” tended to invoke intellectual property discourse. They argued that owing to the fact that copyright is a natural right, the copyright registration system unduly limited property rights secured by Constitution. In 1985 Copyright Act, Taiwanese work no longer need to registered to acquired copyright. Although intellectual property discourse played an vital role in this legal reform, it also reinforced the status of public domain of being the other. Because no one has a exclusive right over public domain, the Taiwan High Court think it is unnecessary to confirm its legal status. Furthermore, when U.S.A. demanded Kuomintang government to let their public domain movies regain copyright protection by applying new copyright act's copyright duration, the activists who against this proposal couldn't appeal to rights discourse because they had “no rights” in public domain work. In addition, from the two case studies, unauthorized books and computer programs in Taiwan, I argued there are two notable phenomenons when it comes to the resistance to of intellectual property discourse : submission in seemly resistance and resistance by acknowledging some elements of intellectual property discourse. In intellectual property discourse, the dichotomy between public domain and intellectual property also represents an evolution from barbarian to civilized, lawless to order, undeveloped to developed . In this vein, some “resistance” in Taiwan premised on this linear evolution theory, arguing the “modern” intellectual property law is too early for undeveloped and primitive Taiwan to adopt. On the other hand, owing to the fact that there are structural embedded contradiction in intellectual property discourse, we could see some lawyer and scholars who were familiar with intellectual property discourse, adopted a subversive strategy by acknowledging some elements of intellectual property discourse. We could also see this complex submission and resistance relationship between creative commons and intellectual property discourse. By acknowledging the primacy of “author,” creative commons regarded itself as a tool to replace the intermediaries. However, there are some pitfalls in this strategy. Without re-imagine the idea of authorship, instead of voicing out dissents and alternatives, creative might replicate the intellectual property discourse, especially in Taiwan where creative commons is more like a promotion aided by government than a grassgroots movement. Thus, in this dissertation, I propose an concept of “cultural common property” in the lens of “inter-dependent participative authorship in cultural landscape” to rethink the future of creative commons and information environment movement.

This is a message written by Gerard Arthus; 09 September 2009. 'Intellectual Rights And The Public Commons'. Handwritten copy also included in PDF file. Etext created by Gerard Arthus. Hi-resolution TIFF files are archived and can be downloaded. This work was created by Gerard Arthus and is in the Public Domain under the Creative Commons License. http://OpenEducation.org Go to the above site to find out more about the digitization of this item and the on-going attempt to help make 'Knowledge' and 'Information' available to everyone, anywhere, at any time, for no cost. There are many forces at work which are attempting to turn 'Public Domain' information into a commodity which some can milk for a profit. This parasitic use of information which should be freely available for all to access is an Intellectual Crime and should not be tolerated.

What is property's opposite, and what does it mean for copyright? Preface and first chapter of The P ublic Domain by James Boyle ( @thepublicdomain ), very formative for Mike. The Book. Amicus Lectio ( @AmicusLectio ) is read by Mike Overby ( @lethargilistic )

What is property's opposite, and what does it mean for copyright? Preface and first chapter of The P ublic Domain by James Boyle ( @thepublicdomain ), very formative for Mike. The Book. Amicus Lectio ( @AmicusLectio ) is read by Mike Overby ( @lethargilistic )

What is property's opposite, and what does it mean for copyright? Preface and first chapter of The P ublic Domain by James Boyle ( @thepublicdomain ), very formative for Mike. The Book. Amicus Lectio ( @AmicusLectio ) is read by Mike Overby ( @lethargilistic )

‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics. ‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London. ‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London. ‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020). ‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School. At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.

‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics. ‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London. ‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London. ‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020). ‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School. At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.

Copyright Law and Intellectual Delusions' written by Gerard Arthus; 01 September 2009. This work was created by Gerard Arthus and is in the Public Domain under the Creative Commons License.

Perma.cc archive of https://ipo.blog.gov.uk/2014/01/10/the-tragedy-of-the-commons/ created on 2022-05-24 14:24:17.225061+00:00.

1New York Idea

By Langdon Mitchell

I find it very hard to classify "The New York Idea" under any of the established rubrics. It is rather too extravagant to rank as a comedy; it is much too serious in its purport, too searching in its character-delineation and too thoughtful in its wit, to be treated as a mere farce. Its title—not, perhaps, a very happy one—is explained in this saying of one of the characters: "Marry for whim and leave the rest to the divorce court—that's the New York idea of marriage." <br><br> Like all the plays, from Sardou's "Divorçons" onward, which deal with a too facile system of divorce, this one shows a discontented woman, who has broken up her home for a caprice, suffering agonies of jealousy when her ex-husband proposes to make use of the freedom she has given him, and returning to him at last with the admission that their divorce was at least "premature." In this central conception there is nothing particularly original. It is the wealth of humourous invention displayed in the details both of character and situation that renders the play remarkable. (Summary from Project Gutenberg)<br><br> <strong>Cast</strong><br> Philip Phillimore: <a href="http://librivox.org/reader/204">Mark F. Smith</a><br> Grace Phillimore: <a href="http://librivox.org/reader/4009">Diana Majlinger</a><br> Mrs. Phillimore: <a href="http://librivox.org/reader/4064">Margaret Espaillat</a><br> Miss Heneage: <a href="http://librivox.org/reader/4964">rashada</a><br> Matthew Phillimore: <a href="http://librivox.org/reader/2156">Roger Melin</a><br> William Sudley: <a href="http://librivox.org/reader/4572">om123</a><br> Mrs. Vida Phillimore: <a href="http://librivox.org/reader/1259">Elizabeth Klett</a><br> Sir Wilfrid Cates-Darby: <a href="http://librivox.org/reader/5172">Equilibrium33</a><br> John Karslake: <a href="http://librivox.org/reader/1492">mb</a><br> Mrs. Cynthia Karslake: <a href="http://librivox.org/reader/3536">Arielle Lipshaw</a><br> Brooks: <a href="http://librivox.org/reader/5172">Equilibrium33</a><br> Tim Fiddler: <a href="http://librivox.org/reader/5172">Equilibrium33</a><br> Nogam: <a href="http://librivox.org/reader/4139">moonpiles</a><br> Thomas: <a href="http://librivox.org/reader/1823">David Muncaster</a><br> Benson: <a href="http://librivox.org/reader/3615">Lucy Perry</a><br> Narrator: <a href="http://librivox.org/reader/4064">Margaret Espaillat</a><br><br> <strong>Audio edited by:</strong> Arielle Lipshaw

2Eight Harvard Poets

By E. E. Cummings, S. Foster Damon, Robert Hillyer, R. S. Mitchell, William A. Norris, John Dos Passos, Dudley Poore and Cuthbert Wright

<I>"I will wade out<BR> till my thighs are steeped in burn-<BR> ing flowers<BR> I will take the sun in my mouth<BR> and leap into the ripe air<BR> Alive<BR> with closed eyes<BR> to dash against darkness<BR> in the sleeping curves of my<BR> body<BR> Shall enter fingers of smooth mastery<BR> with chasteness of sea-girls<BR> Will I complete the mystery<BR> of my flesh<BR> I will rise<BR> After a thousand years<BR> lipping<BR> flowers<BR> And set my teeth in the silver of the moon."<BR></I> -- E. Estlin Cummings in Crepuscule<BR><BR> Eight Harvard Poets is a anthology of poetry by E. Estlin Cummings, S. Foster Damon, J. R. Dos Passos, Robert Hillyer, R. S. Mitchell, William A. Norris, Dudley Poole, and Cuthbert Wright. These older poems remain inspiring and timeless. (Summary by Woolly Bee and Wikipedia)

3Bobby in Search of a Birthday

By Lebbeus Mitchell

The sweet story of a five year old boy named Bobby, who is an orphan. When Bobby learns that other children have birthdays, he goes hunting to find his. Go with him and meet the Man with the Pocketful of Quarters and the Lady who Likes Little Boys and learn how he finds his birthdays and a family besides! (Summary by Trotsa)

4Bobby in Search of a Birthday (version 2)

By Lebbeus Mitchell

Bobby is a little orphan boy of about 5 who discovers he has somehow lost his 'birfhday' and decides to go looking for it. This epic quest takes him into strange places and meetings with people who are sometimes scoffing, but mostly kind and helpful to the small tot. Does he find his birfday? Well I can't tell you that, you will just have to listen. If you like warm, sweet stories with a great ending, this is for you! A delightful tale full of whimsy and fun. - Summary by phil chenevert

5Two Old Faiths: Essays on the Religions of the Hindus and the Mohammedans

By John Murray Mitchell and William Muir

This book contains two essays, one by each of the listed authors. They describe the two religions of Hinduism and Islam, their history, and their contrast with Christianity. This book was part of the curriculum for the C.L.S.C. (the Chautauqua Literary and Scientific Circle) in the early 1900s. (Summary by Scientila)

6Youth of Washington: Told in the Form of an Autobiography

By Silas Weir Mitchell

Departing from the usual third person narratives of biographies, this account is told in the first person as the reminiscences of a now retired George Washington. Reflecting on his days as a youth, he relates his family history, education, and military life up to the age of about 26 when he was a colonel. Naturally the author takes much liberty in filling in the details of Washington’s life, but largely remains true to history and the spirit of the man. The result is an engaging story that flows naturally, entertaining as it informs. - Summary by Larry Wilson

Physician and author S. Weir Mitchell brings us a short collection of stories of the human condition. Through diverse settings as the mystical Arabian desert to a lonely park bench, from a jocular sea port to a dusty library packed with archaic tomes written in foreign tongues, S. Weir Mitchell shows us what it means to live as others live. Through hauntings both literal and metaphorical, through desperate acts and moral dilemmas, we are shown through these slight sketches that life is as complicated or simple as we choose to make it. (Summary by Ben Tucker)

William (Billy) Mitchell was a U.S. Army officer who, during World War I, came to command all U.S. Army air operations in France. He became a strong believer in air power and predicted that in the next war, bombers would be the decisive weapon. After WWI ended he became a forceful advocate for allocating funds to develop a powerful U.S. Air Force as an independent military branch. At the same time he argued for reducing the Navy's heavy spending on battleships, which he was convinced would be easily sunk by enemy aircraft. His efforts to change military policy in these areas became so obnoxious to U.S. military leadership that he was court martialed and separated from the service in 1925. <br><br> The story of Mitchell's fight with the War Department was told in the 1955 motion picture "The Court-Martial of Billy Mitchell", where Mitchell was played by Hollywood star Gary Cooper. In the present 1921 book, "Our Air Force: The Keystone of National Defense", Mitchell stated his case to the public. - Summary by Ted Lienhart