Martin Scherzinger (New York University): Authors or Commons? Neither, but Both!

Duration: 42 mins 17 secs
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Description: The reach of private property rights, it seems, is widening. Over the last two decades, scholars in a variety of disciplines have tackled the impact of IP law on practices of politics, science, economics, law and culture. Not only has IP been extended to new information objects (from databases and software designs to biological seed lines, bacteria, genetically engineered life forms and DNA sequences), but the lengths of time for which protection is granted have been substantially extended for nearly all objects. At the same time, we witness today an outpouring of academic and popular scholarship in critical response to the widening reach of the IP concept. Like an evil twin, the progressive IP and cyberlaw scholarship calls for an expansion of the commons, emphasizes the productive delinking of cultural practice from cultural policy, and offers countervailing forces to the enclosure of the commons. Instead of identifying the expanding commons as inherently progressive, this paper argues that the peculiar comingling of the commons with its privatized antithesis productively underwrites new networks of exchange value. It is the opportunistic conceptual mélange between private property and public domain – whereby one side of the conceptual pole readily supplements (as alibi) for the other – that prevents the proper functioning of either conceptual principle in practice. Not property alone, but the very opposition between property and commons becomes the bastard concept for power. The paper describes contemporary cases of proprietary interests vested in anti-property as a paradoxical capitalist expansion of the laboring commons.
 
Created: 2014-04-14 11:51
Collection: Creativity, Circulation and Copyright: Sonic and Visual Media in the Digital Age
Publisher: University of Cambridge
Copyright: Glenn Jobson
Language: eng (English)
Keywords: CRASSH; Martin Scherzinger;
 
Abstract: The reach of private property rights, it seems, is widening. Over the last two decades, scholars in a variety of disciplines have tackled the impact of IP law on practices of politics, science, economics, law and culture. Not only has IP been extended to new information objects (from databases and software designs to biological seed lines, bacteria, genetically engineered life forms and DNA sequences), but the lengths of time for which protection is granted have been substantially extended for nearly all objects. At the same time, we witness today an outpouring of academic and popular scholarship in critical response to the widening reach of the IP concept. Like an evil twin, the progressive IP and cyberlaw scholarship calls for an expansion of the commons, emphasizes the productive delinking of cultural practice from cultural policy, and offers countervailing forces to the enclosure of the commons. Instead of identifying the expanding commons as inherently progressive, this paper argues that the peculiar comingling of the commons with its privatized antithesis productively underwrites new networks of exchange value. It is the opportunistic conceptual mélange between private property and public domain – whereby one side of the conceptual pole readily supplements (as alibi) for the other – that prevents the proper functioning of either conceptual principle in practice. Not property alone, but the very opposition between property and commons becomes the bastard concept for power. The paper describes contemporary cases of proprietary interests vested in anti-property as a paradoxical capitalist expansion of the laboring commons.
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