Message 00712 [Homepage] [Navigation]
Thread: joxT00686 Message: 11/32 L7 [In date index] [In thread index]
[First in Thread] [Last in Thread] [Date Next] [Date Prev]
[Next in Thread] [Prev in Thread] [Next Thread] [Prev Thread]

Re: [jox] Scientific committee





On 24/08/11 14:03, Mathieu ONeil wrote:
[snip]

Nope, commons is _not_ opposed to private property:
http://www.keimform.de/2010/commons-in-a-taxonomy-of-goods/


Hi Stefan

I had a look at your text but was not illuminated, could you please provide a more precise reference - thanks.

I don't think that Stefan and I approach this from the exact same angle,
but we arrive at similar conclusions.

For instance, Free Software is based on Copyleft, which is based on
copyright - or is a set of sub-clauses added to copyright - which is a
form of (private) property. The FSF, of course, calls it "policy", which
is, at best, an idiosyncratic position that refuted here in this essay
excerpt:

http://commoning.wordpress.com/2011/01/03/is-copyright-policy-or-property-a-critique-of-the-fsfs-position/

The rights and privileges afforded in law by the concept of private
property is a very good tool for building commons, as the GPL is a very
good example of.

In other words, (private) property is a great tool for commoning and
when property has been configured by practices of commoning it
transcends the futile property-antiproperty debates of the last 150
years and reveals property as the meaningful and useful tool for
organisation that it is - one to organise relations between people with
regard to things. Commoning revolves around property, which is not a
"thing", but a way to organise relations.

Commons need (at least something like) private property to be able to
exclude those who do not play by the rules - hence the GPL defaults to
copyright, i.e. ther GPL is rendered invalid and copyright comes into
play as a means of exclusion, if you do not play by the rules of the GPL.

In a lot more detail here:
‘Free Software as Property’, The Commoner, Special Issue, Volume 14,
Winter 2010, 211-286:
http://commoning.files.wordpress.com/2010/12/the-commoner-14-winter-2010-chapter3.pdf

and here:
‘Properties of Property: A Jurisprudential Analysis‘, The Commoner,
Special Issue, Volume 14, Winter 2010, 137-210:
http://commoning.files.wordpress.com/2010/12/the-commoner-14-winter-2010-chapter2.pdf

-martin


______________________________
http://www.oekonux.org/journal



Thread: joxT00686 Message: 11/32 L7 [In date index] [In thread index]
Message 00712 [Homepage] [Navigation]