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Re: [jox] Scientific committee

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Hi Stefan, Martin

Thanks for your comments, I have to get my head around that but right now I have to work on some other stuff so will come back later, if needed.



On 08/24/11, jmp  <m.pedersen> wrote:

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

Nope, commons is _not_ opposed to private property:

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

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:

and here:
‘Properties of Property: A Jurisprudential Analysis‘, The Commoner,
Special Issue, Volume 14, Winter 2010, 137-210:



Dr Mathieu O'Neil
Adjunct Research Fellow
Australian Demographic and Social Research Institute
College of Arts and Social Science
The Australian National University
email: mathieu.oneil[at]

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