international

The Commons and EU Knowledge Policies

One of the great advantages of a commons analysis is its ability to deconstruct the prevailing myths of “intellectual property” as a wholly private “product” – and then to reconstruct it as knowledge and culture that lives and breathes only in a social context, among real people.  This opens up a new conversation about if and how property rights in knowledge should be granted in the first place.  It also renders any ownership claims about knowledge under copyrights and patents far more complicated -- and requires a fair consideration of how commons might actually be more productive substitutes or complements to traditional intellectual property rights.

After all, it is taxpayers who subsidize much of the R&D that goes into most new drugs, which are then claimed as proprietary and sold at exorbitant prices.  Musicians don’t create their songs out of thin air, but in a cultural context that first allows them to freely use inherited music and words from the public domain -- which future musicians must also have access to. Science can only advance by being able to build on the findings of earlier generations.  And so on.

The great virtue of a new report recently released by the Berlin-based Commons Network is its application of a commons lens to a wide range of European policies dealing with health, the environment, science, culture, and the Internet.  “The EU and the Commons:  A Commons Approach to European Knowledge Policy,” by Sophie Bloemen and David Hammerstein, takes on the EU’s rigid and highly traditional policy defense of intellectual property rights.  Bloemen and Hammerstein are Coordinators of the Berlin-based Commons Network, which published the report along with the Heinrich Böll Foundation.  (I played a role in its editing.)  The 39-page report can be downloaded here -- and an Executive Summary can be read here

“The EU and the Commons” describes how treating many types of knowledge as commons could not only promote greater access to knowledge and social justice, it could help European economies become more competitive. If EU policymakers could begin to recognize the generative capacities of knowledge commons, drug prices could be reduced and climate-friendly “green technologies” could be shared with other countries. “Net neutrality” could assure that startups with new ideas would not be stifled by giant companies, but could emerge. And scientific journals, instead of being locked behind paywalls and high subscription fees, could be made accessible to anyone.

When the state no longer enforces its own legal standards on human rights or ecological protection, often in deference to corporate partners, the logical response is to establish a commons-based alternative – a people’s tribunal. That’s what is now planned in the case of fracking and its implications for human rights.

The Permanent Peoples’ Tribunal (PPT) has scheduled a session in March 2017 to “consider whether sufficient evidence exists to indict certain named States on charges of failing adequately to respect the human rights of citizens as a result of permitting, and failing to adopt a precautionary approach to, hydraulic fracturing and other techniques of unconventional oil and gas extraction within their jurisdictions.”  The Tribunal is an internationally recognized public opinion tribunal functioning independently of state authorities and operating out of Rome. The Tribunal will hold a week of hearings in both the US and UK.

Governments take great pains to prevent their most sacrosanct policies from being questioned in courts of law.  Consider how the US Government short-circuited any significant court rulings about the NSA’s extensive secret surveillance of citizens, in violation of the Fifth Amendment.  It took Edward Snowden's revelations to force judicial review. 

We’ve been here before, of course. The lawless Vietnam War was a prime example. As a corrective to the state crimes committed in that instance, philosopher Bertrand Russell and Jean Paul Sartre organized the Vietnam War Crimes Tribunal in 1967 to hear evidence about violations of the citizen’s basic human rights. In that tradition, today’s PPT will assess the human rights implications of fracking.

Half the challenge is to rip the mask from the face. Now that has happened. After months of the Troika’s unrelenting, unrealistic demands on the Greek people, it has become clear what this conflict is really all about:  maintaining the supremacy of the neoliberal market/state alliance. The Greeks must be punished for wishing to explore serious alternatives. 

Creditors, having conveniently socialized their losses through taxpayer-funded bailouts, are now using their hammerlock on state power to keep the lid on neoliberal austerity. That’s their only plan:  their idée fixe. Democracy?  Political stability?  Social or humanitarian need? Secondary details. This negotiation is not about reviving the Greek economy, which has only worsened after five years of enforced fiscal austerity and credit-dependency (which is why it’s absurd to continue with the same policies). It's about which vision of the future shall prevail. 

Syriza, armed with a democratic mandate to reject further bailouts and austerity cuts, is locked in a fierce struggle pitting raw financial power and neoliberal policies against democratic sovereignty and a nascent vision of something better. We know who generally wins such struggles (e.g., Chile in 1973).  Will it be different this time?   

A lot rides on whether the Greek people, in the face of desperate circumstances, are willing to stand up to reclaim their self-determination or whether abject realities will simply force them to surrender and become a colony dependent on European creditors.

The Troika surely wants to send a strong cautionary message to the citizens of Spain, Portugal, Italy and other European countries with problematic finances. If that means imposing further unemployment, social disintegration and trauma on the Greeks, without offering a credible plan for the country’s economic revival, the Troika and its European backers are clearly willing to go there.

The Economist magazine captured this insane choice with a darkly humorous cover, “Acropolis Now.” Angela Merkel enters the “heart of darkness” of subduing the Greeks, only to discover the unanticipated costs.  “The horror, the horror.”

Better, Not More -- aka Buen Vivir

Here is an inspiring five-minute video about the quest for a new post-growth economic system.  "Better, Not More," was produced by Kontent Films for the Edge Funders Alliance, and was released last week at a conference in Baltimore. The video is a beautiful set of statements from activists around the world describing what they aspire to achieve, especially by way of commons.

The vocabularies and focus for the idea of "better, not more," obviously differ among people in one country to another. Buen vivir is the term that is more familiar to the peoples of Latin America, for example. But as the growth economy continues its assault on the planetary ecosystem, cultivating an ethic of sufficiency -- and developing the policies and politics to make that real -- is an urgent challenge.

All attention in Greece and global financial circles has been understandably focused on the new Greek Government’s fierce confrontation with its implacable European creditors. Less attention has been paid to the Government’s plans to help midwife a new post-capitalist order based on commons and peer production. 

A commons colleague, John Restakis, wrote about this possibility a week or so before the January 25 elections. Now, speaking to the Greek Parliament last week, the new Deputy Prime Minister Gianni Dragasakis explicitly stated that Greece will develop new sorts of bottom-up, commons-based, peer production models for meeting people’s needs.

Dr. Vasilis Kostakis, who works with the P2P Foundation’s P2P Lab based in Ioannina, Greece, has been following the situation in Greece closely.  Kostakis, a research fellow at the Ragnar Nurkse School of Innovation and Governance in Tallin, Estonia, writes:

Syriza seems to be adopting policies and reforming certain laws in a fashion that resembles the Partner State Approach practices, with regard to education, governance and R&D. To mention a few:  

· opening up the public data;

· making openly available the knowledge produced with tax-payers’ money;

· creating a collaborative environment for small-scale entrepreneurs and co-operatives while favoring initiatives based on open source technologies and practices;

· developing certain participatory processes (and strengthening the existing ones)  for citizen-engagement in policy-making;

· adopting open standards and patterns for public administration and education.

Creative Commons has just issued a report documenting usage patterns of its licenses.  It’s great to learn that the number of works using CC licenses has soared since this vital (and voluntary) workaround to copyright law was introduced twelve years ago, in 2003. 

According to a new report, the State of the Commons, recently released by Creative Commons, the licenses were used on an estimated 50 million works in 2006 and on 400 million works in 2010.  By 2014, that number had climbed to 882 million CC-licensed works.  Nine million websites now use CC licenses, including major sites like YouTube, Wikipedia, Flickr, Public Library of Science, Scribd and Jamendo.  The report includes a great series of infographics  that illustrate key findings. 

For any latecomers, CC licenses are a free set of public licenses that let copyright holders of books, films, websites, music, photography and other creative works choose to make their works legally shareable.  The licenses are necessary because copyright law makes no provisions for sharing beyond a vaguely defined set of “fair use” principles.  Copyright law is mostly about automatically locking up all works in a strict envelope of private property rights.  This makes it complicated and costly to let others legally share and re-use works.

The CC licenses were invented as a solution, just as Web 2.0 was getting going.  It has functioned as a vital element of infrastructure for building commons of knowledge and creativity.  It did this by providing a sound legal basis for sharing digital content, helping to leverage the power of network-driven sharing.

Tomorrow’s election in Greece could be a significant turning point in the fight against neoliberal austerity politics and an opportunity to inaugurate commons-based alternatives – from peer production to co-operatives to social economy innovations – with the support of the state. Needless to say, it is a complicated situation, not just the political and cultural dynamics within Greece, but the ambition of stepping off in new directions beyond those sanctioned by the European and global financial establishment. 

Fortunately, John Restakis provides some excellent and subtle insight into the Greek situation in a recent blog post on the Commons Transition website (which is worth visiting in its own right!).  John is past Executive Director of the BC Co-operative Association in Vancouver and  has spent many years in community organizing, adult and popular education, and co-op development.  He also lectures widely on the subject of globalization, regional development and alternative economics.

John’s piece is worth reading not just for its assessment of the Greek crisis, but also for the larger challenge of moving commons-based peer production and social alternatives into the mainstream.

Civil Power and the Path Forward for Greece

By John Restakis

With the prospect of a Syriza government, everyone is wondering what the future holds for Greece.  Whether disaster or deliverance, or just the normal chaos, it is hard to ignore the potential for game-changing repercussions from a Syriza government. On the street however, embittered by the failures of governments in the past to change a corrupt and dysfunctional political system, few people are expecting big things from Syriza. The feeling of popular cynicism and fatalism is palpable. How different will Syriza be?

One thing is certain. If Syriza does what it says, it will be forging a courageous and desperately needed path in Europe, not only in opposition to the austerity policies that are devastating the country, but to the neoliberal ideas, institutions, and capital interests that are their source and sustenance. For such a path to succeed, an entirely different view of economic development, of the role of the market, and of the relation between state and citizen is necessary.

It is in this context that the social economy has become an important aspect of Syriza’s plans for re-making the economy. Like other parties of both the right and left in Europe, Syriza is taking cognizance of the role that the social economy can play in the current crisis. Even the Cameron government in the UK, the epicenter of European neo-liberalism, has promoted the social economy as a sector with a strategic role to play in job creation, in improving public services, and in reforming the role of government. In the last election, Mutualism and the Big Society were its slogans.

It all sounds very nice, until it becomes evident just how little right wing governments understand, or care about, what the social economy is and how it functions. For the Cameron government co-operatives, and the social economy more generally, became a cover and a means for public sector privatizations, for weakening job security, and for reducing the role of government. Thousands of public sector workers have been coerced into joining pseudo-co-operatives to save their jobs. Under the current government, the same is beginning to happen in Greece with the newly formed KOINSEPs. This is a travesty of the nature and purpose of co-operatives whose memberships must always be voluntary, whose governance is democratic, and whose purpose is to serve their members and their communities for their common benefit – not the ideological aims of government. It’s a lesson that few governments understand.

For the right, the social economy is often viewed as a final refuge for the discarded of society and the victims of the capitalist economy. It is one reason why the right advocates charity as the proper response for the poor. Never solidarity or equity. More recently, the rhetoric and principles of the social economy have been used to expand the reach of capital into civil spaces. For these reasons co-operatives and social economy organizations in the UK, and elsewhere, have condemned the distortion of social economy principles for vested political interests. But what are these principles?

It’s been a year since the publication of Think Like a Commoner:  A Short Introduction to the Life of the Commons. I’m pleased to report that not only have domestic US sales gone well, but there will be seven foreign translations by the end of 2015.

There is already a French translation, La Renaissance des Communs:  Pour une société de coopération et de partage, published by Éditions Charles Léopold Mayer, of Paris, which commissioned me to write the book in the first place. 

There is also a Polish translation, The Commons:  Dobro Wspólne dla każdego, (downloadable for free from the Internet Archives. The Polish edition was initiated and translated by Petros & Natasha of the Freelab collective and published by the Social Cooperative “Faktoria,” in Poland.

Now, translations are underway in Spanish, Italian, Greek, Chinese and Korean, all with the generous permission of the Charles Léopold Mayer Foundation (which is directly supporting the Chinese translation).

The Spanish translation is being made by Guerrilla Translation of Madrid in cooperation with a number of commons-based groups in Spain. A special thanks to Stacco Troncoso and Ann Marie Utratel for their tenacity and leadership in making this happen.

Italian translator Bernardo Parrella has done a lot of work exploring publishing arrangements for Think Like a Commoner in Italy.  The good news is that Stampa Alternativa will publish the Italian edition in the spring, probably in April.

The Korean version will be published by Galmuri Press.  Details of the Greek and Chinese publishing arrangements are still being worked out, but in the meantime translations are proceeding. 

I was frankly surprised at the number of translations that have materialized for Think Like a Commoner in only one year. The cross-cultural interest suggests that the commons is fast becoming part of the Zeitgeist, recognized as a powerful way to begin to confront the dead-end economics and values of neoliberalism and to imagine a new and better world.

My thanks to everyone who is helping make these translations of my book happen!

Degrowth, the Book

In industrialized societies, where so many people regard economic growth as the essence of human progress, the idea of deliberately rejecting growth is seen as insane.  Yet that is more or less what the planet’s ecosystems are saying right now about the world economy. It’s also the message of an expanding movement, Degrowth, that is particularly strong in Europe and the global South. 

A few months ago I blogged about the massive Degrowth conference in Leipzig, Germany, that attracted 3,000 people from around the world. The basic point of the discussions was how to get beyond the fetish of growth, intellectually and practically, and how to transform our idea of “the economy” so that it incorporates such important values as democracy, social well-being and ecological limits.

Several of the movement’s leading figures have now released a rich anthology of essays, Degrowth:  A Vocabulary for a New Era (Routledge). It is the first English language book to comprehensively survey the burgeoning literature on degrowth.  More about the book on its website and an amusing three-minute video.  

The editors -- Giacomo D’Alisa, Federico Demaria, Giorgios Kallis – are three scholars at the Autonomous University of Barcelona, Spain, and members of the group Research & Degrowth. The editors describe degrowth as “a rejection of the illusion of growth and a call to repoliticize the public debate colonized by the idiom of economism.”  The basic idea is to find new ways to achieve “the democratically-led shrinking of production and consumption with the aim of achieving social justice and ecological sustainability.” 

Here’s how the book jacket describes the volume: 

We live in an era of stagnation, rapid impoverishment, rising inequalities and socio-ecological disasters. In the dominant discourse, these are effects of economic crisis, lack of growth or underdevelopment. This book argues that growth is the cause of these problems and that it has become uneconomic, ecologically unsustainable and intrinsically unjust.

When the language in use is inadequate to articulate what begs to be articulated, then it is time for a new vocabulary. A movement of activists and intellectuals, first starting in France and then spreading to the rest of the world, has called for the decolonization of public debate from the idiom of economism and the abolishment of economic growth as a social objective. ‘Degrowth’ (‘décroissance’) has come to signify for them the desired direction of societies that will use fewer natural resources and will organize themselves to live radically differently. ‘Simplicity’, ‘conviviality’, ‘autonomy’, ‘care’, ‘commons’ and ‘dépense’ are some of the words that express what a degrowth society might look like.

I don’t normally feature crowdfunding campaigns in my blog because there are so many worthy ones to support.  But here are two projects that I have a special affection for:  An ambitious campaign by CommonsSpark to raise money for a new mapping project called “CommonsScope,” and a set of twelve workshops to build local economies hosted by STIR magazine in the UK. 

Ellen Friedman and her colleagues have done a great job in pulling together an amazing number of maps of commons from around the world, featuring such categories as water, transportation, local commons and art commons. In an Indiegogo campaign that hopes to raise $35,000, CommonSpark plans to build a web catalog of hundreds of commons-related maps, data visualizations, open data, and tools – “a knowledge commons about the commons.”

Friedman also notes that CommonSpark is creating a catalog of commons with thousands of profiles that will communicate the story of each commons (who is the community, what is the resource, what are the commoning practices, where is it located, etc) along with best practices and data visualizations to identify patterns of commoning.

The CommonSpark Collective doesn’t want just want to raise money to build this useful web tool; it wants to attract a larger community to help build and steward the new world atlas of commons. You can help the effort by helping build the inventory of commons, joining the community and contributing to the Indiegogo campaign.  If this is any inducment, I've agreed to be a "reward" for any donor that gives $2,500 or more.

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