BOOKS, EXPERTS AND ORGANIZATIONS

THE COMMONS

Diverted by the metaphor of "the tragedy of the commons," Americans frequently do not recognize how human cooperation can in fact generate remarkable economic and social wealth. The commons often defies the standard economic narrative about self-interested utility maximization. "Gift economies" are one means by which a common asset can be successfully managed in an open, collaborative manner. Examples include academic disciplines, Internet communities, community organizations, and democratic self-governance itself.

It is difficult to make broad generalizations about the commons because each bears the distinctive imprint of its own resource domain, culture, history, legal system and scale of operation. That said, some of the general principles that tend to prevail in successful American commons include: openness and feedback, shared decisionmaking, diversity of perspectives, social equity among members of the commons, environmental sustainability and community vitality.

Leading Thinkers & Their Books

The Commons

Buck, Susan J., The Global Commons: An Introduction (Island Press, 1998).

Cahn, Edgard and Jonathan Rowe, Time Dollars (Rodale Press, 1992).

Ecologist, The [magazine], Whose Common Future? Reclaiming the Commons (New Society Publishers, 1993).

Hyde, Lewis, The Gift: Imagination and the Erotic Life of Property (Vintage Books, 1979).

McCay, Bonnie J. and James M. Acheson, eds., The Question of the Commons (University of Arizona Press, 1986).

Ostrom, Elinor, Governing the Commons: The Evolution of Institutions for Collective Action (Cambridge University Press, 1990).

Stevenson, Glenn, Common Property Economics (Cambridge University Press, 1991).

Yes! magazine, Summer 2001 issue.

Property Rights & Commodification

Alexander, Gregory, Commodity and Propriety: Competing Visions of property in American Legal Thought (University of Chicago Press, 1997).

Fried, Barbara, The Progressive Assault of Laissez Faire: Robert Hale and the First Law and Economics Movement (Harvard University Press, 1998).

Hirsch, Fred, Social Limits to Growth (Excel, 1999).

Kuttner, Robert, Everything for Sale: The Virtues and Limits of Markets (Knopf, 1997).

Polanyi, Karl, The Great Transformation: The Political and Economic Origins of Our Times (Beacon Press, 1944, 1957).

Radin, Margaret Jane, Contested Commodities (Harvard University Press, 1996).

Rose, Carol, Property and Persuasion: Essays on the History, Theory and Rhetoric of Ownership (Westview Press, 1994). Out-of-print but worth the search.

Steinberg, Theodore, Slide Mountain or the Folly of Owning Nature (University of California Press, 1995).

NATURAL RESOURCES ON PUBLIC LANDS

Not many Americans realize that they collectively own one-third of the nation's surface area and millions of acres of public lands richly endowed with minerals, oil, forests, grasslands and other natural resources. The government's stewardship of these resources, however, represents one of the great scandals of the 20th Century. Through antiquated laws, poor enforcement, slipshod administration and environmental indifference, industry users of the public's natural resources have sought cheap and unrestricted access.

Public Policy Advocates

Green Scissors Campaign: environmentally destructive corporate subsidies.

Mineral Policy Center: reform of 1872 Mining Act.

Project on Government Oversight (POGO): oil leasing.

Sierra Club: logging on federal lands.

U.S. Public Interest Research Group: grazing on federal lands.

Environmental Policy Center: Takings Movement, ownership of wildlife, federal litigation to protect environment.

Sky Trust: champion of stakeholder trust for carbon emissions pollution rights.

Worthwhile Books

Barlow, Maude, Blue Gold: The Global Water Crisis and the Commodification of the World's Water [report], (International Forum on Globalization, 1999).

Barnes, Peter, Who Owns the Sky? Our Common Assets the Future of Capitalism (Island Press, 2001).

Baskin, Yvonne, The Work of Nature: How the Diversity of Life Sustains Use (Island Press, 1997).

Echeverria, John, and Raymond Booth Eby, Let the People Judge: Wise Use and the Private Property Rights Movement (Island Press, 1995).

Hawken, Paul, The Ecology of Commerce: A Declaration of Sustainability (HarperBusiness, 1993).

Hirt, Paul W., A Conspiracy of Optimism: Management of the National Forests Since World War Two (University of Nebraska Press, 1994).

Lovins, Amory, Natural Capitalism

Mayer, Carl J. and George A. Riley, Public Domain, Private Dominion: A History of Public Mineral Policy in America (Sierra Club Books, 1985).

Power, Thomas Michael, Lost Landscapes and Failed Economies: The Search for a Value of Place (Island Press, 1996).

Steen, Harold K., The U.S. Forest Service: A History (University of Washington Press, 1976).

Leading Thinkers

Joseph Sax: his law review articles on public trust doctrine were seminal.

Carol Rose, Yale Law School: property law and its history, public trust doctrine

John Echeverria, Environmental Policy Project: opposition to Takings Movement.

Amory Lovins, Rocky Mountain Institute: sustainable market practices, "natural capitalism"

THE INTERNET AND THE AIRWAVES

Taxpayers supported the research and protocols that eventually resulted in the Internet, and the public is the owner of the electromagnetic spectrum that makes possible broadcasting, wireless communication and other markets. Historically, however, business interests have prevailed upon Congress to give them free or discounted ownership or use of these public assets. Furthermore, the public's interests in non-commercial uses of these assets - for civic dialogue, community needs, arts and culture, education, public health - have generally been thwarted.

Groups

Center for Media Education: children's educational television, open broadband Internet access.

Center for Digital Democracy: open access, Internet

Consumers Union: cable television regulation, access to online music

Consumer Project on Technology: consumer rights in e-commerce, ICANN, international intellectual property policy, patents

Electronic Frontier Foundation: free speech on the Internet, other digital issues

Future of Music Coalition: creative rights of independent musicians

ICANN Watch: democratic access and openness at ICANN

Media Access Project: citizen access, media concentration, FCC oversight of communications industries

NetAction: citizen activism, Internet access

World Wide Web Consortium: open standards, interoperability and universal access to the Internet architecture

Worthwhile Books

Abbate, Janet, Inventing the Internet (MIT Press, 2000).

Lessig, Lawrence, Code and Other Laws of Cyberspace (Basic Books, 1999).

McChesney, Robert W., Rich Media, Poor Democracy: Communication Politics in Dubious Times (University of Illinois Press, 1999).

Newman, Nathan, Net Loss: Government, Technology and the Political Economy of Community in the Age of the Internet

Leading Experts

Lawrence Lessig, Stanford Law: Internet architecture, transparent technology, intellectual property in digital information

Yochai Benkler, NYU Law: information commons in spectrum, free speech in digital arenas

James Boyle, Duke Law: information commons, intellectual property

Pamela Samuelson

Jessica Litman

David Lange

J.H. Reichman

THE INFORMATION COMMONS

The information commons is the civic and cultural space in which we share information, creativity and ideas. Radical changes in technology, intellectual property law, market structures and social practice are shrinking the information commons, however. At risk: creative expression, free speech, academic research and technological innovation.

Groups

Center for the Public Domain: information commons, transparent technologies, intellectual property law, open and interoperable Internet.

Consumer Project on Technology: e-commerce and the public interest, pharmaceutical and business methods patents; ICANN; Microsoft.

Electronic Frontier Foundation: free speech on the Internet, other digital issues. Also, EFF's Open Audio License.

Copyright's Commons (Berkman Center): Copyright Extension Act, copyright and the public interest.

American Library Association: Digital Millennium Copyright Act, UCITA, and full range of copyright issues.

Digital Future Coalition: Digital Millennium Copyright Act, UCITA.

ACLU: free speech, privacy and censorship on Internet.

Electronic Privacy Information Center: privacy issues in various digital contexts.

Slashdot: freedom of innovation in software development, free speech, public access and use of digital information.

Books

Boyle, James, Shamans, Software and Spleens: Law and the Construction of the Information Society (Harvard University Press, 1996).

Brown, John Seely and Paul Duguid, The Social Life of Information (Harvard Business School Press, 2000).

Coombe, Rosemary J., The Cultural Life of Intellectual Properties: Authorship, Appropriation and the Law (Duke University Press, 1998).

Litman, Jessica, Digital Copyright (Prometheus Press, 2001).

National Research Council, The Digital Dilemma: Intellectual Property in the Information Age (National Academy Press, 2000).

Patterson, L. Ray and Stanley W. Lindberg, The Nature of Copyright: A Law of Users' Rights (University of Georgia Press, 1991).

Shulman, Seth, Owning the Future (Houghton Mifflin, 1999).

FEDERAL RESEARCH AND INFORMATION RESOURCES

Until the late 1970s, federally sponsored R&D was considered a public resource that should be liberally shared with the public and other researchers. Since 1980, after a concerted campaign by business, the U.S. Government now forfeits billions of dollars in revenues by allowing companies and universities to own research and patents financed by taxpayers. Not only does the public fail to get a fair return on its investments, companies are often free to charge exorbitant prices for their drugs, software and other products. Meanwhile, mountains of valuable government reports, databases, congressional documents and other information resources are inaccessible to the public or ridiculously expensive.

Groups

OMB Watch: access to government information

Congressional Accountability Project

Leading Experts

Gary Bass, OMB Watch

Patricia McDermott, OMB Watch

James P. Love, Consumer Project on Technology

Gary Ruskin, Congressional Accountability Project

PUBLIC SPACES AND THE CULTURAL COMMONS

Not so long ago it was customary for there to be commercial-free zones in daily life. No more. Market exploitation of public spaces, civic institutions and shared cultural traditions has reached grotesque new extremes. Captive audiences in elevators, airport lounges and bathrooms are new targets for advertisers, and millions of school children are force-fed commercial messages during school hours. Other revered non-commercial institutions such as public broadcasting, journalism, the Olympics and more have been transformed into crass marketing platforms.

Groups

Adbusters

Commercial Alert

Jeremy Rifkin, Foundation on Economic Trends

Center for Commercial-Free Public Education

Project for Public Spaces

Books

Adbusters magazine (Vancouver, Canada).

Frank, Robert, One Market Under God: Extreme Capitalism, Market Populism and the End of Economic Democracy (Doubleday, 2000).

Klein, Naomi, No Logo: Taking Aim at the Brand Bullies (Picador, 1999).

Lane, Robert, The Loss of Happiness in Market Democracies (Yale University Press, 2000).

Lasn, Kalle, Culture Jam: The Uncooling of America (William Morrow & Co., 1999).

Project for Public Spaces, How to Turn a Place Around: A Handbook for Creating Successful Public Spaces (2000).

Rifkin, Jeremy, The Age of Access: The New Culture of Hypercapitalism Where All of Life is a Paid-for Experience (Jeremy P. Tarcher/Putnam, 2000).

Savan, Leslie, The Sponsored Life: Ads, TV and American Culture (Temple University Press, 1994).

INITIATIVES TO RECLAIM THE COMMONS

While market enclosures are plentiful, a movement to reclaim the American commons is launching a variety of creative new initiatives. The efforts span a broad spectrum of stopping the giveaway of taxpayer-owned resources, creating stakeholder trusts that pay dividends to all citizens, and capturing capital gains from public infrastructure. There are also efforts to develop new legal vehicles to help various commons retain the surplus value that they generate. Other visionaries are creating new institutional vehicles for shared community ownership and cooperatives, new local commons regimes for managing finite natural resources, and new Internet vehicles for sharing and collaboration.

Stakeholder Trusts

Sky Trust

Alaska Permanent Trust

Digital Opportunity Trust

.Us proposal, Benton Foundation

Online Collaborations

Public Library of Science

iBiblio

Free Software Foundation

Open Source Software

Linux

M.I.T's OpenCourseWare

Los Alamos National Research Laboratory Archive

Vehicles for Common Ownership

Coop America

The ESOP Association

Land Trust Alliance

Time Dollars

Groups Studying the Commons

Redefining Progress

Corporation for Enterprise Development

Terra Civitas

IASCP, International Association for the Study of Common Property

Worthwhile Books

DiBona, Chris, Sam Ockman & Mark Stone, Open Sources: Voices from the Open Source Revolution (O'Reilley & Associates, 1999).

Donahue, Brian, Reclaiming the Commons: Community Farms and Forests in a New England Town (Yale University Press, 1999).

Gates, Jeff, The Ownership Solution: Toward a Shared Capitalism for the Twenty-First Century (Perseus Books, 1999).

Hock, Dee, Birth of the Chaordic Age (Berrett-Koehler Publishers, 1999).

Kim, Amy Jo, Community Building on the Web: Secret Strategies for Successful Online Communities (Peachpit Press, 2000).

Yes! Magazine, Summer 2001 issue on the commons