David Bollier

The recent political struggles between Hollywood and networked culture underscore a profoundly disruptive fact:  exclusive ownership rights are no longer as valuable as they once were.  What really matters is the flow.  Increasingly, knowledge and other intangible things are more valuable when they can circulate -- when they can be freely copied, shared and modified via open platforms.

Finally, we have a big, meaty book that takes on this issue. Open Design Now:  Why Design Cannot Remain Exclusive offers lots of specific stories and penetrating analysis by leading practitioners of “open creativity.”  The book will make heads explode in certain executive suites around the world, but it will also inspire talented artists and amateurs to enter the exciting world of co-creation and social design. The stories show that online collaboration is not just for software; it’s a larger, more powerful force that now designs and builds cars, mobile phones, furniture, images, computer hardware, and much, much else.

Open Design Now was produced by three Dutch organizations – Creative Commons Netherlands; Premsela, “the Dutch Platform for Design and Fashion”; and the Waag Society, a foundation that “develops creative technology for social innovation.”  Not surprisingly, the book has a bold, sleek, attractive design for its 18 essays, 21 brief case studies, and a “visual index” showing dozens of innovative trends in design.  

Wow! The save-the-Internet protests by Wikipedia, Google, Reddit, Boing Boing and hundreds of other websites marks a watershed moment in the evolution of networked political expression. Millions of Internet users learned that Congress actually can cripple the open Internet in the manner of authoritarian regimes, albeit in the name of copyright law.

Such mass politicization is powerful stuff. Within 24 hours, Senate Majority Leader Harry Reid postponed a scheduled vote on the “anti-piracy” Web censorship legislation known as SOPA and PIPA (Stop Online Piracy Act and Protect IP Act). The abrupt turnabout was widely regarded as a face-saving move for the benefit of Judiciary Committee Chairman Patrick Leahy, a key sponsor of the bill.

Although protests had been building for weeks, the one-day shutdown of popular websites suddenly made visible a huge, alternative universe of citizens who are usually ignored in Washington, D.C. Suddenly the Old Guard could not broker their self-serving, insider deals in the shadows. Suddenly the Web demonstrated its power as a new sort of theater for organizing and representing the public to confront conventional governance.

It's a pleasure to see Professor Leo Burke is getting some attention for his pioneering work in teaching the commons at..... a business school. In a wonderful profile, Notre Dame Magazine describes Burke's adventures in developing a commons curriculum for students and business executives at the Mendoza College of Business at Notre Dame University. The courses are arguably the first and only such pedagogy about the commons in the world of business. The profile, “A World That Works for Everyone,” was written by Jay Walljasper, my former colleague at On the Commons.

Full disclosure – Leo's a friend. He and I worked together last year in developing an online course, “Introduction to the Global Commons,” which is expected to be available soon on the United Nations Institute for Training and Research website.  When I met up with Leo, he had already launched the Global Commons Initiative at Mendoza College of Business, and was teaching both executive MBA and undergraduate courses in the commons. Leo has also assembled a commons curriculum for the School of Commoning in London.

Why should a business school teach the commons?  Carolyn Woo, until recently the Dean of the Notre Dame business school, told Walljasper:

Unbeknownst to millions of people recovering from their celebrations the night before, New Year's Day is a mini-celebration nested within a more famous holiday. Who among us realized that it was.... “Public Domain Day.” This is the date on which copyrights are supposed to expire on millions of works from a previous generation. It's the date on which the proprietary controls lapse and creative works become born again as public domain artifacts that can be freely used by anyone, for any purpose.

Alas, nothing entered the public domain this year. In fact, nothing will enter the public domain until January 1, 2019, thanks to the twenty-year extension of copyright law that Congress enacted in 1998 at the behest of Disney Co. and other media giants. This may explain why Public Domain Day remains so obscure! Nonetheless, the redoubtable host of Public Domain Day – the Center for the Study of the Public Domain at Duke Law School – annually commemorates this date to educate the public about the theft of works that rightly belong to them.

For this year's “celebration,” we learn how the public domain has been impoverished through excessive copyright terms. Last week the Center provided a wonderful survey of the cultural heritage that remains locked up. “What Could Have Entered the Public Domain on January 1, 2012?” it asks. The answers include the films The Body Snatchers, Rebel Without a Cause, Lady and the Tramp.  Then there are all the books from that 1950s that you could copy and share for free: Vladimir Nabokov's Lollita; Rudolf Flesch’s Why Johnny Can't Read; J.R.R. Tolkien’s The Return of the King, the last book of his Lord of Rings trilogy; and Edward Steichen’s famous book of photographs, The Family of Man; among many others.