The Globalisation of “Open”
Is Creative Commons the right strategy for governing the ownership and distribution of Wikipedia?
cc is a political artifact
What things regulate
Lessig ‘Code’
+litigiousrule of law well est.strong enforcement local demandaccessible legal system -weak enforcementweak complianceinaccessible legal systemltd law-making expertiseforeign demand
+litigiousrule of law well est.strong enforcement local demandaccessible legal system -weak enforcementweak complianceinaccessible legal systemltd law-making expertiseforeign demand
+skilled architects
breaking the code doesn’t result in a losslocal support
-lack of skilled architects
it is easy and cheap to break the code and this
results in a loss
+litigiousrule of law well est.strong enforcement local demandaccessible legal system -weak enforcementweak complianceinaccessible legal systemltd law-making expertiseforeign demand
+skilled architects
breaking the code doesn’t result in a losslocal support
-lack of skilled architects
it is easy and cheap to break the code and this
results in a loss
+competitionhigh demand
+litigiousrule of law well est.strong enforcement local demandaccessible legal system -weak enforcementweak complianceinaccessible legal systemltd law-making expertiseforeign demand
+skilled architects
breaking the code doesn’t result in a losslocal support
-lack of skilled architects
it is easy and cheap to break the code and this
results in a loss
+competitionhigh demand
-lack of competitionlow demand
+litigiousrule of law well est.strong enforcement local demandaccessible legal system -weak enforcementweak complianceinaccessible legal systemltd law-making expertiseforeign demand
+skilled architects
breaking the code doesn’t result in a losslocal support
-lack of skilled architects
it is easy and cheap to break the code and this
results in a loss
+competitionhigh demand
-lack of competitionlow demand
+large, well-developed,
diverse, informed community
+litigiousrule of law well est.strong enforcement local demandaccessible legal system -weak enforcementweak complianceinaccessible legal systemltd law-making expertiseforeign demand
+skilled architects
breaking the code doesn’t result in a losslocal support
-lack of skilled architects
it is easy and cheap to break the code and this
results in a loss
+competitionhigh demand
-lack of competitionlow demand
+large, well-developed,
diverse, informed community
-small, uninformed, homogenous community
Flickr’s ‘Share this’
‘free’
Ecosystems that facilitate sharing
Bloggers, Twitter, science
public domain
CCFlickr’s ‘Share this’
‘free’
Sharing among some, restriction of others
Bloggers, Twitter, science
Governance
• representation;
• resource distribution;
• < formalisation;
• i.e. having less and less room to do radical reformation when it is most necessary to do so.
What are we choosing when we choose CC?
• reinforce copyright law
• reinforce commodification of culture
• reinforce lawyers’ power
• reinforce global disparities
• adopt a system that has developed as far as it will?
choice