Law in the Internet Society

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TomGlaisyerPaper1EbensArgument 9 - 15 Oct 2008 - Main.TomGlaisyer
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Introduction

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Anarchic production

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As I am most interested in functional goods I will focus on these and here Eben's argument rests on the productivity of the free software movement following the adoption of the General Product Licence (GPL) - a creation that he argues is the greatest achievement of Richard Stallman. (Moglen, Anarchism Triumphant) This seems a curious claim since the development of the GNU toolset and its subsequent marriage with the Linux project was no small or inconsequential undertaking yet without this legal vehicle it does seem reasonable that the latter project may not have succeeded. However, suggesting that a relatively modest, it is only a few pages long, legal artifact enforced by elements of the state seems an odd document to invoke when making an argument for anarchic productionsince it is defined by The Concise Oxford Dictionary of Politics as
-- "the view that society can and should be organized without a coercive state
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As I am most interested in functional goods I will focus on this aspect of Eben's argument which rests on the productivity of the free software movement following the adoption of the General Product Licence (GPL) - a creation that he argues is the greatest achievement of Richard Stallman. (Moglen, Anarchism Triumphant) Eben's claim that it is Richard Stallman's greatest achievement seems curious since the development of the GNU toolset and its subsequent marriage with the Linux project was no small or inconsequential undertaking yet it is entirely reasonable that without this legal vehicle the latter project may not have succeeded. However, suggesting that a relatively modest legal artifact enforced by elements of the state is critical to facilitating anarchic production since anarchy,as defined by The Concise Oxford Dictionary of Politics, is "the view that society can and should be organized without a coercive state."
 
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That said, the evidence exists,
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That said, the evidence of successful free and open source projects is ever more plentiful - Samba, MediaWiki? , Apache, FireFox? - the list goes on. Moreover, it is generally accepted that they are better than proprietary software on a number of dimensions - feature set, usability, reliability. All of this underpinned by the fact that if it doesn't quite work the technologist has the ability to fix it themselves. Moreover, and much more important to the technology executive, won't be left holding proprietary tools for which support is no longer available or 30% more expensive.

Clearly, this mode of production is attractive to users as well as more successful at a technical level. Yet it isn't clear to me that anarchy full describes its mode of production.

 - Define in as rich a way as possible by bringing in Stark and heterarchy, Benkler and peer production

TomGlaisyerPaper1EbensArgument 8 - 15 Oct 2008 - Main.TomGlaisyer
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Introduction

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In this paper I want to examine Eben's argument - Anarchism produces inherently superior goods – and the way in which freedom emerges under the conditions of an internet society. I intend to engage with Eben's arguments from a skeptical position and interrogate whether his definition of an "internet society" privileges the anarchic production methods quite as much as he suggests.
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In this paper I examine Eben's argument - Anarchism produces inherently superior goods when the marginal cost of production equals zero, in the case of functional goods; or in the case of non-functional goods (e.g aesthetic goods such as music) an anarchistic distribution system is superior to distribution organized by firms. I engage with Eben's arguments from a skeptical position and interrogate whether his definition of an "internet society" privileges the anarchic production methods quite as much as he suggests.
 
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Specifically, I will engage the arguments of Stark and Neff in "Permanently Beta," Noam's arguments in "The Economics of User Generated Content and Peer-to-Peer: The Commons as the Enabler of Commerce," since both of these suggest to that the method of production occurs only under a narrower set of conditions than those which Eben has elaborated (so far).
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Specifically, I employ the arguments of Stark and Neff in "Permanently Beta," Noam's arguments in "The Economics of User Generated Content and Peer-to-Peer: The Commons as the Enabler of Commerce," since both of these suggest that their are conditions at the micro or firm level which provide additional insight into the set of conditions under which his argument works.
 

Anarchic production

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- Elaborate Eben's definition.
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As I am most interested in functional goods I will focus on these and here Eben's argument rests on the productivity of the free software movement following the adoption of the General Product Licence (GPL) - a creation that he argues is the greatest achievement of Richard Stallman. (Moglen, Anarchism Triumphant) This seems a curious claim since the development of the GNU toolset and its subsequent marriage with the Linux project was no small or inconsequential undertaking yet without this legal vehicle it does seem reasonable that the latter project may not have succeeded. However, suggesting that a relatively modest, it is only a few pages long, legal artifact enforced by elements of the state seems an odd document to invoke when making an argument for anarchic productionsince it is defined by The Concise Oxford Dictionary of Politics as
-- "the view that society can and should be organized without a coercive state

That said, the evidence exists,

 - Define in as rich a way as possible by bringing in Stark and heterarchy, Benkler and peer production

TomGlaisyerPaper1EbensArgument 7 - 02 Oct 2008 - Main.TomGlaisyer
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Introduction

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In this paper I want to examine Eben's argument regarding the way in which freedom emerges under the conditions of an internet society. I intend to engage with Eben's arguments from a skeptical position and interrogate whether his definition of an "internet society" privileges the anarchic production methods quite as much as he suggests.
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In this paper I want to examine Eben's argument - Anarchism produces inherently superior goods – and the way in which freedom emerges under the conditions of an internet society. I intend to engage with Eben's arguments from a skeptical position and interrogate whether his definition of an "internet society" privileges the anarchic production methods quite as much as he suggests.
 Specifically, I will engage the arguments of Stark and Neff in "Permanently Beta," Noam's arguments in "The Economics of User Generated Content and Peer-to-Peer: The Commons as the Enabler of Commerce," since both of these suggest to that the method of production occurs only under a narrower set of conditions than those which Eben has elaborated (so far).

TomGlaisyerPaper1EbensArgument 6 - 30 Sep 2008 - Main.TomGlaisyer
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Introduction

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In this paper I want to examine Eben's argument regarding the way in which freedom emerges under the conditions of an internet society. I intend to engage with Eben's arguments from a skeptical position and interrogate whether his definition of an "internet society" privileges the anarchic production methods quite as much as he suggests.
 
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In this paper I want to examine Moglen's argument regarding the way in which freedom emerges under the conditions of an internet society. I intend to engage with Moglen's arguments from a skeptical position and interrogate whether his definition of an "internet society" privileges the anarchic production methods quite as much as he suggests.

  • I would prefer to be "Eben" than "Moglen" in this community, Tom. History will also be very impressed that you were on a first-name basis with me, even though you tried to reject my ideas.

Specifically, I will engage the arguments of Stark and Neff in "Permanently Beta," Noam's arguments in "The Economics of User Generated Content and Peer-to-Peer: The Commons as the Enabler of Commerce" since both of these suggest to that the method of production occurs only under a narrower set of conditions than those which Moglen has elaborated.

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Specifically, I will engage the arguments of Stark and Neff in "Permanently Beta," Noam's arguments in "The Economics of User Generated Content and Peer-to-Peer: The Commons as the Enabler of Commerce," since both of these suggest to that the method of production occurs only under a narrower set of conditions than those which Eben has elaborated (so far).
 

Anarchic production

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- bring in Stark and heterarchy, Benkler and peer production
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- Elaborate Eben's definition.
 
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  • I don't think you're going to succeed in starting an argument between Yochai and me, Tom. That's more likely to result in something like the Marshall McLuhan scene from Annie Hall. So far as Eli Noam is concerned, you will find it more interesting to look at Eli's bloviations over time, as he continues to try not to agree with me, but keeps edging closer to my positions under the pressure of the facts. You have, I understand, decided to impersonate the positions of outraged economic orthodoxy, which I welcome, but you will find the job is very much more difficult than you think. If I were you, I would listen for a couple more weeks before deciding what to write. Closing your mind at this stage is not even calculated to lead to the best closed-minded writing, let alone the best intellectual experience for you overall.
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- Define in as rich a way as possible by bringing in Stark and heterarchy, Benkler and peer production
 

Proprietary production

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- private ownership of intellectual property
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- Elaborate the alternative private ownership of intellectual property
 

Differences between the two modes of production

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- Mention certain case studies.
 

Contexts in which these modes work best

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- Noam
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- Review Noam's arguments over time
 
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- Moglen
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- Deishen Lee article
 
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- Eben
 

Tendency for the anarchic mode to work more than in the past

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 - necessary, but not sufficient conditions have been elaborated
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or
 
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- open source software will eliminate firm-market based production for "internet" goods permanently.
 

-- TomGlaisyer - 18 Sep 2008

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Notes from Eben

* I don't think you're going to succeed in starting an argument between Yochai and me, Tom. That's more likely to result in something like the Marshall McLuhan scene from Annie Hall. So far as Eli Noam is concerned, you will find it more interesting to look at Eli's bloviations over time, as he continues to try not to agree with me, but keeps edging closer to my positions under the pressure of the facts. You have, I understand, decided to impersonate the positions of outraged economic orthodoxy, which I welcome, but you will find the job is very much more difficult than you think. If I were you, I would listen for a couple more weeks before deciding what to write. Closing your mind at this stage is not even calculated to lead to the best closed-minded writing, let alone the best intellectual experience for you overall.

 

If anyone has any comments on this please feel do add a comment

 
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TomGlaisyerPaper1EbensArgument 5 - 28 Sep 2008 - Main.EbenMoglen
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Introduction

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Revision 9r9 - 15 Oct 2008 - 19:54:59 - TomGlaisyer
Revision 8r8 - 15 Oct 2008 - 17:45:56 - TomGlaisyer
Revision 7r7 - 02 Oct 2008 - 20:34:52 - TomGlaisyer
Revision 6r6 - 30 Sep 2008 - 15:11:28 - TomGlaisyer
Revision 5r5 - 28 Sep 2008 - 14:53:43 - EbenMoglen
Revision 4r4 - 26 Sep 2008 - 11:10:30 - EbenMoglen
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