Law in the Internet Society

Introduction

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.

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

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

Proprietary production

- Elaborate the alternative private ownership of intellectual property

Differences between the two modes of production

- Mention certain case studies.

Contexts in which these modes work best

- Review Noam's arguments over time

- Deishen Lee article

- Eben

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

- the consequences of zero marginal cost networks are that it is now significantly more effective than in the past

- in some situations it is more efficacious

- the lack of profitability in the production of goods but rather in the entrepreneurship of exploiting re-combinations (the "permanently beta" argument)

Conclusion

- necessary, but not sufficient conditions have been elaborated

or

- open source software will eliminate firm-market based production for "internet" goods permanently.

-- TomGlaisyer - 18 Sep 2008

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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r8 - 15 Oct 2008 - 17:45:56 - TomGlaisyer
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