With this post, David Bollier beat me to the honor of introducing this important new book to the blogosphere. He’s one of the authors, so he deserves the honor. My copy of this important new work just arrived. If you are interested enough in the overarching economic and political changes that both enable and are enabled by DIY media to have read Benkler and Jenkins, you need to read this book. I was reminded of the importance of commons discourse to DIY media when I read this in Bollier’s chapter:

As the Internet and various digital technologies have become pervasive in American life, enabling robust new forms of social communication and collaboration, the cornucopia of t he commons has become a widespread phenomenon. We are migrating from a print culture of scarce supplies of fixed, canonical works to a digital culture of constantly evolving works that can be reproduced and distributed easily at virtually no cost. Our mass-media system of centralized production and one-to-many distribution is being eclipsed by a multimedia network of decentralized production and many-to-many distribution.

Here is a brief excerpt from Bollier’s blog post, introducing the book.

Two leading scholars on the commons, Charlotte Hess and Elinor Ostrom, have just published a great anthology of essays, Understanding Knowledge as a Commons: From Theory to Practice (MIT Press). The book brings together some varied perspectives on knowledge as a “shared social-ecological system.” I highly recommend it.

The idea that knowledge is incubated and maintained through social communities is hardly revolutionary, of course. But the rise of the Internet has suddenly made it more imperative to understand the structure and norms of “knowledge communities,” which can vary widely. This book helps sort through this variety with chapters on open access scholarly publishing (Peter Suber), research libraries (Wendy Pradt Lougee), science as a commons (James Boyle), open source software (Charles Schweik), preserving the knowledge commons (Donald J. Waters) and civic engagement and knowledge commons (Peter Levine), among others. I am pleased to be among this illustrious company with a chapter on “The Growth of the Commons Paradigm.”

Jennifer Urban and Cory Doctorow spoke in tandem at the December 14 DIY Media seminar. I will post separate entries, although their presentations were closely related.

“DRM is broken,” Urban declared, at the beginning of her talk about “Bits will never get harder to copy: the limits of copyright online.” (Apparently, according to a separate report, Bill Gates agrees) The problem, as the graphic below illustrates, is that until DRM started building legal restrictions on the use of cultural products into the hardware used to access those products, the relationship between technological capabilities, laws, and social changes was flexible enough to allow copyright laws to evolve with the times. When radio came along and enabled the broadcast of music that had previously been accessed through live performance or sheet music, the legal remedy of compulsory licensing enabled rights owners to be compensated and for a new medium for musical performance to grow. DRM, together with the Digital Millennium Copyright Act, which criminalizes circumvention of DRM measures, puts an end to that flexibility by instantiating in technology a social agreement that used to be mediated by courts: “DRM stops the change process” that been evolving since the establishment of copyright laws.

“Fair use,” fundamental to education, scholarship, and the arts, is broken because the rights holder, not a legal process, determines the boundaries, and “DMCA makes breaking DRM to enable fair use illegal.”

In addition to the social damage caused by cutting the legal system out of the process of determining the limits of licenses for cultural products, Urban pointed out that DRM leads to disasters like the Sony rootkit fiasco, in which hundreds of thousands of Sony CDs were distributed with DRM protections that installed malware on the computers of people who simply wanted to listen to music — compounded later by the exploitation of the malware by hackers.

Jennifer Urban is a Fellow at the USC Annenberg Center and a Clinical Associate Professor of Law at USC. She teaches Intellectual Property and classes related to Technology Law and Policy. She also is the Director of the USC Intellectual Property Clinic, where students learn intellectual property law through hands-on work with cutting-edge, real-world projects. She is a faculty member of the USC Center for Communication Law and Policy.