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This book aims to open that discussion in the belief that we can obtain for food at least some of the (though partial) successes that we have been able to obtain with water.

Food --- commons

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This book examines the active role of urban citizens in constructing alternative urban spaces as tangible resistance towards capitalist production of urban spaces that continue to encroach various neighborhoods. The collection of narratives presented here brings together research from ten different Asian cities and re-theorises the city from the perspective of ordinary people facing moments of crisis, contestations, and cooperative quests to create alternative spaces to those being produced under prevailing urban processes. The chapters accent the exercise of human agency through daily practices in the production of urban space and the intention is not one of creating a romantic or utopian vision of what a city "by and for the people" ought to be. Rather, it is to place people in the centre as mediators of city-making with discontents about current conditions and desires for a better life.

Urban planning --- human flourishing --- alternative space --- commons

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‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics. ‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London. ‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London. ‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020). ‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School. At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.

intellectual commons --- commons-based peer production --- ethics --- law --- intellectual property --- copyright

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Although open content licences only account for a fraction of all copyright licences currently in force in the copyright world, the mentality change initated by the open content movement is here to stay. To promote the use of open content licences, it is important to better understand the theoretical underpinnings of these licences, as well as to gain insight on the practical advantages and inconveniences of their use. This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open content from a European intellectual property law perspective and of their possible implementation in the areas of scientific publishing, of the re-use of government information, of the dissemination of works held by cultural heritage institutions and of the exercise of rights on music phonograms.

law --- copyright --- creative commons --- public domain --- auteursrecht --- publiek domein

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If Hardin’s (1968) widely cited case of a pasture accessible to everyone were the standard for public natural resources, those resources would have the tendency to be depleted, degraded, destroyed or overexploited. Hardin explains that each herdsman found it more profitable to graze more animals than the pasture could support, since each took all the profit from an extra animal but bore only a fraction of the cost of overgrazing. Yet, what Hardin calls a “Tragedy of the Commons” is rather a “Tragedy of Open Access” (Feeny et al., 1990), since Hardin confuses the characteristics of a resource, such as low excludability and high rivalry in consumption, with its property rights regime which can take diverse forms. Hardin describes an open access system, meaning no rules and no property rights regime in place, that leads to overuse and degradation, instead of a resource that is held in common. Later, Hardin (1994) refers to the same case as an “unmanaged commons”. With his pasture example, he aimed to contradict the laissez-faire attitude shared by economists in the late 1800s, which was that if each man pursued his own interest then the interests of all would be best served in the long run. To motivate this chapter, I will recall four possible methods of natural resource management that can resolve this tragedy. I will also highlight the fourth, often overlooked approach, i.e. the public manager option. In fact, there is a continuum between the two polar ends of the spectrum, from governance enacted by a single central authority to a fully decentralized system of individual decision making. Between these two extremes lies a range of governance regimes that might involve higher levels of government along with local systems (Theesfeld, 2008a; Frey et al., 2016).

Natural resource management --- methods --- pseudo-commons --- post-socialist countries