Back to The Future of Commons
Regreso al futuro de los "commons"

keywords: Theoretical and practical workshop.

date: January 25 - 26-2005 . Medialab Madrid

 

txt : Faced with the option of placinge copyright on conditional release, could we return to the idea of shared property, communal spaces that are, moreover, managed communally? This workshop proposes the construction of models that go beyond the user licence. It follows the same path, freeing up channels, bandwidths, software and hardware in order to achieve sustainability of shared knowledge.

In 2003, Platoniq brought out the copy-left licence Aire Incondicional (unconditional air). Prior to this, in different projects such as Burn Station (copying station for free distribution material) and Radiored (Platoniq’s first net radio, now Opserver.org and Burn.fm), free licences from the Electronic Frontier Foundation were already in use. The reason why they decided to start from scratch on the design of a new legal document with the solicitor Abel Garriga was to understand the use and above all the preparation of the licences as a group construction project, a living text that by its nature was to be used, modified and adapted according to whatever needs arose.
At the same time, problems became evident that suggested the need to return to work from the base. The licences that still coexisted at the time were in English and were subject to Anglo-Saxon law, specifically the North American legal system. Concepts such as public ownership, commons or copyright cannot be exported or translated simply without creating confusion or even serious error such as assuming that copyright and author’s rights are the same thing.
As a result, this task also meant a particular stance in contrast to the models proposed by Creative Commons that at that point were not so popular but that seemed already to have a strong vocation to convert themselves into The Model that would inevitably end up destroying or overshadowing other prior initiatives still linked to the free software as in the case of Open Content.
We are currently in the middle of an expansion of Creative Commons “franchises” from Japan to Spain, and we can see another problem emerging, that of expert dependency. The first cases of infringement of free licences have already arisen, and we should ask ourselves by what means we can defend them, since it is clear that only universities or companies with capital will be in a position to afford the costs of legal proceedings.
The task does not begin with distribution or reproduction but rather opening up all those processes that have so far been dominated by just a few, and in reaching agreement on “ethics of work”, “ethics of use” with respect to information and knowledge.