What's wrong with standing up for some things to be public?
Michael Madison, citing the recent NYTimes story about some libraries choosing the Open Content Alliance over Google, the WSJ story about Microsoft and Hollywood coming to terms on copyright "precrimes," and Tim Wu's Slate piece cited below, has some harsh words for those of us trying to make arguments in public about matters of public access and public goods:
... What do these stories and developments have in common? As lawyers and even more so, as content “creators,” “users,” “archivists,” and “researchers,” we believe that we are given a world in which the Law (note the capital L) says X and any failure to comply with the Law is “illegal.” From a “progressive” or “liberal” standpoint, we believe that private companies are presumptively bad and Big private companies are presumptively evil, and combinations of Big private companies are almost too scary to imagine. “Not-for-profit” organizations are good, universities are better, and libraries and librarians are happy warriors for the public interest.
In the examples above, therefore, (first) Google and Microsoft are scanning millions of books as part of a secret plot to control our brains; (second) Microsoft and Disney are sending a sinister symbolic message about User-Generated Content; and (third) the fansite community has internalized the evildoers’ message. The Law might change all of this, but Real Change is blocked by the political power wielded by Big private companies.
My lightning quick summary is rhetorically overdone, but I think that it captures an important part of the copyright / information / knowledge “debate” of recent years.
And I think that once the more overheated rhetoric is pulled aside, none of these three propositions really survives. The Law isn’t necessarily X. Private companies are not all bad; Big private companies are not all evil; not-for-profit organizations and universities and even librarians have deeply mixed motives. Consumers and users and researchers need not internalize the rhetoric of tolerated lawbreaking, but their only alternative is not resistance on the path to revolution, blocked by the Powers That Be.
Do we need a new vocabulary and a new syntax to describe this landscape? I think so. What would those look and sound like? More (I hope) shortly.
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Here is my response:
Huh? Come on. Nobody this side of Naomi Klein says all corporations are bad.
Again, I don't see your accurate complication of the limits that librarians must work with as "mixed motives."
I am guilty of idealizing librarians. But that's pretty damn easy to do. I also idealize fire fighters, police officers, public school teachers, and soldiers. The point of invoking such idealizations in a policy argument is to appeal to core principles. If we have to choose a custodian to manage OUR information, should it be an institution that has a core principles that reflect republican civic virtue? Or should we entrust our collective riches to one with core principles that include massive consumer profiling and extensive trade secrets in the service of quarterly returns to investors?
I would make an argument for the Army and against Blackwater based on the same framework. Wouldn't you? Or would criticisms of Blackwater land me in some boat with Naomi Klein and Noam Chomsky?
It's about how WE allocate OUR resources. It's not about corporations being bad. It's about a particular corporation and its specific attributes, actions, policies, and relationship with essential issues like privacy.
Please don't flatten out complicated debates (not in quotes) by jacking a few quotes out of newspaper and Web site articles. You know this is not that simple.
As for my own motives, if there is an unjustified amount of idealization worth deflating, it's certainly attached to Google. Just take a look at how our copyright allies declare it to be the Great Savior of fair use and open access.
The problem is not one of vocabulary here. We are dealing with a 25-year degradation of everything public. I am proud and justified to defend things public when appropriate.
Comments
This is a very irritating editorial with some extra-special stupid premises, including the assumption that those who value public access and open services in information infrastructure don't support vigorous private sector investment and employment, even when private enterprise obviously benefits from access to common knowledge bases as well.
I hate to sound like Michael Moore, but I've just come back from spending an inordinate amount of time in Canada, where they seem to have a more sensible attitude about public assets that is hardly anti-corporate.
Posted by: Liz Losh
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October 25, 2007 7:41 PM
Siva (and Liz, whose "very irritating" characterization I assume is aimed at me),
It is a strange thing to read an indignant reaction to something I wrote that appears, on a close reading, to reflect a broad agreement (me with you rather than you with me, if you prefer) rather than dissent. Of *course* it's complicated and of *course* private interests can be on the side of truth and justice; that's my point.
We have different sensibilities about rhetoric. IMO, the standard tropes -- whether they're used to attack Google (today) or Microsoft (today and yesterday) or Disney (for a long time) or IBM (back when it was always the bad guy), or to applaud writers or librarians or documentarians, or to attack or applaud remixers and creative and simply personal users -- tend to distance us from core principles, rather than reveal or appeal to them. I'd rather talk about the core principles themselves rather than hang on to the tropes. (Republican civic virtue is itself a sufficiently complicated concept.) I have friends who are documentarians and librarians and writers, all people of noble spirit and good will. I also have friends who work in senior positions for Google and Disney, and I believe them to be people of noble spirit and good will. And I've found that both groups of people are capable of reasoned discussion about core principles.
I have no idea what Naomi Klein, Noam Chomsky, or Blackwater are doing in this post.
Best,
Mike
Posted by: Mike Madison
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October 25, 2007 9:06 PM
My 1983 Public Finance text by David Hyman defines public goods as(I quote) "goods whose benefits are shared by large groups of consumers and... the most common means of making public goods available is through political interaction among persons who benefit from the good." Furthermore, to be a truly public good it has to be "nonrival" i.e. "a given quantity can be enjoyed by more than one without decreasing the amounts enjoyed by others. It also must be "nonexclsusive" meaning that "it is too costly to develop a means of excluding those who refuse to pay from enjoying the benefit of a given quantity of a public good"
Siva mentions police, fire fighters, and soldiers. Economically, they are classic examples of public goods; they are nonrival and nonexclusive.
The problem with copyrighted works, which were traditionally private goods, and the internet is that the internet has made them nonrival and nonexclusive. As a culture we sense this intuitively. Sensing this we, perhaps rightly, feel that instead of having these goods allocated by private economic actors, their allocation and availability should be determined "through political interaction among persons who benefit from the good."
Posted by: Jardinero1
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October 25, 2007 9:12 PM
I guess as someone who actually studies rhetoric at my day job, I'm always wary of those who dismiss opposing viewpoints as "just rhetoric," as you seem to do with your references to "the standard tropes." Maybe I've put the term "rhetoric" into the search engine of the White House website too many times and have seen the negative over-generalizations of our President on the subject, but some of us still think -- as the Greeks did -- that rhetoric is a valuable subject, which is critical for public communication and good citizenship, and that there can be "good rhetoric" as well as badly done attempts to persuade and mark occasions. Speaking of this particular pet peeve, I couldn't help but notice that you use the term "rhetoric" in conjunction with descriptors like "overheated" and "overdone" in your original post, and it is something that people should resist "internalizing." Next time, please remember that the word has positive as well as negative connotations and that you only create more obstacles for the tens of thousands of people who teach writing in this country by perpetuating the view that communication is more "honest" without any consideration for the intended audience or the common conventions that they may expect you to use.
Posted by: Liz Losh
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October 28, 2007 10:04 PM
I'm puzzled, puzzled by the idea that I dismissed opposing viewpoints (I didn't), puzzled by the notion that I dismissed anything on the basis of their being "just rhetoric" (didn't, again), puzzled by the inference that I think the rhetoric is an unimportant subject either intellectually or politically (there's no evidence of that), and really puzzled by the proposition that I don't care about audiences and conventions (that's just made up).
Please remember that lawyers, too, study language and are fully aware of its benefits as well as its drawbacks. I stand by the basic proposition that I offered in my original post, which was and is: In the access to information and knowledge debate, lines have been drawn based on tropes that need not be but have often gotten overheated and overused, and that seem to me to interfere with -- rather than advance -- real understanding.
Posted by: Mike Madison
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October 29, 2007 2:14 PM