The Commons
A fundamental concept for this project is ’the commons’. By ‘the commons’ we mean resources that are shared and commonly used by a group of people. Historically the so called ‘enclosure of the commons’ refers to an ongoing privatisation of agricultural land in England between the 15th and 19th century, when land areas that had been collectively used were gradually turned over into the hands of private landowner (Thompson 1963). While some historians see the enclosure of the commons as depriving poor people of their means of support others see it as the introduction of more efficient means to manage farming land (Thompson 1963; Armstrong 1981). This process has become the subject of long standing debates over the best way to manage resources where collective use is contrasted against private ownership. In his famous article ”The tragedy of the commons” from 1968 Garret Hardin described how the use of commons suffer from a prisoners dilemma, where natural resources that are at anyone’s unregulated disposal will inevitably become exploited and exhausted as everyone tries to maximize their own share before the wells (literally) run dry. Hardin’s famous conclusion was that commons cannot survive in a world of escalating population growth and increased need for natural resources. In order to survive, the commons have to be enclosed and regulated either by the state or commercial interests.
Hardin’s article has often been presented as a proof that the commons is a utopian ideal. It can however be argued that Hardin’s thesis rests on a fundamental misconception of the commons: Hardin assumes that the commons is at anyone’s unlimited access which has rarely been the case: most commons are actually subjected to particular social norms that regulate how they can be used and by whom. In the 1980s, Hardin’s analysis was increasingly challenged by a new wave of research on the commons, spearheaded by Nobel laureate Ellinore Ostrom, that explored different kinds of commons as potentially fruitful form of community governance. In the 1990s the concept of the commons made its way into an emerging debate over how the expansion of intellectual property rights limited the public access to culture, knowledge and information. Scholars like James Boyle talked about the privatisation of information through intellectual property as a second enclosure movement.
We don’t mean to idealise the concept of the commons by assuming that it is always necessarily the best way to manage resources. We do however argue that the commons are generally both under-researched and under-protected as a mode of resource management. Or as the Swedish scholar Eva Hemmugs Wirtén has pointed out: “there are plenty of institutions that intervene against the theft of immaterial property, but there are no institutions that protect against propertization of immaterial commons”. While we want to discuss the commons as a potentially productive model of resource management we also acknowledge that it is not necessarily more democratic that other property regimes: as regulatory models, most commons also embody their own structures of stratification, power and exclusion. One example of this can be found in the Hungarian copyright scholar Balasz Bodó’s account of the regulatory models in closed filesharing networks. He argues that many consumers turn to various specialised file-sharing communities that exist beyond well-known mainstream platforms such as The Pirate Bay. These closed networks are often very exclusive not only in their choice of content but also in their selection of members. Such file-sharing (pirate) communities often promote ‘voluntary’ property rights regimes. Bodó demonstrates how such alternative networks can impose their own rules of exchange which can be much more efficient than any formal and universal system of property rights. Piracy can thus, in some cases, construct and impose its own property regimes and artificial systems of scarcity, that might be more efficient, but sometimes also just as restrictive, as conventional property regimes such as copyright. The strength of the commons as a model for resource management is, however, that they are often collectively formulated by those who actually use the resources which tends to make them more flexible and better adapted to the needs and circumstances posed by the resources at stake and the people who use them.
Martin