Control

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""Commons" is an Old English word. … People called commons those parts of the environment for which customary law exacted specific forms of community respect. People called commons that part of the environment which lay beyond their own thresholds and outside of their own possessions, to which, however, they had recognized claims of usage, not to produce commodities but to provide for the subsistence of their households. The customary law which humanized the environment by establishing the commons was usually unwritten. It was unwritten law not only because people did not care to write it down, but because what it protected was a reality much too complex to fit into paragraphs. The law of the commons regulates the right of way, the right to fish and to hunt, to graze, and to collect wood or medicinal plants in the forest … The enclosure of the commons inaugurates a new ecological order: Enclosure did not just physically transfer the control over grasslands from the peasants to the lord. Enclosure marked a radical change in the attitudes of society towards the environment. Before, in any juridical system, most of the environment had been considered as commons from which most people could draw most of their sustenance without needing to take recourse to the market. After enclosure, the environment became primarily a resource at the service of "enterprises" which, by organizing wage-labor, transformed nature into the goods and services on which the satisfaction of basic needs by consumers depends. This transformation is in the blind spot of political economy."

- Control

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"Here's a simple copyright lesson: Law regulates copies. What's that mean? Well, before the Internet, think of this as a world of all possible uses of a copyrighted work. Most of them are unregulated. Talking about fair use, this is not fair use; this is unregulated use. To read is not a fair use; it's an unregulated use. To give it to someone is not a fair use; it's unregulated. To sell it, to sleep on top of it, to do any of these things with this text is unregulated. Now, in the center of this unregulated use, there is a small bit of stuff regulated by the copyright law; for example, publishing the book — that's regulated. And then within this small range of things regulated by copyright law, there's this tiny band before the Internet of stuff we call fair use: Uses that otherwise would be regulated but that the law says you can engage in without the permission of anybody else. For example, quoting a text in another text — that's a copy, but it's a still fair use. That means the world was divided into three camps, not two: Unregulated uses, regulated uses that were fair use, and the quintessential copyright world. Three categories. Enter the Internet. Every act is a copy, which means all of these unregulated uses disappear. Presumptively, everything you do on your machine on the network is a regulated use. And now it forces us into this tiny little category of arguing about, "What about the fair uses? What about the fair uses?" I will say the word: To hell with the fair uses. What about the unregulated uses we had of culture before this massive expansion of control?"

- Control

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