Category Archives: sharing

file sharing, resource pooling and sharing-compatible economic models

How should we frame and serve cultural rights in the digital age ?

This post gives the core of what I said in the panel on « Legalizing file-sharing: an idea whose time has come – or gone? » in the Information Influx conference organized to celebrate the 25 years of IViR, the Institute of Information Law in Amsterdam on 4 July 2014. The panel brought together 4 […]

Sharing is a cultural right, not a market failure

An endless stream of law proposals, soft-law initiatives and free-trade agreements keeps trying to eradicate or prevent the non-market sharing of digital works between individuals. New strategies are pushed using incentives and threats so that intermediaries will police the Internet to save the scarcity-based business models of a few from the competition of abundance. So […]

The Polish campaign for the right to culture

I write this post in a mix of sadness and joy. The sadness of losing Aaron Swartz who committed suicide two days ago. He was a great person (say all who met him) to whom we owe a significant part of the victory against SOPA in the US through his organization Demand Progress and many […]

Increased advertising pollution on wordpress.com

wordpress.com is the hosting service associated to the WordPress free software blog platform (WP for short). I often described this combination as virtuous, as it permits users to open easily and swiftly a hosted blog, while letting them move it easily to a self-hosted or other host solution using the same software. The growth of […]

Non-market sharing should not be “compensated for”, the “creative contribution” has other aims

The commons thread to my work on the non-market sharing of digital works between individuals1 is to defend that when carefully delineated, this sharing is a right whose definition lies outside the realm of copyright. As such it can not be the object of copyright-based compensation. I developed this point in Internet & Creation (in […]

Switzerland considers a proposal to legalize non-market file sharing between individuals

The Swiss Federal Council has decided to initiate a study on putting in place a proposal of the State Council member Luc Recordon (Green) to legalize the non-market sharing of digital works between individuals based on a contribution by Internet subscribers (and hardware users). Here is an extract of his intervention in support of his […]

The Cultural Commons and Social Justice: Foundations for a New European Humanism

This text is a contribution to the Green Paper produced by the Toolquiz project funded by the Interreg-C European programme of inter-regional co-operation. Toolquiz aims at creating the conditions for an inclusive creative economy. The European construction is at a crossroads. Faced with a major global crisis that challenges its very existence, it must redefine […]

European democracy

Dimitrios Droutsas is the rapporteur for opinion on ACTA in the LIBE (Civil Liberties, Justice and Home Affairs) committee of the European Parliament. Below is an abstract of his draft report that demonstrates an insight and a democratic commitment that should act as an example for his colleagues and for policy makers everywhere. In particular, […]

eBooks: Competition, reader rights and author remuneration

The title and some formulations in this post have been modified on 14 March 2012 to adapt them better to its subject. Despite a very good article in the Wall Street Journal, most commentators struggle to find their way in the recent announcements regarding a possible antitrust action against 5 publishers and Apple. The difficulty […]

How to delineate the non-market sharing of digital works between individuals?

The last part of this post has been modified in September 2015 to reflect the outcome of debates on the risk of undue interference by providers of means to sharing with the activities of sharing for their commercial benefit. In the years to come, the delineation of a non-market sphere of sharing between individuals of […]

Citizens stand for the right to share

This text below is the English version of an opinion editorial published today in the Dutch nrc.next daily newspaper. In the last days, two events have brought Internet-related policy issues to the front pages : the FBI crackdown on Megaupload and the signature of the ACTA treaty1 and the resulting streets demonstration in countries such as […]

Back to serfdom

Under the title For farmers, to resow seeds coming from one’s own harvest will be forbidden or subject to a levy, the French daily newspaper Le Monde announces that as I feared, the Parliament adopted1 provisions that prohibit or subject to a levy the fact of resowing seeds coming from harvesting crops whose original seeds […]

Sharing is not a market failure

For the second consecutive year, European commissioner Nellie Kroes delivered a speech in the Forum d’Avignon (the international meeting of culture, economy and the media) that breaks with the dominant copyright fundamentalism in this forum. Nelllie Kroes’ speech stresses even more clearly than last year some essential points : the failure of enforcing exclusive rights on […]

No real study yet

The DG for Internal Policies of the European Parliament has just released a study titled The “Content Flat-Rate”: A Solution to Illegal File-Sharing. This post aims at an answering the following questions: who has ordered the study? Who has conducted it? What is it about? What can we learn from it? The first two questions […]

Infrastructure and financing for the digital commons

This blog was inactive during the last weeks, but not its author. Here are a few links to the transcripts or recordings of rencent talks (all under the Creative Commons 3.0 Attribution Unported license) : Another narrative (a case for European R&D programmes to invest in innovation targeting new decentralized infrastructure for servers, services and data), […]