The Benkler/Lessig Bauwens/Kleiner debate, part four

Dmytri Kleiner sends us a new reaction:
Thank you Michel, it is a great pleasure to discuss this topic with you, I am not sure however, that your last contribution can be seen as a response to my comments, which you appear more or less to agree with some part of, so much as an expression of your own somewhat related thoughts, and adding references to things like “intersubjective typology” and “authority ranking,” which, though perhaps interesting, are not in your text connected to the points I make, thus simply left as  dangling allusions.

As I certainly understand the differences between commons-based peer production and a Maussian gift-economy, and other issues your raise, so it seems you are talking passed me, or around me, rather than engaging with specific arguments and criticisms I am making, so I will address only the areas that I think directly relate to our discussion.

Your example of the dynamics of the family is actually one I use quite often myself as well, however with a rather more critical conclusion. I agree that what I have described as the poverty of the network or the fact that free culture is bankrupt does have a quite similar dynamic to the poverty of mothers, and the terrible economic situation of children and their primary care-givers.

Rejoicing in the growth and realization of a child is quite rewarding, not only for the parents, but most people would consider children to be part of the wealth of the entire community.

However like the wealth of the information-commons, this wealth has only use-value, not exchange value, and thus the mother or primary care-giver is unable to provide for her or the child’s material subsistence as a result of this value, and certainly she can not accumulate wealth in this way.

The mother is in this way subordinated to an outside “provider,” either a husband or the State, and too-often finds herself powerless, isolated and living in poverty.

In this way, the peer-producers of free culture are indeed very similar to care-giving parents. There work creates use-value, but they can not capture any exchange value from their labour.

However, those that have Property can create such exchange value from this labour, by employing either the child or the information-product in production, and compensating such productive inputs with no more than their direct subsistence/reproduction costs.

Neither the mother, nor the free culture producer, has anyway to directly acquire Property from their contribution to the common wealth.

Your belief that “peer production is indeed immanent within the current meta-system, but that it, at the same time, significantly transcends it as a post-capitalist mode” is quaint, but ignores the Real Politik of power.

So long as peer-producers works on a common stock with no reproduction costs, all the surplus wealth created will be appropriated by Property, and applied towards using the economic and physical violence of the state to obliterate or co-opt any prospect of a change in the mode of production.

Whatever portion of his product the worker allows property to appropriate, will return in the form of his own forced subjugation.

I absolutely agree with your statement “in the meantime, it (we) co-exist with the world as it is, and the expansion of passionate peer production is still a fundamentally positive thing.” As a parent, free software user and developer and producer of free culture, I strongly endorse the creation of communal use-value.

However, this does not blind me to the way that community-created value is captured by Property, so I absolutely disagree that therefore “Benkler and Lessig are allies in the expansion of it, with a lot more power and influence, and potential for good, that either Kleiner or myself.”

Benkler and Lessig are the vanguard of Capital, whatever part of the free culture movement Property will not simply obliterate, law professors and other members of the liberal capitalist intellectual elite will simply co-opt and defuse of any genuinely revolutionary content.

The fact that they have “a lot more power and influence” is exactly because there is no “potential for good” in their work, at least not any idea of “good” than can be seen as a threat to the dominant mode of production and resulting wealth accumulation model.

You also continue to insist that peer-production is based on abundance and can not be applied to a commons of scarce resources, when I have already explained that there are models for common ownership of scarce resources, listing Georgist/Gesselian Rent-Sharing models as my preferred methods, and you seem to be favourable to this — so I am unclear on why you continue to argue as if the non-rivalrous basis of the commons is an agreed upon fact, when in fact it is the basis of my disagreement with both you and Benkler.

I also strongly disagree in your idea that regarding property-enforcement “we have to let people in a pluralist economy free to choose.”

Please consider if you would you say that in slave society! Should we leave slave owners free to “choose” the degree of freedom to give their slaves?

The fact is, which you (and also Sam Rose in his comment to your first Blog post) seem to want to ignore is that it is Property that violates freedom, not its absence.

By nature, I am already free to use what ever information-products I have perceived or have access to, no force or violation of freedom is needed to achieve this. It is those that want to stop me from using “their” information-products that require invasive force to do so, specifically the force of State violence enforcing their State-granted “Copyright.”

You can not have the “freedom to chose” the freedom of others, unless you have already violated it.

As to your question whether there is “anyone who can claim to ‘know the answer’” — this is nothing other than a banality, you are simply trying to avoid making a prescriptive statement, which was exactly the basis of my “seeing what sticks” criticism, that your positive suggestions amount to no more than a random string of buzzwords unconnected to the actual topic being discussed, and are not only not prescriptive, but actually neither predictive nor actionable either.

I can not say whether or not anyone can claim to “know the answer,” but in the context of a discussion, at least an answer can be proposed and logically examined.

You propose we “look at what social movements are doing,” yet we are those social movements, and it is our discussions that govern our actions, social movements are not something to be studied as if watching from another planet, they and the answers to social problems they represent are driven by critical discussion of prescriptive, actionable “answers” not evasions and allusions.

Now, taking a look at social movements, there are three kinds; the marginal, the dead and the false. This may seem harsh, but any social movement that is not marginal is either destroyed by Property or co-opted by it.

Why?

Because no major social movement has created a new mode of production that allows it to accumulate enough wealth to subsist and defend itself.

Nothing will change until such a mode of production is realized.

I believe that commons-based peer-production can and will be that mode of production.

We both agree that “we start bottom-up from the existing pluralism of alternatives” thus we should both be aware of the fact that we will face  top-down resistance and be prepared to recognize it by not forgetting the core of the arguments: property is theft, intellectual property is fraud, political power is extension of economic power.

To protect our bottom-up revolution, we need to be wary of those who try to define a commons in such a way that it is the “producer” and not the user who’s freedom is protected and characterized as a right to control others, or those that want to replace the commons with a false commons, containing nothing but immaterial “property” with no reproduction costs.

In 1649, Gerrard Winstanley and his followers took over vacant or common lands in Surrey, Buckinghamshire, Kent, and Northamptonshire and began cultivating the land and distributing the crops without charge to their followers. Local landowners took fright from the Diggers’ activities and in 1650 sent hired thugs to beat the Diggers and destroy their colony.

Lessage and Benkler, apologist for Capitalist Property-privilege, would support the dispossession of Winstanley and his Diggers, on the grounds that land is scarce and/or it is the “right” of the landlord to decide how “his” land should be used. They deny the fact that the entire natural world is in fact a commons. One that has been stolen. You will not win it back by instead retreating into an imaginary commons of smoke and hot air.

6 Comments The Benkler/Lessig Bauwens/Kleiner debate, part four

  1. AvatarMichel Bauwens

    Dmitry: I basically disagree with the starkness of the choices that you present. What you present is a pure alternative as to how ‘things should be’, and from that position, you decry the reality that is distinct from it. But one can hold a vision of a better society, all the while acknowledging that such master-slave relations have been dominant throughout most of civilisational history, and that the radical attempts to change it, have yielded greater disasters than the reality they were attempting to change. So an other option is to have a healthy respect for what exists, to realize that many stark oppositions are not so stark, and to build the seeds of the new society within the old. This is what Lessig and Benkler are doing in their own way, and what the P2P Foundation, recognizing a plurality of means, is also doing. It is incumbent on you to show that venture communism can work empirically. In the meantime, Benkler and Lessig are doing things, creating tools and a social movement which is advancing the cause of cultural creativity and autonomy. Where the P2P Foundation differs from them, is in the belief that the sharing economy can be extended much further. The goal however, that the subsystem of a sharing economy, becomes the main system, is the ultimate goal; in the meantime, we built it.

  2. AvatarSam Rose

    Dmytri writes: “Rejoicing in the growth and realization of a child is quite rewarding, not only for the parents, but most people would consider children to be part of the wealth of the entire community.

    However like the wealth of the information-commons, this wealth has only use-value, not exchange value, and thus the mother or primary care-giver is unable to provide for her or the child’s material subsistence as a result of this value, and certainly she can not accumulate wealth in this way.

    The mother is in this way subordinated to an outside “provider,� either a husband or the State, and too-often finds herself powerless, isolated and living in poverty.

    In this way, the peer-producers of free culture are indeed very similar to care-giving parents. There work creates use-value, but they can not capture any exchange value from their labour.”

    This is wrong, and I am living proof of that fact. People pay me to apply the same knowledge that I also release into communities that produce open knowledge. Why would they do this? Because they cannot apply it themselves. Why would I give this knowledge away for free? Because the knowledge itself will *increase* in value when I open it up in this way, and allow others to add to it, or change it. I can then, in turn, figure out new applications that apply this expanded knowledge.

    A mother could turn her joy about her child into an open commons of knowledge. Perhaps a knowledge commons of successful child raising? What if other mothers joined in and helped her co-create this knowledge commons? She could figure out ways to create applications that people might exchange tangible value (food, shelter, etc) for, just as I have.

    Now, what if the mother in question is living in conditions that bar her from the basic literacies she would need to do what I write about above. In this case, then I agree that a more radical approach could be needed, depending on the actual unique conditions, to affect change that would give the mother access to the literacies and resources that she would need to do what I talk about. Or, it could be unrealistic for a mother and her family’s basic survival for the mother and family to invest the huge amounts of time to attain the literacies needed to use the resources, again, this depends on real, unique, local conditions. There is no one blanket solution for anything. If local realities prevent a mother from attainging and accessing those needed literacies and resources in time to solve the problems of basic existence, and if the only thing that the mother has to exchange is labor, then who can argue that a framework like venture communes would not benefit this mother?

    I concur with Michel, and disagree with the notion that it is “either this way, or that way”, in general. Reality is rarely, if ever, so polarized. When someone tries to convince me that reality is polarized like this, I tend to view that what they are trying to do is frame and filter reality, with the intent to get me to come to their pre-determined desired conclusion. Some people have called this type of rat-maze-style communication “propaganda”.

    I think that it is narrow to view Lessig and Benkler as “apologist for Capitalist Property-privilege”, and wrong to automatically conclude that they would “support the dispossession of Winstanley and his Diggers, on the grounds that land is scarce and/or it is the “rightâ€? of the landlord to decide how “hisâ€? land should be used.” or that Lessig or Benkler “deny the fact that the entire natural world is in fact a commons”.

    And, it is innaccurate to label the types of commons that Michel has referred to in this discussion as a “An imaginary commons of smoke and hot air.”

    Is the knowledge commons of open source software a commons an “imaginary commons of smoke and hot air.”? No, it is not.

    The only real commons that exist among humans are those things, abstract or physcial, that people agree are a “commons”. Humans must actively agree to relate to a thing, real or abstract, as a “commons” in order for it to be a “commons”.

    What Benkler and Lessig are doing, and what we are doing, is creating a set of literacies for both:

    -Understanding how people currently relate to “property”, “cooperation” and governance of common resources.

    -Understanding ways to effectively, and REALISTICALLY transition away from social norms for common resources.

    Dmytri, I don’t think it’s necassary to polarize this discussion in order to try and get people to come to your desired conclusions.

    I think that there are real world applications for many of the contructs inherent in venture commune theory. As I wrote in a comment elsewhere, I think that the people who would benefit most from venture communes are people who’s life conditions find them expending human labor to survive/solve their problems of existence.

    Benkler and Lessig are working on a different set of problems, for a different set of life conditions. Althogh, the literacies they create are useable by anyone. But immediately useable by certain people with access to certain resources.

    For people without access to the resources that Benkler and Lessig talk about, I can see that venture communes could create a sustainable way for them to solve their problems of existence. But, only if it actually resonates with those people. Only if they are willing and able to adopt and use the framework (same thing for Lessig and Benkler).

  3. AvatarSam Rose

    Dmytri also wrote:

    “To protect our bottom-up revolution, we need to be wary of those who try to define a commons in such a way that it is the “producerâ€? and not the user who’s freedom is protected and characterized as a right to control others,”

    I agree with what I think you are saying here, adn I wrote about it here:

    http://www.smartmobs.com/archive/2006/09/14/what_you_should….html

    Dytri wrote: “…or those that want to replace the commons with a false commons, containing nothing but immaterial “propertyâ€? with no reproduction costs.”

    You misunderstand the value of an Open Knowledge commons. Open Knowledge is not “property”. It is Open Knowledge. Open for re-use, re-distribution. It is only property re-use and redistribution is restricted.

    Thus, a knowledge commons of public domain knowledge is anything but a false commons.

    “Open Knowledge” is not a “buzz word”. Any more than “venture commune” is a buzz word, anyway.

    “Open Knowledge” can easily mean totally open knowledge, with no conditions upon it. However, unless you want to wage violent war against those who don’t want you to open “their” knowledge, then I suggest you start creating and releasing your own open knowledge with those non-conditions for re-use, and working with others who are doing so. I have no interest in fighting the existing system, through violence, unless I am forced to. I have more interest in creating new systems that obsolete the existing system.

  4. Dmytri KleinerDmytri Kleiner

    Dear Michel and Sam,

    It is unfortunate you would rather portray my intent as insisting on how ‘things should be’, which is obviously false as no such thing occurs in my writing, or that I am trying to “polarize this discussion.”

    These sorts of attempts to portray me as unreasonable are in my opinion nothing other than a cop-out. A very mild, yet no-less falacious form of ad hominem. I simply attempt to explain the objective realities that are the cause of poverty and inequality. Causes known to us through the various discoveries of great thinkers, including Ricardo, Hodgskin, Proudhon, George and Gessel.

    What I have tried to explain is the concrete mechanics of wealth approriation, which you can not wish away.

    Every day wealth and power is concentrating, while poverty, misery, environmental catastrophe and totalitarian oppression is being spread with increasing ruthlessness and violence, all the while Sam and Michel dream blissfully of post-scarcity makebelieve candylands in the sky.

    I can only assume that both are fortunate enough to have no direct experience with Poverty. They, like many academics of the Western left, can not grasp what every latin american peasant knows instinctively: Property is theft. The source of poverty is not scarcity, nor any lack of capital yield, but robbery. Robbery funded by the surplus production of working communities. The robbery will not stop until we stop funding it with our labour. Until that is grasped, I am wasting my breath explaining further.

    I certainly do not have, nor have I ever claimed to have, “one blanket solution for anything,” this is yet another evasion meant to excuse not dealing with the logical arguments I have made, but rather dismissing them out of hand with dishonest characterisations. Anybody who has worked with me will attest to the fact that I am co-operative, practical, and very realistic. After all, I have no education, no property, and I have been earning my living as an independent producer in the market system for all of my life. I can not afford to be unrealistic.

    In order to build a real “bottom-up” revolution, we need to discuss prescriptive answers to the real challenges of resisting top-down oppression, and we must stop being apologists for the privilge of the elite. That is the simple reality of it.

    Thank you both for your comments, we agree on a great many issues and, though I have focused on our disagreements, I would like to note that many of your comments have been informative, supportive, and helpful as well — no doubt we will interact again in the future.

    Regards,
    Dmytri.

  5. Dmytri KleinerDmytri Kleiner

    Sam says:

    ‘“Open Knowledgeâ€? can easily mean totally open knowledge, with no conditions upon it. However,
    unless you want to wage violent war against those who don’t want you to open “their� knowledge,
    then I suggest you start creating and releasing your own open knowledge with those non-conditions
    for re-use, and working with others who are doing so. I have no interest in fighting the existing
    system, through violence, unless I am forced to. I have more interest in creating new systems
    that obsolete the existing system.’

    I wonder who it is that proposing that we “wage voilent war?”

    Certainly not me, my argument is exactly that we should voluntarily create communal value and the method I propose is exactly that we voluntarily work with others who share our goals.

    It is towards those ends that I seek to understand the issues that we need to address to subsist and defend our voluntary sharing communities.

    We need to think about defending our sharing communities, because a violent war is being waged against us by defenders of Propery-privilge. Check your local paper, I’m sure you will notice, or any history book.

    Regards,
    Dmytri.

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