Law in the Internet Society

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TomGlaisyerPaper1EbensArgument 8 - 15 Oct 2008 - Main.TomGlaisyer
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Introduction

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In this paper I want to examine Eben's argument - Anarchism produces inherently superior goods – and the way in which freedom emerges under the conditions of an internet society. I intend to engage with Eben's arguments from a skeptical position and interrogate whether his definition of an "internet society" privileges the anarchic production methods quite as much as he suggests.
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In this paper I examine Eben's argument - Anarchism produces inherently superior goods when the marginal cost of production equals zero, in the case of functional goods; or in the case of non-functional goods (e.g aesthetic goods such as music) an anarchistic distribution system is superior to distribution organized by firms. I engage with Eben's arguments from a skeptical position and interrogate whether his definition of an "internet society" privileges the anarchic production methods quite as much as he suggests.
 
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Specifically, I will engage the arguments of Stark and Neff in "Permanently Beta," Noam's arguments in "The Economics of User Generated Content and Peer-to-Peer: The Commons as the Enabler of Commerce," since both of these suggest to that the method of production occurs only under a narrower set of conditions than those which Eben has elaborated (so far).
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Specifically, I employ the arguments of Stark and Neff in "Permanently Beta," Noam's arguments in "The Economics of User Generated Content and Peer-to-Peer: The Commons as the Enabler of Commerce," since both of these suggest that their are conditions at the micro or firm level which provide additional insight into the set of conditions under which his argument works.
 

Anarchic production

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- Elaborate Eben's definition.
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As I am most interested in functional goods I will focus on these and here Eben's argument rests on the productivity of the free software movement following the adoption of the General Product Licence (GPL) - a creation that he argues is the greatest achievement of Richard Stallman. (Moglen, Anarchism Triumphant) This seems a curious claim since the development of the GNU toolset and its subsequent marriage with the Linux project was no small or inconsequential undertaking yet without this legal vehicle it does seem reasonable that the latter project may not have succeeded. However, suggesting that a relatively modest, it is only a few pages long, legal artifact enforced by elements of the state seems an odd document to invoke when making an argument for anarchic productionsince it is defined by The Concise Oxford Dictionary of Politics as
-- "the view that society can and should be organized without a coercive state

That said, the evidence exists,

 - Define in as rich a way as possible by bringing in Stark and heterarchy, Benkler and peer production

Revision 8r8 - 15 Oct 2008 - 17:45:56 - TomGlaisyer
Revision 7r7 - 02 Oct 2008 - 20:34:52 - TomGlaisyer
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