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[ox-en] Kleiner-Bauwens debate about Benkler, part 4



The Benkler/Lessig Bauwens/Kleiner debate, part four

http://blog.p2pfoundation.net/?p=514

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.


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