Notes

Thomas Streeter

13 December 2010

¶ 1 Leave a comment on paragraph 1 0 1. There are many print and electronic versions of Raymond’s legendary essay available, which he first presented in May 1997, but the most appropriate would be the version on his own website, complete with a list of changes over the years; see Eric Raymond, “The Cathedral and the Bazaar,” Eric S. Raymond’s Home Page, 21 May  1997, catb.org/~esr/writings/homesteading/cathedral-bazaar/

¶ 2 Leave a comment on paragraph 2 0 2. Nelson, Computer Lib, DM 45.

¶ 3 Leave a comment on paragraph 3 0 3. Nelson, www.hyperstand.com/Sound/Ted_Report2.html

¶ 4 Leave a comment on paragraph 4 0 4. Nelson, Literary Machines: The Report on, and of, Project Xanadu Concerning Word Processing, Electronic Publishing, Hypertext, Thinkertoys, Tomorrow’s Intellectual Revolution, and Certain Other Topics Including Knowledge, Education and Freedom (self published, 1983), chap. 2, 38.

¶ 5 Leave a comment on paragraph 5 0 5. Ibid., chap. 2, 38.

¶ 6 Leave a comment on paragraph 6 0 6. Nelson, Ted_Report2.html.

¶ 7 Leave a comment on paragraph 7 0 7. Locke’s phrase in the Second Treatise was “no one ought to harm another in his life, health, liberty, or possessions” (John Locke, Second Treatise of Government, ed. Crawford Brough Macpherson [Hackett Publishing, 1980], 9.)

¶ 8 Leave a comment on paragraph 8 0 8. Ayn Rand, Atlas Shrugged (Dutton Adult, 2005), 106.

¶ 9 Leave a comment on paragraph 9 0 9. For an overview of some of the odd twists and turns in early property law in the United States, see Lawrence M. Friedman, A History of American Law (Touchstone, 1986), 234–44.

¶ 10 Leave a comment on paragraph 10 0 10. See Thomas C. Grey, “The Disintegration of Property,” Property: Nomos XXII 69 (1980): 69–70.

¶ 11 Leave a comment on paragraph 11 0 11. Streeter, Selling the Air, 219.

¶ 12 Leave a comment on paragraph 12 0 12. See Carol M. Rose, “Crystals and Mud in Property Law,” Stanford Law Review 40, no. 3 (1987): 577–610.

¶ 13 Leave a comment on paragraph 13 0 13. See Fisher, “Stories about Property,” Michigan Law Review (1996): 1776–98.

¶ 14 Leave a comment on paragraph 14 0 14. Jeremy Bentham, The Works of Jeremy Bentham, ed. John Bowring (W. Tait, 1843), 501.

¶ 15 Leave a comment on paragraph 15 0 15. See Levy, Hackers, 229.

¶ 16 Leave a comment on paragraph 16 0 16. Fisher divides these into four perspectives that currently dominate theoretical writing about intellectual property: utilitarianism; labor theory; personality theory; and social planning theory. See Fisher, “Theories of Intellectual Property.”

¶ 17 Leave a comment on paragraph 17 0 17. See Grey, “The Disintegration of Property.”

¶ 18 Leave a comment on paragraph 18 0 18. See Bernard Edelman, Ownership of the Image: Elements for a Marxist Theory of Law, trans. Elizabeth Kingdom (Routledge & Kegan Paul, 1979).

¶ 19 Leave a comment on paragraph 19 0 19. Frow, Time and Commodity Culture, 187.

¶ 20 Leave a comment on paragraph 20 0 20. David Saunders, Authorship and Copyright (Taylor & Francis, 1992), 7.

¶ 21 Leave a comment on paragraph 21 0 21. See Martha Woodmansee and Peter Jaszi, The Construction of Authorship (Duke University Press, 1994).

¶ 22 Leave a comment on paragraph 22 0 22. See Michel Foucault, “What Is an Author?” in Language, Counter-Memory, Practice, ed. Donald F. Bouchard, trans. Sherry Simon (Cornell University Press, 1980), 113–8.

¶ 23 Leave a comment on paragraph 23 0 23. See Jaszi, “Who Cares Who Wrote Shakespeare,” American University Law Review 37 (1987): 617, and James D. A. Boyle, “Search for an Author: Shakespeare and the Framers,” American University Law Review 37 (1987): 625.

¶ 24 Leave a comment on paragraph 24 0 24. See Jane M. Gaines, Contested Culture: The Image, the Voice, and the Law (The University of North Carolina Press, 1991).

¶ 25 Leave a comment on paragraph 25 0 25. For example, see Boyle, “Search for an Author”

¶ 26 Leave a comment on paragraph 26 0 26. Rosemary Coombe, The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law (Duke University Press, 1998).

¶ 27 Leave a comment on paragraph 27 0 27. See U.S. Patent and Trademark Office, Intellectual Property and the National Information Infrastructure: The Report of the Working Group on Intellectual, Property Rights, Sept. 1995, www.uspto.gov/go/com/doc/ipnii/

¶ 28 Leave a comment on paragraph 28 0 28. John Perry Barlow, “The Economy of Ideas: a Framework for Patents and Copyrights in the Digital Age (Everything you Know about Intellectual Property Is Wrong),” Wired 2.03, 1994, 349.

¶ 29 Leave a comment on paragraph 29 0 29. For example, see Streeter, Selling the Air, 276.

¶ 30 Leave a comment on paragraph 30 0 30. See Lawrence Lessig, “Plastics: Unger and Ackerman on Transformation,” Yale Law Journal 98 (1988): 1173.

¶ 31 Leave a comment on paragraph 31 0 31. A similar intellectual trajectory was adopted by Barack Obama when he became president of the Harvard Law Review in 1989, just as Lessig was assuming his first faculty position at the University of Chicago.

¶ 32 Leave a comment on paragraph 32 0 32.  Lessig, “Social Meaning and Social Norms,” University of Pennsylvania Law Review 144 (May 1996): 2181.

¶ 33 Leave a comment on paragraph 33 0 33.  Lessig, “Understanding Changed Readings: Fidelity and Theory,” Stanford Law Review 47 (1994): 400.

¶ 34 Leave a comment on paragraph 34 0 34. See  ibid.

¶ 35 Leave a comment on paragraph 35 0 35. See Levy, “Lawrence Lessig’s Supreme Showdown,” Wired 10.10 (Oct. 2002), www.wired.com/wired/archive/10.10/lessig_pr.html.

¶ 36 Leave a comment on paragraph 36 0 36. Julian Dibbell, “A Rape in Cyberspace: How an Evil Clown, a Haitian Trickster Spirit, Two Wizards, and a Cast of Dozens Turned a Database into a Society,” The Village Voice 23, 21Dec. 1993, 36–42.

¶ 37 Leave a comment on paragraph 37 0 37. Levy, “Lawrence Lessig’s Supreme Showdown.”

¶ 38 Leave a comment on paragraph 38 0 38. Ibid.

¶ 39 Leave a comment on paragraph 39 0 39. See Christian Zapf and Eben Moglen, “Linguistic Indeterminacy and the Rule of Law: On the Perils of Misunderstanding Wittgenstein,” Georgetown Law Journal 84 (1995): 485.

¶ 40 Leave a comment on paragraph 40 0 40. See David F. Noble, America by Design (Oxford University Press, 1979).

¶ 41 Leave a comment on paragraph 41 0 41. “Bill Gates once told me that the way to make money in the computer business is by setting de facto standards, by which he meant proprietary standards” (Cringely, “I, Cringely . The Pulpit . Tactics Versus Strategy | PBS,”  I, Cringely, 2 Sept. 1999, www.pbs.org/cringely/pulpit/1999/pulpit_19990902_000622.html

¶ 42 Leave a comment on paragraph 42 0 42. “The question is not whether Mr. Gates can strain to see even further―the evidence so far suggests not―but whether his skill at making money in the slipstream of other people’s technological vision will serve him as well in the next decade as it has for the past two” (“I Have a Dream,” The Economist, 25 Nov. 1995, 65).

¶ 43 Leave a comment on paragraph 43 0 43.  Hauben, Hauben, and Truscott, Netizens, x.

¶ 44 Leave a comment on paragraph 44 0 44. Ibid., 265.

¶ 45 Leave a comment on paragraph 45 0 45. See “Linux,” Wikipedia en.wikipedia.org/wiki/Linux, and Glyn Moody, Rebel Code: Linux and the Open Source Revolution (Basic Books, 2002), 190–91. Also see Michael Tiemann, “History of the OSI | Open Source Initiative,” www.opensource.org/history.

¶ 46 Leave a comment on paragraph 46 0 46. According to Tiemann, “The immediate chain of events that was to lead to the formation of OSI began with the publication of Eric Raymond’s paper The Cathedral and the Bazaar in 1997″ (Tiemann, “History of the OSI | Open Source Initiative”).

¶ 47 Leave a comment on paragraph 47 0 47. “The ‘utility function’ Linux hackers are maximizing is not classically economic but is the intangible of their own ego satisfaction and reputation among other hackers. (One may call their motivation altruistic’, but this ignores the fact that altruism is itself a form of ego satisfaction for the altruist). Voluntary cultures that work this way are not actually uncommon; one other in which I have long participated is science fiction fandom, which unlike hackerdom explicitly recognizes `egoboo’ (the enhancement of one’s reputation among other fans) as the basic drive behind volunteer activity”.(Raymond, “The Cathedral and the Bazaar.”)

¶ 48 Leave a comment on paragraph 48 0 48. See William C. Taylor, “Inspired by Work,” Fast Company, 29, (Oct. 1999), 200.

¶ 49 Leave a comment on paragraph 49 0 49. Several more of these aphorisms refer to internal states: “4. If you have the right attitude, interesting problems will find you,” for example, and “18. To solve an interesting problem, start by finding a problem that is interesting to you.”

¶ 50 Leave a comment on paragraph 50 0 50. The piece does in various ways acknowledge and elaborate the obvious values of cooperation and sharing and thus has to somehow distance itself from the more simplistic forms of romantic individualism. But the idea of creativity is still very much heroic and Promethean. Consider this passage: “The only way to try for ideas like that is by having lots of ideas―or by having the engineering judgment to take other peoples’ good ideas beyond where the originators thought they could go. . . . Andrew Tanenbaum had the original idea to build a simple native Unix for the 386, for use as a teaching tool. Linus Torvalds pushed the Minix concept further than Andrew probably thought it could go — and it grew into something wonderful. In the same way (though on a smaller scale), I took some ideas by Carl Harris and Harry Hochheiser and pushed them hard. Neither of us was ‘original’ in the romantic way people think is genius. But then, most science and engineering and software development isn’t done by original genius, hacker mythology to the contrary. The results were pretty heady stuff all the same―in fact, just the kind of success every hacker lives for! And they meant I would have to set my standards even higher.” [Raymond, “The Cathedral and the Bazaar”]

¶ 51 Leave a comment on paragraph 51 0 51. See en.wikipedia.org/wiki/Usage_share_of_web_browsers. Also John Borland, “Browser Wars: High Price, Huge Rewards,” ZDNet News & Blogs, 15 Apr.  2003, news.zdnet.com/2100-3513_22-128738.html.

¶ 52 Leave a comment on paragraph 52 0 52. See Tiemann, “History of the OSI/Open Source Initiative.”

¶ 53 Leave a comment on paragraph 53 0 53. James Gattuso, “Latest C:\spin from the Competitive Enterprise Institute,” 8 Dec. 1998, www.politechbot.com/p-00120.html

¶ 54 Leave a comment on paragraph 54 0 54. See Graham Lea, “MS’ Ballmer: Linux Is Communism,” The Register, 31 July  2000, www.theregister.co.uk/2000/07/31/ms_ballmer_linux_is_communism/, and Michael Kanellos, “Gates Taking a Seat in Your Den–CNET News,” CNet News, 5 Jan. 2005, news.cnet.com/Gates-taking-a-seat-in-your-den/2008-1041_3-5514121.html

¶ 55 Leave a comment on paragraph 55 0 55. Daniel Lyons, “Software: Linux’s Hit Men,” Forbes, 14 Oct. 2003, www.forbes.com/2003/10/14/cz_dl_1014linksys.html

¶ 56 Leave a comment on paragraph 56 0 56. Esther Dyson, “FC: Re: Competitive Enterprise Institute Blasts Open-Source Software,” 9 Dec. 1998, www.politechbot.com/p-00128.html

¶ 57 Leave a comment on paragraph 57 0 57. See S. Adler, “The Slashdot Effect: An Analysis of Three Internet Publications,” Linux Gazette 38 (1999).

¶ 58 Leave a comment on paragraph 58 0 58. See Boyle, “Is Subjectivity Possible-The Post-Modern Subject in Legal Theory,” University of Colorado Law Review 62 (1991): 489.

¶ 59 Leave a comment on paragraph 59 0 59. See Boyle, “A Politics of Intellectual Property: Environmentalism for the Net?” Duke Law Journal 47, no. 1 (Oct. 1997): 87–116.

¶ 60 Leave a comment on paragraph 60 0 60. Lessig, Code and Other Laws of Cyberspace (Basic Books, 1999), 7–8.

¶ 61 Leave a comment on paragraph 61 0 61.  Lessig, “An Information Society: Free or Feudal?” The Cook Report on the Internet (Sept. 2003): 102–4.

¶ 62 Leave a comment on paragraph 62 0 62. Search conducted online on 10 Mar. 2008.

¶ 63 Leave a comment on paragraph 63 0 63. See Milton Mueller, “Info-Communisim? Ownership and Freedom in the Digital Economy,” First Monday 137 Apr. 2008, firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/viewArticle/2058/1956

¶ 64 Leave a comment on paragraph 64 0 64. See “Copyrights: A Radical Rethink,” The Economist, 23 Jan. 2003, www.economist.com/opinion/displayStory.cfm?story_id=1547223.

¶ 65 Leave a comment on paragraph 65 0 65. Nelson, “Welcome to Udanax.com: Enfiladic Hypertext,” www.udanax.com/.

¶ 66 Leave a comment on paragraph 66 0 66. Kevin Werbach, Open Spectrum: The New Wireless Paradigm, working paper, Spectrum Series (New America Foundation, 2002), werbach.com/docs/new_wireless_paradigm.htm.

¶ 67 Leave a comment on paragraph 67 0 67. See Micah L. Sifry, “The Rise of Open-Source Politics: Thanks to Web-Savvy Agitators, Insiderism and Elitism Are under Heavy Attack,” The Nation, 22 Nov. 2004.

¶ 68 Leave a comment on paragraph 68 0 68. See “Open Source Journalism,” Wikipedia, en.wikipedia.org/wiki/Open_source_journalism.

¶ 69 Leave a comment on paragraph 69 0 69. See Larry Rohter, “Gilberto Gil Hears the Future, Some Rights Reserved,” The New York Times, 11 Mar. 2007, www.nytimes.com/2007/03/11/arts/music/11roht.html?_r=1 and  “Brazilian Government Invests in Culture of Hip-Hop,” The New York Times, 14 Mar. 2007, www.nytimes.com/2007/03/14/arts/music/14gil.html

¶ 70 Leave a comment on paragraph 70 0 70. See Karl Polanyi, The Great Transformation (Beacon Press, 2001).

¶ 71 Leave a comment on paragraph 71 0 71. See Rose, “Property as the Keystone Right,” Notre Dame Law Review 71 (1995): 329–65.