Person:

Benkler, Yochai

Alice Randall, an African-American woman, was ordered by a government official not to publish her criticism of the romanticization of the Old South, at least not in the words she wanted to use. The official was not one of the many in Congress and the Administration who share a romantic view of the Confederacy. It was a federal judge in Atlanta who told Randall that she could not write her critique in the words she wanted to use?a judge enforcing copyright law. Randall is the author of a book called The Wind Done Gone. In it, she tells a story that takes off from Gone with the Wind from the perspective of Scarlet O'Hara's mulatto half-sister. In 2001, more than fifty years after Margaret Mitchell died, and years after the original copyright for the book would have expired under the law in effect when Mitchell wrote it, a federal district judge ordered Randall's publisher not to publish The Wind Done Gone. The Court of Appeals then overturned the injunction as a prior restraint.

For decades our common understanding of the organization of economic production has been that individuals order their productive activities in one of two ways: either as employees in firms, following the directions of managers, or as individuals in markets, following price signals. This dichotomy was first identified in the early work of Ronald Coase and was developed most explicitly in the work of institutional economist Oliver Williamson. Recently, public attention has focused on a fifteen-year-old phenomenon called free software or open source software. This phenomenon involves thousands, or even tens of thousands, of computer programmers who collaborate on large- and small-scale projects without traditional firm-based or market-based ownership of the resulting product. This Article explains why free software is only one example of a much broader social-economic phenomenon emerging in the digitally networked environment, a third mode of production that the author calls "commons-based peer production."

The Article begins by demonstrating the widespread use of commons-based peer production on the Internet through a number of detailed examples, such as Wikipedia, Slashdot, the Open Directory Project, and Google. The Article uses these examples to reveal fundamental characteristics of commons-based peer production that distinguish it from the property- and contract-based modes of firms and markets. The central distinguishing characteristic is that groups of individuals successfully collaborate on large-scale projects following a diverse cluster of motivational drives and social signals rather than market prices or managerial commands. The Article then explains why this mode has systematic advantages over markets and managerial hierarchies in the digitally networked environment when the object of production is information or culture. First, peer production has an advantage in what the author calls "information opportunity cost," because it loses less information about who might be the best person for a given job. Second, there are substantial increasing allocation gains to be captured from allowing large clusters of potential contributors to interact with large clusters of information resources in search of new projects and opportunities for collaboration. The Article concludes with an overview of how these models use a variety of technological, social, and formal strategies to overcome the collective action problems usually solved in managerial and market-based systems by property, contract, and managerial commands.

New communications technologies offer the potential to be used to promote fundamental values such as autonomy and democratic discourse, but, as Professor Yochai Benkler discusses in this Article, recent government actions have disfavored these possibilities by stressing private rights in information. He recommends that laws regulating the information economy be evaluated in terms of two effects: whether they empower one group to control the information environment of another group, and whether they reduce the diversity of perspectives communicated. Processor Benkler criticizes the nearly exclusive focus of information policy on property and commercial rights, which results in a concentrated system of production and homogenous information products. He suggests alternative policies that promote a commons in information, which would distribute information production more widely and permit a greater diversity of communications.

The U.S. government has begun to think of Anonymous, the online network phenomenon, as a threat to national security. This is the wrong approach. Seeing Anonymous primarily as a cybersecurity threat is like analyzing the breadth of the Vietnam antiwar movement and 1960s counterculture by focusing only on the Weathermen.

The world's fastest supercomputer and the second-largest commuter transportation system in the United States function on a resource- management model that is not well specified in contemporary economics. Both SETI@home, a distributed computing platform involving the computers of over four million volunteers, and carpooling, which accounts for roughly one-sixth of commuting trips in the United States, rely on social relations and an ethic of sharing, rather than on a price system, to mobilize and allocate resources. Yet they coexist with, and outperform, price-based and government-funded systems that offer substitutable functionality. Neither practice involves public goods, network goods, or any other currently defined category of economically "quirky" goods as either inputs or outputs. PCs and automobiles are privately owned, rival goods, with no obvious demand-side positive returns to scale when used for distributed computing or carpooling. The sharing practices that have evolved around them are not limited to tightly knit communities of repeat players who know each other well and interact across many contexts. They represent instances where social sharing is either utterly impersonal or occurs among loosely affiliated individuals who engage in social practices that involve contributions of the capacity of their private goods in patterns that combine to form large-scale and effective systems for provisioning goods, services, and resources.

In this article the author defines the structure of the information commons, its sustainability, and its importance for democracy and for individual freedom.