Introduction

In this paper I want to examine Moglen's argument regarding the way in which freedom emerges under the conditions of an internet society. I intend to engage with Moglen'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.

• I would prefer to be "Eben" than "Moglen" in this community, Tom. History will also be very impressed that you were on a first-name basis with me, even though you tried to reject my ideas.

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 Moglen has elaborated.

Anarchic production

- bring in Stark and heterarchy, Benkler and peer production

• I don't think you're going to succeed in starting an argument between Yochai and me, Tom. That's more likely to result in something like the Marshall McLuhan scene from Annie Hall. So far as Eli Noam is concerned, you will find it more interesting to look at Eli's bloviations over time, as he continues to try not to agree with me, but keeps edging closer to my positions under the pressure of the facts. You have, I understand, decided to impersonate the positions of outraged economic orthodoxy, which I welcome, but you will find the job is very much more difficult than you think. If I were you, I would listen for a couple more weeks before deciding what to write. Closing your mind at this stage is not even calculated to lead to the best closed-minded writing, let alone the best intellectual experience for you overall.

Proprietary production

- private ownership of intellectual property

Differences between the two modes of production

-

Contexts in which these modes work best

- Noam

- Moglen

Tendency for the anarchic mode to work more than in the past

- the consequences of zero marginal cost networks are that it is now significantly more effective than in the past

- in some situations it is more efficacious

- the lack of profitability in the production of goods but rather in the entrepreneurship of exploiting re-combinations (the "permanently beta" argument)

Conclusion

- necessary, but not sufficient conditions have been elaborated

-- TomGlaisyer - 18 Sep 2008

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