The increasing number of collective open access deals either on the national level (e.g., Dutch open access deals) or between publishers and research institutions (e.g., agreement of the Max Planck Society with Springer) has some very practical consequences for scientific publishing processes. On a macro level, these deals make research strong countries and institutions stronger: their papers are better accessible worldwide with respective consequences for reception and citation counts.

But there are also consequences on the micro level. For example, in co-authored papers, the question of who acts as “corresponding author” suddenly becomes of utmost importance. Only if the corresponding author is situated at an institution with such an open access deal then an article will be immediately accessible to anyone worldwide. And it is the corresponding author who has to sign copyright forms on behalf of all the authors to “seal the deal”.

Publishers pushing for Non-Commercial Clause

What I have learnt only very recently is that publishers try to retain as much rights a possible even in cases where researchers are eligible for open access publication. SAGE Publications, for instance, tries to convince – if not force – authors to opt for a Creative Commons license with the restrictive non-commercial (NC) clause (full form as a PDF):

This is troublesome for a whole bunch of reasons: Read the rest of this entry »

Today I received a surprising and pleasant e-mail by Dirk Bezemer from University of Groningen in the Netherlands. He had come across the recently published article of Sebastian Botzem and myself on “Financialization as strategy: Accounting for inter-organizational value creation in the European real estate industry” (see also a summary of key points). And he not only read the paper but also chose to use it as a teaching case.

And I am very grateful that Dirk agreed to sharing his teaching questions on this blog (DOC/PDF), thereby effectively turning a research paper into a teaching case.

Read the rest of this entry »

On Tuesday, September 26, I was invited to speak at the Digital Europe Working Group of the Progressive Alliance of Socialists and Democrats (S&D) in the European Parliament on the issue of copyright reform. Current debates circle mostly around two new articles proposed by the European Commission. Article 11 proposes to introduce a new neighbouring right for press publishers, following the (so far mostly failed) examples of Germany and Spain. Article 13, in turn, wants platform owners to implement upload filters as a means of copyright enforcement, thereby undermining liability exceptions of the EU E-Commerce directive.

The key point I was trying to make was that targeting large platforms such as Google and Facebook with ever stricter copyright regulation won’t hurt them but rather their competition and anyone else. Even now we can observe that, due to its market power, Google was able to more or less write its own copyright rules for its video platform YouTube. Actually, this had also been necessary, given the misalignment between European copyright regulation and every day online practices based (e.g., creating and sharing user-generated content) upon new digital technologies.

As a consequence, YouTube effectively functions as a transnational rights clearing center and has brought back registration requirements to copyright law in action. However, rights clearing only works on YouTube’s proprietary platform and with remuneration rules negotiated between Google and rights holders; this further strengthens Youtube’s already dominant position in the market place Introducing an upload filter requirement would only further strengthen Google’s market position, making it even more difficult for rights holders to negotiate fair remuneration.

As a way forward, I proposed introducing harmonized and remunerated exceptions for remix and bagatelle uses instead. These would be practical not just for Google but also for anyone else and help to re-align copyright law in the books with copyright law in action.

Please find a video (slides and audio only) and my slides below: Read the rest of this entry »

Back in 2013 at the Academy of Management Annual Meeting in Orlando, Florida, Jakob Kapeller and I had received the prestigious Carolyn Dexter Best International Paper Award for an article comparing open strategy-making in the cases of Wikimedia and Creative Commons. Today, several rounds of revision later, we are proud to present the article “Open strategy-making with crowds and communities: Comparing Wikimedia and Creative Commons” being published in the journal Long Range Planning. The abstract of the paper reads as follows: Read the rest of this entry »

Sigrid, Markus and I have finally been able to publish another paper on the case of Creative Commons. In a longitudinal analysis we compare three embedded cases of transnational standard-setting: (1) license porting, (2) license versioning and (3) license interpretation. The article “Open to Feedback? Formal and Informal Recursivity in Creative Commons’ Transnational Standard-Setting” has been published in Global Policy and the abstract reads as follows:

In this article, we examine how non-membership organizations that claim stewardship over a transnational public or common good, such as the environmental or digital commons, develop combinations of formal and informal recursivity to develop and maintain regulatory conversations with their dispersed user communities. Based on a case study of Creative Commons, an organization that developed what have become the most widely used open licenses for digital content, we show how rhetorical openness to informal feedback from legitimacy communities in different sectors and countries can improve the feasibility and diffusion of standards. However, as long as the standard-setter’s methods of making decisions on the basis of such feedback remains opaque, its communities are likely to raise accountability demands for more extensive ex post justifications.

Read the rest of this entry »

grenfell_tower_283450659940429

Grenfell Tower symbolises how social housing across Europe has suffered under austerity and the new financial calculus of many local governments (Image: ChiralJon, CC BY 2.0)

Guest post by Sebastian Möller

The crisis of housing in the UK became internationally apparent with the horrific Grenfell Tower fire in June 2017. British cities, London in particular, lack affordable homes, and the condition of the social housing stock in many local authorities at best leaves much to be desired, and at worst is hazardous for the health and life of residents. Grenfell is exemplary for the devastating state of social housing, reminiscent to some of the Victorian era, when Friedrich Engels wrote his impressive ethnography on the living conditions of workers in England. Read the rest of this entry »

The paper “Financialization as strategy: Accounting for inter-organizational value creation in the European real estate industry”, co-authored with Sebastian Botzem and published in Accounting, Organizations and Society, investigates an in-depth case study of a European real estate firm and its transnational relations with professional service firms, which together enable and drive a financialized business model. The key findings of our study can be summarized as follows:

  • Financialized business models, which are based upon and tailor-made to suit financial market logics, emerge in tight collaboration between real estate firms and professional service firms such as auditors, (investment) banks, notaries, attorneys and realtors, each of which profits from rising real estate prices. Because rising prices allow revaluating and refinancing earlier assets acquisitions, providing the firm with additional funds for further acquisitions without the need to selling real estate.
  • Management and structuring fees are key for the functioning and also the danger of financialized business models, which depend on rising price levels in real estate. Most of the fees are paid out to the various actors involved in real estate transactions already at the time the loans are awarded. Contrary to interest payments, which are distributed over the whole loan period, management and structuring fees increase profits – and thus also bonus payments – already in the year a transaction is made.
  • Fees not only allow premature distribution of unrealized profits but also transfer of profits into offshore tax havens: structuring fees are calculated as (tax deductible) onshore expenses and distributed as (nearly tax-exempt) offshore profits.

The full text of the article is available at the journal’s website. Please send me an e-mail in case you are interested but your institution does not provide access to the journal.

This is a slightly adapted crosspost from the osconjunction blog.

(leonhard)

On June the 9th 2016, More than 12,000 workers from different Yangon factories were protesting in Hlaing Tharyar township against low wages, forced and unpaid overtime, and the firing of organized workers. They were also protesting against the employers’ ignorance against the decisions made by the Dispute Settlement Arbitration Council.

With the introduction of the new labour law and the democratic opening in Myanmar since 2011, workers increasingly articulate inhumane working conditions and labour disputes are rising. Trade unions play a crucial role in helping workers formulating and articulating their complaints. Claiming rights is an important driver for democratic change in a political environment which was characterized by brutal repression of trade unions and labour rights under the military regime for over 50 years. This article discusses the link between trade union’s role in the interpretation, spread, and application of the labour law and the current model of worker organizing. Unions are important vehicles combining legal institution building and democratization trough worker participation. This is important in a context where the labour law, a key pillar in Myanmar’s transition to democracy, is not coherent and the same concepts and words have different meanings to different actors. Today, a multitude of actors, including lawyers, firms, international organizations, the bureaucracy, global and local trade unions, as well as social movements are involved in shaping the meaning of law. Thereby they contribute to the process of its codification.

This contribution shows that law and trade union building are tightly intertwined in Myanmar: Labour disputes have become a key driver for trade union organizing. I point out three ways through which trade union building is linked to labour disputes, shaping the meaning of law in due course: solving disputes through workplace negotiations, supporting dispute settlements through arbitration, and more fundamentally though the involvement of labour in the labour law reform process.

Overall, while trade unions are important for turning law into a social reality, considerable barriers remain leaving employers often disregarding decisions made by the arbitration council and other legal innovations. Read the rest of this entry »

Among those immediately affected by the Executive Order signed by President Trump to suspend entry into the United States of citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen are academics with plans to attend research conferences in the US. For instance, the most important conference in the field of management – the Academy of Management (AoM) Annual Meeting – is scheduled to take place in August 4-8, in Atlanta, Georgia, USA. Actually, the Annual Meeting has historically only been held in the US and in Canada.

Since papers for AoM Meeting had to be submitted by early January, several scholars whith accepted papers might not be able to attend the conference. Obviously, this would be an issue of great concern for any scholarly association. Accordingly, the AoM officials released a statement today on the subject matter:

Our members hold a range of views on the public policies that have recently been implemented. Many of you have expressed concern about travel to the Annual Meeting in Atlanta; many are interpreting the Executive Order as a direct attack on scholarship; and some are worried about the implication for pluralism on all sides of this issue. A number of you have asked the AOM to condemn the order as antithetical to scholarly values, academic freedom, and democratic processes. Yet because of our very diversity, the AOM has long had a binding policy that restricts any officer from taking a stand on any political issue in the name of the AOM.

Several of my colleagues have voiced strong opposition to such a “neutral” positioning of the AoM, mostly arguing that refusing to take a stance actually implies taking a stance. For instance, Guido Palazzo commented on Facebook:

Other scholarly associations in the social sciences decided to be more vocal on the issue. The statement by the American Sociological Association is all but neutral on the Executive Order:
Read the rest of this entry »

When Creative Commons published version 4.0 of its set of alternative copyright licenses in 2013, this represented a sea change. While previously a generic set of licenses had been legally adapted to different jurisdictions (“ported”), version 4.0 of the licenses was developed as a single globally applicable license standard. To a certain degree, a decade of laborious license porting helped to build an international network of legal professionals and a respective body of legal knowledge, which than enabled Creative Commons to abandon its porting strategy.

global_affiliates_map

More than three years after this “globalization” of Creative Commons’ licenses, the NGO strives to also globalizing its organizational structure. By March 24, 2017, the various communities of Creative Commons activists, lawyers and contributors may comment on a detailed proposal for an entirely new governance structure. The proposal is accompanied by several regional and a global “Faces of the Commons” reports and additional background information on the process that led to the proposal – a particular open form of strategy-making. Read the rest of this entry »

The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
December 2017
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