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The holiday season seems a good moment to explore the contradictory nature of Christmas as a holiday that has become nearly globally observed while at the same time still being considered deeply nationally entrenched in many countries. Take Germany, for example: Considered as the homeland of Weihnachtsstimmung (Christmas mood), Christmas trees and Christmas markets, few would doubt that there is something a like a really true deutsche Weihnacht. Across the Atlantic, Americans equally claim to have their American Christmas, which, by the way, is the only federal holiday in the United States with a religious connection. Yet, celebrating Christmas has also an inherent transcendental dimension that goes beyond national borders – no matter whether people observe it as a religious or secular holiday.

To better understand the contradictory global and national character of Christmas, it is useful to go back to the long 19th century in which the modern Christmas was re-invented in a series of developments. During this period, Christmas celebrations became increasingly linked to national sentiments but they were also shaped by a multitude of imagined cultural encounters and transfers between countries. Building on the abundant scholarly literature on the history of Christmas, this blog post aims to sketch some developments which had a lasting impact on modern Christmas as it is familiar to us today. In particular, it draws on the wonderfully detailed books of Joe Perry and Stephen Nissenbaum, as well as an article by Neil Amstrong (references see below).

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There is great ambiguity on the true representation of the ‘’adoption’’ of International Financial Reporting Standards (IFRS). What constitutes the ‘’adoption’’ of IFRS? At what point can a country, company or entity claim to have adopted IFRS? What is the best measure for IFRS adoption?

International diffusion literature and transnational governance literature provides insights as to the point of departure of how global norms are translated into local laws. It suggests that laws, norms, ideas or global regulations when diffusing turn to be reshaped and edited as they are transformed into local practices. To be exact, actors translate ideas, recombine new, externally given elements and old locally given ones to form local laws. Scholars in this arena argue that, in this context, never can we suggest that passive adoption of global standards has taken place. Yet, in many other contexts, actors at both the local level and the transnational level have tended to refer to such process as ‘adoption’ as opposed to a reflection of the variant of the law, idea or norm so implemented. In many cases, only portions of the diffused law or standards are implemented. Nevertheless, actors often refer to such as adoption as opposed to a modification of the diffused law. At other times, different actors refer to the modification of the diffused law as the adaptation of the law. This ambiguity so created has led to mixed results when looking into the idea of International Financial Reporting Standards.

In the global accountancy arena there have been several calls for the world to embrace the idea of a single global high quality accounting standard- thus IFRS. These calls have been stronger following the recent financial crisis as the world continues to pursue globalization strategies and capital flows across borders became even more pronounced. In this direction, accounting standard setters have been working to design high quality accounting standards that is applicable by nearly every country irrespective of the unique economic and cultural conditions that confront these entirely diverse countries and continents. These standards promulgated by the International Accounting Standards Board (IASB) has however, been applied in different ways than that put forth by the global accounting standard setter (IASB). In this blog entry, it is my aim to try to provide some lines of reasoning on the true meaning of IFRS adoption. I do not claim that this is the first of such arguments. However, it is my claim that global standard setters, local actors responsible for the implementation of IFRSs have often referred to entirely different versions of IFRSs when referring to IFRS adoption. If indeed IFRSs were adopted, we should expect a single version of the standard in all the jurisdictions that claim to have adopted the standards.

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The interview with Lawrence Lessig featured below was conducted by Markus Beckedahl and John Weitzmann, leaders of the German Creative Commons affiliate organizations in late September and transcribed by Christian Wöhrl. A German version was published yesterday at netzpolitik.org. We are pleased to to publish the English original of the interview and invite others to share it as long as they abide to the terms of the Creative Commons Attribution license.

Lawrence Lessig at ETech 2008

Lawrence Lessig (photo by By Ed Schipul, CC-BY-SA-2.0)

Maybe you’ve answered this question too many times, but why did you found Creative Commons?

Lawrence Lessig: Well, there’s a narrow reason which was that at the time we were litigating the Eldred vs. Ashcroft case, and Eric Eldred was skeptical about whether we could win that case. And he said that he wanted to make sure that out of that litigation wouldn’t just come a losing case at the Supreme Court but something that would be a more fundamental foundation to support what we’ve come to call Free Culture. So I began to think that was right and recognized, more importantly, that if we’re ever going to get real change that we would had to build the movement of understanding in people. That wasn’t going to come from the top down, it had to come from the bottom up. So a number of us began to talk about what was the way to craft such a movement and the idea of giving people a simple way to affirm that they don’t believe in either extreme of perfect control or no rights, and what’s the best way to do it. So that’s what launched Creative Commons.

So there were already several Open Content licenses. Why did you develop your own CC licenses and didn’t just support existing FSF licenses, for example? 

Lawrence Lessig: Well, there were two reasons. First, we thought we needed to have a more flexible and wider range of licenses. So that the, you know, like, the Free Document License is a particular version of a free license that might not be appropriate for all kinds of material – number one. But number two, we thought it was really important to understand your own licenses; it was very important to begin to embed an architecture that could be, number one, human-readable, understandable, and, number two, machine-readable, and, number three, at the very bottom, legally enforceable. And none of the other licensing structures that were out there were thinking of this particular mode of policy making, to have to speak three languages at the same time. So that’s what led us to architect this initially.

And it was our commitment from the very beginning, and, you know, we achieved this with the Free Document License and we’re still talking about this with the Free Art License to enable interoperability or portability between free licenses. So our idea was eventually that it didn’t matter which of the free licenses you were in as long as you could move into the equivalent free license that would be CC compatible.

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Creative Commons’ birthday party week is hardly over and the organization responsible for the most common open content licenses is back to its core business: acting as a license steward. As reported repeatedly on this blog (e.g. “Discussing the NC Module“), the NonCommercial (NC) license module has attracted a substantial amount of criticism over the years. The suggestions with regard to the NC module range from fundamental such as to get rid of the module entirely (e.g. by the Students for Free Cutlture) to moderate such as clarify the meaning of the NC clause.

In his most recent statement on the issue, Creative Commons’ Timothy Vollmer indicates that in addition to some uncontroversial suggestions  changing the name of “NonCommercial” to “Commercial Rights Reserved” is on the table:

This last point warrants a specific mention here, as it would be a big (and potentially sensitive) change to the branding of the Creative Commons NonCommercial licenses. This proposal is for a simple renaming of the “NonCommercial” license element to “Commercial Rights Reserved,” without any change in the definition of what it covers. Renaming it to something that more accurately reflects the operation of the license may ensure that it is not unintentionally used by licensors who intend something different. For more information about the idea and rationale behind this proposal, please see the CC wiki page on the topic.

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The organization Creative Commons, which is responsible for the set of alternative copyright licenses of the same name, was officially founded exactly 10 years ago. Historic documents of meetings in the run-up to founding Creative Commons are still available online at Harvard’s Berkman Center for Internet & Society. At the official Creative Commons birthday party in Germany I had the honor to present some useless historical facts from this and other pre- and post-foundation documents. The slides of my talk are embedded below.

[Update]

A video of my German talk is now available at Vimeo.

(leonhard)

Finance: The Discreet RegulatorIsabelle Huault and Christelle Richard (eds.), 2012: Finance: The Discreet Regulator: How Financial Activities Shape and Transform the World. Basingstoke: Palgrave Macmillan.

The power of financial markets and financial actors over economies and societies is as hard to deny as it is to conclusively prove. From subprime mortgages to Greek debts to microloans, different people and different sectors all feel it in their own ways. “Financialisation” (Epstein, Krippner), “finance-led growth regime” (Boyer), “financial market capitalism” (Windolf) represent only some of the attempts to come to grips with this sea change; but none have provided decisive answers as to the “why” and “how”.

A new book proposes seeing finance (in the tradition of the French “Régulation School”) as a type of regulator – a subtle, insidious one. “Finance: The Discreet Regulator: How Financial Activities Shape and Transform the World” collects perspectives on how “financial markets are the seat of regulatory processes initiated and developed by core-capitalist financial institutions such as banks and audit firms”. Read the rest of this entry »

This is a shortened and slightly altered English version of a German blog post at netzpolitik.org.

The video “Gangnam Style” by the Korean rapper Psy is now the most-watched YouTube clip ever with about 870 million views and counting. And while the official version is blocked in the German YouTube version due to the ongoing copyright struggle between YouTube and the German collecting society GEMA (see “Cracks in the Content Coalition“), there are some unblocked copies available at YouTube, as well; besides, browser extensions such as YouTube Unblocker allow watching the original version even in Germany.

The viral success of Gangnam Style not only made Psy world-famous but had also further consequences, as is documented on the Wikipedia page on the “Gangnam Style phenomenon“:

In 2012, the South Korean government announced that “Gangnam Style” had brought in $13.4 million to the country’s audio sector. […] The British multinational grocery and retailer Tesco reported that its total sales of Korean food had more than doubled as a result of the popularity of “Gangnam Style”.

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The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
December 2012
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All texts on governance across borders are licensed under a Creative Commons Attribution-Share Alike 3.0 Germany License.