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Standardization is one of – if not the – most important means of governance across borders and many articles on these blog deal with different aspects of standardization. But also beyond this blog there seems to be a growing scholarly interest in standardization, which is evidenced by the current issue of Organization Studies. Edited by Nils Brunsson, Andreas Rasche and David Seidl, the special issue on “The Dynamics of Standardization” features a series of very interesting studies, addressing issues from ISO certification over investment standards to corporate social responsibility.

And I am very happy that fellow guest blogger Sebastian Botzem and myself were able to contribute a paper to this special issue, entitled “Standardization Cycles: A Process Perspective on the Formation and Diffusion of Transnational Standards“. The abstract reads as follows:

Standards are receiving increasing attention, especially at the transnational level where standardization aims at coherence and social ordering beyond the nation-state. However, many attempts to bring about uniformity via formalized standards fail. To understand better how such rules successfully span national and organizational boundaries over time, we compare two cases of standardization in international business. Both Windows desktop software and International Accounting Standards demonstrate the need for a process perspective to understand and explain social ordering through standards. Long-lasting standardization processes require conceptualizing how different sequences of transnational standardization relate to each other. We find that at the core of such recursive cycles is the interplay of input and output legitimacy.

A pre-print version of the article is available at SSRN.

(leonhard)

In the series “algorithm regulation“, we discuss the implications of the growing importance of technological algorithms as a means of regulation in the digital realm. 

Google’s recent move to advertise its practice of removing search results that link to material that allegedly infringes copyrights (see “New Layer of Copyright Enforcement: Search“) demonstrates the importance of a web service’s back-end for issues such as free speech or (actual) enforcement levels in certain fields of regulation such as copyright. In his contribution to the “Social Media Reader” (2012, edited by Michael Mandiberg), Felix Stalder puts this insight into a broader context when reflecting on “the front and the back of the social web“. He criticizes the “overly utopian” picture of the new digital possibilites drawn by scholars such as Clay Shirky, author of “Here Comes Everybody“, which he attributes to “focusing primarily on the front-end” of web technologies:

The social web enables astonishingly effective, yet very lightly organized cooperative efforts on scales previously unimaginable. However, this is only half of the story, which plays out on the front end. We cannot understand it if we do not take the other half into account, which play out on the back-end. New institutional arrangements make these ad-hoc efforts possible in the first place. There is a shift in the location of the organizational intelligence, away from the individual organization towards the provider of the infrastructure. It is precisely because so much organizational capacity resides now in the infrastructure that individual projects do not need to (re)produce it and thus appear to be lightly organized. If we take the creation of voluntary communities and the provision of new infrastructures as the twin dimensions of the social web, we can see that the phenomenon as a whole is characterized by two contradictory dynamics. One is decentralized, ad-hoc, cheap, easy-to-use, community-oriented, and transparent. The other is centralized, based on long-term planning, very expensive, difficult-to-run, corporate, and opaque. If the personal blog symbolizes one side, the data-center represents the other.

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Recently Google announced an extension to its “Transparency Report“, which now also includes a section on requests to remove search results that link to material that allegedly infringes copyrights. Last month, Google processed 1,294,762 copyright removal requests by 1,109 reporting organizations, representing 1,325 copyright owners. The Figure below illustrates how the number of requests has increased between July 2011 to mid May 2012.

The growing number of removal requests points to the relevance of search technology as a means for copyright enforcement. Since for many Internet users what is not found by Google appears to be non-existent, removing search results from Google’s results lists is obviously a powerful tool for private copyright enforcement. However, several downsides are connected with such private copyright enforcement practices:

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In European regulatory discourse as well as copyright research, there is a debate whether the US Fair Use model is better suited to deal with innovation in general and digital challenges in particular than the European system of exceptions. It makes sens to discuss the state of the art of research on Fair Use in the US and what we can learn in Europe.

In the course of a visit in Europe, Pamela Samuelson from UC Berkeley Law School & School of Information gave an interesting talk about “Fair Use in Europe? Lessons from the US and Open Questions”. Her main message could be summarized in two points: First, flexible regulation such as the US Fair Use clause is better suited to rapid technological changes than the comparably static system of exceptions and limitations in European copyright. To illustrate this point, Samuelson mentioned several innovations such as scholarly data-mining in Google Book Search (Ngram Viewer)* or Brewster Kale’s “Wayback Machine” that would have been much more difficult to realize without the Fair Use exemption.

Second, Samuelson explicitly did not recommend to get rid of or avoid specific exceptions all together; rather, keeping limitations and exceptions that provide legal certainty would be desirable even when introducing some form of fair-use-like clause into the European copyright system.

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Let’s talk about Porn. According to Wikipedia, „[d]epictions of a sexual nature are as old as civilization“. And of course, paraphrasing Walter Benjamins famous essay, works of porn have changed in the age of mechanical reproduction. New means for (re-)producing works of art – printing press, photography, video, the Internet – have always and early on been used for producing and distributing pornographic works. And in the Internet age, porn has become more widespread than ever. Wondracek et al. (2010, PDF) report in their paper entitled “Is the Internet for Porn?” that 42,7% of all Internet users view pages with pornographic content. Also, popularity of peer-to-peer file-sharing technologies is connected to access to pornographic content (see Coopersmith 2006, PDF).

In spite of these well-known facts regarding the importance of pornography in the context of new copyright-related technologies, talking about the role of both producers and consumers of pornographic content in regulatory struggles is uncommon in journalistic and scholarly analyses alike. As a first step to acknowledging this role, I just want to list examples I can recall where porn producers and/or users have been influential in the field of copyright-related struggles: Read the rest of this entry »

In the academic world, the conflict between research institutions and publishers about the latter’s reluctance to embrace open access strategies has been looming for years. While the Internet makes distribution of research much cheaper and easier, subscription fees for the most important journals kept rising. Already in 2009, the MIT Faculty had unanimously adopted a university-wide Open Access rule (“Universities as Copyright Regulators: Power and Example“). In 2012, we can finally observe open battles on the issue.

Reading Room at Harvard (Faolin42, CC-BY)

After earlier this year more than 10.000 researchers had joined the boycott of Elsevier (see also “Elsevier Withdraws Support for Research Works Act, Continues Fight Against Open Access“), last week Harvard University issued an official “Memorandum on Journal Pricing“. After criticizing the “untenable situation” that “many large journal publishers have made the scholarly communication environment fiscally unsustainable and academically restrictive”, the memorandum suggests the following 9 points to faculty and students (F) and the Library (L): Read the rest of this entry »

Last weekend the board of the Wikimedia Foundation, the organization behind the free onlince encyclopedia Wikipedia, met in Berlin to decide on recommendations for restructuring (see “Wikimedia Governance: Showdown on the Board” and “Redrawing the Borders of Wikimedia Governance“). Three important things happened at and around the board meeting.

First, Wikimedia executive director Sue Gardner’s recommendation to centralize fundraising and funds dissemination was largely followed. Only four local Wikimedia chapter organizations – Germany, France, UK and Switzerland – will be allowed to process donations on their own when received via the main Wikimedia project pages such as Wikipedia language versions. A new funds dissemination committee (FDC) will decide on how the funds will be distributed and the whole process will be evaluated in 2015.

Second and probably more importantly, the Wikimedia foundation increases the diversity of potential models of affiliation, previously discussed under the label “movement roles”: Read the rest of this entry »

While the big win of the German Pirate Party in Berlin was big news, reported even by the New York Times (see also “Boarding Berlin“), yesterday’s win in the state of Saarland had already been expected and thus received less international attention. However, the success is remarkable. With 7,4 percent of the votes, the Pirate Party will receive twice as many seats in Saarland’s state parliament than the Greens. Even more importantly, the Saarland results refute two common explanations of the Berlin victory. First, the success in Berlin was no one shot wonder. Second, Pirates can also win in more rural areas outside of city states .

As a result, media commentators turned to another narrative, attributing the Pirate Party’s success mainly to collecting protest votes. I think this is wrong. While protest does play a role, several indicators suggest that this is not the dominant one.

Strong membership base: Fueled by local election successes, the German Pirate Party reports growing membership numbers all over the country (see Figure below). However, becoming a member can be interpreted as a sign of identification with an organization and differs from mere protest that is directed against the so-called “established parties”.

Membership trend of the German Pirate Party (Source: http://wiki.piratenpartei.de/Mitglieder)

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Earlier this year, Wikimedia executive director Sue Gardner proposed to centralize fundraising activities and to move beyond geography-based chapter associations as the primary means of organizing (see “Redrawing the Borders of Wikimedia Governance: Turning the Money Screw“). Her move has inspired severe criticism and respective responses by prominent chapter organizations such as Germany, Italy and several chapters of Spanish-speaking countries. Specifically Wikimedia Germany, the largest chapter in terms of both members and fundraising, invested heavily in a detailed counterproposal entitled “Wikimedia’s culture of sharing: Remarks on common goals, localized fundraising and global action“.

A good impression of the intensity and the front lines of this debate is provided by the comments on a blog post by Wikimedia board member Stu West, where he explained “Why [he] supported the Board letter on fundraising“. The discussion thread also nicely illustrates the challenge of transnational governance, when West is accused of being US-centric:

There is a world outside the U.S. where people act according to different standards and think and decide differently. Our movement has to pay tribute to this fact.

After two months of discussion, Gardner has recently presented a revised version of her recommendations and asked the Foundation’s board to decide on it. The most controversial clause of her initial proposal is still part of her final list of recommendations: Read the rest of this entry »

About one month ago, Fields Medalist Tim Gowers complained in a blog post about Elsevier’s publication practices, which inspired the mathematics PhD student Tyler Neylon to launch the campaign “The Cost of Knowledge“. The website makes three main accusations against Elsevier:

  1. They charge exorbitantly high prices for subscriptions to individual journals.
  2. In the light of these high prices, the only realistic option for many libraries is to agree to buy very large “bundles”, which will include many journals that those libraries do not actually want. Elsevier thus makes huge profits by exploiting the fact that some of their journals are essential.
  3. They support measures such as SOPA, PIPA and the Research Works Act, that aim to restrict the free exchange of information.

So far, 7434 researchers have signed a petition to publicly declare that they will not support any Elsevier journal unless they radically change how they operate. Most of the signers even specified that they  “won’t publish, won’t referee, and won’t do editorial work” for Elsevier any more. And Elsevier, one of the largest and most profitable publishing houses of the world, seems to begin to falter.

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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.
November 2026
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