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Since the beginning of 2017, over 60 large German universities and other research institutions lack access to journals published by scientific publishing giant Elsevier. Paradoxically, this escalation in the conflict between research institutions and Elsevier is actually a good thing. To a certain degree, the battle puts to test a great thought experiment provided by James Heathers last year. In his post he applied The Garbage Strike Test to the contemporary scientific publishing system:
What happens [when garbagemen just stop doing their job]? Almost immediately, massive stinking middens of rancid trash build up. Streets became partially inaccessible. Rats run rampant. Cities marinate in their own furious stink. Rocks are thrown at strike-breakers and scabs. Mayors call meetings.
In the end, garbagemen win in such struggles because they are (a) truly necessary, (b) on the right side of public opinion, and (c) something whose absence horrifies people utterly. If you apply this scenario to large academic publishers, assuming that they “suddenly refused anyone any access to any of their copyrighted materials at 9am tomorrow morning ”, the outcome would differ substantially: Read the rest of this entry »
I like recursivity in acronyms such as GNU, which stands for “GNU’s Not Unix”, and also in cartoons. A recent example for a recursive cartoon is featured below, addressing a great number of issues regularly debated around the alternative copyright licensing standard Creative Commons. The author of the work is Patrick Hochstenbach, a comic artist, programmer, and digital architect at University of Ghent libraries. You can also find his work on Instagram and Twitter.

Patrick Hochstenbach, CC-BY-SA
The 33rd EGOS Colloquium will take place from July 6–8, 2017 in Copenhagen, Denmark, and together with Georg von Krogh (ETH Zürich) and Richard Whittington (Oxford University) I will be convenor of sub-theme 50 on “Open Strategy: Practices, Perspectives and Problems“. The sub-theme will pick-up threads of discussion from a previous EGOS subtheme on “Open Organizations for an Open Society?” held in 2015 in Athens. Please find the Call for Short Papers below, submission deadline is January 9, 2017:
Many organizations in public, private and non-for-profit sectors are becoming more transparent about their strategies, while also including a wider range of actors in strategy development. These moves involve a variety of strategy practices, for example strategy jamming (Bjelland & Wood, 2008), strategy crowdsourcing (Stieger et al., 2012), strategy blogs and wikis (Dobusch & Kapeller, 2013) or strategy simulations in online games (Aten & Thomas, 2016). Although involving many different practices, this phenomenon has been described most comprehensively as ‘open strategy’ (Chesbrough & Appleyard, 2007; Whittington et al., 2011).
Building upon these studies, recent works on open strategy have begun to look at open strategy from an increasing variety of perspectives such as impression management (Whittington et al., 2016), middle-management inclusion in strategy-making (Wolf et al., 2014) or the inter-organizational explorations of strategic issues (Werle & Seidl, 2015). However, systematic cross-fertilization between the emerging open strategy literature and other areas and concepts of organizational openness are still rare. Read the rest of this entry »
Fueled by new digital technologies and by the perceived success of concepts such as ‘open innovation’, we can observe a growing interest in open forms of organizing more generally both among practitioners as well as among organization scholars (see also the wiki-based course on the matter). One such new field representing the interest in organizational openness is the realm of strategy research under the label of ‘Open Strategy’. The recently launched online community platform ‘Open Strategy Network‘ tries to connect and foster exchange among scholars interested in this emerging phenomenon.
At the end of March I was invited speaker at a workshop on “Balancing Intellectual Property Claims and the Freedom of Art and Communication” at Bielefeld University’s Center for Interdisciplinary Research (ZiF). My talk was mainly based upon thoughts sketched out in two posts from the series on “Algorithm Regulation” on this blog:
- Algorithm Regulation #9: YouTube and the Comeback of Copyright Registration
- Algorithm Regulation #10: YouTube as a Transnational Rights Clearing Center
Please find a video auf my talk and the respective slideshare embedded below:
Slides:
(leonhard)
On February 1st I joined the Department of Organization and Learning at University of Innsbruck as a professor of business administration with a focus on organization. One of the most challenging and, at the same time, tempting tasks as a newly appointed professor is the opportunity to design at least some new courses from scratch. In particular, I was so lucky to being offered to teach the module on “Current Issues in Organization Studies”, which allowed me to design a course I have been wanting to give for a long time: “Open Organizations and Organizing Openness“.
The overall rationale for the structure of the course follows the imperative formulated by Tkacz (2012: 404, PDF) in his “critique of open politics”:
To describe the political organisation of all things open requires leaving the rhetoric of open behind.
As a consequence, the lecture part of the course is organized around different aspects or dimensions of organizational openness such as boundaries, transparency, participation or emergence. The respective readings only peripherally address the issue of openness but rather shall provide the building blocks for arriving at a more precise and theoretically grounded understanding of openness. Read the rest of this entry »
The dreadful state of copyright law in the digital age can be nicely illustrated by a thought experiment.* If one thinks back to 1980, it is hard to imagine how one could have committed a copyright violation with a book, an LP or a reel of film. Lending the book to a friend, duplicating parts – or even the whole book – on a photocopier, or staging a reading were all possible without clarifying rights. While copyright was already a complex matter at that time, until the internet it played little role in most people’s everyday lives.

Cover of the reader on “The Digital Society” by the Friedrich-Ebert-Foundation
Today everything is different. Anyone who uses a smartphone to video everyday experiences and share them with friends in a personal blog will hardly be able to avoid violating copyright. A couple of seconds of music or a poster in the background will suffice if “making publicly available” in the internet violates copyright. Many of the most creative digital artforms, such as remix and mashup, are almost impossible to disseminate by legal means, still less to commercialise. The use of even the briefest music or video sequence must be legally clarified, and in most cases this is much too complicated and expensive. Libraries, museums and archives battle with similar problems, preventing them from digitising their holdings.
Introducing a Right to Remix?
Apart from shorter copyright periods, there would be two other sensible approaches to solving this problem. Firstly, a European harmonisation and expansion of the catalogue of copyright limitations and exceptions would be sensible. The introduction of a de minimis or remix exemption modelled on the fair use clause in US copyright, combined with the forms of flat-fee reimbursement established in Europe, would enable new forms of recreational and remix creativity. Even for commercial publication of remixes and mashups all that would be required is to notify the relevant copyright collecting society (as is already the case for cover versions), in place of the complicated and expensive process of clarifying rights. Secondly, the establishment of a European register of works would simplify clarification of rights and restrict ongoing copyright protection (after an initial period) to cases where works are in fact still in commercial circulation.
Blogging about organizational strategy and even using blogs as a strategy-making device is an increasingly common practice among (not only) young firms. For instance, in a paper* co-authored with Thomas Gegenhuber, we analyze strategy blogging as an open strategy practice that increases transparency of and involvement in strategy making, while at the same time adding to the corporate impression management repertoire.
Consequentially, it comes at no surprise that non-profit organizations such as Creative Commons, which heavily rely on external communities such as different groups of license users, also engage in strategy blogging. Ryan Merkley, CEO of Creative Commons, started the series of strategy posts with general reflections on sharing, followed by suggestions for the overall mission and role of Creative Commons in his second post:
CC must recognize its various roles in a variety of diverse and active communities. We provide essential infrastructure for the Web, and are vital contributors and leaders in these global movements. The opportunity to realize the benefits of openness will come from showing how “open” is uniquely able to solve the challenges of our time. Our role is not just as providers of tools, but also as strategic partners, advocates, influencers, and supporters to quantify, evangelize, and demonstrate the benefits of open.
Only after announcing that Creative Commons had received a $10 million grant from the The William and Flora Hewlett Foundation to implement the new strategy, Merkley identified “three specific areas” that Creative Commons will focus on (emphasis in original: Read the rest of this entry »
Is it dangerous to take a public domain picture from Wikipedia and use it on your blog or print it on a T-shirt? Last week the COMMUNIA blog wrote about a copyright case in Germany where several users of public domain pictures received letters from the lawyers of Mannheim’s Reiss-Engelhorn museum. The letters demanded payment for the use of photos of public domain art works that had been uploaded to Wikipedia. The museum justifies this legal action by pointing to the costs of digitizing their artworks and the respective acquisition of some form of ancillary copyright protection for simple photographs (“Lichtbildschutz”, § 72 in the German copyright law). On Wikimedia Commons, the repository that hosts media for Wikipedia, there is already a separate category for “Images subject to Reiss Engelhorn lawsuit”.
Amongst the several recipients of the letters were not only Wikimedia Germany and the Wikimedia Foundation, but also the online radio station detektor.fm and the non-profit website “Musical&Co“, which features music-related articles authored by children for children. Read the rest of this entry »





