Rosenmontagszug 2013_Köln_Zuckerhut Wagen

“Rose Monday” parade, Cologne 2013

Photo by courtesy of the author

Carnival, though celebrated in many places around the world, is a deeply local affair, a matter of local civic pride, including jokes about those who are not locals (in Cologne, such jokes are likely to be about the inhabitants of the nearby town of Düsseldorf). This year, however, Cologne, the capital of German carnival, themed its celebrations “Fastelovend em Blot, he un am Zuckerhot“ which in local dialect means „Carnival in our blood, here and at the Sugar Loaf Mountain“ – a reference to Rio de Janeiro, with whom Cologne was twinned in 2011. On the other side of the Atlantic, Unidos da Tijuca, one of the most successful samba schools in Rio de Janeiro, appeared as „Samba da Alemanha“ at the annual samba contest in the Sambodromo.

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Samba School Parade at the Sambodromo in Rio di Janeiro in 2012

Photo: Fotos_Gartis, Creative Commons  Attribution 2.0 Generic (CC BY 2.0)

Is carnival going cosmopolitan? Or has it never been as local as my Cologne experience made be believe? I think neither of the two is the case. From the 18th century onwards, civic localism was an essential part of modern carnival and still is today. What has changed, though, is the reach of the cosmopolitan outlook in which this localism is articulated.

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Inspired also by the series on algorithm regulation on this blog, I am currently working together with Claudia Müller-Birn on the issue of algorithmic governance in the case of Wikipedia. In the course of this research project, I stumbled upon the case of flagged revisions/sighted versions, which very nicely illustrates the concept of algorithmic governance.

With Wikipedia Germany taking the lead in 2006, some Wikipedia language versions introduced sighted versions of articles as a measure to secure against vandalism and improve article credibility. The concept is described in the English language Wikipedia as

a system whereby users who are not logged in may be presented with a different version of an article than users who are. Articles are validated that they are presentable and free from vandalism. The approved versions are known as Sighted versions. All logged-in users will continue to see and edit the most recent version of a page. Users who are not logged in will initially see the most recent sighted version, if there is one. If no version is sighted, they see the most recent one, as happens now. Users looking at a sighted version can still choose to view the most recent version and edit it.

Since its introduction in the German Wikipedia, the concept has evolved in a complex set of rules determining how Wikipedia edits are sighted. The core idea is that registered Wikipedia editors automatically receive the status as a passive or active “reviewer” depending on their respective editing history. Edits of a user with the status of a passive reviewer are automatically considered to be sighted; active reviewers have additional rights such as actively marking versions as sighted or removing the respective status.

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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 Logo

Raúl Ochoa, CC-BY-NC-ND

Today I stumbled via twitter upon the website “Google Algorithm Change History” that chronologically documents all changes of the core search algorithm publicly announced by Google. The most striking feature of the site is the sheer number of changes:

Each year, Google changes its search algorithm up to 500 – 600 times. While most of these changes are minor, every few months Google rolls out a “major” algorithmic update that affect search results in significant ways.

In other words, it does not make sense any more to speak of “the Google algorithm” because there is not an algorithm but there are algorithm-related practices. In line with the practice turn in contemporary social theory (see Schatzki et al. 2001) and similar to perspectives such as strategy-as-a-practice, we might require a practice perspective on algorithms to better understand how algorithm regulation works.

When looking at the frequent – not to say constant – changes in Google’s search algorithm, it also becomes obvious how misleading regular comparisons with the Coca-Cola formula such as the following in a Wall Street Journal blog are:

Google is very cagey about its search algorithm, which is as key to its success as Coke’s formula is to Coca-Cola.

The algorithm of Google search is not like a static formula and therefore it should not be treated as a trade-secret either. Actually, if the search algorithm where a mere formula, we would see much more competition in search. Google is practicing algorithmic search and it is these continuous changes, which mostly rest on access to unimaginably big data sets of search and usage practices, that are difficult to imitate for competitors.

With regard to the issue of algorithm regulation, a practice perspective sensitizes for phenomena such as regulatory drift. In a paper on transnational copyright regulation, Sigrid Quack and myself describe regulatory drift as “changes in meaning and interpretation, which result from continuous (re-)application of certain legal rules” (see also Ortmann 2010). In the context of algorithms, the term might refer to the sum of continuous revision and (seemingly) minor adaptation practices, which in the end lead to substantial and partly unintended changes in regulatory outcomes.

(leonhard)

Starting into our fifth year of blogging about governance across borders, I am pleased to continue the tradition of providing statistics on the foregoing year of blogging. For the first time we are able to present the top 5 countries our visitors came from, since our blog hosting provider wordpress.com has expanded its respective statistics features.

Top 5 blog posts 2012 (in terms of visitors):

  1. The State of IFRS in Africa: Is IFRS in Disarray?
  2. (Self-)Plagiarism in Academia and Architecture
  3. Securitization Revisited (1): Inside the shadow banking system
  4. Anonymous Attacks German Collecting Society GEMA*
  5. Transnational Ideas and Local Culture: Reading Sally Engle Merry’s Book on Human Rights and Gender Violence

* also #4 in the Top 5 of 2011

Top 5 search terms guiding visitors to our blog in 2012:

  1. Andhra Pradesh microfinance crisis (also #1 in 2011)
  2. anonymous (also #3 in 2011)
  3. wise cartoons
  4. china garment industry poverty
  5. cc

New: Top 5 countries our visitors came from in 2012:

  1. United States
  2. Germany
  3. India
  4. United Kingdom
  5. Canada

Top 5 tags attached to blog posts in 2012:

  1. transnational governance (4 out of 15 in 2012)
  2. copyright (4/20)
  3. Microfinance / Microcredit (4/42)
  4. IASB (3/6)
  5. Germany (3/10)

Top series in 2012:

  1. Algorithm Regulation (3 out of 3 posts in 2012)
  2. 10 Years of Creative Commons (3/3)
  3. Bordercrossing Books (3/9)

In total we have published 53 new posts in 2012, continuing our long-time average of about one post per week, and have received 151 comments (including our own trackbacks to previous articles). The latter means that the number of comments is about 25% lower than last year, when we had counted 208 comments and trackbacks.

(leonhard)

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 »

The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
March 2026
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