License proliferation – the development and use of different and incompatible licenses – has always been an issue in the field of open content licensing. As in any process of standardization, the utility of a certain standard depends on its diffusion. Open content licensing regimes thus become a viable alternative to the prevalent all-rights-reserved copyright regime only insofar as a critical mass of works is licensed under compatible licensing standards.

In the field of free/open source software the GNU General Public Licens (GPL) has more and more become the de-facto standard. The Black Duck Open Source Resource Center reports that about 65 percent of all software packages released under free software/open source licenses use the GPL or one of its deratives.

One of the two major innovations* brought by Creative Commons to the realm of open content licensing was the modularity of its licenses: probably inspired by libertarian ideals of maximizing individual choice (see Elkin-Koren 2005), Creative Commons allows combining different license modules such as “share-alike” or “non-commercial” (see also “Iconic Standards: Regulating and Signaling“) and thus ends up with actuall 6 different and partially incompatible licenses. Initially, Creative Commons had even allowed five more combinations and developed several special purpose licenses such as the “Sampling licenses” or the short-lived “Developing Nations License”. Recognizing that this increase of license choice led to a fragmentation instead of a maximization of the aspired commons of digital works, Creative Commons now struggles to solve a problem it partially helped to create in the first place. Read the rest of this entry »

Interregionalism  – multi-lateral meetings between different regions – has become an important aspect of governing global economic, financial and political issues. One such interregional exchange is the Asia-Europe Meeting, (ASEM). The 8th meeting just has been taking place in Brussels 5th-6th of October. ASEM is an informal dialogue bringing together Heads of Governments of the 27 EU Member States and 16 Asian countries, the European Commission and the ASEAN Secretariat.

The first ASEM meeting took place in Bangkok in 1996 in order to foster economic development and counterbalance the US influence in the Asian region. While these meetings are informal and non-binding, they are nevertheless aiming at strengthening economic and political relationships between countries. This year’s summit was dominated by the  financial and economic crisis. Under the heading ”More Effective Global Economic Governance” European and Asian officials agreed upon closer economic cooperation as well as financial coordination, and stressed the importance of sustainable growth and climate protection goals.

Such meetings – as international trade politics in general – suffers from the lack of democratic participation and support of citizens. Negotiations take place behind closed doors, the negotiation processes are intransparent and the parliaments are largely shut out of such processes. Consultative bodies and advisory committees are dominated by business interests or business affiliated lobbying groups.

As a response to the lack of transparency and democratic checks and balances, unions and NGOs found counter summit, the Asia-Europe People’s Forum (ASEF) where labor unions and social movements across Asia and Europe expressed their concerns about marketization and demanded  a “social and market regulatory dimension” of trade negotiations.

But in how far does challenging this global economic governance institution contribute to any kind of change?

At first sight it looks like a success story: Labor, environmental and human rights issues play a promomient role in the final ASEM declaration and the ASEM leaders promised a people-to-people approach. But the disappointment about the discrepancies between words and action is huge.

Read the rest of this entry »

I’ve recently been reading through the thought-provoking  (albeit somewhat attention-grabbingly titled) book Participation: The New Tyranny?. The authors from a broad range of disciplinary backgrounds take on the paradigm of participatory development from various angles, from failing to account for local power asymmetries and élite capture, to the technicalist perfunctory nature of many participation processes.

Part of Bill Cooke’s chapter entitled “The Social Psychological Limits of Participation?” caught my eye because of his consise elucidation of groupthink and its relation to development policy-making and practice, both at the transnational and the local level.

In a debate I had last month on this blog with David Roodman of CGD about Milford Bateman’s book, I levied what I thought was a rather strong charge against the (so-called, self-proclaimed) microfinance community: that its world-view is skewed and closed-off by mechanisms of groupthink. That was because I was trying to defend Milford Bateman’s argument against a misconception of  his critics, that he held a conspiracy theory of microfinance and neoliberalism. I begged to differ by explaining Bateman’s analysis of the microfinance community as a transnational epistemic community plagued by group-typical groupthink.

So I thought I’d put my allegation to a brief test here against Irving Janis‘ eight symptoms of groupthink as summed up by Bill Cooke:

Sypmptom 1: The illusion of invulnerability “An over-optimism about the power of the group and the lack of any real threat to the status quo.”

Read the rest of this entry »

Capitalism as a system transcends borders, and so does the latest capitalist crisis. Sometimes pictures tell a story better than words. A brilliant animated cartoon appeared this summer on youtube, illustrating a lecture by CUNY-based British social theorist David Harvey in which he outlines his explanation of the 2008-20xx economic crisis.

Harvey’s analysis of the structural politico-economic origins and mechanisms of the crisis is poignant. The witty animation brought to life by the RSA is a true delight, regardless of what one may think of his arguments. A certain part of Harvey’s narrative caught my eye in relation to microfinance (more below). But first, let me briefly recap his story (in an unduly simplified manner). Harvey says:

There are five common explanations of the crisis, all of which are somewhat true:

[1] It stems from human nature – predatory instincts, greed, etc.

[2] The regulators failed, therefore institutions need to be reconfigured.

[3] Everyone believed in a false theory – forget Hayek, return to Keynes!

[4] It has cultural origins – homeowning-obsessed Americans and lazy Greeks, your fault!

[5] It’s a failure of policy – too much regulation of the wrong sort.

Read the rest of this entry »

Before the Wikimedia Foundation was established as the organizational carrier for Wikipedia and its sister projects, the Wikipedia trademark as well as the server infrastructure had been owned by the start-up company bomis.com, which ran an ad-funded search engine mainly targeting a male audience. Wikimedia was founded over two years after Wikipeda and only after a substantial part of the Spanish Wikipedia community had started a Wikipedia-fork named “Enciclopedia Libre Universal” to prevent Bomis from including advertisments in Wikipedia. Bomis then handed on all Wikipedia-related intellectual property to Wikimedia.

In projects using open or free licensing standards such as Wikipedia (Creative Commons By-Share-Alike license) or Linux (Gnu General Public License)  a “fork” is always a (mostly: latent) option. In a way, the mere possibility of a fork should secure that an organizational carrier is attentive to the needs and positions of the community, whose contributions the project depends on. Of course, forking is also a way to resolve conflicts within communities, for example between sub-communities with different priorieties as the case of BSD Unix.

In the case of Wikimedia, choosing the organizational form of a non-profit foundatiofn allowed for community participation and tax-exempt donations (see “The Importance of Clear Boundaries for Community Participation“); but most of all it was a signal to the community of volunteer contributors that their content will not be exploited by a private enterprise. It is all about trust. Read the rest of this entry »

Milford Bateman’s book Why Doesn’t Microfinance Work? has generated heated discussion, with blows not always struck very far above the belt. Recently, I got involved by recapping and analysing several book reviews published on the web. I was critical of the tone and substance of David Roodman’s review (published on his blog, of which I remain a fan, notwithstanding), because I felt it attacked the person more than the argument, and it didn’t engage with Bateman’s overall point that microfinance is politically useful while economically questionnable.

David Roodman has responded to this challenge in a more elegant and eloquent piece than his original review. Some allegations against Bateman’s writing have been clarified, new ones have appeared. I think Roodman is still off with his accusations of “sloppy thinking” and “extremism”. I would still like to see Roodman engage with Bateman’s overall argument.

Most of the criticisms launched against the book (by diverse authors) have validity; however, I would urge those who dislike the work to beware the trap of accusing Bateman of what they see him as accusing others of, namely malignance. In plainer English: try to measure the book and your reaction by the same standard.

Here are my (less brief than intended) responses to what I see as David Roodman’s main points:

Read the rest of this entry »

Prior to a seminar I hosted at the MPIfG in July with Milford Bateman, I published a review of his book Why Doesn’t Microfinance Work? (reproduced by several other sites). When the book was released this summer, it sold out its first print run within four weeks. It was the basis for an article (with a great cartoon) in the Dutch daily De Pers. It introduced a wider audience to the fundamental doubts surrounding microfinance. It also seems to have made Milford Bateman a fair share of enemies.

My review was resoundingly positive, since I felt that the book expressed growing concerns about microfinance’s impacts and legitimacy with great clarity and poignancy. What astonishes me is the type of criticism and hostility which has greeted the book. While the book sparked some general neutral publicity, the in-depth reviews ranged from cautious praise for raising important questions to heavy-handed attacks on Bateman’s academic integrity.

Some recent reviews:

negative
David Roodman @ cgdev: “I am allergic to (as I perceive it) sloppy thinking …Bateman’s passion seems to lead him to select and distort evidence. I find it hard to fully engage with a piece of analysis in which the conclusions so seem to drive the evidence … I don’t think you need to read this book.”
Liz Blase @ wokai: “We urge that readers not fall prey to Bateman’s infatuation with short-term profits.” (??)
positive
Duncan Green @ oxfam: “A passionate polemic that takes on a development shibboleth – sometimes it feels as though doubting microfinance is as heretical as criticising Nelson Mandela. But Bateman does so.”
Phil @ this blog: “The first book critical book capable of crossing the border between academia and the lay world … The proverbial ‘book’ on why (this) microfinance is not an adequate response to poverty.”
in between
Malcolm Harper @ microfinance focus: “Few readers will agree with everything in it, and most will be irritated by some of it. All of us, however, should think carefully about what Bateman writes.
H-D Seibel: “There is nothing subtle about Bateman’s arguments… The one thing that concerned me was him framing his argument as a war of ideologies… Despite my reservations, Bateman’s book is a must read.” (published on devfinance)
Fehmeen @ microfinance hub: “While some welcome this opportunity to re-think the basic microfinance model, others deem some of his claims exaggerated… We think this book is a worthy effort.”

To me, the intensity of the reactions to Bateman’s book is a gauge for measuring just how worried many in the development industry have become about their poster child. I get the impression that a systematic critique of microfinance touches highly sensitive nerves with many researchers and industry insiders, whose reaction is to challenge the person rather than the argument. Read the rest of this entry »

Governance across borders is all about building and/or changing institutions in a transnational realm. In this regard, existing institutions often turn out to be not so rigid or firm after all. The cartoon below, taken with permission of the author Winston Rowntree from a larger piece at viruscomix.com (via), hits the nail on the head:Institutions how they appear and how they areIn the context of copyright as an institution, I like to think of the large monster’s feet representing international copyright treaties such as WTO’s TRIPS Agreement or the WIPO Internet Treaties, the small monster being Shawn Fanning, the programmer of Napster.

(leonhard)

When discussing national copyright legislation with lawyers, most discussions end relatively quickly with reference to the inherent necessities of international treaties. Legalize non-commercial file-sharing? In conflict with the Berne three-step test, which is included in the TRIPs Agreement, the WIPO Copyright Treaty, the EU Copyright Directive and the WIPO Performances and Phonograms Treaty (see also the Declaration on the Three-Step Test by the Max Planck Institute for Intellectual Property in Munich). Introduce a so-called cultural flat-rate (see also “Extending Private Copying Levies“)? Not in line with the Three-Step Test, either. Shorten copyright terms below the 50 year threshold? Impossible, at least for WTO member states, which have to abide to the TRIPs Agreement.

And there is, of course, some truth in the prevailing view that most aspects of copyright legislation are already mapped out by international law, leaving national legislatures with only little room for maneuver. Nevertheless, two recent and very antagonistic examples of national copyright reform efforts show that this national leeway is not so small after all.

In sharp contrast to European tendencies to increase scope and length of copyright protection, the Brazilian copyright reform proposal put forward by the governing Worker’s Party includes wide exceptions for non-profit educational uses, a reduction of the copyright term from 70 to 50 years, and it even flirts with the introduction of a cultural flat-rate (see vgrass; an English version of the proposal: PDF). One of the most striking clauses in the bill deals with circumvention of copy protection measures (so-called “DRM“), as is reported by Michael Geist:

Not only does the proposal permit circumvention for fair dealing and public domain purposes, but it establishes equivalent penalties for hindering or preventing the users from exercising their fair dealing rights.  In other words, the Brazilian proposals recognizes what the Supreme Court of Canada stated several years ago – over-protection is just as harmful as under-protection. Read the rest of this entry »

The impact of copyright regulation on economic development in general and innovation in particular is not the primary topic discussed in this blog, even though it is the issue that feeds most of the current conflicts about copyright regulation. In last week’s issue, the German magazine “Der Spiegel” published a feature entitled “Explosion of Knowledge” (German article). The article is more or less a synopsis of the comprehensive, two-volume and over 860 pages strong “Geschichte und Wesen des Urheberrechts” (“History and Essence of Copyright”) by Eckhard Höffner, historian based in Munich. Why does a general interest magazine like “Der Spiegel” feature a book on copyright in 19th century Germany? Obviously, the reason are implications for ongoing debates on copyright legislation and its impact on economic development, or, as stated in the article’s subheadline:

Has Germany’s industrial rise in the 19th century happened because the country did not have copyright?

Following Höffner, Wolfgang Menzel’s famous dictum of Germany as a nation of “poets and thinkers” (“Dichter und Denker“) did not so much refer to prominent German writers such as Goethe or Schiller, but rather to Germany as a whole. Compared to England, where the Statute of Anne had introduced the first “modern” copyright in 1710, 19th century Germany produced more books, written by more authors, distributed to more readers. In 1843 over 14.000 different titles – a majority being non-fiction books – were printed in Germany compared to only about 1.000 titles printed in England. The main reason, according to Höffner, was weak copyright enforcement due to Germany’s small-statism. 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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