After Amazon had decided to give authors and publishers the ability to disable the text-to-speech function on any or all of their e-books available for the Kindle 2 (see “The Kindle Controversy: No Right to be a Reader?“), public protests were mostly directed at the US Authors Guild, which had demanded these changes. A “Reading Rights Coalition“, which represents people who cannot read print, even protested outside the Authors Guild headquarters in New York City at 31 East 32nd Street on April 7.

Yesterday, Richard M. Stallman, the founder and president of the Free Software Foundation, critized these protests on the public Access-to-Knowledge (A2K) mailing list as being “directed at the wrong target”. He would rather see Amazon in the focus of critique: Read the rest of this entry »

Recent copyright conflicts around Google Book Search (see a NYT article) and Google’s video platform YouTube (see another NYT article) independently of one another received a lot of media attention but have not been discussed jointly. This is surprising, not only because in both conflicts Google is under attack but also because both cases have several patterns in common:

First, Google Book Search and YouTube are both tools for making copyrighted material more easily accessible for users. Thereby, Google represents a new type of intermediary between creators and consumers, as they have repeatedly emerged alongside technological change. And as the example of radio broadcasting in the early 20th century demonstrates (see pp. 73ff. in Lessig 2001, PDF), the role and regulation of such new intermediaries is a highly contingent negotiation process. Read the rest of this entry »

In 2009, many received wisdoms of late capitalism are crumbling. To mention a few disappointments, which it didn’t take a telescope to see from a mile away,

  • No – we haven’t overcome the business cycle.
  • Sorry – China and India aren’t gonna drag us out of the recession.
  • Nope – deregulation doesn’t bring widespread prosperity.
  • Too bad – wealth doesn’t grow on trees or in banks or hedge funds.
  • Please – add your own favourite here: __________________________

A crisis is a moment in which illusions or expectations fall apart. In the Nigerian novel “Things Fall Apart”, the patriarchal protagonist Okonkwo confronts a world of changing values (colonialism, Christianity) in which he finds he has no leading role left to play. Rather than adapt to these circumstances, he takes his life.

This pessimistic example, however, doesn’t seem to apply to some international organisations in the current crisis. Rather, after years of seeming anachronistic, the World Bank, IMF, NATO and OECD are experiencing something of a revival – notable absentee: the UN.

According to classical (or vulgar?) institutional theory, institutions persist rather statically until some kind of “critical juncture” suddenly occurs, at which point they disappear or reinvent themselves (or are reinvented). As far as critical junctures go, they don’t get much bigger than the 2007 to 20xx? global capitalist crisis. Read the rest of this entry »

German daily newspaper Die Tageszeitung reported last week (Frauen sollen Krise lösen by Beate Willms, April 2 2009) the results of the seven-year study of the effects of the voluntary agreement of German companies to support employed women. Seeking to avoid governmental regulation, companies concluded the agreement in 2001. On behalf of the Federal Ministry of Family, Seniors, Women and Youth Affairs (das Bundesministerium für Familie, Senioren, Frauen und Jugend), the researchers of the German Institute for Economic Research (Deutsches Institut für Wirtscharsforschung, DIW) monitored the share of women in leading positions in the private sector between 2001 and 2007. The results are not particularly surprising. The share of women in leading positions did not change significantly: It increased from 26 to 31% between 2001 and 2006 but went down to 27% in 2007. 98% of positions in management board of 200 largest companies were still occupied by men in 2007. The share of women occupying positions in supervisory boards equaled 10% but the researchers explain it by the pressure form work councils and trade unions.

Although these findings are not directly relevant to the questions of cross-border governance, they made me think about several parallels to transnational private regulation. The findings raise the question of the effectiveness of business self-regulation, which has been one of the core issues in scholarly and policy debates on transnational private regulation. How effective are voluntary agreements and programs and how to improve their effectiveness? These are essentially empirical questions and there are no straight-forward answers. Read the rest of this entry »

It doesn’t happen very often that technical matters like accounting standards make it into the final declaration of a G20 summit, agreed by the heads of government of the world’s leading nations. Nevertheless, yesterday it happened (PDF). After deliberating for two days in the City of London about the appropriate means to cure the most severe worldwide financial crisis since 1929, the leaders of the G20 stated in their declaration on strengthening the financial system

We have agreed that the accounting standard setters should improve standards for the valuation of financial instruments based on their liquidity and investors’ holding horizons…. We also welcome the FSF recommendation on procyclicality that address accounting issues. We have agreed that accounting standard setters should take action by the end of 2009 to … (for more see PDF)

Why did something so mundane make it to the agenda of world politics? While it is certainly the merit of Nicolas Sarkozy’s populist threat to walk demonstratively out of the summit that made bloggers and newspaper writers wonder whether accounting standards could save the G20, the reasons for the G20 leaders dealing with “fair value” and “dynamic provision” are certainly more complex. Some, like David Zaring, also wonder whether the G20 summit produced more than just rhetoric. Read the rest of this entry »

Essentially, governance is about governing mechanisms which are not prescribed and implemented from a single direction only. Postsocialism (or postcommunism) is about distinct patterns of social, economic or political life in former socialist countries. I agree with the first term, I don’t agree with the second. In the following I will briefly coin my understanding of postsocialism and point to some questions that arise with the use of this term. Tales about socialist inheritance and governance is meant to be an unstructured discussion about the clash between the two realities, developed into several series, and opened to free debate.

The problem with postsocialism/postcommunism is that is hard to say when it started and when this “post-“ will end; is it a transition period? But transition towards what? Capitalism? What kind of capitalism? It is hard to provide a clear answer to these questions. For example postsocialism arguably began in the Czech Republic with the revolution of the Spring of 1968, or even in Octobre 1956 in Hungary and since then, civic activism grew constantly against Kádár up to the peak of 1989. But did why these revolutions ocurre so soon? Read the rest of this entry »

Even Karl Marx, who saw Capitalism as a production system governed essentially by inescapable laws, acknowledged the key role of special actors who made it their job to advertise the benefits of the market. The market, a political project, needs these people to create the “right” environment. Marx often called them “sycophants”, an ancient Greek word denoting servile persons who would flatter potentates, and even denounce their own peers, in order to garner favour.

Christoph Deutschmann’s fascinating new book, which analyses Capitalism as equivalent to a modern secular religion, also sees these actors performing an important function. He views many economists and business “experts” as performing for the market a role equivalent to that of priests in the Christian church – to interpret the signs given by the deity and to make predictions based on them.

Be they high priests or sycophants, the PR workers of global Capitalism (those who haven’t, at least temporarily, defected to the pro-government side, so long as it subsidises business) are getting in gear again – they literally have a world to lose. However, in this present crisis, neither the numbers, nor the facts, nor people’s everyday experience, really speak strongly for the priests’ side. So some turn to a rather “liberal” treatment of the facts.

Take for instance the statement that luxury goods are cheaper than ever thanks to mass-production. True. But most people in the world haven’t had much from this, while they are getting a taste of the flipside; the massive rise in grain prices over the past years is literally causing riots and civil wars in the South (Haiti, Sudan, Congo…).

Grain Prices

Yesterday’s special business section in the German broadsheet “Frankfurter Allgemeine Zeitung” (FAZ) opened with a bleeding-heart appeal for more faith in the market, based on the view that everything isn’t so bad after all. If Capitalism has served us so well for so long, why rebuke it just because of this crisis? Maybe we can bring out the sun simply by wearing sunglasses? Read the rest of this entry »

In the realm of transnational copyright regulation several struggles are fought in parallel: Stylized and simplified, these are Free/Open Source Software movement vs. the proprietary software industry, the free culture movement around Creative Commons vs. the established music and film industry, and, of course, there is the industry-spanning battle against “pirates”, sometimes even literally and in court (see Wikipedia on “The Pirate Bay trial”). For a long time the publishing industry in general and the field of scientific publishing in particular  seemed to be the only copyright field without open and severe conflict. While the former prevents both piracy and growth of the e-book market with strict digital rights management (see “The Kindle Controversy: No Right to be a Reader?”), in the latter Open Access initiatives for free and open availability of scientific publications – for example by the European Research Council (PDF-statement) or by the “Alliance of German Science Organisations” (English Version of its founding document), which includes the Max Planck Society and the German Research Foundation (DFG) – did not raise substantial public opposition.

At least for Germany, this description is yesterday’s news. A series of articles in German newspapers during the last weeks criticizing “expropriation” of authors by a sinister coalition of “Open Access” zealots and Google culminated in a petition called “Heidelberger Appell” (English Version). This petition was not only signed by numerous renowned researchers, publishers and authors but also inspired an immediate thunderstorm of reactions including a joint statement by the “Alliance of German Science Organisations” (for an extensive list of reactions in German see infobib.de; a concise overview of the genesis of the whole uproar is provided by Matthias Spielkamp at perlentaucher, quite readable in Google Englisch – now available in English at signandsight.com).

Without reproducing these extensive discussions here, I would like to mention just three reasons why I think the “Heidelberger Appell” misses the point: Read the rest of this entry »

The financial crisis is turning many things upside down. Nevertheless, it is amazing to see how the positions of key market actors on financial reporting standards have changed since the crisis started. While investment banks, accounting firms, regulators and governments in the heyday of financial market capitalism stood firmly together in unanimous and unfettered support of fair value accounting, this front has been collapsing.

In April 2008, Neue Züricher Zeitung reported Claude Bébéar, president of the French Insurance Group Axa, as saying that mark-to-market rules which require firms to value assets according to (hypothetical) market prices had contributed to the financial crisis. Henri de Castries, CEO of the same group, was quoted as referring to a “conceptual mistake” which had forced companies and banks to write down billions of assets. In September 2008, Newt Gingrich commented on Forbes.com “Suspend Mark-to-Market Now!”, quoting Brian S. Webury, chief economist at First Trust Portfolios of Chicago:

“It is true that the root of this crisis is bad mortgage loan, but probably 70% of the real crisis that we face today is caused by mark-to-market accounting in an illiquid market.”

With the financial crisis lingering on and politicians, regulators and banks still searching for solutions, debates on the pros and cons of mark-to-market accounting have perked up again during the last weeks.

On March 11, 2009, investor Warren Buffet admitted in an CBNC interview that mark-to-market had been “gasoline on the fire” while remarkably equivocally maintaining that Read the rest of this entry »

A few days ago, the MIT faculty unanimously adopted a university-wide OA mandate, which establishes as a default rule the obligation for MIT researchers to hand over a pre-print version of their scientific works for publishing it in an open access repository (see Open Access News). In a note on this decision, the chairman of the drafting committee Hal Abelson explains the context of this decision:

“Our resolution was closely modeled on similar ones passed last February by Harvard’s Faculty of Arts and Sciences and by the Harvard Law School, also passed by unanimous vote. Stanford’s School of Education did the same, as did Harvard’s Kennedy School of Government just last Monday.”

So, MIT’s step towards open access is an illustration of  both an example of elite universities’ regulatory power and of the power of their example. When MIT announced its Open Courseware program it was soon followed by hundreds of unversities all over the world, many of which joined the Open Courseware Consortium. But most of these universities followed the MIT example not only generally in making course materials openly availble but they also adopted MIT’s relatively restrictive Creative Commons license policy, namely an Attribution-Noncommercial-Share Alike license.

Today, people at Creative Commons’ subdivision “CCLearn” struggle with MIT’s historical license decision and try to convince educational institutions to adopt more open licenses such as Attribution-Share alike or mere Attribution to foster exchange and remix of open course materials. As I see it, there is a good deal of regulatory path dependence emerging in the domain of Open Access as well…

(leonhard)

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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