Culture War

31 Pages Posted: 7 Sep 2004

See all articles by Dan Hunter

Dan Hunter

Faculty of Law, QUT; ARC CoE for Automated Decision-Making and Society

Date Written: August 10, 2004

Abstract

Over the last ten years, much of copyright and patent has come under attack from those who suggest that capture by private interests has had a pernicious influence on public policy. In the related areas of telecommunication spectrum management and internet regulation there have emerged strong arguments for not allocating private property interests, and instead considering these domains as commons property. I suggest that, together, these developments form part of a culture war, a war over the means of production of creative content in our society. I argue that the best way to understand this war is to view it as a Marxist struggle. However, I suggest that copyright and patent reform - where commentators have actually been accused of Marxism - is not where the Marxist revolution is taking place. Instead I locate that revolution elsewhere, most notably in the rise of open source production and dissemination of cultural content.

Keywords: Cyberlaw, intellectual property, Marxism

Suggested Citation

Hunter, Dan, Culture War (August 10, 2004). Available at SSRN: https://ssrn.com/abstract=586463 or http://dx.doi.org/10.2139/ssrn.586463

Dan Hunter (Contact Author)

Faculty of Law, QUT ( email )

Level 4, C Block, Gardens Point
2 George St
Brisbane, QLD 4000
Australia

ARC CoE for Automated Decision-Making and Society ( email )

Brisbane, QLD 4000
Australia

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