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Primitive Accumulation And Enclosure Of The Commons: Genetically Engineered Seeds And Canadian Jurisprudence, Wilhelm Peekhaus Oct 2011

Primitive Accumulation And Enclosure Of The Commons: Genetically Engineered Seeds And Canadian Jurisprudence, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper juxtaposes the legal decisions made in the case of Percy Schmeiser, who was sued by Monsanto for patent infringement, against the attempt by the Organic Agriculture Protection Fund to obtain class certification in its efforts to sue Monsanto and Bayer for genetic contamination of organic canola. Together these two cases establish an unacceptable incongruity at common law between the rights enjoyed by intellectual property owners and any corresponding duties that might attach to their inventions. I suggest that Marx’s concept of primitive accumulation offers a suitable theoretical register for apprehending contemporary erosions of the commons through the enclosure …


Commons / Commodity: Peer Production Caught In The Web Of The Commercial Market, Bingchun Meng, Fei Wu Jan 2011

Commons / Commodity: Peer Production Caught In The Web Of The Commercial Market, Bingchun Meng, Fei Wu

Philip F Wu

The development of digital technology and computer networks has enabled many kinds of online collaboration. This article examines Zimuzu, a Chinese case of online peer production, which provides an opportunity to extend our understanding of how the tensions between the commodity and commons production models are being articulated in an online setting. Using empirical evidence collected from face-to-face interviews, online posts and online ethnographic observation, our analysis demonstrates that there is constant negotiation over which aspects of the two seemingly opposing models will be adopted by the community. We argue that it is important to conceptualize the peer production process …