THE PROPER COPY

Abstract

Efforts to make (and keep) knowledge public have provided a powerful counter-model to the recent expansion of exclusive intellectual property rights in such arenas as information technology, digital media, biological research, and pharmaceutical access. While sympathetic to the impulse to counteract the new ‘enclosures’ with knowledge made public, this essay critically interrogates some of the constitutive limits – in fact, the constitutive outsides – to these counter formulations. Paying particular attention to how public domain initiatives, like their strict intellectual property counterparts, also police the line between the proper and the improper copy, I argue that mechanisms for keeping knowledge public do not just circle the wagons against the predations of the Monsantos and Microsofts of the world. In their rhetorical and normative commitments to the proper copy, they also risk reproducing some of the same constrictions and exclusions that we tend to associate with (privatized) acts of enclosure itself. I explore this argument first in reference to creative commons and copyright, which can reproduce a strong ideological commitment to improvement – ‘innovation’ or ‘creativity’ – against the mere copy. What is the cost, I ask, of making the idea of improvement the price of admission not just to intellectual property claims, but to participation in newly ‘democratic’ public and common spaces of knowledge production? Second, I look to global pharmaceutical politics – specifically, regulatory efforts to improve access to cheaper copied and generic drugs in Argentina – to raise questions about the public domain's normative place in the continued expansion and harmonization of intellectual property regimes in the so-called global South. Together, these discussions suggest how the public domain and the commons, like their IP counterparts, can rhetorically and normatively expand and be secured against the improper copy.

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