Hi all,
I have been a lurker on this list for so long, but I am trying something
different for a change. I have been thinking a lot about Stable Diffusion
and free culture that I wrote down something. Its a rough draft, but I
can't help but think its deficits might lead to some constructive
discussion about the very types of problem I think this list tried to
address years ago.

Well here goes, if nothing else an end to lurking for a change.
There is no more free culture

Common Crawl captures the spirit of free culture. In its launch in 2011,
Lisa Green, director of the nonprofit 501(c)(3) organization, announced “It
is crucial [in] our information-based society that Web crawl data be open
and accessible to anyone who desires to utilize it”
<https://readwrite.com/common_crawl_foundation_announces_5_billion_page_w/>.
Carl Malamud, a 2022 Internet Archive Hero Award
<https://blog.archive.org/2022/10/19/2022-internet-archive-hero-award-carl-malamud/>,
serves on Common Crawl’s board further stressing Common Crawl’s roots in a
free culture movement embracing the internet as an information commons and
advocating for the protection of the public domain.

Strange then that Common Crawl is behind our intense moment of financial
speculation around artificial intelligence, the foundation of the
highly-concentrated market of AI firms. Common Crawl provides the training
data for the biggest names in AI today, Open AI’s GPT-3 and Stable
Diffusion. Its crawls of the internet, its efforts to make the Internet
available to anyone, have been embraced by an open source AI movement.

I want to focus on this paradox between free culture and commercial AI as
the later’s success marks the former’s diminish. If all that free culture
does is feed a new round of venture capitalism, an aggressive automation of
arts and culture, and a negation of digital life as anything other than
data, then free culture is no more. Just another cheap data source.

The decline has been a long time coming. Darin Barney, two decades ago,
warned that the Internet could become a standing reserve of bits, another
way of describing the mantra that data is the new oil. Barney’s warning was
to others a site of political struggle, to resist what we once called the
digital enclosures and to let the Internet become a third-way. Free culture
and free software were movements that joined technical and political
innovation. What has becoming striking after the commercialization of free
software as open source and the depoliticization of piracy is that now
Common Crawl marks the end of free culture as a viable tactic as well.


*What is Open Source AI*

Stable Diffusion and other “open source” AI movement restate the commons as
a business practice. The roots of the movement might just as well be seen
in the AI Commons movement <https://machineagencies.milieux.ca/ai-commons/>.
The AI Commons is a movement, part of AI4Good, but one that marked a clear
sense of how information commons and commercial AI could be completely
complimentary. The AI Commons marked an important shift in commercial
technology firms moving from private code to public code, from private data
to public data that in turn moved these idea from critique to opportunity.

That the commons could be a business model is at the core of the paradox
marking the demise of free culture. Where once free culture marked a
rebuttal of information feudalism
<https://thenewpress.com/books/information-feudalism> or what Rebecca
Giblin and Cory Doctorow call chokepoint capitalism
<https://www.penguinrandomhouse.com/books/710957/chokepoint-capitalism-by-cory-doctorow-and-rebecca-giblin/>,
what I find is that market valuations depend on free culture. From
Microsoft’s new Autopilot for GitHub that turns GPL and other free licenses
into training data to write new code to GPT-3 and Stable Diffusion that
rely on Common Crawls to create its text and image generation tools.

Openness and free culture have allowed and legitimated a new round of AI
start-ups claiming to be a continuation of the open source movement. Emad
Mostaque, the founder of Stability AI, explained how openness is behind the
ethics of Stable Diffusion to the New York Times, “Who is responsible for
AI? Who is responsible for the output of AI? And how can we make sure that
it’s open and positive? But I don’t think that happens if the only debate
that happens is behind closed doors and big technology companies.”
<https://www.nytimes.com/2022/10/21/podcasts/generative-ai-is-here-who-should-control-it.html>
By a strict reading of open source and the creative commons these companies
seem a success story.

Perhaps we might call this moment, optimistically, late-stage capitalist
Internet as an attempt for scholar to periodize early political approaches
to computing and to acknowledge a near total imbrication of technology and
capitalism at work online. The term for me is a response at least to Chris
Kelty’s reflections of the end of free software and open source as a mode
of politics. I have always been haunted by this line, “There is no free
software. And the problem it solved is yet with us”
<http://peerproduction.net/issues/issue-3-free-software-epistemics/debate/there-is-no-free-software/>.
Kelty’s conclusion remains an enduring provocation to reimagine, for me at
least, to reimagine the early pirate politics and free/libre software
movements undone by their internal politics but kinds of critiques we
remain in need of.

*After Free Culture? *

The paradox then becomes productive because we need to define what
specifically about open source AI negates free culture and what needs to be
done?

The immediate point, one well articulated in the The First Nations
Principles of OCAP <https://fnigc.ca/ocap-training/>, is that public and
open can be quite contradictory where openness negates the relations to the
community and the public. How immediately might companies using the commons
be held to account, not unlike how the GPL once expected code derived from
the commons to return to the commons.

There is another easy leap toward solidarity -- such as Google Walkouts
over Project Maven -- that reflects on AI’s applications. Where the Google
Walkouts demonstrated a refusal to work on military AI similiar movements
need to question why AI continues to be what Solon Barocas calls a
co-opting machine
<https://www.publicbooks.org/machine-learning-is-a-co-opting-machine/>. How
is it that the greatest advances in AI seemingly undermine creative labour,
one of the last fronts in an overall de-skilling of labours following Astra
Taylor’s precinct observations in the The People’s Platform
<https://en.wikipedia.org/wiki/The_People%27s_Platform>.

The commons itself is also increasingly contentious as an institution. Anna
Tsing’s latent commons or Fred Moten and Stefano Harney’s undercommons
question the very being of the commons as a stable form, or as a definite
space clearly at odds with the Creative Commons movement responsible for
Common Crawl. These critiques of the commons point at an advantage in
ambiguity, though I worry that the uneven application of copyright and the
law continues to advantage forms over others. Corporate piracy over peer
sharing as one immediate example.

These reactions, I think, help us to imagine what a public culture might be
after free culture’s demise. What remains, however, is to recapture that
productive engine of Kelty’s recursive publics that drive cryptocurrency
and web3 today in building other hyper-capitalist futures. If commons-based
peer production is a joke. If free culture is a ruse. What ways of doing
with technology remain? Just as Jackie Wang has productively re-read
theories of control through racial capitalism, I see a continued challenge
of reimagining democracy, addressing its historic exclusions, and colonial
underpinnings.

Perhaps as a final word I stay with Cristian Dunbar-Hester’s closing
sentence in Hacking Diversity. “A focus on technology itself... may be
confining to a social justice agenda. It might be possible to build more
democratic technology -- undoubtably, it is possible -- but at the same
time, democratic praxis should never be limited to a technological
imaginary” (p. 242). Therein, we might consider what was free culture as a
proxy for new prototypes of being, of citizenship that never succeed but
are still needed.
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