Journal of High Tech. Law review of A Hacker Manifesto

2004-11-15 Thread McKenzie Wark
A Hacker Manifesto
by McKenzie Wark Cambridge,
Massachusetts, Harvard University Press,
2004, Paper: ISBN 0-674-01543-6
(Price $21.95) pp. 208.
http://www.hup.harvard.edu/catalog/WARHAC.html

Reviewed by Kyle Bjornlund
Journal of High Technology Law
Suffolk University Law School
http://www.jhtl.org/bookreviews.html

As countless odd and interesting property
decisions demonstrate, significant resources
have been dedicated over the years to the
clarification of lines on a map, notes in a song,
or words in a sentence. Occasionally, a case or
movement appears that extends the bounds of
property ownership in a direction not yet seen
or understood.1 At present, a movement of such
significance is underway.

In A Hacker Manifesto, McKenzie
Wark discusses the impact of information
technology on the law, politics, and society.
Employing a critical theory-inspired vocabulary,
Wark’s Manifesto elucidates a contemporary
political movement in a quasi-Marxist
framework.  In the end, however, the appeal of
Wark’s Manifesto may well depend on how
the reader feels about Open Source theory and
the Free Software movement discussed below.2

Practically speaking, Wark’s discussion
of the interplay between social theory and
information technology is likely to intimidate.
Wark’s vocabulary is conceptual and
potentially incoherent to the uninitiated reader.
On the other hand, a reader familiar with recent
copyright, or copyleft, disputes is likely to
grasp and appreciate the depth of Wark’s
hacker philosophy. In any event, a brief primer
on both Open Source and Free Software is
likely to be beneficial for our discussion of
Wark’s Manifesto.

The Free Software movement, founded
by former software engineer Richard Stallman,
questions whether there is a natural right to
copyrights and other intellectual property
concepts. As a means of circumventing the
copyright mechanism, Stallman conceived of the
General Public License (GPL), which allows for
the free distribution of software covered by the
license.3   At the heart of the Free Software
movement is the ethic that software, and thus
information, should be freely accessible.4

Open Source, meanwhile, is distinguished
from the Free Software movement in that it
relates to the development and modification of
software.5 Proprietary software packages, like
Microsoft Windows, do not allow end users to
modify or customize code to meet the needs of
a particular operating system.  In contrast,
Open Source is nonproprietary and allows the
owner to modify code and customize the
operating system to their particular needs. Most
recently, litigation over the putative donation of
copyrighted code to an operating system
known as Linux resulted in a highly publicized
lawsuit between software manufacturer SCO
Group, Inc. and International Business
Machines.6

Although Wark only references Open
Source and Free Software in passing, the
underlying current in his Manifesto is that the
contemporary equivalent of a massive land-grab
is in progress throughout the United States and
around the world.  At issue, however, is not
land for farming or grazing, nor is it a property
interest in one’s own labor. Rather, Wark has
focused on the emergence of intellectual
property as a means of oppression.

According to Wark, a new ruling class
has emerged with the goal of controlling the use
and ownership interests associated with
intellectual property.  Wark alleges that the
"vectoral" class is employing intellectual
property constructs like patents, copyrights,
and trademarks to monopolize information.7  By
controlling how information is accessed and
utilized, the vectoral class has artificially created
a new scarce resource – information.8  One
need look no further than the Open Source
litigation referenced above for an example of
the vectoral classes’ legal maneuvering.

Building on the vocabulary employed by
Karl Marx and Frederick Engels, Wark likens
the vectoral class to the capitalist factory
owners and land rich real property owners of
Marx-era property conflicts.  The copyright and
patent, meanwhile, are the contemporary
equivalent of farmland and factories.  For
Wark, hackers are in some ways the equivalent
of peasant farmers and factory workers
because the vectoral class controls access to
the means of production, namely information.
Please note that Wark’s concept of a
hacker is distinguishable from the juvenile
delinquent stereotype. Rather, Wark perceives
hackers as individuals with the "desire to open
the virtuality of information," and an ethic of
"freedom and cooperation."  Unlike farmers
and factory workers, hackers are a unique class
with a productive potential independent of
either other workers or the vectoral class.

What makes hackers unique?
Information, the medium in which hackers
operate, is a "non-rivalrous" resource that
"knows no natural scarcity."  According to
Wark, hackers have the ability to produce
independently of tangible resources like land or
a factory, which should allow hackers t

ITU Proposal to Change IP Address Distribution meets resistance...

2004-11-15 Thread Patrice Riemens
(bwo Vesna Manojlovic, with permission)

http://www.ripe.net/info/internet-management/itu-proposal-200410.html



ITU Proposal to Change IP Address Distribution

As part of the World Summit on the Information Society (WSIS) process, a
proposal has been made that could dramatically affect the way Internet
number resources are distributed and managed.

On 21 October 2004, the Director of ITU-TSB published a memorandum, "ITU
and Internet Governance" for public comment. This memorandum includes a
proposal to create a new IPv6 address space distribution process, based
solely on national authorities. This could have a serious impact on RIPE
NCC Members, Internet operators and the global Internet community at
large.

The Number Resource Organization (NRO), on behalf of the Regional Internet
Registries, has prepared a public response to the ITU memorandum detailing
the flaws of the proposal and the negative impact it would have on
Internet operations.

A summary of this response is available at:
http://www.nro.net/documents/nro18.html

The full response is available at:
http://www.nro.net/documents/nro17.html

The original ITU memorandum is available at:
http://www.itu.int/ITU-T/tsb-director/itut-wsis/files/zhao-netgov01.doc

We urge our members and others in the Internet community to make their
views about this issue known. Without your support being *visible* and
*explicit* the bottom-up, consensus based model on which the success of
the Internet has been founded may be replaced by the top-down bureaucracy
of "Internet Governance".

To show your support:

*  RIPE NCC Members: Log in to the LIR Portal and tick the support box.
  If you do not have an LIR Portal account, please e-mail your
expression of support to [EMAIL PROTECTED]

*  Non-members: Please e-mail [EMAIL PROTECTED] An e-mail archive of
expressions of support will be available at:
  http://www.ripe.net/maillists/ncc-archives/im-support/

*   ITU-TSB Members: Please also contact your ITU member state
representative to voice your concerns you might have.

Internet number resource distribution is fair and accessible to all. Its
policy development process is open and transparent. It works.

Let us keep it that way.

===


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General Principle of Narrative (Violence) Under Capital

2004-11-15 Thread Alan Sondheim
General Principle of Narrative (Violence) Under Capital


1. The general principal of narrative under capital is _withholding._

2. In withholding, information, which would propel the narrative forward,
is withheld in order to lengthen, not enrich, the diegetic flow.

3. Within capital, lengthening implies additional penny-dreadful or
feuilleton segments.

4. This is accomplished by suspense, but beneath the 'sign of capital,'
withholding is literally the order of the day.

5. Withholding is accompanied by local omniscience.

6. Example 0: In the book of Job, Yhwh waits until the three friends and
Elihu have finishes their dialogs - at which point, the configuration of
his power is enunciated. Note political economy, enumeration of children,
servants, flocks, etc.

7. Example 1: In Dracula, Van Helsinger leads various people at various
times to Lucy's crypt, demonstrating the corpse is or is not present,
without explaining his belief in her vampirism, which is only revealed
later.

8. Example 2: Almost any television/film: "What happened?" - "I don't have
time to explain. Come with me." - or some such.

9. Example 3: Almost any US newscast? "Why did _x_? - We'll tell you after
the break."

10. Example 4: The US military control of theoretically omniscient
reportage or critique: the "embedded" journalist who becomes an
advertisement for ideology and policy.

11. Example 5: Lyotard's differend returned with a vengeance: The
withholding and withering of entire populations.

12. I don't have time to explain. Come with me. I can't tell you yet. We
don't have any time to lose. You'll see in a while. We can't discuss this.
We can't bring the cops in on this. The authorities would be all over us.
We've got to go it alone. Believe in me. Trust me.

13. The Christology is apparent: Believe, not because it is absurd, but
because of the fury of fast-forward time. Not a moment to lose: Kill the
heathens. Fallujah? No time for the convoys. We've got to move on. We've
got to move in.

14. The withholding promises a completion at _the end of time._ You'll see
in a while. Hold your horses. Dramatic time is time deferred, pornographic
time, differance-time.

15. The time of capital is continuous deferment. Iraq, Iran, Syria, USA,
Belgium, Netherlands, France, Tiero del Fuego. The chain is random,
arbitrary, except for the withholder. The withholder makes it up as it
goes along. The withholder has a grand plan. The withholder is national.
The withholder knows better. Re-elect Bush: We can't change horses in
mid-stream. The driver knows. Withholding is always driven, always the
sublimation and exfoliation, the production of capital.

16. What is withheld is almost always within the differend. What is
withheld no longer speaks, not at all, or speaks only at the end of time.

17. The end of time when the differend speaks: defuge, useless, wastage.
No one listens. The control of news is the control of the imminent, the
explosion of the leading story. The rest is debris.

18. God sets the scene in Job. Gods speaks of the fecundity of the earth.
God ensures his construct. Job is reduced either to silence or
acquiescence. The dialog is over.

19. Withholding has moved from biblical narrative through popular
narrative into the heart of news. It drives narrative forward. It has
eliminated other forms of suspense; the "whodunit" has been replaced by
the unfolding of Armageddon. Look at the Rapture, grown into an Amerikan
industry; look at our Wars themselves. We know whodunit; we watch the
pornography of unfolding, the _pli,_ the baroque which hides the raw
vicissitudes of Power.

20. Omniscience is hidden, parcelling out effect and affect. Omniscience
is the Amerikan lie come true, the lie of capital, planetary corrosion.
The largest life-forms are fungal nets beneath the soil in the upper
Mid-West. The largest life-masses are the single-celled organisms
occupying rock strata beneath the surface of the earth. God waited while
everyone talked. The news promises the answer to the question after the
commercial.

21. The commercial is delivered; the news is the hiatus, the gap. At times
(CNN Headline News for example), the question is not even answered; it is
forgotten in the rush of passing content. "Whatever happened to Baby Jane?
- News at 10." At 10, the news is silent, but the audience is present,
continuing the violating narrative of the planet, what capital allows to
pass for news.

22. "To be distracted by questions of administrative forms, race hatreds,
man hunts, or socialisation of everything but the national debt, is merely
swallowing the sucker-bait." (Ezra Pound, 1953.)

23. The ultimate withholding occurs with the _manhunt_ which is already
foreclosed. The manhunt distracts from the world. The double-withholding:
capital offers the scapegoat; the dead and wounded in Fallujah are
withheld. Withholding occurs in the midst of battle which is never
announced, never enunciated. Withholding creates a _story._ A _story_
promises