Fictitious Commodities: A Theory of Intellectual Property Inspired by Karl Polanyi’s “Great Transformation”

The puzzle this Article addresses is this: how can it be explained that intellectual property (IP) laws and IP rights (IPRs) have continuously grown in number and expanded in scope, territorial reach, and duration, while at the same time have been contested, much more so than other branches of property law? This Article offers an explanation for this peculiar dynamic by applying insights and concepts of Karl Polanyi’s book “The Great Transformation” to IP. It reconstructs and then applies core Polanyian concepts of commodification (infra, II), fictitious commodities (infra, III), and countermovements (infra, IV) to the three main areas of IP, namely copyrights, patents, and trademarks, as they have evolved and are currently regulated in international and selected national laws. The analysis reveals that the history of IP can be told in terms of Polanyi’s famous “double movement”: efforts to commodify virtually every reproducible input/output face equally persistent opposition, which points out the disruption that IPRs inflict upon communication and competition. Whereas IPRs dis-embed informational artefacts from the uninterrupted flow of societal exchange and subject them to prior authorization requirements, IP countermovements call for their re-embedding, i.e. their usability irrespective of authorization. From a normative perspective, a Polanyian perspective on IP suggests that IP law and policy should ensure that market-based transactions coexist with non-market modes of accessing and sharing information so that authors, inventors, and other entrepreneurs have as many options as possibl

Creativity: Can Artistic Perspectives Contribute to Management Questions?

Today creativity is considered as a necessity in ail aspects of management. This working paper mirrors the artistic and managerial conceptions of creativity. Although there are shared points in bath applications, however deep-seated and radically opposed traits account for the divergence between the two fields. This exploratory analysis opens up new research questions and insights into practices.Creativity; Management; Art

The machine and the aesthetics

This new edition further explores the connection between the cultural analysis provided by the contemporary philosopher Jean Baudrillard and the new 'star' of global culture - architecture. In a world in which images have become a substitute for reality - i.e. simulacra capable of both stimulating and satisfying collective needs - the question arises as to whether architecture could be seen as a 'super-fetish', capable of both mirroring and shaping western society's culture and identity. The aim of this book is thus to provide new methodologies and to suggest new meanings for the comprehension and development of contemporary architecture. In Baudrillard's terms, architecture could be seen as the supreme medium of contemporary visual culture, especially in its potential to influence the individual's perception of reality as a component of the mass-media system. This kind of cultural analysis of the built environment and its effect on everyday life is still a relatively new phenomenon - both in the fields of critical theory and even more so in mainstream architectural criticism. This book, which forms a significant resource on the work of an immensely important writer, should appeal to a wide range of readers. Through highly evocative writing, it provides a theoretical, illuminating pathway for everyone who, either directly or indirectly, is involved or interested in architecture, urbanism and related subjects

The Eye in Motion: Mid-Victorian Fiction and Moving-Image Technologies

This thesis reads selected works of fiction by three mid-Victorian writers (Charlotte Brontë, Charles Dickens, and George Eliot) alongside contemporaneous innovations and developments in moving-image technologies, or what have been referred to by historians of film as ‘pre-cinematic devices’. It looks specifically at the moving panorama, diorama, dissolving magic lantern slides, the kaleidoscope, and persistence of vision devices such as the phenakistiscope and zoetrope, and ranges across scientific writing, journalism, letters, and paintings to demonstrate the scope and popularity of visual motion devices. By exploring this history of optical technologies I show how their display, mechanism, and manual operation contributed to a broader cultural and literary interest in the phenomenological experience of animation, decades before the establishment of cinematography as an industry, technology, and viewing practice. Through a close reading of a range of mid-Victorian novels, this thesis identifies and analyses the literary use of language closely associated with moving-image technologies to argue that the Victorian literary imagination reflected upon, drew from, and incorporated reference to visual and technological animation many decades earlier than critics, focusing usually on early twentieth-century cinema and modernist literature, have allowed. It develops current scholarship on Victorian visual culture and optical technologies by a close reading of the language of moving-image devices—found in advertisements, reviews, and descriptions of their physiological operation and spectacle—alongside the choices Victorian authors made to describe precisely how their characters perceived, how they imagined, remembered, and mentally relived particular scenes and images, and how the readers of their texts were encouraged to imaginatively ‘see’ the animated unfolding of the plot and the material dimensionality of its world through a shared understanding of this language of moving images

Mixed Reality Images: Trilogy of Synthetic Realities III

The interplay of physical reality and digital media technologies is getting enhanced by new interfaces. The age of hyper-reality turns into the age of hyper-aesthetics and immersive image technologies - like mixed reality - enable a completely novel form of interaction and user relation with the virtual image structures, the different screen technologies, and embedded physical artefacts for interaction. "Mixed Reality Images" contributes to the wide range of the hyper-aesthetic image discourse to connect the concept of mixed reality images with the approaches in modern media theory, philosophy, perceptual theory, aesthetics, computer graphics and art theory as well as the complex range of image science. This volume monitors and discusses the relation of images and technological evolution in the context of mixed reality within the perspective of an autonomous image science

Psychopathy and Corporate Crime

The purpose of this thesis is to explore the relationship between psychopathy and corporate crime. Psychopathy is illustrated by characteristics such as glib/superficiality, impression management, pathological lying, conning/manipulativeness, lack or remorse or guilt, callousness/lack of empathy, failure to accept responsibility, stimulation seeking, irresponsibility, parasitic orientation, serious criminal behavior, and criminal versatility. Although the American Psychological Association (APA) has equated psychopathy with Antisocial Personality Disorder (ASPD), the two constructs are not identical. The primary diagnostic tool used to assess psychopathy is the PCL-R. While those diagnosed with psychopathy are likely to meet the diagnostic criteria for ASPD, those diagnosed with ASPD do not often meet the diagnostic standard for psychopathy. Psychopathy has traditionally been used to understand violent street level offenses, such as assault and homicide. However, as this thesis demonstrates, psychopathy is also related to corporate crime. Using recent examples of corporate wrongdoing committed in the oil, automobile, and financial industries, I explore ways in which the behaviors of corporations are consistent with psychopathy