BESSER, Howard. "Intellectual Property: The Attack on Public Space in Cyberspace"
Politics. Public sphereLaw. CopyrightBESSER, HowardJust as large-scale economic forces are causing gentrification of our cities and the elimination of public spaces that allow culture and politics to flourish, powerful economic interests have also launched a full-scale attack on our public information spaces, many of which exist on the Internet. This article uses the disappearance of public spaces in our cities as a metaphor for the disappearance of public spaces in cyberspace. It focuses on the Content Industry’s use of copyright law to assault the public domain and their attempt to turn all information into commodities. And it discusses the horrific implications of all of this on free speech, artistic endeavors, and our entire way of life.
The Importance of Public Space
Public spaces have played a fundamental role throughout history. From the time that humans first defined private spaces, public spaces have served as places where people have come together to exchange ideas. From the ancient Greek’s Agora to the Middle Ages’ Commons to early 20th century American urban streets and parks, public spaces have been centers for free speech and public discourse.
Historically, the public spaces of cities have been centers of diversity. Even when housing was segregated along class or ethnic lines, public spaces were where people from all kinds of different backgrounds were exposed to each other. City streets, parks, and public transportation were melting pots of cultural differences, places where one would encounter people who dressed and spoke differently, hear people expressing opinions that one would never hear amongst their "peers", see people engaged in activities one had never seen before. The diversity that people were exposed to in these public spaces was eye-opening, and led them to new ideas and to see beyond their insular world. In their book on the negative effect of the automobile on our cities, Safdie and Kohn discuss the vitality of public spaces in cities before cars took over: