The Debauched Commons: A Dark Parable ...

• Main Authors: Jones, David S., Keeney, Gavin
• Format: Article in Journal/Newspaper
• Language: English
• Published: Springer Science and Business Media LLC 2023
• Subjects: Biopolitics; Capitalism; Economics; Intellectual property; First Nations
• Online Access: https://dx.doi.org/10.17613/n3560-ejq37; https://works.hcommons.org/doi/10.17613/n3560-ejq37

'The Debauched Commons: A Dark Parable' summarizes issues regarding intellectual property rights and immaterial culture through a nuanced reading of how First Nations Peoples worldwide have been forced by forms of neoliberal-capitalist exploitation of the knowledge commons to ring-fence and/or commodify their lived traditions, in many cases dating back 100,000 years and clearly predating any and all Western (First World) concepts of ownership. The intention of the structuralist-inspired reading of this enforced defensive position is to emphasize and clarify issues concerning prior art and moral rights, two of the most ambiguous and gamed elements of copyright and patent law. Drawing upon the international context of the Declaration on the Rights of Indigenous Peoples (2007) and the Convention for Safeguarding Intangible Heritage (2003), this essay will focus, in part, on the travails of Aboriginals in Australia as representative of First Peoples worldwide and their long-exploited and long-expropriated ...