Literatura académica sobre el tema "National Yiddish Book Exchange (U.S.)"

Penelitian ini bertujuan untuk mengetahui pengaruh Financial Distress memediasi Good Corporate Governance dan Return saham. Penilaian financial distress menggunakan proksi Altman Z-Score untuk EMS (Emerging Market) yang dirasakan sesuai dengan kondisi pasar modal di Indonesia. Model analisis yang digunakan adalah regresi berganda dan hasil yang ditemukan adanya pengaruh financial distress memediasi kedua variabel penelitian GCG dan return saham. Dari keseluruhan emiten yang tercatat dalam SWA (per 1 November 2018), ditemukan sejumlah 12 emiten yang dapat dijadikan sampel dalam penelitian karena konsistensi keikutsertaan dalam penilaian GCG oleh IICG. Financial Distress ditemukan memediasi Good Corporate Governance terhadap return saham, dimana hal ini sesuai dengan penelitian terdahulu seperti penelitian Jannah & Khoiruddin (2017) yang meneliti mengenai peran financial distress memediasi kepemilikan institusional, kepemilikan manajerial terhadap return saham Keputusan investor untuk berinvestasi perlu mempertimbangkan bahwa ketika investor melakukan investasi perlu menghindari gejala financial distress dan mempertimbangkan keputusan manajerial (GCG) tersebut.Kata Kunci : Financial Distress, Corporate Governance, Altman EMS Z-Score, Return SahamDAFTAR PUSTAKA Ajiwanto, A.W. dan Herawati, J., (2014), Pengaruh Good Corporate Governance Terhadap Return Saham Perusahaan yang Terdaftar di Corporate Governane Perception Index dan Bursa Efek Indonesia Periode 2010 – 2012, Jurnal Ilmiah Mahasiswa FEB, Vol. 2 No. 2.Alexander,J. 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This story not for myself … all over Australia story.No matter Aborigine, White-European, secret before,Didn’t like im before White-European…This time White-European must come to Aborigine,Listen Aborigine and understand it.Understand that culture, secret, what dreaming.— Senior Lawman Neidjie, Story about Feeling (78)IntroductionIn Senior Lawman Neidjie’s beautiful little book, with big knowledge, Story about Feeling (1989), he shares with us, his readers, the importance of feeling our connectedness with the land around us. We have heard his words and this is our effort to articulate our respect and responsibility in return. We are a small group of undergraduate students and a lecturer at the University of Newcastle (a mixed “mob” with non-Aboriginal and Aboriginal heritages) participating in an English course designed around listening to the knowledge stories of Country, in the context of Country as the energy and agency of the lands around us and not just a physical setting, as shared by those who know it best. We are a diverse group of people. We have different, individual, purposes for taking this course, but with a common willingness to listen which has been strengthened through our exposure to Aboriginal literature. This paper is the result of our lived experience of practice-led research. We have written this paper as a collective group and therefore we use “we” to represent and encompass our distinct voices in this shared learning journey. We write this paper within the walls, physically and psychologically, of western academia, built on the lands of the Darkinjung peoples. Our hope is to rethink the limits of epistemic boundaries in western discourses of education; to engage with Aboriginal ways of knowing predominantly through the pedagogical and personal act of listening. We aspire to reimagine our understanding of, and complicity with, public memory while simultaneously shifting our engagement with the land on which we stand, learn, and live. We ask ourselves: can we re-imagine the institutionalised space of our classroom through a dialogic pedagogy? To attempt to do this we have employed intersubjective dialogues, where our role is mostly that of listeners (readers) of stories of Country shared by Aboriginal voices and knowledges such as Neidjie’s. This paper is an articulation of our learning journey to re-imagine the tertiary classroom, re-imagine the relationship between Aboriginal and non-Aboriginal Australian knowledges, perspectives and peoples, re-imagine our collective consciousness on Aboriginal lands and, ultimately, to re-imagine ourselves. Re-imagining the Tertiary English Literature Classroom Our intersubjective dialogues have been built around listening to the stories (reading a book) from Aboriginal Elders who share the surface knowledge of stories from their Countries. These have been the voices of Neidjie, Max Dulumunmun Harrison in My People’s Dreaming (2013), and Laklak Burarrwanga et al. in Welcome to My Country (2013). Using a talking circle format, a traditional method of communication based upon equality and respect, within the confines of the four-walled institute of Western education, our learning journey moved through linear time, meeting once a week for two hours for 13 weeks. Throughout this time we employed Joshua Guilar’s notion of an intersubjective dialogue in the classroom to re-imagine our tertiary journey. Guilar emphasises the actions of “listening and respect, direction, character building and authority” (para 1). He argues that a dialogic classroom builds an educative community that engages both learners and teachers “where all parties are open to learning” (para 3). To re-imagine the tertiary classroom via talking circles, the lecturer drew from dialogic instruction which privileges content as:the major emphasis of the instructional conversation. Dialogic instruction includes a sharing of power. The actions of a dialogic instructor can be understood on a continuum with an autocratic instructional style at one end and an overly permissive style on the other. In the middle of the continuum are dialogic-enabling behaviors, which make possible a radical pedagogy. (para 1) Re-imaging the lecturer’s facilitating role has not been without its drawbacks and issues. In particular, she had to examine her own subjectivity and role as teacher while also adhering to the expectations of her job as an academic employee in the University. Assessing students, their developing awareness of Aboriginal ways of knowing, was not without worry. Advocating a paradigm shift from dominant ways of teaching and learning, while also adhering to expected tertiary discourses and procedures (such as developing marking rubrics and providing expectations regarding the format of an essay, referencing information, word limits, writing in standard Australian English and being assessed according to marks out of 100 that are categorised as Fails, Passes, Credits, Distinctions, or High Distinctions) required constant self-reflexivity and attempts at pedagogical transparency, for instance, the rubrics for assessing assignments were designed around the course objectives and then shared with the students to gauge understanding of, and support for, the criteria. Ultimately it was acknowledged that the lecturer’s position within the hierarchy of western learning carried with it an imbalance of power, that is, as much as she desired to create a shared and equal learning space, she decided and awarded final grades. In an effort to continually and consciously work through this, the work of Gayatri Spivak on self-reflexivity was employed: she, the lecturer, has “attempted to foreground the precariousness of [her] position throughout” although she knows “such gestures can never suffice” (271). Spivak’s work on the tendency of dominant discourses and institutions to ignore or deny the validity of non-western knowledges continues to be influential. We acknowledge the limits of our ability to engage in such a radical dialogical pedagogy: there are limits to the creativity and innovativeness that can be produced within a dominant Eurocentric academic framework. Sharing knowledge and stories cannot be a one-way process; all parties have to willingly engage in order to create meaningful exchange. This then, requires that the classroom, and this paper, reflect a space of heterogeneous voices (or “ears” required for listening) that are self-sufficiently open to hearing the stories of knowledge from the traditional custodians. Listening becomes a mode of thought where we are also aware of the impediments in our ability to hear: to hear across cultures, across histories, across generations, and across time and space. The intersubjective dialogues taking place, between us and the stories and also between each other in the classroom, allow us to deepen our understanding of the literature of Country by listening to each other’s voices. Even if they offer different opinions from our own they still contribute to our broader conception of what Country is and can mean to people. By extension, this causes us to re-evaluate the lands upon which we stand, entering a dialogue with place to reinterpret/negotiate our position within the “story” of Country. This learning and listening was re-emphasised with the words of Miriam-Rose Ungunmerr-Baumann’s explanation of “Dadirri”: an inner, deep, contemplative listening and awareness (para 4). To be able to hear these stories has required a radical shift in the way we are listening. To create a space for an intersubjective dialogue to occur between the knowledge stories of Aboriginal peoples who know their Country, and us as individual and distinct listeners, Marcia Langton’s third category of an intersubjective dialogue was used. This type of dialogue involves an exchange between Aboriginal and non-Aboriginal Australians where both are positioned as subjects rather than, as historically has been the case, non-Aboriginal peoples speaking about Aboriginality positioned as “object” and “other” (81). Langton states that: ‘Aboriginality’ arises from the subjective experience of both Aboriginal people and non-Aboriginal people who engage in any intercultural dialogue, whether in actual lived experience or through a mediated experience such as a white person watching a program about Aboriginal people on television or reading a book. Moreover, the creation of ‘Aboriginality’ is not a fixed thing. It is created from out histories. It arises from the intersubjectivity of black and white in dialogue. (31)Langton states that historically the ways Aboriginality has been represented by the ethnographic gaze has meant that “Aboriginality” and what it means is a result of colonisation: Aboriginal peoples did not refer to themselves or think of themselves in such ways before colonisation. Therefore, we respectfully tried to listen to the knowledge stories shared by Aboriginal people through Aboriginal ways of knowing Country. Listening to Stories of Country We use the word “stories” to represent the knowledge of a place that traditional custodians of their land know and willingly share through the public publication of literature. Stories, in our understanding, are not “made-up” fictional narratives but knowledge documents of and from specific places that are physically manifested in the land while embodying metaphysical meaning as well. Stories are connected to the land and therefore they are connected to its people. We use the phrase “surface (public) knowledge” to distinguish between knowledges that anyone can hear and have access to in comparison with more private, deeper layered, secret/sacred knowledge that is not within our rights to possess or even within our ability to understand. We are, however, cognisant that this knowledge is there and respect those who know it. Finally, we employ the word Country, which, as noted above means the energy and agency of the lands around us. As Burarrwanga et al. share:Country has many layers of meaning. It incorporates people, animals, plants, water and land. But Country is more than just people and things, it is also what connects them to each other and to multiple spiritual and symbolic realms. It relates to laws, customs, movement, song, knowledges, relationships, histories, presents, future and spirits. Country can be talked to, it can be known, it can itself communicate, feel and take action. Country for us is alive with story, Law, power and kinship relations that join not only people to each other but link people, ancestors, place, animals, rocks, plants, stories and songs within land and sea. So you see, knowledge about Country is important because it’s about how and where you fit in the world and how you connect to others and to place. (129) Many colonists denied, and many people continue to deny today, the complexity of Aboriginal cultures and ways of knowing: “native traditions” are recorded according to Western epistemology and perceptions. Roslyn Carnes has argued that colonisation has created a situation in Australia, “where Aboriginal voices are white noise to the ears of many non-Indigenous people. […] white privilege and the resulting white noise can be minimised and greater clarity given to Aboriginal voices by privileging Indigenous knowledge and ways of working when addressing Indigenous issues. To minimise the interference of white noise, non-Indigenous people would do well to adopt a position that recognises, acknowledges and utilises some of the strengths that can be learned from Aboriginal culture and Indigenous authors” (2). To negotiate through this “white noise”, to hear the stories of Country beneath it and attempt to decolonise both our minds and the institutional discourses we work and study in (Langton calls for an undermining of the “colonial hegemony” [8]) and we have had to acknowledge and position our subjectivity as Aboriginal and non-Aboriginal peoples and try to situate ourselves as “allied listeners” (Carnes 184). Through allied listening in intersubjective dialogues, we are re-learning (re-imagining) history, reviewing dominant ideas about the world and ways of existing in it and re-situating our own positions of Aboriginality and non-Aboriginality. Rereading the Signs Welcome to My Country by Burarrwanga et al. emphasises that knowledge is embedded in Country, in everything on, in, above, and moving through country. While every rock, tree, waterhole, hill, and animal has a story (stories), so do the winds, clouds, tides, and stars. These stories are layered, they overlap, they interconnect and they remain. A physical representation such as a tree or rock, is a manifestation of a metaphysical moment, event, ancestor. The book encourages us (the readers) to listen to the knowledge that is willingly being shared, thus initiating a layer of intersubjectivity between Yolngu ways of knowing and the intended reader; the book itself is a result of an intersubjective relationship between Aboriginal and non-Aboriginal women and embedded in both of these intersubjective layers is the relationship between us and this land. The book itself offers a way of engaging with the physical environment that combines western processes (standard Australian written English for instance) with Aboriginal ways of knowing, in this instance, Yolngu ways. It is an immediate way of placing oneself in time and space, for instance it was August when we first read the book so it was the dry season and time for hunting. Reading the environment in such a way means that we need to be aware of what is happening around us, allowing us to see the “rules” of a place and “feel” it (Neidjie). We now attempt to listen more closely to our own environments, extending our understanding of place and reconsidering our engagement with Darkinjung land. Neidjie, Harrison, and Burarrwanga et al. share knowledge that helps us re-imagine our way of reading the signs around us—the physical clues (when certain plants flower it might signal the time to catch certain fish or animals; when certain winds blow it might signal the time to perform certain duties) that the land provides but there is also another layer of meaning—explanations for certain animal behaviours, for certain sites, for certain rights. Beneath these layers are other layers that may or may not be spoken of, some of them are hinted at in the text and others, it is explained, are not allowed to be spoken of or shared at this point in time. “We use different language for different levels: surface, middle and hidden. Hidden languages are not known to everyone and are used for specific occasions” (Burarrwanga et al. 131). “Through language we learn about country, about boundaries, inside and outside knowledge” (Burarrwanga et al. 132). Many of the esoteric (knowledge for a certain few) stories are too different from our dominant discourses for us to understand even if they could be shared with us. Laklak Burarrwanga happily shares the surface layer though, and like Neidjie, refers to the reader as “you”. So this was where we began our intersubjective dialogue with Aboriginality, non-Aboriginality and Country. In Harrison’s My People’s Dreaming he explains how Aboriginal ways of knowing are built on watching, listening, and seeing. “If we don’t follow these principles then we don’t learn anything” (59). Engaging with Aboriginal knowledges such as Harrison’s three principles, Neidjie’s encouragement to listen, and Burarrwanga et al.’s welcoming into wetj (sharing and responsibility) has impacted on our own ideas and practices regarding how we learn. We have had to shelve our usual method of deconstructing or analysing a text and instead focus on simply hearing and feeling the stories. If we (as a collective, and individually) perceive “gaps” in the stories or in our understanding, that is, the sense that there is more information embodied in Country than what we are receiving, rather than attempting to find out more, we have respected the act of the surface story being shared, realising that perhaps deeper knowledge is not meant for us (as outsiders, as non-Aboriginal peoples or even as men or as women). This is at odds with how we are generally expected to function as tertiary students (that is, as independent researchers/analytical scholars). We have identified this as a space in which we can listen to Aboriginal ways of knowing to develop our understanding of Aboriginal epistemologies, within a university setting that is governed by western ideologies. Neidjie reminds us that a story might be, “forty-two thousand [years]” old but in sharing a dialogue with each other, we keep it alive (101). Kwaymullina and Kwaymullina argue that in contrast, “the British valued the wheel, but they did not value its connection to the tree” (197), that is, western ways of knowing and being often favour the end result, disregarding the process, the story and the cycle where the learning occurs. Re-imagining Our Roles and Responsibility in Discourses of ReconciliationSuch a space we see as an alternative concept of spatial politics: “one that is rooted not solely in a politics of the nation, but instead reflects the diverse spaces that construct the postcolonial experience” (Upstone 1). We have almost envisioned this as fragmented and compartmentalised palimpsestic layers of different spaces (colonial, western, national, historical, political, topographical, social, educational) constructed on Aboriginal lands and knowledges. In this re-imagined learning space we are trying to negotiate through the white noise to listen to the voices of Aboriginal peoples. The transformative power of these voices—voices that invite us, welcome us, into their knowledge of Country—provide powerful messages for the possibility of change, “It is they who not only present the horrors of current circumstances but, gesturing towards the future, also offer the possibility of a way to move forward” (Upstone 184). In Harrison’s My People’s Dreaming, his chapter on Forgiveness both welcomes the reader into his Country while acknowledging that Australia’s shared history of colonisation is painful to confront, but only by confronting it, can we begin to heal and move forward. While notions of social reconciliation revolve around rebuilding social relations between Aboriginal and non-Aboriginal Australians, “ecological reconciliation involves restoring ecological connectivity, sustaining ecological services, sustaining biodiversity, and making tough decisions from an eco-centric point of view that will not always prioritise human desire” (Rose 7). Deborah Bird Rose identifies four reasons why ecological reconciliation must occur simultaneously with social reconciliation. First, “without an imaginable world for the future, there is no point even to imagining a future for ourselves” (Rose 2). Second, for us to genuinely embrace reconciliation we must work to respond to land rights, environmental restoration and the protection of sacred sites. Third, we must recognise that “society and environment are inextricably connected” (Rose 2) and that this is especially so for Aboriginal Australians. Finally, Aboriginal ways of knowing could provide answers to postcolonial environmental degradation. By employing Guilar’s notion of the dialogic classroom as a method of critical pedagogy designed to promote social justice, we recognise our own responsibilities when it comes to issues such as ecology due to these stories being shared with us about and from Country via the literature we read. We write this paper in the hope of articulating our experience of re-imagining and enacting an embodied cognisance (understood as response and responsibility) tuned towards these ways of knowing. We have re-imagined the classroom as a new space of learning where Aboriginal ways of knowing are respected alongside dominant educational discourses. That is, our reimagined classroom includes: the substance of [...] a transactive public memory [...] informed by the reflexive attentiveness to the retelling or representation of a complex of emotionally evocative narratives and images which define not necessarily agreement but points of connection between people in regard to a past that they both might acknowledge the touch of. (Simon 63) Through an intersubjective dialogic classroom we have attempted to reimagine our relationships with the creators of these texts and the ways of knowing they represent. In doing so, we move beyond dominant paradigms of the land around us, re-assessing our roles and responsibilities in ways that are both practical and manageable in our own lives (within and outside of the classroom). Making conscious our awareness of Aboriginal ways of knowing, we create a collective consciousness in our little circle within the dominant western space of academic discourse to, wilfully and hopefully, contribute to transformative social and educational change outside of it. Because we have heard and listened to the stories of Country: We know White-European got different story.But our story, everything dream,Dreaming, secret, ‘business’…You can’t lose im.This story you got to hang on for you,Children, new children, no-matter new generationAnd how much new generation.You got to hang on this old story because the earth, This ground, earth where you brought up, This earth e grow, you growing little by little, Tree growing with you too, grass…I speaking storyAnd this story you got to hang on, no matter who you, No-matter what country you.You got to understand…this world for us.We came for this world. (Neidjie 166) Acknowledgements The authors acknowledge the traditional custodians of the lands upon which this paper was researched and written. References Burarrwanga, Laklak, Ritjilili Ganambarr, Merrkiyawuy Ganambarr-Stubbs, Banbapuy Ganambarr, Djawundil Maymuru, Sarah Wright, Sandie Suchet-Pearson, and Kate Lloyd. Welcome to My Country. Sydney: Allen & Unwin, 2013. Carnes, Roslyn. “Changing Listening Frequency to Minimise White Noise and Hear Indigenous Voices.” Journal of Australian Indigenous Issues 14.2-3 (2011): 170-84. Guilar, Joshua D. “Intersubjectivity and Dialogic Instruction.” Radical Pedagogy 8.1 (2006): 1. Harrison, Max D. My People’s Dreaming: An Aboriginal Elder Speaks on Life, Land, Spirit and Forgiveness. Sydney: HarperCollins Australia, 2013. Kwaymullina, Ambelin, and Blaze Kwaymullina. “Learning to Read the Signs: Law in an Indigenous Reality.” Journal of Australian Studies 34.2 (2010): 195-208.Langton, Marcia. Well, I Saw It on the Television and I Heard It on the Radio. Sydney: Australian Film Commission, 1993. Neidjie, Bill. Story about Feeling. Broome: Magabala Books, 1989. Rose, Deborah Bird. “The Ecological Power and Promise of Reconciliation.” National Institute of the Environment Public Lecture Series, 20 Nov. 2002. Speech. Parliament House. Simon, Roger. “The Touch of the Past: The Pedagogical Significance of a Transactional Sphere of Public Memory.” Revolutionary Pedagogies: Cultural Politics, Instituting Education, and the Discourse of Theory (2000): 61-80. Spivak, Gayatri. C. “'Can the Subaltern Speak?' Marxism and the Interpretation of Culture.” Marxism and the Interpretation of Culture. Eds. Nelson, Cary and Lawrence Grossberg. Urbana, IL: U of Illinois P, 1988. 271-313. Ungunmerr-Baumann, Miriam-Rose. Dadirri: Inner Deep Listening and Quiet Still Awareness. Emmaus Productions, 2002. 14 June 2015 ‹http://nextwave.org.au/wp-content/uploads/Dadirri-Inner-Deep-Listening-M-R-Ungunmerr-Bauman-Refl.pdf›.Upstone, Sara. Spatial Politics in the Postcolonial Novel. Burlington, VT: Ashgate Publishing, 2013.

Introduction Many anthropologists and other academics have attempted to argue that the spread of technology is a global homogenising force, socialising the remaining indigenous groups across the planet into an indistinct Western "monoculture" focussed on consumption, where they are rapidly losing their cultural distinctiveness. In many cases, these intellectuals -– people such as Jerry Mander -- often blame the diffusion of television (particularly through new innovations that are allowing it to penetrate further into rural areas, such as satellite and cable) as a key force in the effort to "assimilate" indigenous groups and eradicate their unique identities. Such writers suggest that indigenous groups can do nothing to resist the onslaught of the technologically, economically, and aesthetically superior power of Western television. Ironically, while often protesting the plight of indigenous groups and heralding their need for cultural survival, these authors often fail to recognise these groups’ abilities to fend for themselves and preserve their cultural integrity. On the other side of the debate are visual anthropologists and others who are arguing that indigenous groups are quickly becoming savvy to Western technologies, and that they are now using them for cultural revitalisation, linguistic revival, and the creation of outlets for the indigenous voice. In this school of thought, technology is seen not so much as a threat to indigenous groups, but instead as a remarkable opportunity to reverse the misfortunes of these groups at the hands of colonisation and national programmes of attempted assimilation. From this perspective, the rush of indigenous groups to adopt new technologies comes hand-in-hand with recent efforts to assert their tribal sovereignty and their independence. Technology has become a "weapon" in their struggle for technological autonomy. As a result, many are starting their own television stations and networks, and thus transforming the way television operates in their societies -– away from global monocultures and toward local interests. I hypothesise that in fact there is no correlation between television viewing and acculturation, and that, in fact, the more familiar people are with the technology of television and the current way the technology is utilised, the more likely they are to be interested in using it to revive and promote their own culture. Whatever slight negative effect exists depends on the degree to which local people can understand and redirect how that technology is used within their own cultural context. However, it should be stated that for terms of this investigation, I consider the technologies of "video" and "television" to be identical. One is the recording aspect, and the other the distribution aspect, of the same technology. Once people become aware that they can control what is on the television screen through the instrumentality of video, they immediately begin attempting to assert cultural values through it. And this is precisely what is going on on the Cheyenne River Reservation. This project is significant because the phenomenon of globalisation is real and Western technologies such as video, radio, and PCs are spreading throughout the world, including the "Fourth World" of the planet’s indigenous peoples. However, in order to deal with the phenomenon of globalisation, anthropologists and others may need to deal more realistically with the phenomenon of technological diffusion, which operates far less simply than they might assume. Well-meaning anthropologists seeking to "protect" indigenous groups from the "invasion" of technologies which will change their way of life may be doing these groups a disservice. If they turned some of their effort away from fending off these technologies and toward teaching indigenous groups how to use them, perhaps they might have a better result in creating a better future for them. I hope this study will show a more productive model for dealing with technological diffusion and what effects it has on cultural change in indigenous societies. There have been very few authors that have dealt with this topic head-on. One of the first to do so was Pace (1993), who suggested that some Brazilian Indians were acculturating more quickly as a result of television finally coming to their remote villages in the 1960s. Molohon (1984) looked at two Cree communities, and found that the one which had more heavy television viewing was culturally closer to its neighboring white towns. Zimmerman (1996) fingered television as one of the key elements in causing Indian teenagers to lose their sense of identity, thus putting them at higher risk for suicide. Gillespie (1995) argued that television is actually a ‘weapon’ of national states everywhere in their efforts to assimilate and socialise indigenous and other ethnic minority groups. In contrast, authors like Weiner (1997), Straubhaar (1991), and Graburn (1982) have all critiqued these approaches, suggesting that they deny subjectivity and critical thinking to indigenous TV audiences. Each of these researchers suggest, based on their field work, that indigenous people are no more likely than anybody else to believe that the things they see on television are true, and no more likely to adopt the values or worldviews promoted by Western TV programmers and advertisers. In fact, Graburn has observed that the Inuit became so disgusted with what they saw on Canadian national television, that they went out and started their own TV network in an effort to provide their people with meaningful alternatives on their screens. Bell (1995) sounds a cautionary note against studies like Graburn’s, noting that the efforts of indigenous New Zealanders to create their own TV programming for local markets failed, largely because they were crowded out by the "media imperialism" of outside international television. Although the indigenous groups there tried to put their own faces on the screen, many local viewers preferred to see the faces of J.R. Ewing and company, and lowered the ratings share of these efforts. Salween (1991) thinks that global media "cultural imperialism" is real -– that it is an objective pursued by international television marketers -– and suggests a media effects approach might be the best way to see whether it works. Woll (1987) notes that historically many ethnic groups have formed their self-images based on the way they have been portrayed onscreen, and that so far these portrayals have been far from sympathetic. In fact, even once these groups started their own cinemas or TV programmes, they unconsciously perpetuated stereotypes first foisted on them by other people. This study tends to side with those who have observed that indigenous people do not tend to "roll over" in the wake of the onslaught of Western television. Although cautionary studies need to be examined carefully, this research will posit that although the dominant forces controlling TV are antithetical to indigenous groups and their goals, the efforts of indigenous people to take control of their TV screens and their own "media literacy" are also increasing. Thus, this study should contribute to the viewpoint that perhaps the best way to save indigenous groups from cultural eradication is to give them access to television and show them how to set up their own stations and distribute their own video programming. In fact, it appears to be the case that TV, the Internet, and electronic 'new media' are helping to foster a process of cultural renewal, not just among the Lakota, but also among the Inuit, the Australian aborigines, and other indigenous groups. These new technologies are helping them renew their native languages, cultural values, and ceremonial traditions, sometimes by giving them new vehicles and forms. Methods The research for this project was conducted on the Cheyenne River Sioux Reservation headquartered in Eagle Butte, South Dakota. Participants chosen for this project were Lakota Sioux who were of the age of consent (18 or older) and who were tribal members living on the reservation. They were given a survey which consisted of five components: a demographic question section identifying their age, gender, and individual data; a technology question section identifying what technologies they had in their home; a TV question section measuring the amount of television they watched; an acculturation question section determining their comparative level of acculturation; and a cultural knowledge question section determining their knowledge of Lakota history. This questionnaire was often followed up by unstructured ethnographic interviews. Thirty-three people of mixed age and gender were given this questionnaire, and for the purposes of this research paper, I focussed primarily on their responses dealing with television and acculturation. These people were chosen through strictly random sampling based on picking addresses at random from the phone book and visiting their houses. The television section asked specifically how many hours of TV they watched per day and per week, what shows they watched, what kinds of shows they preferred, and what rooms in their home had TVs. The acculturation section asked them questions such as how much they used the Lakota language, how close their values were to Lakota values, and how much participation they had in traditional indigenous rituals and customs. To assure open and honest responses, each participant filled out a consent form, and was promised anonymity of their answers. To avoid data contamination, I remained with each person until they completed the questionnaire. For my data analysis, I attempted to determine if there was any correlation (Pearson’s coefficient r of correlation) between such things as hours of TV viewed per week or years of TV ownership with such things as the number of traditional ceremonies they attended in the past year, the number of non-traditional Lakota values they had, their fluency in the Lakota language, their level of cultural knowledge, or the number of traditional practices and customs they had engaged in in their lives. Through simple statistical tests, I determined whether television viewing had any impact on these variables which were reasonable proxies for level of acculturation. Findings Having chosen two independent variables, hours of TV watched per week, and years of TV ownership, I tested if there was any significant correlation between them and the dependent variables of Lakota peoples’ level of cultural knowledge, participation in traditional practices, conformity of values to non-Lakota or non-traditional values, fluency in Lakota, and participation in traditional ceremonies (Table 1). These variables all seemed like reasonable proxies for acculturation since acculturated Lakota would know less of their own culture, go to fewer ceremonies, and so on. The cultural knowledge score was based on how many complete answers the respondents knew to ‘fill in the blank’ questions regarding Lakota history, historical figures, and important events. Participation in traditional practices was based on how many items they marked in a survey of whether or not they had ever raised a tipi, used traditional medicine, etc. The score for conformity to non-Lakota values was based on how many items they marked with a contrary answer to the emic Lakota value system ("the seven Ws".) Lakota fluency was based on how well they could speak, write, or use the Lakota language. And ceremonial attendance was based on the number of traditional ceremonies they had attended in the past year. There were no significant correlations between either of these TV-related variables and these indexes of acculturation. Table 1. R-Scores (Pearson’s Coefficient of Correlation) between Variables Representing Television and Acculturation R-SCORES Cultural Knowledge Traditional Practices Modern Values Lakota Fluency Ceremonial Attendance Years Owning TV 0.1399 -0.0445 -0.4646 -0.0660 0.1465 Hours of TV/Week -0.3414 -0.2640 -0.2798 -0.3349 0.2048 The strongest correlation was between the number of years the Lakota person owned a television, and the number of non-Lakota (or ‘modern Western’) values they held in their value system. But even that correlation was pretty weak, and nowhere near the r-score of other linear correlations, such as between their age and the number of children they had. How much television Lakota people watched did not seem to have any influence on how much cultural knowledge they knew, how many traditional practices they had participated in, how many non-Lakota values they held, how well they spoke or used the Lakota language, or how many ceremonies they attended. Even though there does not appear to be anything unusual about their television preferences, and in general they are watching the same shows as other non-Lakota people on the reservation, they are not becoming more acculturated as a result of their exposure to television. Although the Lakota people may be losing aspects of their culture, language, and traditions, other causes seem to be at the forefront than television. I also found that people who were very interested in television production as well as consumption saw this as a tool for putting more Lakota-oriented programs on the air. The more they knew about how television worked, the more they were interested in using it as a tool in their own community. And where I was working at the Cultural Center, there was an effort to videotape many community and cultural events. The Center had a massive archive of videotaped material, but unfortunately while they had faithfully recorded all kinds of cultural events, many of them were not quite "broadcast ready". There was more focus on showing these video programmes, especially oral history interviews with elders, on VCRs in the school system, and in integrating them into various kinds of multimedia and hypermedia. While the Cultural Center had begun broadcasting (remotely through a radio modem) a weekly radio show, ‘Wakpa Waste’ (Good Morning CRST), on the radio station to the north, KLND-Standing Rock, there had never been any forays into TV broadcasting. The Cultural Center director had looked into the feasibility of putting up a television signal transmission tower, and had applied for a grant to erect one, but that grant was denied. The local cable system in Eagle Butte unfortunately lacked the technology to carry true "local access" programming; although the Channel 8 of the system carried CRST News and text announcements, there was no open channel available to carry locally produced public access programming. The way the cable system was set up, it was purely a "relay" or feed from news and channels from elsewhere. Also, people were investing heavily in satellite systems, especially the new DBS (direct broadcast satellite) receivers, and would not be able to pick up local access programmes anyway. The main problem hindering the Lakotas’ efforts to preserve their culture through TV and video was lack of access to broadcast distribution technology. They had the interest, the means, and the stock of programming to put on the air. They had the production and editing equipment, although not the studios to do a "live" show. Were they able to have more local access to and control over TV distribution technology, they would have a potent "arsenal" for resisting the drastic acculturation their community is undergoing. TV has the potential to be a tool for great cultural revitalisation, but because the technology and know-how for producing it was located elsewhere, the Lakotas could not benefit from it. Discussion I hypothesised that the effects if TV viewing on levels of indigenous acculturation would be negligible. The data support my hypothesis that TV does not seem to have a major correlation with other indices of acculturation. Previous studies by anthropologists such as Pace and Molohon suggested that TV was a key determinant in the acculturation of indigenous people in Brazil and the U.S. -– this being the theory of cultural imperialism. However, this research suggests that TV’s effect on the decline of indigenous culture is weak and inconclusive. In fact, the qualitative data suggest that the Lakota most familiar with TV are also the most interested in using it as a tool for cultural preservation. Although the CRST Lakota currently lack the means for mass broadcast of cultural programming, there is great interest in it, and new technologies such as the Internet and micro-broadcast may give them the means. There are other examples of this phenomenon worldwide, which suggest that the Lakota experience is not unique. In recent years, Australian Aborigines, Canadian Inuit, and Brazilian Kayapo have each begun ambitious efforts in creating satellite-based television networks that allow them to reach their far-flung populations with programming in their own indigenous language. In Australia, Aboriginal activists have created music television programming which has helped them assert their position in land claims disputes with the Australian government (Michaels 1994), and also to educate the Europeans of Australia about the aboriginal way of life. In Canada, the Inuit have also created satellite TV networks which are indigenous-owned and operated and carry traditional cultural programming (Valaskakis 1992). Like the Aborigines and the Inuit, the Lakota through their HVJ Lakota Cultural Center are beginning to create their own radio and video programming on a smaller scale, but are beginning to examine using the reservation's cable network to carry some of this material. Since my quantitative survey included only 33 respondents, the data are not as robust as would be determined from a larger sample. However, ethnographic interviews focussing on how people approach TV, as well as other qualitative data, support the inferences of the quantitative research. It is not clear that my work with the Lakota is necessarily generalisable to other populations. Practically, it does suggest that anthropologists interested in cultural and linguistic preservation should strive to increase indigenous access to, and control of, TV production technology. ‘Protecting’ indigenous groups from new technologies may cause more harm than good. Future applied anthropologists should work with the ‘natives’ and help teach them how to adopt and adapt this technology for their own purposes. Although this is a matter that I deal with more intensively in my dissertation, it also appears to me to be the case that, contrary to the warnings of Mander, many indigenous cultures are not being culturally assimilated by media technology, but instead are assimilating the technology into their own particular cultural contexts. The technology is part of a process of revitalisation or renewal -- although there is a definite process of change and adaptation underway, this actually represents an 'updating' of old cultural practices for new situations in an attempt to make them viable for the modern situation. Indeed, I think that the Internet, globally, is allowing indigenous people to reassert themselves as a Fourth World "power bloc" on the world stage, as linkages are being formed between Saami, Maya, Lakota, Kayapo, Inuit, and Aborigines. Further research should focus on: why TV seems to have a greater acculturative influence on certain indigenous groups rather than others; whether indigenous people can truly compete equally in the broadcast "marketplace" with Western cultural programming; and whether attempts to quantify the success of TV/video technology in cultural preservation and revival can truly demonstrate that this technology plays a positive role. In conclusion, social scientists may need to take a sidelong look at why precisely they have been such strong critics of introducing new technologies into indigenous societies. There is a better role that they can play –- that of technology ‘broker’. They can cooperate with indigenous groups, serving to facilitate the exchange of knowledge, expertise, and technology between them and the majority society. References Bell, Avril. "'An Endangered Species’: Local Programming in the New Zealand Television Market." Media, Culture & Society 17.1 (1995): 182-202. Gillespie, Marie. Television, Ethnicity, and Cultural Change. New York: Routledge, 1995. Graburn, Nelson. "Television and the Canadian Inuit". Inuit Etudes 6.2 (1982): 7-24. Michaels, Eric. Bad Aboriginal Art: Tradition, Media, and Technological Horizons. Minneapolis: U of Minnesota P, 1994. Molohon, K.T. "Responses to Television in Two Swampy Cree Communities on the West James Bay." Kroeber Anthropology Society Papers 63/64 (1982): 95-103. Pace, Richard. "First-Time Televiewing in Amazonia: Television Acculturation in Gurupa, Brazil." Ethnology 32.1 (1993): 187-206. Salween, Michael. "Cultural Imperialism: A Media Effects Approach." Critical Studies in Mass Communication 8.2 (1991): 29-39. Straubhaar, J. "Beyond Media Imperialism: Asymmetrical Interdependence and Cultural Proximity". Critical Studies in Mass Communication 8.1 (1991): 39-70. Valaskakis, Gail. "Communication, Culture, and Technology: Satellites and Northern Native Broadcasting in Canada". Ethnic Minority Media: An International Perspective. Newbury Park: Sage Publications, 1992. Weiner, J. "Televisualist Anthropology: Representation, Aesthetics, Politics." Current Anthropology 38.3 (1997): 197-236. Woll, Allen. Ethnic and Racial Images in American Film and Television: Historical Essays and Bibliography. New York: Garland Press, 1987. Zimmerman, M. "The Development of a Measure of Enculturation for Native American Youth." American Journal of Community Psychology 24.1 (1996): 295-311. Citation reference for this article MLA style: Steven Mizrach. "Natives on the Electronic Frontier: Television and Cultural Change on the Cheyenne River Sioux Reservation." M/C: A Journal of Media and Culture 3.6 (2000). [your date of access] <http://www.api-network.com/mc/0012/natives.php>. Chicago style: Steven Mizrach, "Natives on the Electronic Frontier: Television and Cultural Change on the Cheyenne River Sioux Reservation," M/C: A Journal of Media and Culture 3, no. 6 (2000), <http://www.api-network.com/mc/0012/natives.php> ([your date of access]). APA style: Steven Mizrach. (2000) Natives on the electronic frontier: television and cultural change on the Cheyenne River Sioux Reservation. M/C: A Journal of Media and Culture 3(6). <http://www.api-network.com/mc/0012/natives.php> ([your date of access]).

Introduction: Technology EnthusiasmEnthusiasts are people who have a passion, keenness, dedication or zeal for a particular activity or hobby. Today, there are enthusiasts for almost everything, from genealogy, costume dramas, and country houses, to metal detectors, coin collecting, and archaeology. But to be described as an enthusiast is not necessarily a compliment. Historically, the term “enthusiasm” was first used in England in the early seventeenth century to describe “religious or prophetic frenzy among the ancient Greeks” (Hanks, n.p.). This frenzy was ascribed to being possessed by spirits sent not only by God but also the devil. During this period, those who disobeyed the powers that be or claimed to have a message from God were considered to be enthusiasts (McLoughlin).Enthusiasm retained its religious connotations throughout the eighteenth century and was also used at this time to describe “the tendency within the population to be swept by crazes” (Mee 31). However, as part of the “rehabilitation of enthusiasm,” the emerging middle-classes adopted the word to characterise the intensity of Romantic poetry. The language of enthusiasm was then used to describe the “literary ideas of affect” and “a private feeling of religious warmth” (Mee 2 and 34). While the notion of enthusiasm was embraced here in a more optimistic sense, attempts to disassociate enthusiasm from crowd-inciting fanaticism were largely unsuccessful. As such enthusiasm has never quite managed to shake off its pejorative connotations.The 'enthusiasm' discussed in this paper is essentially a personal passion for technology. It forms part of a longer tradition of historical preservation in the United Kingdom and elsewhere in the world. From preserved railways to Victorian pumping stations, people have long been fascinated by the history of technology and engineering; manifesting their enthusiasm through their nostalgic longings and emotional attachment to its enduring material culture. Moreover, enthusiasts have been central to the collection, conservation, and preservation of this particular material record. Technology enthusiasm in this instance is about having a passion for the history and material record of technological development, specifically here industrial archaeology. Despite being a pastime much participated in, technology enthusiasm is relatively under-explored within the academic literature. For the most part, scholarship has tended to focus on the intended users, formal spaces, and official narratives of science and technology (Adas, Latour, Mellström, Oldenziel). In recent years attempts have been made to remedy this imbalance, with researchers from across the social sciences examining the position of hobbyists, tinkerers and amateurs in scientific and technical culture (Ellis and Waterton, Haring, Saarikoski, Takahashi). Work from historians of technology has focussed on the computer enthusiast; for example, Saarikoski’s work on the Finnish personal computer hobby:The definition of the computer enthusiast varies historically. Personal interest, pleasure and entertainment are the most significant factors defining computing as a hobby. Despite this, the hobby may also lead to acquiring useful knowledge, skills or experience of information technology. Most often the activity takes place outside working hours but can still have links to the development of professional expertise or the pursuit of studies. In many cases it takes place in the home environment. On the other hand, it is characteristically social, and the importance of friends, clubs and other communities is greatly emphasised.In common with a number of other studies relating to technical hobbies, for example Takahashi who argues tinkerers were behind the advent of the radio and television receiver, Saarikoski’s work focuses on the role these users played in shaping the technology in question. The enthusiasts encountered in this paper are important here not for their role in shaping the technology, but keeping technological heritage alive. As historian of technology Haring reminds us, “there exist alternative ways of using and relating to technology” (18). Furthermore, the sociological literature on audiences (Abercrombie and Longhurst, Ang), fans (Hills, Jenkins, Lewis, Sandvoss) and subcultures (Hall, Hebdige, Schouten and McAlexander) has also been extended in order to account for the enthusiast. In Abercrombie and Longhurst’s Audiences, the authors locate ‘the enthusiast’ and ‘the fan’ at opposing ends of a continuum of consumption defined by questions of specialisation of interest, social organisation of interest and material productivity. Fans are described as:skilled or competent in different modes of production and consumption; active in their interactions with texts and in their production of new texts; and communal in that they construct different communities based on their links to the programmes they like. (127 emphasis in original) Based on this definition, Abercrombie and Longhurst argue that fans and enthusiasts differ in three ways: (1) enthusiasts’ activities are not based around media images and stars in the way that fans’ activities are; (2) enthusiasts can be hypothesized to be relatively light media users, particularly perhaps broadcast media, though they may be heavy users of the specialist publications which are directed towards the enthusiasm itself; (3) the enthusiasm would appear to be rather more organised than the fan activity. (132) What is striking about this attempt to differentiate between the fan and the enthusiast is that it is based on supposition rather than the actual experience and observation of enthusiasm. It is here that the ethnographic account of enthusiasm presented in this paper and elsewhere, for example works by Dannefer on vintage car culture, Moorhouse on American hot-rodding and Fuller on modified-car culture in Australia, can shed light on the subject. My own ethnographic study of groups with a passion for telecommunications heritage, early British computers and industrial archaeology takes the discussion of “technology enthusiasm” further still. Through in-depth interviews, observation and textual analysis, I have examined in detail the formation of enthusiast societies and their membership, the importance of the material record to enthusiasts (particularly at home) and the enthusiastic practices of collecting and hoarding, as well as the figure of the technology enthusiast in the public space of the museum, namely the Science Museum in London (Geoghegan). In this paper, I explore the culture of enthusiasm for the industrial past through the example of the Greater London Industrial Archaeology Society (GLIAS). Focusing on industrial sites around London, GLIAS meet five or six times a year for field visits, walks and a treasure hunt. The committee maintain a website and produce a quarterly newsletter. The title of my paper, “If you can walk down the street and recognise the difference between cast iron and wrought iron, the world is altogether a better place,” comes from an interview I conducted with the co-founder and present chairman of GLIAS. He was telling me about his fascination with the materials of industrialisation. In fact, he said even concrete is sexy. Some call it a hobby; others call it a disease. But enthusiasm for industrial archaeology is, as several respondents have themselves identified, “as insidious in its side effects as any debilitating germ. It dictates your lifestyle, organises your activity and decides who your friends are” (Frow and Frow 177, Gillespie et al.). Through the figure of the industrial archaeology enthusiast, I discuss in this paper what it means to be enthusiastic. I begin by reflecting on the development of this specialist subject area. I go on to detail the formation of the Society in the late 1960s, before exploring the Society’s fieldwork methods and some of the other activities they now engage in. I raise questions of enthusiast and professional knowledge and practice, as well as consider the future of this particular enthusiasm.Defining Industrial ArchaeologyThe practice of 'industrial archaeology' is much contested. For a long time, enthusiasts and professional archaeologists have debated the meaning and use of the term (Palmer). On the one hand, there are those interested in the history, preservation, and recording of industrial sites. For example the grandfather figures of the subject, namely Kenneth Hudson and Angus Buchanan, who both published widely in the 1960s and 1970s in order to encourage publics to get involved in recording. Many members of GLIAS refer to the books of Hudson Industrial Archaeology: an Introduction and Buchanan Industrial Archaeology in Britain with their fine descriptions and photographs as integral to their early interest in the subject. On the other hand, there are those within the academic discipline of archaeology who consider the study of remains produced by the Industrial Revolution as too modern. Moreover, they find the activities of those calling themselves industrial archaeologists as lacking sufficient attention to the understanding of past human activity to justify the name. As a result, the definition of 'industrial archaeology' is problematic for both enthusiasts and professionals. Even the early advocates of professional industrial archaeology felt uneasy about the subject’s methods and practices. In 1973, Philip Riden (described by one GLIAS member as the angry young man of industrial archaeology), the then president of the Oxford University Archaeology Society, wrote a damning article in Antiquity, calling for the subject to “shed the amateur train drivers and others who are not part of archaeology” (215-216). He decried the “appallingly low standard of some of the work done under the name of ‘industrial archaeology’” (211). He felt that if enthusiasts did not attempt to maintain high technical standards, publish their work in journals or back up their fieldwork with documentary investigation or join their county archaeological societies then there was no value in the efforts of these amateurs. During this period, enthusiasts, academics, and professionals were divided. What was wrong with doing something for the pleasure it provides the participant?Although relations today between the so-called amateur (enthusiast) and professional archaeologies are less potent, some prejudice remains. Describing them as “barrow boys”, some enthusiasts suggest that what was once their much-loved pastime has been “hijacked” by professional archaeologists who, according to one respondent,are desperate to find subjects to get degrees in. So the whole thing has been hijacked by academia as it were. Traditional professional archaeologists in London at least are running head on into things that we have been doing for decades and they still don’t appreciate that this is what we do. A lot of assessments are handed out to professional archaeology teams who don’t necessarily have any knowledge of industrial archaeology. (James, GLIAS committee member)James went on to reveal that GLIAS receives numerous enquiries from professional archaeologists, developers and town planners asking what they know about particular sites across the city. Although the Society has compiled a detailed database covering some areas of London, it is by no means comprehensive. In addition, many active members often record and monitor sites in London for their own personal enjoyment. This leaves many questioning the need to publish their results for the gain of third parties. Canadian sociologist Stebbins discusses this situation in his research on “serious leisure”. He has worked extensively with amateur archaeologists in order to understand their approach to their leisure activity. He argues that amateurs are “neither dabblers who approach the activity with little commitment or seriousness, nor professionals who make a living from that activity” (55). Rather they pursue their chosen leisure activity to professional standards. A point echoed by Fine in his study of the cultures of mushrooming. But this is to get ahead of myself. How did GLIAS begin?GLIAS: The GroupThe 1960s have been described by respondents as a frantic period of “running around like headless chickens.” Enthusiasts of London’s industrial archaeology were witnessing incredible changes to the city’s industrial landscape. Individuals and groups like the Thames Basin Archaeology Observers Group were recording what they could. Dashing around London taking photos to capture London’s industrial legacy before it was lost forever. However the final straw for many, in London at least, was the proposed and subsequent demolition of the “Euston Arch”. The Doric portico at Euston Station was completed in 1838 and stood as a symbol to the glory of railway travel. Despite strong protests from amenity societies, this Victorian symbol of progress was finally pulled down by British Railways in 1962 in order to make way for what enthusiasts have called a “monstrous concrete box”.In response to these changes, GLIAS was founded in 1968 by two engineers and a locomotive driver over afternoon tea in a suburban living room in Woodford, North-East London. They held their first meeting one Sunday afternoon in December at the Science Museum in London and attracted over 130 people. Firing the imagination of potential members with an exhibition of photographs of the industrial landscape taken by Eric de Maré, GLIAS’s first meeting was a success. Bringing together like-minded people who are motivated and enthusiastic about the subject, GLIAS currently has over 600 members in the London area and beyond. This makes it the largest industrial archaeology society in the UK and perhaps Europe. Drawing some of its membership from a series of evening classes hosted by various members of the Society’s committee, GLIAS initially had a quasi-academic approach. Although some preferred the hands-on practical element and were more, as has been described by one respondent, “your free-range enthusiast”. The society has an active committee, produces a newsletter and journal, as well as runs regular events for members. However the Society is not simply about the study of London’s industrial heritage, over time the interest in industrial archaeology has developed for some members into long-term friendships. Sociability is central to organised leisure activities. It underpins and supports the performance of enthusiasm in groups and societies. For Fine, sociability does not always equal friendship, but it is the state from which people might become friends. Some GLIAS members have taken this one step further: there have even been a couple of marriages. Although not the subject of my paper, technical culture is heavily gendered. Industrial archaeology is a rare exception attracting a mixture of male and female participants, usually retired husband and wife teams.Doing Industrial Archaeology: GLIAS’s Method and PracticeIn what has been described as GLIAS’s heyday, namely the 1970s to early 1980s, fieldwork was fundamental to the Society’s activities. The Society’s approach to fieldwork during this period was much the same as the one described by champion of industrial archaeology Arthur Raistrick in 1973:photographing, measuring, describing, and so far as possible documenting buildings, engines, machinery, lines of communication, still or recently in use, providing a satisfactory record for the future before the object may become obsolete or be demolished. (13)In the early years of GLIAS and thanks to the committed efforts of two active Society members, recording parties were organised for extended lunch hours and weekends. The majority of this early fieldwork took place at the St Katherine Docks. The Docks were constructed in the 1820s by Thomas Telford. They became home to the world’s greatest concentration of portable wealth. Here GLIAS members learnt and employed practical (also professional) skills, such as measuring, triangulations and use of a “dumpy level”. For many members this was an incredibly exciting time. It was a chance to gain hands-on experience of industrial archaeology. Having been left derelict for many years, the Docks have since been redeveloped as part of the Docklands regeneration project.At this time the Society was also compiling data for what has become known to members as “The GLIAS Book”. The book was to have separate chapters on the various industrial histories of London with contributions from Society members about specific sites. Sadly the book’s editor died and the project lost impetus. Several years ago, the committee managed to digitise the data collected for the book and began to compile a database. However, the GLIAS database has been beset by problems. Firstly, there are often questions of consistency and coherence. There is a standard datasheet for recording industrial buildings – the Index Record for Industrial Sites. However, the quality of each record is different because of the experience level of the different authors. Some authors are automatically identified as good or expert record keepers. Secondly, getting access to the database in order to upload the information has proved difficult. As one of the respondents put it: “like all computer babies [the creator of the database], is finding it hard to give birth” (Sally, GLIAS member). As we have learnt enthusiasm is integral to movements such as industrial archaeology – public historian Raphael Samuel described them as the “invisible hands” of historical enquiry. Yet, it is this very enthusiasm that has the potential to jeopardise projects such as the GLIAS book. Although active in their recording practices, the GLIAS book saga reflects one of the challenges encountered by enthusiast groups and societies. In common with other researchers studying amenity societies, such as Ellis and Waterton’s work with amateur naturalists, unlike the world of work where people are paid to complete a task and are therefore meant to have a singular sense of purpose, the activities of an enthusiast group like GLIAS rely on the goodwill of their members to volunteer their time, energy and expertise. When this is lost for whatever reason, there is no requirement for any other member to take up that position. As such, levels of commitment vary between enthusiasts and can lead to the aforementioned difficulties, such as disputes between group members, the occasional miscommunication of ideas and an over-enthusiasm for some parts of the task in hand. On top of this, GLIAS and societies like it are confronted with changing health and safety policies and tightened security surrounding industrial sites. This has made the practical side of industrial archaeology increasingly difficult. As GLIAS member Bob explains:For me to go on site now I have to wear site boots and borrow a hard hat and a high visibility jacket. Now we used to do incredibly dangerous things in the seventies and nobody batted an eyelid. You know we were exploring derelict buildings, which you are virtually not allowed in now because the floor might give way. Again the world has changed a lot there. GLIAS: TodayGLIAS members continue to record sites across London. Some members are currently surveying the site chosen as the location of the Olympic Games in London in 2012 – the Lower Lea Valley. They describe their activities at this site as “rescue archaeology”. GLIAS members are working against the clock and some important structures have already been demolished. They only have time to complete a quick flash survey. Armed with the information they collated in previous years, GLIAS is currently in discussions with the developer to orchestrate a detailed recording of the site. It is important to note here that GLIAS members are less interested in campaigning for the preservation of a site or building, they appreciate that sites must change. Instead they want to ensure that large swathes of industrial London are not lost without a trace. Some members regard this as their public duty.Restricted by health and safety mandates and access disputes, GLIAS has had to adapt. The majority of practical recording sessions have given way to guided walks in the summer and public lectures in the winter. Some respondents have identified a difference between those members who call themselves “industrial archaeologists” and those who are just “ordinary members” of GLIAS. The walks are for those with a general interest, not serious members, and the talks are public lectures. Some audience researchers have used Bourdieu’s metaphor of “capital” to describe the experience, knowledge and skill required to be a fan, clubber or enthusiast. For Hills, fan status is built up through the demonstration of cultural capital: “where fans share a common interest while also competing over fan knowledge, access to the object of fandom, and status” (46). A clear membership hierarchy can be seen within GLIAS based on levels of experience, knowledge and practical skill.With a membership of over 600 and rising annually, the Society’s future is secure at present. However some of the more serious members, although retaining their membership, are pursuing their enthusiasm elsewhere: through break-away recording groups in London; active membership of other groups and societies, for example the national Association for Industrial Archaeology; as well as heading off to North Wales in the summer for practical, hands-on industrial archaeology in Snowdonia’s slate quarries – described in the Ffestiniog Railway Journal as the “annual convention of slate nutters.” ConclusionsGLIAS has changed since its foundation in the late 1960s. Its operation has been complicated by questions of health and safety, site access, an ageing membership, and the constant changes to London’s industrial archaeology. Previously rejected by professional industrial archaeology as “limited in skill and resources” (Riden), enthusiasts are now approached by professional archaeologists, developers, planners and even museums that are interested in engaging in knowledge exchange programmes. As a recent report from the British think-tank Demos has argued, enthusiasts or pro-ams – “amateurs who work to professional standards” (Leadbeater and Miller 12) – are integral to future innovation and creativity; for example computer pro-ams developed an operating system to rival Microsoft Windows. As such the specialist knowledge, skill and practice of these communities is of increasing interest to policymakers, practitioners, and business. So, the subject once described as “the ugly offspring of two parents that shouldn’t have been allowed to breed” (Hudson), the so-called “amateur” industrial archaeology offers enthusiasts and professionals alike alternative ways of knowing, seeing and being in the recent and contemporary past.Through the case study of GLIAS, I have described what it means to be enthusiastic about industrial archaeology. I have introduced a culture of collective and individual participation and friendship based on a mutual interest in and emotional attachment to industrial sites. As we have learnt in this paper, enthusiasm is about fun, pleasure and joy. The enthusiastic culture presented here advances themes such as passion in relation to less obvious communities of knowing, skilled practices, material artefacts and spaces of knowledge. Moreover, this paper has been about the affective narratives that are sometimes missing from academic accounts; overlooked for fear of sniggers at the back of a conference hall. Laughter and humour are a large part of what enthusiasm is. Enthusiastic cultures then are about the pleasure and joy experienced in doing things. Enthusiasm is clearly a potent force for active participation. I will leave the last word to GLIAS member John:One meaning of enthusiasm is as a form of possession, madness. Obsession perhaps rather than possession, which I think is entirely true. It is a pejorative term probably. The railway enthusiast. But an awful lot of energy goes into what they do and achieve. Enthusiasm to my mind is an essential ingredient. If you are not a person who can muster enthusiasm, it is very difficult, I think, to get anything out of it. On the basis of the more you put in the more you get out. 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The term “coffee palace” was primarily used in Australia to describe the temperance hotels that were built in the last decades of the 19th century, although there are references to the term also being used to a lesser extent in the United Kingdom (Denby 174). Built in response to the worldwide temperance movement, which reached its pinnacle in the 1880s in Australia, coffee palaces were hotels that did not serve alcohol. This was a unique time in Australia’s architectural development as the economic boom fuelled by the gold rush in the 1850s, and the demand for ostentatious display that gathered momentum during the following years, afforded the use of richly ornamental High Victorian architecture and resulted in very majestic structures; hence the term “palace” (Freeland 121). The often multi-storied coffee palaces were found in every capital city as well as regional areas such as Geelong and Broken Hill, and locales as remote as Maria Island on the east coast of Tasmania. Presented as upholding family values and discouraging drunkenness, the coffee palaces were most popular in seaside resorts such as Barwon Heads in Victoria, where they catered to families. Coffee palaces were also constructed on a grand scale to provide accommodation for international and interstate visitors attending the international exhibitions held in Sydney (1879) and Melbourne (1880 and 1888). While the temperance movement lasted well over 100 years, the life of coffee palaces was relatively short-lived. Nevertheless, coffee palaces were very much part of Australia’s cultural landscape. In this article, I examine the rise and demise of coffee palaces associated with the temperance movement and argue that coffee palaces established in the name of abstinence were modelled on the coffee houses that spread throughout Europe and North America in the 17th and 18th centuries during the Enlightenment—a time when the human mind could be said to have been liberated from inebriation and the dogmatic state of ignorance. The Temperance Movement At a time when newspapers are full of lurid stories about binge-drinking and the alleged ill-effects of the liberalisation of licensing laws, as well as concerns over the growing trend of marketing easy-to-drink products (such as the so-called “alcopops”) to teenagers, it is difficult to think of a period when the total suppression of the alcohol trade was seriously debated in Australia. The cause of temperance has almost completely vanished from view, yet for well over a century—from 1830 to the outbreak of the Second World War—the control or even total abolition of the liquor trade was a major political issue—one that split the country, brought thousands onto the streets in demonstrations, and influenced the outcome of elections. Between 1911 and 1925 referenda to either limit or prohibit the sale of alcohol were held in most States. While moves to bring about abolition failed, Fitzgerald notes that almost one in three Australian voters expressed their support for prohibition of alcohol in their State (145). Today, the temperance movement’s platform has largely been forgotten, killed off by the practical example of the United States, where prohibition of the legal sale of alcohol served only to hand control of the liquor traffic to organised crime. Coffee Houses and the Enlightenment Although tea has long been considered the beverage of sobriety, it was coffee that came to be regarded as the very antithesis of alcohol. When the first coffee house opened in London in the early 1650s, customers were bewildered by this strange new drink from the Middle East—hot, bitter, and black as soot. But those who tried coffee were, reports Ellis, soon won over, and coffee houses were opened across London, Oxford, and Cambridge and, in the following decades, Europe and North America. Tea, equally exotic, entered the English market slightly later than coffee (in 1664), but was more expensive and remained a rarity long after coffee had become ubiquitous in London (Ellis 123-24). The impact of the introduction of coffee into Europe during the seventeenth century was particularly noticeable since the most common beverages of the time, even at breakfast, were weak “small beer” and wine. Both were safer to drink than water, which was liable to be contaminated. Coffee, like beer, was made using boiled water and, therefore, provided a new and safe alternative to alcoholic drinks. There was also the added benefit that those who drank coffee instead of alcohol began the day alert rather than mildly inebriated (Standage 135). It was also thought that coffee had a stimulating effect upon the “nervous system,” so much so that the French called coffee une boisson intellectuelle (an intellectual beverage), because of its stimulating effect on the brain (Muskett 71). In Oxford, the British called their coffee houses “penny universities,” a penny then being the price of a cup of coffee (Standage 158). Coffee houses were, moreover, more than places that sold coffee. Unlike other institutions of the period, rank and birth had no place (Ellis 59). The coffee house became the centre of urban life, creating a distinctive social culture by treating all customers as equals. Egalitarianism, however, did not extend to women—at least not in London. Around its egalitarian (but male) tables, merchants discussed and conducted business, writers and poets held discussions, scientists demonstrated experiments, and philosophers deliberated ideas and reforms. For the price of a cup (or “dish” as it was then known) of coffee, a man could read the latest pamphlets and newsletters, chat with other patrons, strike business deals, keep up with the latest political gossip, find out what other people thought of a new book, or take part in literary or philosophical discussions. Like today’s Internet, Twitter, and Facebook, Europe’s coffee houses functioned as an information network where ideas circulated and spread from coffee house to coffee house. In this way, drinking coffee in the coffee house became a metaphor for people getting together to share ideas in a sober environment, a concept that remains today. According to Standage, this information network fuelled the Enlightenment (133), prompting an explosion of creativity. Coffee houses provided an entirely new environment for political, financial, scientific, and literary change, as people gathered, discussed, and debated issues within their walls. Entrepreneurs and scientists teamed up to form companies to exploit new inventions and discoveries in manufacturing and mining, paving the way for the Industrial Revolution (Standage 163). The stock market and insurance companies also had their birth in the coffee house. As a result, coffee was seen to be the epitome of modernity and progress and, as such, was the ideal beverage for the Age of Reason. By the 19th century, however, the era of coffee houses had passed. Most of them had evolved into exclusive men’s clubs, each geared towards a certain segment of society. Tea was now more affordable and fashionable, and teahouses, which drew clientele from both sexes, began to grow in popularity. Tea, however, had always been Australia’s most popular non-alcoholic drink. Tea (and coffee) along with other alien plants had been part of the cargo unloaded onto Australian shores with the First Fleet in 1788. Coffee, mainly from Brazil and Jamaica, remained a constant import but was taxed more heavily than tea and was, therefore, more expensive. Furthermore, tea was much easier to make than coffee. To brew tea, all that is needed is to add boiling water, coffee, in contrast, required roasting, grinding and brewing. According to Symons, until the 1930s, Australians were the largest consumers of tea in the world (19). In spite of this, and as coffee, since its introduction into Europe, was regarded as the antidote to alcohol, the temperance movement established coffee palaces. In the early 1870s in Britain, the temperance movement had revived the coffee house to provide an alternative to the gin taverns that were so attractive to the working classes of the Industrial Age (Clarke 5). Unlike the earlier coffee house, this revived incarnation provided accommodation and was open to men, women and children. “Cheap and wholesome food,” was available as well as reading rooms supplied with newspapers and periodicals, and games and smoking rooms (Clarke 20). In Australia, coffee palaces did not seek the working classes, as clientele: at least in the cities they were largely for the nouveau riche. Coffee Palaces The discovery of gold in 1851 changed the direction of the Australian economy. An investment boom followed, with an influx of foreign funds and English banks lending freely to colonial speculators. By the 1880s, the manufacturing and construction sectors of the economy boomed and land prices were highly inflated. Governments shared in the wealth and ploughed money into urban infrastructure, particularly railways. Spurred on by these positive economic conditions and the newly extended inter-colonial rail network, international exhibitions were held in both Sydney and Melbourne. To celebrate modern technology and design in an industrial age, international exhibitions were phenomena that had spread throughout Europe and much of the world from the mid-19th century. According to Davison, exhibitions were “integral to the culture of nineteenth century industrialising societies” (158). In particular, these exhibitions provided the colonies with an opportunity to demonstrate to the world their economic power and achievements in the sciences, the arts and education, as well as to promote their commerce and industry. Massive purpose-built buildings were constructed to house the exhibition halls. In Sydney, the Garden Palace was erected in the Botanic Gardens for the 1879 Exhibition (it burnt down in 1882). In Melbourne, the Royal Exhibition Building, now a World Heritage site, was built in the Carlton Gardens for the 1880 Exhibition and extended for the 1888 Centennial Exhibition. Accommodation was required for the some one million interstate and international visitors who were to pass through the gates of the Garden Palace in Sydney. To meet this need, the temperance movement, keen to provide alternative accommodation to licensed hotels, backed the establishment of Sydney’s coffee palaces. The Sydney Coffee Palace Hotel Company was formed in 1878 to operate and manage a number of coffee palaces constructed during the 1870s. These were designed to compete with hotels by “offering all the ordinary advantages of those establishments without the allurements of the drink” (Murdoch). Coffee palaces were much more than ordinary hotels—they were often multi-purpose or mixed-use buildings that included a large number of rooms for accommodation as well as ballrooms and other leisure facilities to attract people away from pubs. As the Australian Town and Country Journal reveals, their services included the supply of affordable, wholesome food, either in the form of regular meals or occasional refreshments, cooked in kitchens fitted with the latest in culinary accoutrements. These “culinary temples” also provided smoking rooms, chess and billiard rooms, and rooms where people could read books, periodicals and all the local and national papers for free (121). Similar to the coffee houses of the Enlightenment, the coffee palaces brought businessmen, artists, writers, engineers, and scientists attending the exhibitions together to eat and drink (non-alcoholic), socialise and conduct business. The Johnson’s Temperance Coffee Palace located in York Street in Sydney produced a practical guide for potential investors and businessmen titled International Exhibition Visitors Pocket Guide to Sydney. It included information on the location of government departments, educational institutions, hospitals, charitable organisations, and embassies, as well as a list of the tariffs on goods from food to opium (1–17). Women, particularly the Woman’s Christian Temperance Union (WCTU) were a formidable force in the temperance movement (intemperance was generally regarded as a male problem and, more specifically, a husband problem). Murdoch argues, however, that much of the success of the push to establish coffee palaces was due to male politicians with business interests, such as the one-time Victorian premiere James Munro. Considered a stern, moral church-going leader, Munro expanded the temperance movement into a fanatical force with extraordinary power, which is perhaps why the temperance movement had its greatest following in Victoria (Murdoch). Several prestigious hotels were constructed to provide accommodation for visitors to the international exhibitions in Melbourne. Munro was responsible for building many of the city’s coffee palaces, including the Victoria (1880) and the Federal Coffee Palace (1888) in Collins Street. After establishing the Grand Coffee Palace Company, Munro took over the Grand Hotel (now the Windsor) in 1886. Munro expanded the hotel to accommodate some of the two million visitors who were to attend the Centenary Exhibition, renamed it the Grand Coffee Palace, and ceremoniously burnt its liquor licence at the official opening (Murdoch). By 1888 there were more than 50 coffee palaces in the city of Melbourne alone and Munro held thousands of shares in coffee palaces, including those in Geelong and Broken Hill. With its opening planned to commemorate the centenary of the founding of Australia and the 1888 International Exhibition, the construction of the Federal Coffee Palace, one of the largest hotels in Australia, was perhaps the greatest monument to the temperance movement. Designed in the French Renaissance style, the façade was embellished with statues, griffins and Venus in a chariot drawn by four seahorses. The building was crowned with an iron-framed domed tower. New passenger elevators—first demonstrated at the Sydney Exhibition—allowed the building to soar to seven storeys. According to the Federal Coffee Palace Visitor’s Guide, which was presented to every visitor, there were three lifts for passengers and others for luggage. Bedrooms were located on the top five floors, while the stately ground and first floors contained majestic dining, lounge, sitting, smoking, writing, and billiard rooms. There were electric service bells, gaslights, and kitchens “fitted with the most approved inventions for aiding proficients [sic] in the culinary arts,” while the luxury brand Pears soap was used in the lavatories and bathrooms (16–17). In 1891, a spectacular financial crash brought the economic boom to an abrupt end. The British economy was in crisis and to meet the predicament, English banks withdrew their funds in Australia. There was a wholesale collapse of building companies, mortgage banks and other financial institutions during 1891 and 1892 and much of the banking system was halted during 1893 (Attard). Meanwhile, however, while the eastern States were in the economic doldrums, gold was discovered in 1892 at Coolgardie and Kalgoorlie in Western Australia and, within two years, the west of the continent was transformed. As gold poured back to the capital city of Perth, the long dormant settlement hurriedly caught up and began to emulate the rest of Australia, including the construction of ornately detailed coffee palaces (Freeman 130). By 1904, Perth had 20 coffee palaces. When the No. 2 Coffee Palace opened in Pitt Street, Sydney, in 1880, the Australian Town and Country Journal reported that coffee palaces were “not only fashionable, but appear to have acquired a permanent footing in Sydney” (121). The coffee palace era, however, was relatively short-lived. Driven more by reformist and economic zeal than by good business sense, many were in financial trouble when the 1890’s Depression hit. Leading figures in the temperance movement were also involved in land speculation and building societies and when these schemes collapsed, many, including Munro, were financially ruined. Many of the palaces closed or were forced to apply for liquor licences in order to stay afloat. Others developed another life after the temperance movement’s influence waned and the coffee palace fad faded, and many were later demolished to make way for more modern buildings. The Federal was licensed in 1923 and traded as the Federal Hotel until its demolition in 1973. The Victoria, however, did not succumb to a liquor licence until 1967. The Sydney Coffee Palace in Woolloomooloo became the Sydney Eye Hospital and, more recently, smart apartments. Some fine examples still survive as reminders of Australia’s social and cultural heritage. The Windsor in Melbourne’s Spring Street and the Broken Hill Hotel, a massive three-story iconic pub in the outback now called simply “The Palace,” are some examples. Tea remained the beverage of choice in Australia until the 1950s when the lifting of government controls on the importation of coffee and the influence of American foodways coincided with the arrival of espresso-loving immigrants. As Australians were introduced to the espresso machine, the short black, the cappuccino, and the café latte and (reminiscent of the Enlightenment), the post-war malaise was shed in favour of the energy and vigour of modernist thought and creativity, fuelled in at least a small part by caffeine and the emergent café culture (Teffer). Although the temperance movement’s attempt to provide an alternative to the ubiquitous pubs failed, coffee has now outstripped the consumption of tea and today’s café culture ensures that wherever coffee is consumed, there is the possibility of a continuation of the Enlightenment’s lively discussions, exchange of news, and dissemination of ideas and information in a sober environment. References Attard, Bernard. “The Economic History of Australia from 1788: An Introduction.” EH.net Encyclopedia. 5 Feb. (2012) ‹http://eh.net/encyclopedia/article/attard.australia›. Blainey, Anna. “The Prohibition and Total Abstinence Movement in Australia 1880–1910.” Food, Power and Community: Essays in the History of Food and Drink. Ed. Robert Dare. Adelaide: Wakefield Press, 1999. 142–52. Boyce, Francis Bertie. “Shall I Vote for No License?” An address delivered at the Convention of the Parramatta Branch of New South Wales Alliance, 3 September 1906. 3rd ed. Parramatta: New South Wales Alliance, 1907. Clarke, James Freeman. Coffee Houses and Coffee Palaces in England. Boston: George H. Ellis, 1882. “Coffee Palace, No. 2.” Australian Town and Country Journal. 17 Jul. 1880: 121. Davison, Graeme. “Festivals of Nationhood: The International Exhibitions.” Australian Cultural History. Eds. S. L. Goldberg and F. B. Smith. Cambridge: Cambridge UP, 1989. 158–77. Denby, Elaine. Grand Hotels: Reality and Illusion. London: Reaktion Books, 2002. Ellis, Markman. The Coffee House: A Cultural History. London: Weidenfeld & Nicolson, 2004. Federal Coffee Palace. The Federal Coffee Palace Visitors’ Guide to Melbourne, Its Suburbs, and Other Parts of the Colony of Victoria: Views of the Principal Public and Commercial Buildings in Melbourne, With a Bird’s Eye View of the City; and History of the Melbourne International Exhibition of 1880, etc. Melbourne: Federal Coffee House Company, 1888. Fitzgerald, Ross, and Trevor Jordan. Under the Influence: A History of Alcohol in Australia. Sydney: Harper Collins, 2009. Freeland, John. The Australian Pub. Melbourne: Sun Books, 1977. Johnson’s Temperance Coffee Palace. International Exhibition Visitors Pocket Guide to Sydney, Restaurant and Temperance Hotel. Sydney: Johnson’s Temperance Coffee Palace, 1879. Mitchell, Ann M. “Munro, James (1832–1908).” Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National U, 2006-12. 5 Feb. 2012 ‹http://adb.anu.edu.au/biography/munro-james-4271/text6905›. Murdoch, Sally. “Coffee Palaces.” Encyclopaedia of Melbourne. Eds. Andrew Brown-May and Shurlee Swain. 5 Feb. 2012 ‹http://www.emelbourne.net.au/biogs/EM00371b.htm›. Muskett, Philip E. The Art of Living in Australia. New South Wales: Kangaroo Press, 1987. Standage, Tom. A History of the World in 6 Glasses. New York: Walker & Company, 2005. Sydney Coffee Palace Hotel Company Limited. Memorandum of Association of the Sydney Coffee Palace Hotel Company, Ltd. Sydney: Samuel Edward Lees, 1879. Symons, Michael. One Continuous Picnic: A Gastronomic History of Australia. Melbourne: Melbourne UP, 2007. Teffer, Nicola. Coffee Customs. Exhibition Catalogue. Sydney: Customs House, 2005.

IntroductionThe Internet (especially in the so-called Web 2.0 phase), digital media and file-sharing networks have thrust copyright law under public scrutiny, provoking discourses questioning what is fair in the digital age. Accessible hardware and software has led to prosumerism – creativity blending media consumption with media production to create new works that are freely disseminated online via popular video-sharing Web sites such as YouTube or genre specific music sites like GYBO (“Get Your Bootleg On”) amongst many others. The term “prosumer” is older than the Web, and the conceptual convergence of producer and consumer roles is certainly not new, for “at electric speeds the consumer becomes producer as the public becomes participant role player” (McLuhan 4). Similarly, Toffler’s “Third Wave” challenges “old power relationships” and promises to “heal the historic breach between producer and consumer, giving rise to the ‘prosumer’ economics” (27). Prosumption blurs the traditionally separate consumer and producer creating a new creative era of mass customisation of artefacts culled from the (copyrighted) media landscape (Tapscott 62-3). Simultaneously, corporate interests dependent upon the protections provided by copyright law lobby for augmented rights and actively defend their intellectual property through law suits, takedown notices and technological reinforcement. Despite a lack demonstrable economic harm in many cases, the propertarian approach is winning and frequently leading to absurd results (Collins).The balance between private and public interests in creative works is facilitated by the doctrine of fair use (as codified in the United States Copyright Act 1976, section 107). The majority of copyright laws contain “fair” exceptions to claims of infringement, but fair use is characterised by a flexible, open-ended approach that allows the law to flex with the times. Until recently the defence was unique to the U.S., but on 2 January Israel amended its copyright laws to include a fair use defence. (For an overview of the new Israeli fair use exception, see Efroni.) Despite its flexibility, fair use has been systematically eroded by ever encroaching copyrights. This paper argues that copyright enforcement has spun out of control and the raison d’être of the law has shifted from being “an engine of free expression” (Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539, 558 (1985)) towards a “legal regime for intellectual property that increasingly looks like the law of real property, or more properly an idealized construct of that law, one in which courts seeks out and punish virtually any use of an intellectual property right by another” (Lemley 1032). Although the copyright landscape appears bleak, two recent cases suggest that fair use has not fallen by the wayside and may well recover. This paper situates fair use as an essential legal and cultural mechanism for optimising creative expression.A Brief History of CopyrightThe law of copyright extends back to eighteenth century England when the Statute of Anne (1710) was enacted. Whilst the length of this paper precludes an in depth analysis of the law and its export to the U.S., it is important to stress the goals of copyright. “Copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (Vaidhyanathan 11). Copyright was designed as a right limited in scope and duration to ensure that culturally important creative works were not the victims of monopolies and were free (as later mandated in the U.S. Constitution) “to promote the progress.” During the 18th century English copyright discourse Lord Camden warned against propertarian approaches lest “all our learning will be locked up in the hands of the Tonsons and the Lintons of the age, who will set what price upon it their avarice chooses to demand, till the public become as much their slaves, as their own hackney compilers are” (Donaldson v. Becket 17 Cobbett Parliamentary History, col. 1000). Camden’s sentiments found favour in subsequent years with members of the North American judiciary reiterating that copyright was a limited right in the interests of society—the law’s primary beneficiary (see for example, Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994]). Putting the “Fair” in Fair UseIn Folsom v. Marsh 9 F. Cas. 342 (C.C.D. Mass. 1841) (No. 4,901) Justice Storey formulated the modern shape of fair use from a wealth of case law extending back to 1740 and across the Atlantic. Over the course of one hundred years the English judiciary developed a relatively cohesive set of principles governing the use of a first author’s work by a subsequent author without consent. Storey’s synthesis of these principles proved so comprehensive that later English courts would look to his decision for guidance (Scott v. Stanford L.R. 3 Eq. 718, 722 (1867)). Patry explains fair use as integral to the social utility of copyright to “encourage. . . learned men to compose and write useful books” by allowing a second author to use, under certain circumstances, a portion of a prior author’s work, where the second author would himself produce a work promoting the goals of copyright (Patry 4-5).Fair use is a safety valve on copyright law to prevent oppressive monopolies, but some scholars suggest that fair use is less a defence and more a right that subordinates copyrights. Lange and Lange Anderson argue that the doctrine is not fundamentally about copyright or a system of property, but is rather concerned with the recognition of the public domain and its preservation from the ever encroaching advances of copyright (2001). Fair use should not be understood as subordinate to the exclusive rights of copyright owners. Rather, as Lange and Lange Anderson claim, the doctrine should stand in the superior position: the complete spectrum of ownership through copyright can only be determined pursuant to a consideration of what is required by fair use (Lange and Lange Anderson 19). The language of section 107 suggests that fair use is not subordinate to the bundle of rights enjoyed by copyright ownership: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work . . . is not an infringement of copyright” (Copyright Act 1976, s.107). Fair use is not merely about the marketplace for copyright works; it is concerned with what Weinreb refers to as “a community’s established practices and understandings” (1151-2). This argument boldly suggests that judicial application of fair use has consistently erred through subordinating the doctrine to copyright and considering simply the effect of the appropriation on the market place for the original work.The emphasis on economic factors has led courts to sympathise with copyright owners leading to a propertarian or Blackstonian approach to copyright (Collins; Travis) propagating the myth that any use of copyrighted materials must be licensed. Law and media reports alike are potted with examples. For example, in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004) a Sixth Circuit Court of Appeals held that the transformative use of a three-note guitar sample infringed copyrights and that musicians must obtain licence from copyright owners for every appropriated audio fragment regardless of duration or recognisability. Similarly, in 2006 Christopher Knight self-produced a one-minute television advertisement to support his campaign to be elected to the board of education for Rockingham County, North Carolina. As a fan of Star Wars, Knight used a makeshift Death Star and lightsaber in his clip, capitalising on the imagery of the Jedi Knight opposing the oppressive regime of the Empire to protect the people. According to an interview in The Register the advertisement was well received by local audiences prompting Knight to upload it to his YouTube channel. Several months later, Knight’s clip appeared on Web Junk 2.0, a cable show broadcast by VH1, a channel owned by media conglomerate Viacom. Although his permission was not sought, Knight was pleased with the exposure, after all “how often does a local school board ad wind up on VH1?” (Metz). Uploading the segment of Web Junk 2.0 featuring the advertisement to YouTube, however, led Viacom to quickly issue a take-down notice citing copyright infringement. Knight expressed his confusion at the apparent unfairness of the situation: “Viacom says that I can’t use my clip showing my commercial, claiming copy infringement? As we say in the South, that’s ass-backwards” (Metz).The current state of copyright law is, as Patry says, “depressing”:We are well past the healthy dose stage and into the serious illness stage ... things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together.The erosion of fair use by encroaching private interests represented by copyrights has led to strong critiques leveled at the judiciary and legislators by Lessig, McLeod and Vaidhyanathan. “Free culture” proponents warn that an overly strict copyright regime unbalanced by an equally prevalent fair use doctrine is dangerous to creativity, innovation, culture and democracy. After all, “few, if any, things ... are strictly original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before. No man creates a new language for himself, at least if he be a wise man, in writing a book. He contents himself with the use of language already known and used and understood by others” (Emerson v. Davis, 8 F. Cas. 615, 619 (No. 4,436) (CCD Mass. 1845), qted in Campbell v. Acuff-Rose, 62 U.S.L.W. at 4171 (1994)). The rise of the Web 2.0 phase with its emphasis on end-user created content has led to an unrelenting wave of creativity, and much of it incorporates or “mashes up” copyright material. As Negativland observes, free appropriation is “inevitable when a population bombarded with electronic media meets the hardware [and software] that encourages them to capture it” and creatively express themselves through appropriated media forms (251). The current state of copyright and fair use is bleak, but not beyond recovery. Two recent cases suggest a resurgence of the ideology underpinning the doctrine of fair use and the role played by copyright.Let’s Go CrazyIn “Let’s Go Crazy #1” on YouTube, Holden Lenz (then eighteen months old) is caught bopping to a barely recognizable recording of Prince’s “Let’s Go Crazy” in his mother’s Pennsylvanian kitchen. The twenty-nine second long video was viewed a mere twenty-eight times by family and friends before Stephanie Lenz received an email from YouTube informing her of its compliance with a Digital Millennium Copyright Act (DMCA) take-down notice issued by Universal, copyright owners of Prince’s recording (McDonald). Lenz has since filed a counterclaim against Universal and YouTube has reinstated the video. Ironically, the media exposure surrounding Lenz’s situation has led to the video being viewed 633,560 times at the time of writing. Comments associated with the video indicate a less than reverential opinion of Prince and Universal and support the fairness of using the song. On 8 Aug. 2008 a Californian District Court denied Universal’s motion to dismiss Lenz’s counterclaim. The question at the centre of the court judgment was whether copyright owners should consider “the fair use doctrine in formulating a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” The court ultimately found in favour of Lenz and also reaffirmed the position of fair use in relation to copyright. Universal rested its argument on two key points. First, that copyright owners cannot be expected to consider fair use prior to issuing takedown notices because fair use is a defence, invoked after the act rather than a use authorized by the copyright owner or the law. Second, because the DMCA does not mention fair use, then there should be no requirement to consider it, or at the very least, it should not be considered until it is raised in legal defence.In rejecting both arguments the court accepted Lenz’s argument that fair use is an authorised use of copyrighted materials because the doctrine of fair use is embedded into the Copyright Act 1976. The court substantiated the point by emphasising the language of section 107. Although fair use is absent from the DMCA, the court reiterated that it is part of the Copyright Act and that “notwithstanding the provisions of sections 106 and 106A” a fair use “is not an infringement of copyright” (s.107, Copyright Act 1976). Overzealous rights holders frequently abuse the DMCA as a means to quash all use of copyrighted materials without considering fair use. This decision reaffirms that fair use “should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright design” but something that it is integral to the constitution of copyright law and essential in ensuring that copyright’s goals can be fulfilled (Leval 1100). Unlicensed musical sampling has never fared well in the courtroom. Three decades of rejection and admonishment by judges culminated in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004): “Get a license or do not sample. We do not see this stifling creativity in any significant way” was the ruling on an action brought against an unlicensed use of a three-note guitar sample under section 114, an audio piracy provision. The Bridgeport decision sounded a death knell for unlicensed sampling, ensuring that only artists with sufficient capital to pay the piper could legitimately be creative with the wealth of recorded music available. The cost of licensing samples can often outweigh the creative merit of the act itself as discussed by McLeod (86) and Beaujon (25). In August 2008 the Supreme Court of New York heard EMI v. Premise Media in which EMI sought an injunction against an unlicensed fifteen second excerpt of John Lennon’s “Imagine” featured in Expelled: No Intelligence Allowed, a controversial documentary canvassing alleged chilling of intelligent design proponents in academic circles. (The family of John Lennon and EMI had previously failed to persuade a Manhattan federal court in a similar action.) The court upheld Premise Media’s arguments for fair use and rejected the Bridgeport approach on which EMI had rested its entire complaint. Justice Lowe criticised the Bridgeport court for its failure to examine the legislative intent of section 114 suggesting that courts should look to the black letter of the law rather than blindly accept propertarian arguments. This decision is of particular importance because it establishes that fair use applies to unlicensed use of sound recordings and re-establishes de minimis use.ConclusionThis paper was partly inspired by the final entry on eminent copyright scholar William Patry’s personal copyright law blog (1 Aug. 2008). A copyright lawyer for over 25 years, Patry articulated his belief that copyright law has swung too far away from its initial objectives and that balance could never be restored. The two cases presented in this paper demonstrate that fair use – and therefore balance – can be recovered in copyright. The federal Supreme Court and lower courts have stressed that copyright was intended to promote creativity and have upheld the fair doctrine, but in order for the balance to exist in copyright law, cases must come before the courts; copyright myth must be challenged. As McLeod states, “the real-world problems occur when institutions that actually have the resources to defend themselves against unwarranted or frivolous lawsuits choose to take the safe route, thus eroding fair use”(146-7). ReferencesBeaujon, Andrew. “It’s Not the Beat, It’s the Mocean.” CMJ New Music Monthly. April 1999.Collins, Steve. “Good Copy, Bad Copy: Covers, Sampling and Copyright.” M/C Journal 8.3 (2005). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0507/02-collins.php›.———. “‘Property Talk’ and the Revival of Blackstonian Copyright.” M/C Journal 9.4 (2006). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0609/5-collins.php›.Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953.Efroni, Zohar. “Israel’s Fair Use.” The Center for Internet and Society (2008). 26 Aug. 2008 ‹http://cyberlaw.stanford.edu/node/5670›.Lange, David, and Jennifer Lange Anderson. “Copyright, Fair Use and Transformative Critical Appropriation.” Conference on the Public Domain, Duke Law School. 2001. 26 Aug. 2008 ‹http://www.law.duke.edu/pd/papers/langeand.pdf›.Lemley, Mark. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031.Lessig, Lawrence. The Future of Ideas. New York: Random House, 2001.———. Free Culture. New York: Penguin, 2004.Leval, Pierre. “Toward a Fair Use Standard.” Harvard Law Review 103 (1990): 1105.McDonald, Heather. “Holden Lenz, 18 Months, versus Prince and Universal Music Group.” About.com: Music Careers 2007. 26 Aug. 2008 ‹http://musicians.about.com/b/2007/10/27/holden-lenz-18-months-versus-prince-and-universal-music-group.htm›.McLeod, Kembrew. “How Copyright Law Changed Hip Hop: An interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free 2002. 26 Aug. 2008 ‹http://www.stayfreemagazine.org/archives/20/public_enemy.html›.———. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday, 2005.McLuhan, Marshall, and Barrington Nevitt. Take Today: The Executive as Dropout. Ontario: Longman Canada, 1972.Metz, Cade. “Viacom Slaps YouTuber for Behaving like Viacom.” The Register 2007. 26 Aug. 2008 ‹http://www.theregister.co.uk/2007/08/30/viacom_slaps_pol/›.Negativland, ed. Fair Use: The Story of the Letter U and the Numeral 2. Concord: Seeland, 1995.Patry, William. The Fair Use Privilege in Copyright Law. Washington DC: Bureau of National Affairs, 1985.———. “End of the Blog.” The Patry Copyright Blog. 1 Aug. 2008. 27 Aug. 2008 ‹http://williampatry.blogspot.com/2008/08/end-of-blog.html›.Tapscott, Don. The Digital Economy: Promise and Peril in the Age of Networked Intelligence. New York: McGraw Hill, 1996.Toffler, Alvin. The Third Wave. London, Glasgow, Sydney, Auckland. Toronto, Johannesburg: William Collins, 1980.Travis, Hannibal. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal, Vol. 15 (2000), No. 777.Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York; London: New York UP, 2003.