Artykuły w czasopismach na temat „Trade-mark licenses”

The purpose of this activity is so that the people of Krembangan Village who have businesses can understand and can have licenses for micro and small businesses, so that they meet the legal aspects of business. The method used in this community service is to deliver material verbally in this implementation. The material in the extension contains about how to take steps in licensing a business for the community of RW 03 Kerembangan Village, Taman District, Sidoarjo Regency. The results of this PkM show how the steps and ways to carry out licensing (registration of Trade Registration Numbers (NIB), Making personal and business NPWPs, P-Irit Registration, Obtaining Halal Labels, Mark Registration) for business actors and the public who attend. Assistance will also be carried out continuously until the community and business actors get the business license they want to apply for. It is hoped that the knowledge gained in community service will provide more insight into how to do business licensing so that it is legal and will be useful in the future when the business is getting bigger, there will be no lawsuits in running a business..

The article examines current legal problems which arise in connection with trade mark license contracts. In the contemporary business environment a problem of liability for non-ensuring quality control under trade mark licensing law has become increasingly important. Restrictive business practices and regulation of parallel import is another concern. Authors analyze not only provisions of the substantive law but also legal regulation of the relevant issues concerning the conflict of laws rules. The article also tackles a major problem in the sphere of international private law: correlation of lex contractus and lex loci protectionis connecting factors. Lex contractus covers contractual aspects of the trade mark license such as contract interpretation, mutual obligations of the parties, their performance, discharge and consequences of breach thereof. And lex loci protectionis governs non-contractual aspects such as existence, validity and protection of the right to the trade mark itself. Sometimes it is difficult to label certain issues, like the licensee’s allowed continued use of the mark after the termination of the license, as contractual or non-contractual. The article offers comprehensive analysis of all these questions on the basis of the most recent legislation, court practice and doctrines, both Russian and foreign.

The licensing of provincial surgeons and physicians in the post-Restoration period has proved an awkward subject for medical historians. It has divided writers between those who regard the possession of a local licence as a mark of professionalism or proficiency, those who see the existence of diocesan licences as a mark of an essentially unregulated and decentralized trade, and those who discount the distinction of licensing in assessing medical expertise availability in a given region. Such a diversity of interpretations has meant that the very descriptors by which practitioners were known to their contemporaries (and are referred to by historians) have become fragmented and difficult to use without a specific context. As David Harley has pointed out in his study of licensed physicians in the north-west of England, “historians often define eighteenth-century physicians as men with medical degrees, thus ignoring … the many licensed physicians throughout the country”. One could similarly draw attention to the inadequacy of the word “surgeon” to cover licensed and unlicensed practitioners, barber-surgeons, Company members in towns, self-taught practitioners using surgical manuals, and procedural specialists whose work came under the umbrella of surgery, such as bonesetters, midwives and phlebotomists. Although such fragmentation of meaning reflects a diversity of practices carried on under the same occupational descriptors in early modern England, the result is an imprecise historical literature in which the importance of licensing, and especially local licensing, is either ignored as a delimiter or viewed as an inaccurate gauge of medical proficiency.

This study aims to analyze and understand the legal protection towards the mark owner from the share-in jar cosmetic trade and the legal consequences for business actors who do share-in jar cosmetic trade. The type of legal research used in this study is a normative juridical legal research method. The data collection in this study was conducted through a literature study from the laws and regulations, journals, research results, and books. The data analysis used in this research is the descriptive analysis method. The results of the study show that the legal protection towards the mark owner from the share-in jar cosmetic trade can be carried out through preventive and repressive legal protection efforts. Legal protection efforts are preventively carried out by registering the mark to get legal protection as a legal mark owner. Repressive legal protection efforts for trademarks can be done by litigation dispute resolution and non-litigation dispute resolution. The legal consequences for business actors who do share-in jar cosmetic trade are compensate for damages and/or ceasing all acts related to mark use. Therefore, it is recommended to the mark owner to provide cosmetics with trial or sample sizes. In this case, so that consumers try first about their compatibility with these cosmetics. On the other hand, business actors doing share-in cosmetic jar trade must make a license agreement with the mark owner. Furthermore, the government needs to include criteria for violations of right on mark in laws and regulations. This is purpose to increase legal protection towards the mark owner from the share-in jar cosmetic trade in the future.

The 1981 publication of David Weir and Mark Shapiro’s exposé Circle of Poison almost ten years after the banning of DDT represented how the landscape of understandings about hazardous chemicals and their regulation had changed. The book exposed two things. One was the ways power had reconfigured itself, which in turn highlighted the ways the story Silent Spring told, which effectively moved hearts and minds to make change happen. One thing that remained hidden, however, to both Rachel Carson and Weir and Shapiro, was the degree to which the chemical industry traded at the local and regional level, conducting international trade, emulating the poor and often bad faith practices of the transnational corporations. The failure of Circle ’s narrative, coupled with an overlooked and extensive network of mom-and-pop chemical companies, failed to build on Silent Spring ’s legacy. This article was published open access under a CC BY licence: https://creativecommons.org/licences/by/4.0 .

Based on Article 1 of Law No.15 of 2001 concerning Marks, what is meant by Mark is signs in the form of pictures, names, words, numeric letters, color arrangements, or a combination thereof these elements which have distinctive power and are used in the world of commerce goods or services. The marks are trademarks and service marks. The collective brand is a brand used on goods or services with the same characteristics that are traded by several people or legal entities together to differentiate goods or services the like. In a trademark there is a license term, namely a license granted by the owner of the registered mark to a person or persons collectively or a legal entity for use the mark, for goods or services. In the world of trade it often happens brand violation. Trademark infringement is basically committed by parties who have bad ethics to make a profit, which can harm the brand owner legitimate. Indications of violations based on Trademark Law No.15 of 2001, exist several classifications regarding brand counterfeiting, namely using the same mark as a whole, using the same brand in essence, using the same mark, uses the same mark substantially as the geographical indication. Apart from that there are also counterfeiting of registered marks. In fact, registered trademarks must be protected by the State through Trademark law

The adoption of the EU in 2015 the Directive 2015/2436 and Regulation 2015/2424 resulted in significant changes for the protection of trade marks at the level of the Member States and the EU trade mark. These changes are the result of the policy of the entire approximation of Member States laws in all issues of trademarks, which differs from the harmonization of «minimum rights» and the EU approach to harmonization of legislation on other industrial property objects. Comparison of changes to EU legislation and legislation of Ukraine demonstrates the necessity of making a number of amendments to national legislation regarding registration of scent and other non- traditional marks; clarify the scope of protection of rights; grounds for refusal of registration; concluding license agreements, protection of collective marks etc. It is essential to provide the clarification of the procedure for registration of trademarks in Ukraine to ensure compliance with the registration procedure, established by the Directive 2015/2436.

Franchise is a modern style created as a need for trade to increase projects size. It differs from the authorization to use the trademark because the latter only requires licensing of the licensee's trademark, unlike the Franchise contract, in which it goes beyond the need to convey technical knowledge from Franchisor to Franchisee. In Yemen, Franchise has not received any private legal legislation till the moment, necessitating applying contract articles, contracts general principles and some provisions embodied in the texts of other laws that are suitable to be applied to some of its issues and provisions, in addition to what is inspired by provisions in foreign laws. This study aimed to distinguish franchise agreement from similar contracts that have become common in the commercial field; to identify important legal and practical problems facing franchise agreement as well as suggest solutions to address such problems; and to propose regulatory principles that can be used by the Yemeni legislator in the future when enacting laws that govern franchise agreement. To achieve these objectives, the study followed a descriptive analytical method. The study concludes that the franchise agreement has not received any special legal legislation in Yemen so far; and also the franchise agreement is characterized by a complex nature and has special features. Keywords: Franchise, Trade mark, Technical knowledge, Franchisor, Franchisee.

Franchise is a modern style created as a need for trade to increase projects size. It differs from the authorization to use the trademark because the latter only requires licensing of the licensee's trademark, unlike the Franchise contract, in which it goes beyond the need to convey technical knowledge from Franchisor to Franchisee. In Yemen, Franchise has not received any private legal legislation till the moment, necessitating applying contract articles, contracts general principles and some provisions embodied in the texts of other laws that are suitable to be applied to some of its issues and provisions, in addition to what is inspired by provisions in foreign laws. This study aimed to distinguish franchise agreement from similar contracts that have become common in the commercial field; to identify important legal and practical problems facing franchise agreement as well as suggest solutions to address such problems; and to propose regulatory principles that can be used by the Yemeni legislator in the future when enacting laws that govern franchise agreement. To achieve these objectives, the study followed a descriptive analytical method. The study concludes that the franchise agreement has not received any special legal legislation in Yemen so far; and also the franchise agreement is characterized by a complex nature and has special features. Keywords: Franchise, Trade mark, Technical knowledge, Franchisor, Franchisee.

―Common knowledge‖ refers to information that the average, educated citizen would accept as reliable without checking it up. The ―personal knowledge‖ possessed by any individual, usually accumulated through observation, research or personal experiences. ―Intellectual knowledge‖ is any product of the human intellect that the law protects from unauthorized use by others. Intellectual property is legally protected as patent, copyright or trademark. Knowledge can only skip borders in case of a proper knowledge transfer (KT). KT can be difficult because of different views on explicitness of knowledge, language, geography, generational differences, religions aspects, political influence, competition, economical issues, national and international conflicts, migration, misconceptions, mutual trust, rewards, timeframe, IT capacities, faulty information, motivation issues or communication. Communication can be a boundary. Effective knowledge transfer requires an effective understanding between sender and receiver. Every field of knowledge has its own jargon and special technical terms. To solve ―syntactic boundaries‖, a common lexicon for terms must be developed. Now sender and receiver have to find a common understanding to avoid misinterpretation. Semantic boundaries‖ focus on translating knowledge and to develop common interpretations. ―Pragmatic boundary‖ is the conflict of the different interest for the parties to use knowledge. Knowledge beyond borders has to deal with legal borders, which are national and international regulation and laws. Transferring knowledge without legal protection would lead to unauthorized access or even illegal alteration of knowledge. If a source of knowledge must be afraid to lose control over his intellectual property it could cause a total stop of exchanging of knowledge, especially beyond borders. Therefore protection of intellectual property is the bridge to overcome such borders. Under German law intellectual knowledge is protected by: German Patent Act: A patent is an official right to be the only person or company allowed to make or to sell a new product or a new idea for a certain period of time. A German patent can be obtained through the direct filing of a national patent application with the German Patent and Trade Mark Office, through the filing of a European patent application or through the filing of an international application under the Patent Cooperation Treaty. The German patent has a term of 20 years. German Trademark Act: A trademark is a recognizable sign or design, capable of distinguishing the goods or services of one enterprise from those of other enterprises. A trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office. German Copyright Act: Another type of intellectual property is creative works such as paintings, writing, architecture, software, photos, dance and music are protected by the German Copyright Act (Urheberrechtsgesetz). The copyright law protects an author regarding their intellectual and personal relationship to the work and the types of its utilization. A work and the knowledge behind must meet certain minimum criterions to qualify for copyright protection. There a different kinds of copy rights, which are exclusive licences, exploitations rights, non-exclusive and exclusive rights of use. The length of protection also varies depending on when the work was created or first published. The true source of improving human welfare is knowledge without borders. Therefore it is more important than ever to protect the intellectual knowledge to distribute knowledge over national and international borders without harming the source of knowledge, which is at the end the mind of an individual person. As a consequence borders will become bridges.

Keywords: commercial designations, pharmacy, pharmaceutical sphere, acquisitionof rights, trademark The article focuses on a comprehensive study of the functioning of commercial designations in the pharmaceutical industry. The notion of commercial designations in the system of intellectual property objects is considered, and the ones relevant for the pharmaceutical industry are outlined. The purpose of the article is to outline the legal basis for the regulation of commercial designations in the pharmaceutical field and to determine the specifics of the exercise of rights to such designations.Drug companies in the process of creating the name of a new drug must first remember that the main functions of the trademark (trade name) of the drug is to protect consumers from misleading, as well as to prevent medical workers from making a medical error that carries a significant risk to the life and health of patients.The original name of a medicinal product may receive legal protection as a mark for goods and services (trademark). Such a trademark must meet the requirements of the legislation on the protection of designations. The trademark must not misleadconsumers, be commonly used, must not contradict the principles of humanity and morality. At the same time, in the field of medicines, there are special requirements for their name. In this case, dishonesty may be manifested both in the actions of the holder of the certificate on the trademark and in the actions of the person who registered the medicinal product. For example, a company that has received a licence to manufactureand/or sell a medicinal product is deprived of the right to manufacture and sell the medicinal product under the name specified in the registration certificate of the drug without the consent of another person holding a certificate for the goods and services.Likewise, It is possible that the manufacturer registers the name of the original medicinal product in the form of a trademark to protect its rights, and the unscrupulous competitor at the same time registers the generic medicinal product and, in order to mislead consumers, gives it a name similar to the trademark-name of the original drug.It is emphasized that the manufacturer must pay special attention to the choice of the name of the drug at the stage of creating the latter, and in order to ensure the uniqueness and originality of the chosen name, the latter can be registered as a trademark. The conclusion about the importance of legal regulation of this sphere, carrying out of information and legal policy is made. The legal relations in the field of pharmaceutical branch for the purpose of revealing of stages where legal regulation of commercial designations is especially important are described.

Abstract Introduction: Patients with hemophilia A are at risk for acute bleeding which may affect muscles and other soft tissues but characteristically involves joints. Prophylaxis with factor VIII (FVIII) is the optimal treatment to prevent bleeding into joints and, when begun at a young age, may prevent arthropathy. BAX 8551, a polyethylene glycol (peg)ylated, full-length, recombinant FVIII built on ADVATE2, demonstrated extended half-life, efficacy, and safety for prophylaxis and treatment of bleeding in patients with severe hemophilia A. Methods: A phase 3, prospective, uncontrolled, multicenter study was performed in pediatric patients with severe hemophilia A without history of inhibitors. To be eligible, patients aged <6 years had to have ≥50, those aged 6 to <12 years ≥150 previous exposure days (EDs) to FVIII. Patients received twice weekly infusions of 50 ±10 IU/kg of BAX 855 over a period of 6 months or ≥50 EDs. The prevalence of target joints, defined as a single joint with ≥3 spontaneous bleeding episodes in any consecutive 6-month period, was assessed at baseline. Annualized rates of target joint bleeds and the course of target joints were evaluated by age (<6 and 6 to <12 years). The study was performed in accordance with the principles of the Declaration of Helsinki of the World Medical Association. Results:Sixty-six patients were treated with a mean (SD) BAX 855 dose of 51.1 (5.5) IU/kg at a mean (SD) frequency of 1.8 (0.2) infusions/week. Fourteen of 66 patients (21.2%), 3/32 (9.4%) in the younger and 11/34 (32.4%) in the older cohort, had a total of 23 target joints at screening. The number of target joint bleeds decreased during a mean (SD) of 48.5 (7.7; median: 49.0) prophylactic EDs/patient. Five of 66 (7.6%) patients had at least 1 target joint bleed, 1/32 (3.1%) in the younger and 4/34 (11.8%) in the older cohort. The point estimate for the mean (95% CI) annualized rate of target joint bleeds was 0 (0 - infinity; median: 0) compared to an annualized rate of all joint bleeds of 1.1 (0.6 - 1.9; median: 0) and an annualized rate of all bleeds of 3.0 (2.2 - 4.2; median: 2.0) (Table 1). The point estimate for the mean (95% CI) annualized bleeding rate (ABR) in 52 patients without target joints was 2.9 (2.0 - 4.2; median: 2.0) and was similar in 14 patients with target joints at screening at 3.5 (1.9 - 6.6; median: 2.1). In the younger cohort, the ABR was lower in patients with than those without target joints. However, the number of patients <6 years with target joints (N = 3) was too small to draw any conclusions (Table 1). During BAX 855 prophylaxis, no new target joints developed in any patient. Ten of 14 patients had at least 1 target joint revert to a non-target joint. In 8 of these 10 patients, 4 with 1 and 4 with 2 target joints, all target joints resolved. Conclusions:These results suggest that twice weekly infusion of BAX 855 is effective in the prevention of bleeding into target joints and may revert target to non-target joints in pediatric patients with severe hemophilia A. 1BAX 855 (Baxalta US Inc., now part of Shire) is licensed in the US and Japan under the trade name ADYNOVATE. 2ADVATE is a trade mark of Baxalta US Inc., now part of Shire. Disclosures Dunn: NovoNordisk: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Kedrion: Research Funding; Pfizer: Research Funding; CSL Behring: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Biogen: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Baxalta (now part of Shire): Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Bayer: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Octapharma: Research Funding. Thompson:Eli Lily: Research Funding; Novartis: Consultancy, Membership on an entity's Board of Directors or advisory committees, Research Funding; Celgene: Research Funding; bluebird bio: Consultancy, Research Funding; ApoPharma: Consultancy, Membership on an entity's Board of Directors or advisory committees; Mast: Research Funding; Amgen: Research Funding; Baxalta (now part of Shire): Research Funding. Engl:Shire: Employment, Equity Ownership. Sharkhawy:Baxalta (now part of Shire): Employment. Abbuehl:Baxalta (now part of Shire): Employment.

Trade globalization has made trade mark becomes very important, especially in relation to a fair business competition. A trade mark is a sign that functions as a distinguished from those of others, quality guarantee and source of origin. Owner of a trade mark registered reserves exclusive right to use that trade mark for a period of time or may grant permission to other parties to use the trade mark. Permission to other parties should be given through a letter of agreement for permission to use (not transfer of ownership) that trade mark for a certain period of time, and this is accordingly called licence. Registration of a trade mark in the general list of trade mark can be cancelled upon request with an argument that the trade mark has a basic similarity with a previously registered trade mark, or the registration was made for cruel intention. This paper discusses licence and cancellation of a trademark, as well as the consequences of trade mark cancellation for the licensee. Cancellation of a trade mark registration results in termination of a trade mark license agreement, but the licensee may reserve his right until the completion of agreement period.Key words : exclusive right, license agreement, licensee

This paper is included in the First Monday Special Issue #3: Internet banking, e-money, and Internet gift economies, published in December 2005. Special Issue editor Mark A. Fox asked authors to submit additional comments regarding their articles. How has the hi-tech gift economy evolved since 1998, when the paper was written? This article was a product of its time. When I originally wrote The Hi-Tech Gift Economy, the Net was still a novelty for most people even in the developed world. Nearly 8 years later, using this technology is no longer something special. This means that it is impossible to understand my article without remembering the bizarre moment in the late-1990s when so many pundits believed that the Net had almost magical powers. Led by Wired, dotcom boosters were claiming that the Net was creating the free market only found up to then in neo-classical economics textbooks. Inspired by post-modernist gurus, new media activists were convinced that humanity would soon liberate itself from corporate control by escaping into cyberspace. What intrigued me at the time was how these devotees of irreconcilable ideologies shared a common faith in McLuhan-style technological determinism. The Net – not people – was the subject of history. This demiurge promised the final victory of one – and only one - method of organizing labor: the commodity or the gift. When I was writing this article, my goal was to attack these almost totalitarian ideologies. The sharing of information over the Net disproved the neo-liberal fantasies of Wired. The leading role of capitalist businesses within the open source movement was incompatible with the anarcho-communist utopia. I wanted to argue that the choice wasn’t the commodity or the gift. On the Net, the same piece of information could exist both as a commodity and a gift. Nowadays, this conclusion is hardly controversial. My ideological opponents have long ago left the theoretical battlefield. We won’t hear their arguments again until the next wave of innovation within the information technologies creates the conditions for another revival of McLuhanist prophecy. In the meantime, it is common sense to describe the Net’s economy as a mixed economy. Information is shared and sold. Copyright is protected and broken. Capitalists benefit from one advance and lose out from another. Users get for free what they used to pay for and pay for what they used to get for free. In 2005, the dotcom commodity economy and the hi-tech gift economy are – at one and the same time – in opposition and in symbiosis with each other. What are some current examples of the hi-tech gift economy in action? Over the past decade, the hi-tech gift economy has moved from the fringes into the mainstream. When I was writing The Hi-Tech Gift Economy, the open source movement was the iconic example of non-commercial production over the Net. In the intervening period, blogging has become the public face of this new way of working. What was once the preserve of a small minority is now a mass phenomenon. Crucially, just like their techie predecessors, the participants in this enlarged hi-tech gift economy don’t have to think about the political implications of their method of working together. Free market fanatics can happily give away their blog-making labor without realizing they’ve become cyber-communists! This ideological inconsistency has hidden the social impact of the hi-tech gift economy. Allowing people to download your photos for free from Flickr doesn’t seem very radical. Putting up your latest tunes on-line can’t really be a threat to the music moguls. Making your own website doesn’t look like attack on the media corporations. Yet, when large numbers of people are engaged in these activities, commercial self-interest is checked by social altruism within the mixed economy of the Net. Before buying information, every sensible person checks whether you can download it for free. What are the impediments and what are the driving forces of the hi-tech gift economy? Is it possible to distinguish between the two? Long ago, Karl Marx pointed out that socialists had been forced to define their own political position to counter attacks by their liberal and conservative critics. It seems to me that we could make a similar observation today about the two sides in the copyright debate. During the past few decades, American and European politicians have steadily increased and extended the legal privileges of the media corporations. Entranced by the neo-liberal version of the McLuhanist prophecy, they’re convinced that the knowledge economy will be built around the buying and selling of intellectual property – and the state must punish anyone who threatens this new paradigm. In the digital Panopticon, Big Brother will spying on you to make sure that you don’t have any illegally copied files on your hard drive. Since the mid-1960s, the ideological appeal of the post-industrial future has protected the interests of the copyright owners. According to neo-liberal pundits, the global marketplace is founded upon the North exchanging its information commodities for the South’s manufactured goods. Economic prosperity now depends upon the World Trade Organisation imposing copyright protection as a universal obligation. Ironically, by proclaiming their global ambitions, the media and software corporations have exposed the weakness of their economic position. Across the developing world, governments know that copyright laws are unenforceable. Only the rich can afford to pay Northern prices in the South. If piracy can no longer be tolerated, alternatives must be found. In Brazil, the ministry of culture is promoting open source software as not just a more affordable product, but also an opportunity to create local employment. At the international level, they’re advocating the replacement of rigid copyright protection with flexible copyleft licenses. Inspired by this good example, other governments in the South are launching their own open source initiatives. In the developing world, participating within the hi-tech gift economy is a necessity not a hobby. During the last year, the American movie and music industries have forced the leading file-sharing services to limit unauthorized copying by their users. But, as soon as one threat is seen off, another arises. In 2005, over three-quarters of online music is still distributed for free. By forcing the issue, the owners of intellectual property have proved that the hard-line definition of copyright is as anachronistic in the North as in the South. Up-and-coming bands long ago learnt that giving away tunes attracts punters to their gigs and – in due course – sells their music. Yet, in contrast with the South, few politicians in the developed world have accepted the copyright laws need updating for this new dispensation. But, eventually, legislation must match social reality. The dotcom commodity economy can’t displace the hi-tech gift economy. Miscegenation is the epitome of the Net. During the Sixties, the New Left created a new form of radical politics: anarcho-communism. Above all, the Situationists and similar groups believed that the tribal gift economy proved that individuals could successfully live together without needing either the state or the market. From May 1968 to the late Nineties, this utopian vision of anarcho-communism has inspired community media and DIY culture activists. Within the universities, the gift economy already was the primary method of socialising labour. From its earliest days, the technical structure and social mores of the Net has ignored intellectual property. Although the system has expanded far beyond the university, the self-interest of Net users perpetuates this hi-tech gift economy. As an everyday activity, users circulate free information as e-mail, on listservs, in newsgroups, within on-line conferences and through Web sites. As shown by the Apache and Linux programs, the hi-tech gift economy is even at the forefront of software development. Contrary to the purist vision of the New Left, anarcho-communism on the Net can only exist in a compromised form. Money-commodity and gift relations are not just in conflict with each other, but also co-exist in symbiosis. The 'New Economy' of cyberspace is an advanced form of social democracy.

From elephants to ABBA fans, silicon to hormone, the following discussion uses a new research method to look at printed text, motion pictures and a teenage rebel icon. If by ‘print’ we mean a mechanically reproduced impression of a cultural symbol in a medium, then printing has been with us since before microdot security prints were painted onto cars, before voice prints, laser prints, network servers, record pressings, motion picture prints, photo prints, colour woodblock prints, before books, textile prints, and footprints. If we accept that higher mammals such as elephants have a learnt culture, then it is possible to extend a definition of printing beyond Homo sapiens. Poole reports that elephants mechanically trumpet reproductions of human car horns into the air surrounding their society. If nothing else, this cross-species, cross-cultural reproduction, this ‘ability to mimic’ is ‘another sign of their intelligence’. Observation of child development suggests that the first significant meaningful ‘impression’ made on the human mind is that of the face of the child’s nurturer – usually its mother. The baby’s mind forms an ‘impression’, a mental print, a reproducible memory data set, of the nurturer’s face, voice, smell, touch, etc. That face is itself a cultural construct: hair style, makeup, piercings, tattoos, ornaments, nutrition-influenced skin and smell, perfume, temperature and voice. A mentally reproducible pattern of a unique face is formed in the mind, and we use that pattern to distinguish ‘familiar and strange’ in our expanding social orbit. The social relations of patterned memory – of imprinting – determine the extent to which we explore our world (armed with research aids such as text print) or whether we turn to violence or self-harm (Bretherton). While our cultural artifacts (such as vellum maps or networked voice message servers) bravely extend our significant patterns into the social world and the traversed environment, it is useful to remember that such artifacts, including print, are themselves understood by our original pattern-reproduction and impression system – the human mind, developed in childhood. The ‘print’ is brought to mind differently in different discourses. For a reader, a ‘print’ is a book, a memo or a broadsheet, whether it is the Indian Buddhist Sanskrit texts ordered to be printed in 593 AD by the Chinese emperor Sui Wen-ti (Silk Road) or the US Defense Department memo authorizing lower ranks to torture the prisoners taken by the Bush administration (Sanchez, cited in ABC). Other fields see prints differently. For a musician, a ‘print’ may be the sheet music which spread classical and popular music around the world; it may be a ‘record’ (as in a ‘recording’ session), where sound is impressed to wax, vinyl, charged silicon particles, or the alloys (Smith, “Elpida”) of an mp3 file. For the fine artist, a ‘print’ may be any mechanically reproduced two-dimensional (or embossed) impression of a significant image in media from paper to metal, textile to ceramics. ‘Print’ embraces the Japanese Ukiyo-e colour prints of Utamaro, the company logos that wink from credit card holographs, the early photographs of Talbot, and the textured patterns printed into neolithic ceramics. Computer hardware engineers print computational circuits. Homicide detectives investigate both sweaty finger prints and the repeated, mechanical gaits of suspects, which are imprinted into the earthy medium of a crime scene. For film makers, the ‘print’ may refer to a photochemical polyester reproduction of a motion picture artifact (the reel of ‘celluloid’), or a DVD laser disc impression of the same film. Textualist discourse has borrowed the word ‘print’ to mean ‘text’, so ‘print’ may also refer to the text elements within the vision track of a motion picture: the film’s opening titles, or texts photographed inside the motion picture story such as the sword-cut ‘Z’ in Zorro (Niblo). Before the invention of writing, the main mechanically reproduced impression of a cultural symbol in a medium was the humble footprint in the sand. The footprints of tribes – and neighbouring animals – cut tracks in the vegetation and the soil. Printed tracks led towards food, water, shelter, enemies and friends. Having learnt to pattern certain faces into their mental world, children grew older and were educated in the footprints of family and clan, enemies and food. The continuous impression of significant foot traffic in the medium of the earth produced the lines between significant nodes of prewriting and pre-wheeled cultures. These tracks were married to audio tracks, such as the song lines of the Australian Aborigines, or the ballads of tramping culture everywhere. A typical tramping song has the line, ‘There’s a track winding back to an old-fashion shack along the road to Gundagai,’ (O’Hagan), although this colonial-style song was actually written for radio and became an international hit on the airwaves, rather than the tramping trails. The printed tracks impressed by these cultural flows are highly contested and diverse, and their foot prints are woven into our very language. The names for printed tracks have entered our shared memory from the intersection of many cultures: ‘Track’ is a Germanic word entering English usage comparatively late (1470) and now used mainly in audio visual cultural reproduction, as in ‘soundtrack’. ‘Trek’ is a Dutch word for ‘track’ now used mainly by ecotourists and science fiction fans. ‘Learn’ is a Proto-Indo-European word: the verb ‘learn’ originally meant ‘to find a track’ back in the days when ‘learn’ had a noun form which meant ‘the sole of the foot’. ‘Tract’ and ‘trace’ are Latin words entering English print usage before 1374 and now used mainly in religious, and electronic surveillance, cultural reproduction. ‘Trench’ in 1386 was a French path cut through a forest. ‘Sagacity’ in English print in 1548 was originally the ability to track or hunt, in Proto-Indo-European cultures. ‘Career’ (in English before 1534) was the print made by chariots in ancient Rome. ‘Sleuth’ (1200) was a Norse noun for a track. ‘Investigation’ (1436) was Latin for studying a footprint (Harper). The arrival of symbolic writing scratched on caves, hearth stones, and trees (the original meaning of ‘book’ is tree), brought extremely limited text education close to home. Then, with baked clay tablets, incised boards, slate, bamboo, tortoise shell, cast metal, bark cloth, textiles, vellum, and – later – paper, a portability came to text that allowed any culture to venture away from known ‘foot’ paths with a reduction in the risk of becoming lost and perishing. So began the world of maps, memos, bills of sale, philosophic treatises and epic mythologies. Some of this was printed, such as the mechanical reproduction of coins, but the fine handwriting required of long, extended, portable texts could not be printed until the invention of paper in China about 2000 years ago. Compared to lithic architecture and genes, portable text is a fragile medium, and little survives from the millennia of its innovators. The printing of large non-text designs onto bark-paper and textiles began in neolithic times, but Sui Wen-ti’s imperial memo of 593 AD gives us the earliest written date for printed books, although we can assume they had been published for many years previously. The printed book was a combination of Indian philosophic thought, wood carving, ink chemistry and Chinese paper. The earliest surviving fragment of paper-print technology is ‘Mantras of the Dharani Sutra’, a Buddhist scripture written in the Sanskrit language of the Indian subcontinent, unearthed at an early Tang Dynasty site in Xian, China – making the fragment a veteran piece of printing, in the sense that Sanskrit books had been in print for at least a century by the early Tang Dynasty (Chinese Graphic Arts Net). At first, paper books were printed with page-size carved wooden boards. Five hundred years later, Pi Sheng (c.1041) baked individual reusable ceramic characters in a fire and invented the durable moveable type of modern printing (Silk Road 2000). Abandoning carved wooden tablets, the ‘digitizing’ of Chinese moveable type sped up the production of printed texts. In turn, Pi Sheng’s flexible, rapid, sustainable printing process expanded the political-cultural impact of the literati in Asian society. Digitized block text on paper produced a bureaucratic, literate elite so powerful in Asia that Louis XVI of France copied China’s print-based Confucian system of political authority for his own empire, and so began the rise of the examined public university systems, and the civil service systems, of most European states (Watson, Visions). By reason of its durability, its rapid mechanical reproduction, its culturally agreed signs, literate readership, revered authorship, shared ideology, and distributed portability, a ‘print’ can be a powerful cultural network which builds and expands empires. But print also attacks and destroys empires. A case in point is the Spanish conquest of Aztec America: The Aztecs had immense libraries of American literature on bark-cloth scrolls, a technology which predated paper. These libraries were wiped out by the invading Spanish, who carried a different book before them (Ewins). In the industrial age, the printing press and the gun were seen as the weapons of rebellions everywhere. In 1776, American rebels staffed their ‘Homeland Security’ units with paper makers, knowing that defeating the English would be based on printed and written documents (Hahn). Mao Zedong was a book librarian; Mao said political power came out of the barrel of a gun, but Mao himself came out of a library. With the spread of wireless networked servers, political ferment comes out of the barrel of the cell phone and the internet chat room these days. Witness the cell phone displays of a plane hitting a tower that appear immediately after 9/11 in the Middle East, or witness the show trials of a few US and UK lower ranks who published prints of their torturing activities onto the internet: only lower ranks who published prints were arrested or tried. The control of secure servers and satellites is the new press. These days, we live in a global library of burning books – ‘burning’ in the sense that ‘print’ is now a charged silicon medium (Smith, “Intel”) which is usually made readable by connecting the chip to nuclear reactors and petrochemically-fired power stations. World resources burn as we read our screens. Men, women, children burn too, as we watch our infotainment news in comfort while ‘their’ flickering dead faces are printed in our broadcast hearths. The print we watch is not the living; it is the voodoo of the living in the blackout behind the camera, engaging the blood sacrifice of the tormented and the unfortunate. Internet texts are also ‘on fire’ in the third sense of their fragility and instability as a medium: data bases regularly ‘print’ fail-safe copies in an attempt to postpone the inevitable mechanical, chemical and electrical failure that awaits all electronic media in time. Print defines a moral position for everyone. In reporting conflict, in deciding to go to press or censor, any ‘print’ cannot avoid an ethical context, starting with the fact that there is a difference in power between print maker, armed perpetrators, the weak, the peaceful, the publisher, and the viewer. So many human factors attend a text, video or voice ‘print’: its very existence as an aesthetic object, even before publication and reception, speaks of unbalanced, and therefore dynamic, power relationships. For example, Graham Greene departed unscathed from all the highly dangerous battlefields he entered as a novelist: Riot-torn Germany, London Blitz, Belgian Congo, Voodoo Haiti, Vietnam, Panama, Reagan’s Washington, and mafia Europe. His texts are peopled with the injustices of the less fortunate of the twentieth century, while he himself was a member of the fortunate (if not happy) elite, as is anyone today who has the luxury of time to read Greene’s works for pleasure. Ethically a member of London and Paris’ colonizers, Greene’s best writing still electrifies, perhaps partly because he was in the same line of fire as the victims he shared bread with. In fact, Greene hoped daily that he would escape from the dreadful conflicts he fictionalized via a body bag or an urn of ashes (see Sherry). In reading an author’s biography we have one window on the ethical dimensions of authority and print. If a print’s aesthetics are sometimes enduring, its ethical relationships are always mutable. Take the stylized logo of a running athlete: four limbs bent in a rotation of action. This dynamic icon has symbolized ‘good health’ in Hindu and Buddhist culture, from Madras to Tokyo, for thousands of years. The cross of bent limbs was borrowed for the militarized health programs of 1930s Germany, and, because of what was only a brief, recent, isolated yet monstrously horrific segment of its history in print, the bent-limbed swastika is now a vilified symbol in the West. The sign remains ‘impressed’ differently on traditional Eastern culture, and without the taint of Nazism. Dramatic prints are emotionally charged because, in depicting Homo sapiens in danger, or passionately in love, they elicit a hormonal reaction from the reader, the viewer, or the audience. The type of emotions triggered by a print vary across the whole gamut of human chemistry. A recent study of three genres of motion picture prints shows a marked differences in the hormonal responses of men compared to women when viewing a romance, an actioner, and a documentary (see Schultheiss, Wirth, and Stanton). Society is biochemically diverse in its engagement with printed culture, which raises questions about equality in the arts. Motion picture prints probably comprise around one third of internet traffic, in the form of stolen digitized movie files pirated across the globe via peer-to-peer file transfer networks (p2p), and burnt as DVD laser prints (BBC). There is also a US 40 billion dollar per annum legitimate commerce in DVD laser pressings (Grassl), which would suggest an US 80 billion per annum world total in legitimate laser disc print culture. The actively screen literate, or the ‘sliterati’ as I prefer to call them, research this world of motion picture prints via their peers, their internet information channels, their television programming, and their web forums. Most of this activity occurs outside the ambit of universities and schools. One large site of sliterate (screen literate) practice outside most schooling and official research is the net of online forums at imdb.com (International Movie Data Base). Imdb.com ‘prints’ about 25,000,000 top pages per month to client browsers. Hundreds of sliterati forums are located at imdb, including a forum for the Australian movie, Muriel’s Wedding (Hogan). Ten years after the release of Muriel’s Wedding, young people who are concerned with victimization and bullying still log on to http://us.imdb.com/title/tt0110598/board/> and put their thoughts into print: I still feel so bad for Muriel in the beginning of the movie, when the girls ‘dump’ her, and how much the poor girl cried and cried! Those girls were such biartches…I love how they got their comeuppance! bunniesormaybemidgets’s comment is typical of the current discussion. Muriel’s Wedding was a very popular film in its first cinema edition in Australia and elsewhere. About 30% of the entire over-14 Australian population went to see this photochemical polyester print in the cinemas on its first release. A decade on, the distributors printed a DVD laser disc edition. The story concerns Muriel (played by Toni Collette), the unemployed daughter of a corrupt, ‘police state’ politician. Muriel is bullied by her peers and she withdraws into a fantasy world, deluding herself that a white wedding will rescue her from the torments of her blighted life. Through theft and deceit (the modus operandi of her father) Muriel escapes to the entertainment industry and finds a ‘wicked’ girlfriend mentor. From a rebellious position of stubborn independence, Muriel plays out her fantasy. She gets her white wedding, before seeing both her father and her new married life as hollow shams which have goaded her abandoned mother to suicide. Redefining her life as a ‘game’ and assuming responsibility for her independence, Muriel turns her back on the mainstream, image-conscious, female gang of her oppressed youth. Muriel leaves the story, having rekindled her friendship with her rebel mentor. My methodological approach to viewing the laser disc print was to first make a more accessible, coded record of the entire movie. I was able to code and record the print in real time, using a new metalanguage (Watson, “Eyes”). The advantage of Coding is that ‘thinks’ the same way as film making, it does not sidetrack the analyst into prose. The Code splits the movie print into Vision Action [vision graphic elements, including text] (sound) The Coding splits the vision track into normal action and graphic elements, such as text, so this Coding is an ideal method for extracting all the text elements of a film in real time. After playing the film once, I had four and a half tightly packed pages of the coded story, including all its text elements in square brackets. Being a unique, indexed hard copy, the Coded copy allowed me immediate access to any point of the Muriel’s Wedding saga without having to search the DVD laser print. How are ‘print’ elements used in Muriel’s Wedding? Firstly, a rose-coloured monoprint of Muriel Heslop’s smiling face stares enigmatically from the plastic surface of the DVD picture disc. The print is a still photo captured from her smile as she walked down the aisle of her white wedding. In this print, Toni Collette is the Mona Lisa of Australian culture, except that fans of Muriel’s Wedding know the meaning of that smile is a magical combination of the actor’s art: the smile is both the flush of dreams come true and the frightening self deception that will kill her mother. Inserting and playing the disc, the text-dominant menu appears, and the film commences with the text-dominant opening titles. Text and titles confer a legitimacy on a work, whether it is a trade mark of the laser print owners, or the household names of stars. Text titles confer status relationships on both the presenters of the cultural artifact and the viewer who has entered into a legal license agreement with the owners of the movie. A title makes us comfortable, because the mind always seeks to name the unfamiliar, and a set of text titles does that job for us so that we can navigate the ‘tracks’ and settle into our engagement with the unfamiliar. The apparent ‘truth’ and ‘stability’ of printed text calms our fears and beguiles our uncertainties. Muriel attends the white wedding of a school bully bride, wearing a leopard print dress she has stolen. Muriel’s spotted wild animal print contrasts with the pure white handmade dress of the bride. In Muriel’s leopard textile print, we have the wild, rebellious, impoverished, inappropriate intrusion into the social ritual and fantasy of her high-status tormentor. An off-duty store detective recognizes the printed dress and calls the police. The police are themselves distinguished by their blue-and-white checked prints and other mechanically reproduced impressions of cultural symbols: in steel, brass, embroidery, leather and plastics. Muriel is driven in the police car past the stenciled town sign (‘Welcome To Porpoise Spit’ heads a paragraph of small print). She is delivered to her father, a politician who presides over the policing of his town. In a state where the judiciary, police and executive are hijacked by the same tyrant, Muriel’s father, Bill, pays off the police constables with a carton of legal drugs (beer) and Muriel must face her father’s wrath, which he proceeds to transfer to his detested wife. Like his daughter, the father also wears a spotted brown print costume, but his is a batik print from neighbouring Indonesia (incidentally, in a nation that takes the political status of its batik prints very seriously). Bill demands that Muriel find the receipt for the leopard print dress she claims she has purchased. The legitimate ownership of the object is enmeshed with a printed receipt, the printed evidence of trade. The law (and the paramilitary power behind the law) are legitimized, or contested, by the presence or absence of printed text. Muriel hides in her bedroom, surround by poster prints of the pop group ABBA. Torn-out prints of other people’s weddings adorn her mirror. Her face is embossed with the clown-like primary colours of the marionette as she lifts a bouquet to her chin and stares into the real time ‘print’ of her mirror image. Bill takes the opportunity of a business meeting with Japanese investors to feed his entire family at ‘Charlie Chan’’s restaurant. Muriel’s middle sister sloppily wears her father’s state election tee shirt, printed with the text: ‘Vote 1, Bill Heslop. You can’t stop progress.’ The text sets up two ironic gags that are paid off on the dialogue track: “He lost,’ we are told. ‘Progress’ turns out to be funding the concreting of a beach. Bill berates his daughter Muriel: she has no chance of becoming a printer’s apprentice and she has failed a typing course. Her dysfunction in printed text has been covered up by Bill: he has bribed the typing teacher to issue a printed diploma to his daughter. In the gambling saloon of the club, under the arrays of mechanically repeated cultural symbols lit above the poker machines (‘A’ for ace, ‘Q’ for queen, etc.), Bill’s secret girlfriend Diedre risks giving Muriel a cosmetics job. Another text icon in lights announces the surf nightclub ‘Breakers’. Tania, the newly married queen bitch who has made Muriel’s teenage years a living hell, breaks up with her husband, deciding to cash in his negotiable text documents – his Bali honeymoon tickets – and go on an island holiday with her girlfriends instead. Text documents are the enduring site of agreements between people and also the site of mutations to those agreements. Tania dumps Muriel, who sobs and sobs. Sobs are a mechanical, percussive reproduction impressed on the sound track. Returning home, we discover that Muriel’s older brother has failed a printed test and been rejected for police recruitment. There is a high incidence of print illiteracy in the Heslop family. Mrs Heslop (Jeannie Drynan), for instance, regularly has trouble at the post office. Muriel sees a chance to escape the oppression of her family by tricking her mother into giving her a blank cheque. Here is the confluence of the legitimacy of a bank’s printed negotiable document with the risk and freedom of a blank space for rebel Muriel’s handwriting. Unable to type, her handwriting has the power to steal every cent of her father’s savings. She leaves home and spends the family’s savings at an island resort. On the island, the text print-challenged Muriel dances to a recording (sound print) of ABBA, her hand gestures emphasizing her bewigged face, which is made up in an impression of her pop idol. Her imitation of her goddesses – the ABBA women, her only hope in a real world of people who hate or avoid her – is accompanied by her goddesses’ voices singing: ‘the mystery book on the shelf is always repeating itself.’ Before jpeg and gif image downloads, we had postcard prints and snail mail. Muriel sends a postcard to her family, lying about her ‘success’ in the cosmetics business. The printed missal is clutched by her father Bill (Bill Hunter), who proclaims about his daughter, ‘you can’t type but you really impress me’. Meanwhile, on Hibiscus Island, Muriel lies under a moonlit palm tree with her newly found mentor, ‘bad girl’ Ronda (Rachel Griffiths). In this critical scene, where foolish Muriel opens her heart’s yearnings to a confidante she can finally trust, the director and DP have chosen to shoot a flat, high contrast blue filtered image. The visual result is very much like the semiabstract Japanese Ukiyo-e woodblock prints by Utamaro. This Japanese printing style informed the rise of European modern painting (Monet, Van Gogh, Picasso, etc., were all important collectors and students of Ukiyo-e prints). The above print and text elements in Muriel’s Wedding take us 27 minutes into her story, as recorded on a single page of real-time handwritten Coding. Although not discussed here, the Coding recorded the complete film – a total of 106 minutes of text elements and main graphic elements – as four pages of Code. Referring to this Coding some weeks after it was made, I looked up the final code on page four: taxi [food of the sea] bq. Translation: a shop sign whizzes past in the film’s background, as Muriel and Ronda leave Porpoise Spit in a taxi. Over their heads the text ‘Food Of The Sea’ flashes. We are reminded that Muriel and Ronda are mermaids, fantastic creatures sprung from the brow of author PJ Hogan, and illuminated even today in the pantheon of women’s coming-of-age art works. That the movie is relevant ten years on is evidenced by the current usage of the Muriel’s Wedding online forum, an intersection of wider discussions by sliterate women on imdb.com who, like Muriel, are observers (and in some cases victims) of horrific pressure from ambitious female gangs and bullies. Text is always a minor element in a motion picture (unless it is a subtitled foreign film) and text usually whizzes by subliminally while viewing a film. By Coding the work for [text], all the text nuances made by the film makers come to light. While I have viewed Muriel’s Wedding on many occasions, it has only been in Coding it specifically for text that I have noticed that Muriel is a representative of that vast class of talented youth who are discriminated against by print (as in text) educators who cannot offer her a life-affirming identity in the English classroom. Severely depressed at school, and failing to type or get a printer’s apprenticeship, Muriel finds paid work (and hence, freedom, life, identity, independence) working in her audio visual printed medium of choice: a video store in a new city. Muriel found a sliterate admirer at the video store but she later dumped him for her fantasy man, before leaving him too. One of the points of conjecture on the imdb Muriel’s Wedding site is, did Muriel (in the unwritten future) get back together with admirer Brice Nobes? That we will never know. While a print forms a track that tells us where culture has been, a print cannot be the future, a print is never animate reality. At the end of any trail of prints, one must lift one’s head from the last impression, and negotiate satisfaction in the happening world. References Australian Broadcasting Corporation. “Memo Shows US General Approved Interrogations.” 30 Mar. 2005 http://www.abc.net.au>. British Broadcasting Commission. “Films ‘Fuel Online File-Sharing’.’’ 22 Feb. 2005 http://news.bbc.co.uk/1/hi/technology/3890527.stm>. Bretherton, I. “The Origins of Attachment Theory: John Bowlby and Mary Ainsworth.” 1994. 23 Jan. 2005 http://www.psy.med.br/livros/autores/bowlby/bowlby.pdf>. Bunniesormaybemidgets. Chat Room Comment. “What Did Those Girls Do to Rhonda?” 28 Mar. 2005 http://us.imdb.com/title/tt0110598/board/>. Chinese Graphic Arts Net. Mantras of the Dharani Sutra. 20 Feb. 2005 http://www.cgan.com/english/english/cpg/engcp10.htm>. Ewins, R. Barkcloth and the Origins of Paper. 1991. 20 Feb. 2005 http://www.justpacific.com/pacific/papers/barkcloth~paper.html>. Grassl K.R. The DVD Statistical Report. 14 Mar. 2005 http://www.corbell.com>. Hahn, C. M. The Topic Is Paper. 20 Feb. 2005 http://www.nystamp.org/Topic_is_paper.html>. Harper, D. Online Etymology Dictionary. 14 Mar. 2005 http://www.etymonline.com/>. Mask of Zorro, The. Screenplay by J McCulley. UA, 1920. Muriel’s Wedding. Dir. PJ Hogan. Perf. Toni Collette, Rachel Griffiths, Bill Hunter, and Jeannie Drynan. Village Roadshow, 1994. O’Hagan, Jack. On The Road to Gundagai. 1922. 2 Apr. 2005 http://ingeb.org/songs/roadtogu.html>. Poole, J.H., P.L. Tyack, A.S. Stoeger-Horwath, and S. Watwood. “Animal Behaviour: Elephants Are Capable of Vocal Learning.” Nature 24 Mar. 2005. Sanchez, R. “Interrogation and Counter-Resistance Policy.” 14 Sept. 2003. 30 Mar. 2005 http://www.abc.net.au>. Schultheiss, O.C., M.M. Wirth, and S.J. Stanton. “Effects of Affiliation and Power Motivation Arousal on Salivary Progesterone and Testosterone.” Hormones and Behavior 46 (2005). Sherry, N. The Life of Graham Greene. 3 vols. London: Jonathan Cape 2004, 1994, 1989. Silk Road. Printing. 2000. 20 Feb. 2005 http://www.silk-road.com/artl/printing.shtml>. Smith, T. “Elpida Licenses ‘DVD on a Chip’ Memory Tech.” The Register 20 Feb. 2005 http://www.theregister.co.uk/2005/02>. —. “Intel Boffins Build First Continuous Beam Silicon Laser.” The Register 20 Feb. 2005 http://www.theregister.co.uk/2005/02>. Watson, R. S. “Eyes And Ears: Dramatic Memory Slicing and Salable Media Content.” Innovation and Speculation, ed. Brad Haseman. Brisbane: QUT. [in press] Watson, R. S. Visions. Melbourne: Curriculum Corporation, 1994. Citation reference for this article MLA Style Watson, Robert. "E-Press and Oppress: Audio Visual Print Drama, Identity, Text and Motion Picture Rebellion." M/C Journal 8.2 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0506/08-watson.php>. APA Style Watson, R. (Jun. 2005) "E-Press and Oppress: Audio Visual Print Drama, Identity, Text and Motion Picture Rebellion," M/C Journal, 8(2). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0506/08-watson.php>.

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.

LEGO and Adult Hobbyism For much of its history, LEGO has been regarded as a – if not the – children’s toy. Partially through The LEGO Group (TLG)’s own careful deployment of research on constructivist learning, the building system’s recombinatory logic, bright colours, and foot-destroying durability have become associated with paradigmatic notions of what children’s play is and does (Giddings; Maddalena). And yet the world of adult LEGO hobbyism is complex, rich, and worthy of scholarly attention in its own regard. As recent headlines about the popularity of toys among adults have indicated, LEGO is increasingly viewed as a legitimate adult pastime, if not investment opportunity (Peachey; Fuller and Dorning). Over the course of the pandemic, TLG very carefully targeted whole product lines towards adult builders. Themes like Architecture, Creator Expert, Art, and Botanicals are marketed as tools for adult mindfulness and meditation: expensive 3D colouring books that, when finished, belong on walls, office desks, or coffee tables as display pieces, rather than ending up in pieces on the floor. Such sets may even be accompanied by Spotify playlists meant to serve as ambient noise during building (for more on this topic, see Ogden). But LEGO has been used, collected, and modified by adult enthusiasts for decades, spawning the large and vibrant community of self-identified Adult Fans of LEGO, or AFOLs (Jennings). LEGO serves as the medium for a wide and surprisingly varied matrix of practices undertaken quite seriously by these committed hobbyists, as well as scores of artists and entrepreneurs – including those whose building and collecting practices put them at odds with the AFOL community (Taylor and Ingraham). These practices include, but are not limited to, crafting and circulating instructions for fan-made creations (My Own Creation, or MOCs), either as a hobby or a lucrative business; creating LEGO sculptures for private collectors, museums, fan conventions, and art galleries; designing and printing LEGO-compatible pieces and minifigure accessories that LEGO itself cannot or will not create; and modifying minifigures with decals and/or commercial-quality printing, most often to resemble characters from media franchises for which LEGO does not have licensing agreements. Given how expensive LEGO is, and how difficult it can be to acquire individual pieces through LEGO’s own Website (particularly in bulk), almost all these practices rely on ready access to aftermarket sources of LEGO. While Facebook and eBay are common resources for used or pre-purchased sets, Bricklink is the most popular site for serious builders. Dubbed the ‘LEGO eBay’, it provides a platform for hundreds of thousands of individual sellers from all over the world to make their pieces available to millions of buyers. In Bricklink’s cataloguing system, every type of piece is given a part number (the same as LEGO uses), and the site provides the piece breakdown for (almost) every set; every Bricklink seller is required to catalogue their own inventory using this system. As a result, buyers can search for and purchase any piece that LEGO has made, in any colour available, either used or new, and at quantity. Because these are sourced from individual sellers and not LEGO directly, and both buyers and sellers can rate each other’s service (as on any good platform), Bricklink works far better than LEGO (or Facebook and eBay, for that matter) to service the kinds of bulk and specialised piece purchases required by both dabblers and serious hobbyists. If you’ve lost pieces required to assemble a set, look for them on Bricklink, where you can sort by brick condition, country of seller, and number of available pieces; if you want to collect Star Wars-themed minifigures, but don’t care for the grey-monotone spaceships they come with, itemise and inventory the unwanted pieces and sell them on your Bricklink storefront. You can also browse for whole sets, in new or used condition; official instructions; and instructions for user-created MOCs. You can even purchase the colourful cardboard boxes (emptied) in which LEGO sets come packaged. In the conversations my colleagues and I had with LEGO hobbyists, artists, and entrepreneurs, which formed the basis for our edited volume on LEGO as material medium, it became clear that Bricklink features centrally in their creative practices (Taylor and Ingraham). It constitutes a vital infrastructure for the teeming exchange in aftermarket LEGO, amounting to millions of transactions and billions of plastic pieces a year. It is, as one influential LEGO blogger put it, the “lifeblood” of the hobbyist community (Ong). Acknowledging Bricklink’s vital role among adult LEGO enthusiasts, this article takes up the implications of its acquisition by TLG in 2019, and the company’s subsequent efforts to curtail what it regards as unsanctioned uses of its product. Where journalistic coverage largely focussed on the ambivalence with which the AFOL community regards Bricklink’s acquisition (Wood), I turn instead to the effects that it has had (and may yet have) on the artists and entrepreneurs for whom LEGO is not just a creative medium, but a livelihood. To do so, I approach LEGO as a media platform, one engaged – as other commercial platforms are – in extending monopolistic reach over the means through which we craft and exchange cultural productions. LEGO as Platform Since losing its legal monopoly over interlocking bricks, allowing for hobbyists and other toy manufacturers to create products that are LEGO-compatible, TLG has pursued other means to dictate how its products are used (Rimmer). Namely, it has grown and leveraged its power as a media platform, using a combination of technical, discursive, and infrastructural techniques to shape how users produce and circulate their LEGO creations. In understanding LEGO as a media platform, I am more concerned with the ways in which the toy construction system operates as an apparatus of creation and connection, rather than its transmedial reach across movies, video games, television shows, and so on (which is how LEGO is more frequently discussed by media scholars; see Hains and Mazzarella). Tarleton Gillespie’s generative theorisation of platforms is useful in this regard, for the ways in which it deconstructs the semantic richness of the term and shows the ways in which media companies traffic in these manifold meanings. Gillespie speaks of the “figurative” sense of platforms (as structures that enable meaningful activity); the “computational” sense (as software operating systems); the “architectural” sense (the oldest and most mundane use of the term, as a technique of physical elevation); and in the political sense, as an organisation’s core values (Gillespie 349–50). As a “materially digital” building system, LEGO operationalises all these senses (Maddalena). It is at once a physical computational platform, particularly if we consider the numerous product lines as different applications; a tool for supporting creative expression, both in tangible and discursive ways (architectural and figurative platform, respectively); and a company that very publicly engages in progressivist education and safely progressive politics. For the LEGO hobbyists and entrepreneurs mentioned above, those who are most invested in LEGO as a medium of expression rather than as an education tool, the architectural and computational aspects of LEGO are most immediate. LEGO is their medium of choice, the recombinatory potentials of its elements making it possible to translate virtually any experience or artifact into LEGO form: in other words, to “LEGOfy” it (Ingraham and Taylor). These creators have come up with numerous applications of the toy, some mentioned above (and documented more exhaustively in our other work), from minifigure modification to self-published MOCs. Such applications frequently undermine the careful work carried out by TLG to position LEGO as a progressive and family-oriented educational tool: as a figurative and political platform for constructive play. Below are two examples of small businesses whose products created for adult LEGO enthusiasts produce tensions between these various facets of LEGO’s platform. Making Guns and Breaking Bad BrickArms manufactures small arms to fit in the small arms of LEGO’s iconic minifigures: scale models of actual historical or contemporary weapons, as well as some science fiction-themed killing machines. In glib terms, BrickArms makes guns, many of them, for LEGO minifigures. Their products are used extensively by hobbyists and other entrepreneurs because they fill a void left by LEGO’s consistently stated (if inconsistently exercised) stance against military weaponry. BrickArms does not sell its products directly; rather, they are sold through other small businesses like the military-themed set maker Brickmania, which also features BrickArms weapons in its products. If BrickArms undermines LEGO’s figurative platform by producing a range of realistic weapons that are at once technically interoperable and ideologically incompatible with the toy, custom minifigure makers like Citizen Brick (which also sells BrickArms products on its Website) pose a related, but different threat. Citizen Brick produces adult-themed minifigures, accessories, and pieces by imprinting official LEGO elements with designs that are frequently raunchy, violent, and/or flagrantly in violation both of TLG’s intellectual property arrangements with other media franchises, as well as its family-friendly brand image. For instance, one popular Citizen Brick product is the “Chemistry Enthusiast”, a minifigure which bears a striking (albeit LEGOfied) resemblance to science teacher-turned-meth-magnate Walter White from Breaking Bad. Both Citizen Brick and BrickArms operate legally, producing LEGO-compatible products, but both quite deliberately (even gleefully, in the case of Citizen Brick and its tongue-in-cheek marketing) undermine TLG’s core values. These and other similar businesses, not to mention countless hobbyist MOC-makers, present TLG with a conundrum: how to stop entrepreneurs, hobbyists, and artists from creating and distributing violent, reactionary, and/or non-family-friendly uses of a product that is otherwise celebrated for its limitless expressive potential? To put it in terms familiar to media theorists: how might TLG, as platform owner, moderate undesirable content – in this case, content that is tactile and material rather than virtual? Re-Assembling Bricklink Content moderation may not have been the sole reason between TLG’s decision to purchase Bricklink from South Korean tech business Nexon; certainly, gaining access to the data on users’ inventories and transactions was also among its key considerations. But the actions taken by TLG shortly after it took control suggest that curbing undesirable uses of its product (particularly those carried out for commercial purposes) was at least one major goal. While TLG rationalised its purchase of Bricklink in terms of supporting its users (“empower the creativity of AFOLs and fuel future innovations”), its first steps were to ban products that featured builds of characters and scenes from media franchises outside of LEGO’s current license partnerships (Bricklink). It also banned the circulation of user-generated LEGO-interoperable products; notable among these banned products were those made by BrickArms. TLG’s rationale for banning BrickArms was that LEGOfied assault rifles are incommensurate with the values of LEGO – that is, with its status as a figurative and political platform. This is consistent with its public statements (published in 2010, and no longer available online) regarding its refusal to produce certain tools of violence for its own product lines: “the basic aim is to avoid realistic weapons and military equipment that children may recognize from hot spots around the world and to refrain from showing violent or frightening situations when communicating about LEGO products” (TLG, quoted by Lendon). As laudable as this corporate stance is, TLG’s weapons ban has been inconsistently exercised; after all, “realistic” weapons from swords to submachine guns appear regularly across LEGO’s multiple product lines built around fantasy-themed violence. A different, perhaps more compelling rationale for TLG’s acquisition of Bricklink, and its ban both on non-LEGO products on the site (not just guns) and on products modelled after unlicenced media franchises, is to accomplish through infrastructural means what the company has been unable to do legally, since losing its suit against Canadian toymaker Mega Bloks: that is, to assert a monopoly over building toy systems by curtailing the capacity for either businesses or private individuals to incorporate non-LEGO products into their creations, whether commercial and non-commercial. Like other major media platforms, LEGO encourages connection, openness, and creativity – so long as we use its platform, and its platform exclusively, to do so. Here, we can mobilise a further notion of platform, which has attracted considerable scholarly attention in the last decade: understanding platforms as the economic engine of contemporary late-stage capitalism, with the “platformisation” of increasing sectors of the economy entailing the transformation of jobs and, perhaps as frequently, hobbies, into gig work (Nieborg and Poell; Vallas and Schor). Under these conditions, the platformisation of LEGO – facilitated, in part, by TLG’s acquisition of Bricklink – positions small businesses like BrickArms and Citizen Brick, not to mention the countless artists who work with LEGO, as platform workers. They are utterly dependent on access to LEGO, both in terms of the interoperability of their products and in terms of their ability to distribute their products to LEGO hobbyists and enthusiasts. Like other platform workers, their livelihoods are profoundly shaped by the regulatory regimes and policy shifts of corporate media giants. Conclusion: Infrastructural Instructions While subtle and arguably relatively contained in its effects, TLG’s operations regarding its acquisition and subsequent content moderation of Bricklink align it with other “platformised infrastructures” like Facebook, Twitter, and Steam: commercial-run systems of connection that purport to foster open, creative forms of production and exchange, while at the same time extending near-monopolistic control over those means of production and exchange (Plantin et al. 298). TLG wants us all to play nice, and very adroitly positions LEGO as the paradigmatic medium for children’s open exploratory play and, increasingly, for adults’ mindfulness and self-care. It has very clear ideas about what playing nice entails: no offensive content, nothing overtly harmful or hurtful, and a cheerful embrace of a sort of focus-grouped politics of progressive representation (Johnson). But playing nice also means, crucially, avoiding anything that is not LEGO. It is a notion of nice that is fundamentally commensurate with and concerned for LEGO’s virtual monopoly on recombinatory, material play. This is a monopoly which, while no longer legal, has been waged ideologically to great success, such that incorporating LEGO-compatible, non-LEGO-branded building bricks into one’s hobbyist builds or commercial aftermarket products is anathema to the AFOL community – those for whom Bricklink is their lifeblood (Taylor). With the acquisition of Bricklink, it is now a monopoly that can be exerted infrastructurally as well. For those who rely on Bricklink for their hobby, if not their livelihood, the message is clear: play by our rules, or don’t play at all. LEGO famously has a profoundly ambivalent relationship to instructions: instructions formalise and cement LEGO’s creative potentials, but also curtail them. By way of conclusion, we might consider how LEGO’s acquisition of Bricklink constitutes a set of infrastructural instructions: prescriptions not for how certain pieces can fit together to build certain things, but around what constitutes appropriate and acceptable uses of a product that ostensibly has limitless creative possibilities. This set of infrastructural prescriptions has less to do with LEGO’s moral stance as an arbiter and champion of creativity, problem-solving, and progressive education – that is, with its operations as a figurative and political platform – and more with LEGO’s monopolistic aspirations to be ‘the’ operating platform for materially digital creation. References BrickLink. “BrickLink Joins the LEGO Group – FAQ.” 26 Jan. 2023 <https://www.bricklink.com/r3/announcement/lego_bl_faq.page>. Fuller, Jason, and Courtney Dorning. “It May Be More Lucrative to Invest in Collectible LEGO Sets than in Gold, Study Finds.” NPR, 21 Dec. 2021. <https://www.npr.org/2021/12/21/1066493441/it-may-be-more-lucrative-to-invest-in-collectible-lego-sets-than-in-gold-study-f>. Giddings, Seth. “Bright Bricks, Dark Play: On the Impossibility of Studying LEGO.” In LEGO Studies: Examining the Building Blocks of a Transmedial Phenomenon. Ed. Mark J.P. Wolf. New York: Routledge, 2014. 241–67. <https://eprints.soton.ac.uk/386083/>. Gillespie, Tarleton. “The Politics of ‘Platforms.’” New Media & Society 12.3 (2010): 347–64. <https://doi.org/10.1177/1461444809342738>. Hains, Rebecca C., and Sharon R. Mazzarella, eds. Cultural Studies of LEGO: More than Just Bricks. Springer Nature, 2019. Ingraham, Chris, and Nicholas T. Taylor. “Theorybuilding with LEGO: A Material Digital Media.” Digital Doxa, 30 Mar. 2020. <https://www.digitaldoxa.org/post/theorybuilding-with-lego-a-material-digital-media-chris-ingraham-and-nick-taylor>. Jennings, Nancy A. “‘It’s All about the Brick’: Mobilizing Adult Fans of LEGO.” In Cultural Studies of LEGO: More than Just Bricks. Eds. Rebecca C. Hains and Sharon R. Mazzarella. Springer, 2019. 221–43. <https://doi.org/10.1007/978-3-030-32664-7_10>. Johnson, Derek. “A License to Diversify: Media Franchising and the Transformation of the ‘Universal’ LEGO Minifigure.” In Cultural Studies of LEGO: More than Just Bricks. Eds. Rebecca C. Hains and Sharon R. Mazzarella. Springer, 2019. Lendon, Brad. “LEGO Won’t Make Modern War Machines, But Others Are Picking Up the Pieces.” CNN. 26 Jan. 2023 <https://www.cnn.com/style/article/lego-military-sets-intl-hnk-dst/index.html>. Maddalena, Kate. Mediating Atomistic Ontologies: LEGO, Synthetic Biology, and a Digital Episteme. North Carolina State University, 15 Apr. 2014. <http://www.lib.ncsu.edu/resolver/1840.16/9473>. Nieborg, David B., and Thomas Poell. “The Platformization of Cultural Production: Theorizing the Contingent Cultural Commodity.” New Media & Society 20.11 (2018): 4275–92. <https://doi.org/10.1177/1461444818769694>. Ogden, Malcolm. “LEGOfied Sound: On the Labor and Leisure of ‘LEGO White Noise.’” Resonance: The Journal of Sound and Culture 4.2 (2023). Ong, Jay. “LEGO Acquires Bricklink. Why I Think This Is a Bad Idea.” Jay’s Brick Blog, 26 Nov. 2019. <https://jaysbrickblog.com/news/lego-acquires-bricklink-why-i-think-this-is-a-bad-idea/>. Peachey, Kevin. “Parents Buying More Toys and Games for Themselves.” BBC News, 25 Jan. 2023. <https://www.bbc.com/news/business-64386885>. Plantin, Jean-Christophe, et al. “Infrastructure Studies Meet Platform Studies in the Age of Google and Facebook.” New Media & Society 20.1 (2018): 293–310. <https://doi.org/10.1177/1461444816661553>. Rimmer, Matthew. “Trouble in Legoland: Trade Mark Law and Functionality.” Australian Intellectual Property Newsletter Archive, 22 Mar. 2006. <https://eprints.qut.edu.au/215082/>. Taylor, Nicholas T. “Purity and the Boundaries of Belonging.” In LEGOfied: Building Blocks as Media. Eds. Nicholas T. Taylor and Chris Ingraham. Bloomsbury Academic, 2020. 139–64. <https://doi.org/10.5040/9781501354076>. Taylor, Nicholas T., and Chris Ingraham, eds. LEGOfied: Building Blocks as Media. Bloomsbury Publishing, 2020. Vallas, Steven, and Juliet B. Schor. “What Do Platforms Do? Understanding the Gig Economy.” Annual Review of Sociology 46.1 (2020): 273–94. <https://doi.org/10.1146/annurev-soc-121919-054857>. Wood, Zoe. “Lego Accused of Muscling In on Fans after BrickLink Takeover.” The Guardian, 20 Dec. 2019. <https://www.theguardian.com/lifeandstyle/2019/dec/20/lego-accused-of-muscling-in-on-fans-after-bricklink-takeover>.

Since the fall of the Berlin Wall, and most particularly since 9/11, the government of the United States has used its security services to enforce the order it desires for the world. The US government and its security services appreciate the importance of creating the ideological environment that allows them full-scope in their activities. To these ends they have turned to the movie industry which has not been slow in accommodating the purposes of the state. In establishing the parameters of the War Against Terror after 9/11, one of the Bush Administration’s first stops was Hollywood. White House strategist Karl Rove called what is now described as the Beverley Hills Summit on 19 November 2001 where top movie industry players including chairman of the Motion Picture Association of America, Jack Valenti met to discuss ways in which the movie industry could assist in the War Against Terror. After a ritual assertion of Hollywood’s independence, the movie industry’s powerbrokers signed up to the White House’s agenda: “that Americans must be called to national service; that Americans should support the troops; that this is a global war that needs a global response; that this is a war against evil” (Cooper 13). Good versus evil is, of course, a staple commodity for the movie industry but storylines never require the good guys to fight fair so with this statement the White House got what it really wanted: Hollywood’s promise to stay on the big picture in black and white while studiously avoiding the troubling detail in the exercise extra-judicial force and state-sanctioned murder. This is not to suggest that the movie industry is a monolithic ideological enterprise. Alternative voices like Mike Moore and Susan Sarandon still find space to speak. But the established economics of the scenario trade are too strong for the movie industry to resist: producers gain access to expensive weaponry to assist production if their story-lines are approved by Pentagon officials (‘Pentagon provides for Hollywood’); the Pentagon finances movie and gaming studios to provide original story formulas to keep their war-gaming relevant to emerging conditions (Lippman); and the Central Intelligence Agency’s “entertainment liaison officer” assists producers in story development and production (Gamson). In this context, the moulding of story-lines to the satisfaction of the Pentagon and CIA is not even an issue, and protestations of Hollywood’s independence is meaningless, as the movie industry pursues patriotic audiences at home and seeks to garner hearts and minds abroad. This is old history made new again. The Cold War in the 1950s saw movies addressing the disruption of world order not so much by Communists as by “others”: sci-fi aliens, schlock horror zombies, vampires and werewolves and mad scientists galore. By the 1960s the James Bond movie franchise, developed by MI5 operative Ian Fleming, saw Western secret agents ‘licensed to kill’ with the justification that such powers were required to deal with threats to world order, albeit by fanciful “others” such as the fanatical scientist Dr. No (1962). The Bond villains provide a catalogue of methods for the disruption of world order: commandeering atomic weapons and space flights, manipulating finance markets, mind control systems and so on. As the Soviet Union disintegrated, Hollywood produced a wealth of material that excused the paranoid nationalism of the security services through the hegemonic masculinity of stars such as Sylvester Stallone, Arnold Schwarzenegger, Steven Seagal and Bruce Willis (Beasley). Willis’s Die Hard franchise (1988/1990/1995) characterised US insouciance in the face of newly created terrorist threats. Willis personified the strategy of the Reagan, first Bush and Clinton administrations: a willingness to up the ante, second guess the terrorists and cower them with the display of firepower advantage. But the 1997 instalment of the James Bond franchise saw an important shift in expectations about the source of threats to world order. Tomorrow Never Dies features a media tycoon bent on world domination, manipulating the satellite feed, orchestrating conflicts and disasters in the name of ratings, market share and control. Having dealt with all kinds of Cold War plots, Bond is now confronted with the power of the media itself. As if to mark this shift, Austin Powers: International Man of Mystery (1997) made a mockery of the creatively bankrupt conventions of the spy genre. But it was the politically corrupt use to which the security services could be put that was troubling a string of big-budget filmmakers in the late 90s. In Enemy of the State (1998), an innocent lawyer finds himself targeted by the National Security Agency after receiving evidence of a political murder motivated by the push to extend the NSA’s powers. In Mercury Rising (1998), a renegade FBI agent protects an autistic boy who cracks a top-secret government code and becomes the target for assassins from an NSA-like organisation. Arlington Road (1999) features a college professor who learns too much about terrorist organisations and has his paranoia justified when he becomes the target of a complex operation to implicate him as a terrorist. The attacks on September 11 and subsequent Beverley Hills Summit had a major impact on movie product. Many film studios edited films (Spiderman) or postponed their release (Schwarzenegger’s Collateral Damage) where they were seen as too close to actual events but insufficiently patriotic (Townsend). The Bond franchise returned to its staple of fantastical villains. In Die Another Day (2002), the bad guy is a billionaire with a laser cannon. The critical perspective on the security services disappeared overnight. But the most interesting development has been how fantasy has become the key theme in a number of franchises dealing with world order that have had great box-office success since 9/11, particularly Lord of the Rings (2001/2/3) and Harry Potter (2001/2/4). While deeply entrenched in the fantasy genre, each of these franchises also addresses security issues: geo-political control in the Rings franchise; the subterfuges of the Ministry for Muggles in the _Potter _franchise. Looking at world order through the supernatural lens has particular appeal to audiences confronted with everyday threats. These fantasies follow George Bush’s rhetoric of the “axis of evil” in normalising the struggle for world order in term of black and white with the expectation that childish innocence and naïve ingenuity will prevail. Only now with three years hindsight since September 11 can we begin to see certain amount of self-reflection by disenchanted security staff return to the cinema. In Man on Fire (2004) the burned-out ex-CIA assassin has given up on life but regains some hope while guarding a child only to have everything disintegrate when the child is killed and he sets out on remorseless revenge. Spartan (2004) features a special forces officer who fails to find a girl and resorts to remorseless revenge as he becomes lost in a maze of security bureaucracies and chance events. Security service personnel once again have their doubts but only find redemption in violence and revenge without remorse. From consideration of films before and after September 11, it becomes apparent that the movie industry has delivered on their promises to the Bush administration. The first response has been the shift to fantasy that, in historical terms, will be seen as akin to the shift to musicals in the Depression. The flight to fantasy makes the point that complex situations can be reduced to simple moral decisions under the rubric of good versus evil, which is precisely what the US administration requested. The second, more recent response has been to accept disenchantment with the personal costs of the War on Terror but still validate remorseless revenge. Quentin Tarantino’s Kill Bill franchise (2003/4) seeks to do both. Thus the will to world order being fought out in the streets of Iraq is sublimated into fantasy or excused as a natural response to a world of violence. It is interesting to note that television has provided more opportunities for the productive consideration of world order and the security services than the movies since September 11. While programs that have had input from the CIA’s “entertainment liaison officer” such as teen-oriented, Buffy-inspired Alias and quasi-authentic The Agency provide a no-nonsense justification for the War on Terror (Gamson), others such as 24, West Wing _and _Threat Matrix have confronted the moral problems of torture and murder in the War on Terrorism. 24 uses reality TV conventions of real-time plot, split screen exposition, unexpected interventions and a close focus on personal emotions to explore the interactions between a US President and an officer in the Counter Terrorism Unit. The CTU officer does not hesitate to summarily behead a criminal or kill a colleague for operational purposes and the president takes only a little longer to begin torturing recalcitrant members of his own staff. Similarly, the president in West Wing orders the extra-judicial death of a troublesome player and the team in Threat Matrix are ready to exceeded their powers. But in these programs the characters struggle with the moral consequences of their violent acts, particularly as family members are drawn into the plot. A running theme of Threat Matrix is the debate within the group of their choices between gung-ho militarism and peaceful diplomacy: the consequences of a simplistic, hawkish approach are explored when an Arab-American college professor is wrongfully accused of supporting terrorists and driven towards the terrorists because of his very ordeal of wrongful accusation. The world is not black and white. Almost half the US electorate voted for John Kerry. Television still must cater for liberal, and wealthy, demographics who welcome the extended format of weekly television that allows a continuing engagement with questions of good or evil and whether there is difference between them any more. Against the simple world view of the Bush administration we have the complexities of the real world. References Beasley, Chris. “Reel Politics.” Australian Political Studies Association Conference, University of Adelaide, 2004. Cooper, Marc. “Lights! Cameras! Attack!: Hollywood Enlists.” The Nation 10 December 2001: 13-16. Gamson, J. “Double Agents.” The American Prospect 12.21 (3 December 2001): 38-9. Lippman, John. “Hollywood Casts About for a War Role.” Wall Street Journal 9 November 2001: A1. “Pentagon Provides for Hollywood.” USA Today 29 March 2001. http://www.usatoday.com/life/movies/2001-05-17-pentagon-helps-hollywood.htm>. Townsend, Gary. “Hollywood Uses Selective Censorship after 9/11.” e.press 12 December 2002. http://www.scc.losrios.edu/~express/021212hollywood.html>. Citation reference for this article MLA Style Stockwell, Stephen. "The Manufacture of World Order: The Security Services and the Movie Industry." M/C Journal 7.6 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0501/10-stockwell.php>. APA Style Stockwell, S. (Jan. 2005) "The Manufacture of World Order: The Security Services and the Movie Industry," M/C Journal, 7(6). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0501/10-stockwell.php>.

Stand-up is a global phenomenon. It is Australia’s most significant form of advocatorial theatre and a major platform for challenging stigma and prejudice. In the twenty-first century, Australian stand-up is transforming into a more culturally diverse form and extending the spectrum of material addressing human rights. Since the 1980s Australian stand-up routines have moved beyond the old colonial targets of England and America, and Indigenous comics such as Kevin Kopinyeri, Andy Saunders, and Shiralee Hood have gained an established following. Additionally, the turn to Asia is evident not just in trade agreements and the higher education market but also in cultural exchange and in the billing of emerging Asian stand-ups at mainstream events. The major cultural driver for stand-up is the Melbourne International Comedy Festival (MICF), Australia’s largest cultural event, now over 30 years old, and an important site for dissecting constructs of democracy and nationhood. As John McCallum has observed, popular humour in post-World War II Australia drew on widespread feelings of “displacement, migration and otherness—resonant topics in a country of transplanted people and a dispossessed indigenous population arguing over a distinct Australian identity” (205–06). This essay considers the traditional comic strategies of first and second generation immigrant stand-ups in Australia and compares them with the new wave of post 9/11 Asian-Australian and Middle-Eastern-Australian stand-ups whose personas and interrogations are shifting the paradigm. Self-identifying Muslim stand-ups challenge myths of dominant Australian identity in ways which many still find confronting. Furthermore, the theories of incongruity, superiority, and psychological release re-rehearsed in traditional humour studies, by figures such as Palmer (1994) and Morreall (2009), are predicated on models of humour which do not always serve live performance, especially stand-up with its relational dependence on audience interaction.Stand-ups who immigrated to Australia as children or whose parents immigrated and struggled against adversity are important symbols both of the Australian comedy industry and of a national self-understanding of migrant resilience and making good. Szubanski and Berger hail from earlier waves of European migrants in the 1950s and 1960s. Szubanski has written eloquently of her complex Irish-Polish heritage and documented how the “hand-me-down trinkets of family and trauma” and “the culture clash of competing responses to calamity” have been integral to the development of her comic success and the making of her Aussie characters (347). Rachel Berger, the child of Polish holocaust survivors, advertises and connects both identities on her LinkedIn page: “After 23 years as a stand-up comedian, growing up with Jewish guilt and refugee parents, Rachel Berger knows more about survival than any idiot attending tribal council on reality TV.”Anh Do, among Australia’s most famous immigrant stand-ups, identifies as one of the Vietnamese “boat people” and arrived as a toddler in 1976. Do’s tale of his family’s survival against the odds and his creation of a persona which constructs the grateful, happy immigrant clown is the staple of his very successful routine and increasingly problematic. It is a testament to the power of Do’s stand-up that many did not perceive the toll of the loss of his birth country; the grinding poverty; and the pain of his father’s alcoholism, violence, and survivor guilt until the publication of Do’s ironically titled memoir The Happiest Refugee. In fact, the memoir draws on many of the trauma narratives that are still part of his set. One of Do’s most legendary routines is the story of his family’s sea journey to Australia, told here on ABC1’s Talking Heads:There were forty of us on a nine metre fishing boat. On day four of the journey we spot another boat. As the boat gets closer we realise it’s a boatload of Thai pirates. Seven men with knives, machetes and guns get on our boat and they take everything. One of the pirates picks up the smallest child, he lifts up the baby and rips open the baby’s nappy and dollars fall out. And the pirate decides to spare the kid’s life. And that’s a good thing cos that’s my little brother Khoa Do who in 2005 became Young Australian of the Year. And we were saved on the fifth day by a big German merchant ship which took us to a refugee camp in Malaysia and we were there for around three months before Australia says, come to Australia. And we’re very glad that happened. So often we heard Mum and Dad say—what a great country. How good is this place? And the other thing—kids, as you grow up, do as much as you can to give back to this great country and to give back to others less fortunate.Do’s strategy is apparently one of genuflection and gratitude, an adoption of what McCallum refers to as an Australian post-war tradition of the comedy of inadequacy and embarrassment (210–14). Journalists certainly like to bill Do as the happy clown, framing articles about him with headlines like Rosemary Neill’s “Laughing through Adversity.” In fact, Do is direct about his gallows humour and his propensity to darkness: his humour, he says, is a means of countering racism, of “being able to win people over who might have been averse to being friends with an Asian bloke,” but Neill does not linger on this, nor on the revelation that Do felt stigmatised by his refugee origins and terrified and shamed by the crippling poverty of his childhood in Australia. In The Happiest Refugee, Do reveals that, for him, the credibility of his routines with predominantly white Australian audiences lies in the crafting of himself as an “Aussie comedian up there talking about his working-class childhood” (182). This is not the official narrative that is retold even if it is how Do has endeared himself to Australians, and ridding himself of the happy refugee label may yet prove difficult. Suren Jayemanne is well known for his subtle mockery of multiculturalist rhetoric. In his 2016 MICF show, Wu-Tang Clan Name Generator, Jayemanne played on the supposed contradiction of his Sri Lankan-Malaysian heritage against his teenage years in the wealthy suburb of Malvern in Melbourne, his private schooling, and his obsession with hip hop and black American culture. Jayemanne’s strategy is to gently confound his audiences, leading them slowly up a blind alley. He builds up a picture of how to identify Sri Lankan parents, supposedly Sri Lankan qualities such as an exceptional ability at maths, and Sri Lankan employment ambitions which he argues he fulfilled in becoming an accountant. He then undercuts his story by saying he has recently realised that his suburban background, his numerical abilities, his love of black music, and his rejection of accountancy in favour of comedy, in fact prove conclusively that he has, all along, been white. He also confesses that this is a bruising disappointment. Jayemanne exposes the emptiness of the conceits of white, brown, and black and of invented identity markers and plays on his audiences’ preconceptions through an old storyteller’s device, the shaggy dog story. The different constituencies in his audiences enjoy his trick equally, from quite different perspectives.Diana Nguyen, a second generation Vietnamese stand-up, was both traumatised and politicised by Pauline Hanson when she was a teenager. Hanson described Nguyen’s community in Dandenong as “yellow Asian people” (Filmer). Nguyen’s career as a community development worker combating racism relates directly to her activity as a stand-up: migrant stories are integral to Australian history and Nguyen hypothesises that the “Australian psyche of being invaded or taken over” has reignited over the question of Islamic fundamentalism and expresses her concern to Filmer about the Muslim youths under her care.Nguyen’s alarm about the elision of Islamic radicalism with Muslim culture drives an agenda that has led the new generation of self-identified Muslim stand-ups since 9/11. This post 9/11 world is described by Wajahat as gorged with “exaggerated fear, hatred, and hostility toward Islam and Muslim [. . . ] and perpetuated by negative discrimination and the marginalisation and exclusion of Muslims from social, political, and civic life in western societies.” In Australia, Aamer Rahman, Muhamed Elleissi, Khaled Khalafalla, and Nazeem Hussain typify this newer, more assertive form of second generation immigrant stand-up—they identify as Muslim (whether religious or not), as brown, and as Australian. They might be said to symbolise a logical response to Ghassan Hage’s famous White Nation (1998), which argues that a white supremacism underlies the mindset of the white elite in Australia. Their positioning is more nuanced than previous generations of stand-up. Nazeem Hussain’s routines mark a transformation in Australian stand-up, as Waleed Aly has argued: “ethnic comedy” has hitherto been about the parading of stereotypes for comfortable, mainstream consumption, about “minstrel characters” [. . .] but Hussain interrogates his audiences in every direction—and aggravates Muslims too. Hussain’s is the world of post 9/11 Australian Muslims. It’s about more than ethnic stereotyping. It’s about being a consistent target of political opportunism, where everyone from the Prime Minister to the Foreign Minister to an otherwise washed-up backbencher with a view on burqas has you in their sights, where bombs detonate in Western capitals and unrelated nations are invaded.Understandably, a prevalent theme among the new wave of Muslim comics, and not just in Australia, is the focus on the reading of Muslims as manifestly linked with Islamic State (IS). Jokes about mistaken identity, plane crashes, suicide bombing, and the Koran feature prominently. English-Pakistani Muslim, Shazia Mirza, gained comedy notoriety in the UK in the wake of 9/11 by introducing her routine with the words: “My name’s Shazia Mirza. At least that’s what it says on my pilot’s licence” (Bedell). Stand-ups Negin Farsad, Ahmed Ahmed, and Dean Obeidalla are all also activists challenging prevailing myths about Islam, skin colour and terrorism in America. Egyptian-American Ahmed Ahmed acquired prominence for telling audiences in the infamous Axis of Evil Comedy Tour about how his life had changed much for the worse since 9/11. Ahmed Ahmed was the alias used by one of Osama Bin Laden’s devotees and his life became on ongoing struggle with anti-terrorism officials doing security checks (he was once incarcerated) and with the FBI who were certain that the comedian was among their most wanted terrorists. Similarly, Obeidalla, an Italian-Palestinian-Muslim, notes in his TEDx talk that “If you have a Muslim name, you are probably immune to identity theft.” His narration of a very sudden experience of becoming an object of persecution and of others’ paranoia is symptomatic of a shared understanding of a post 9/11 world among many Muslim comics: “On September 10th 2001 I went to bed as a white American and I woke up an Arab,” says Obeidalla, still dazed from the seismic shift in his life.Hussain and Khalafalla demonstrate a new sophistication and directness in their stand-up, and tackle their majority white audiences head-on. There is no hint of the apologetic or deferential stance performed by Anh Do. Many of the jokes in their routines target controversial or taboo issues, which up until recently were shunned in Australian political debate, or are absent or misrepresented in mainstream media. An Egyptian-Australian born in Saudi Arabia, Khaled Khalafalla arrived on the comedy scene in 2011, was runner-up in RAW, Australia’s most prestigious open mic competition, and in 2013 won the best of the Melbourne International Comedy Festival for Devious. Khalafalla’s shows focus on racist stereotypes and identity and he uses a range of Middle Eastern and Indian accents to broach IS recruitment, Muslim cousin marriages, and plane crashes. His 2016 MICF show, Jerk, was a confident and abrasive routine exploring relationships, drug use, the extreme racism of Reclaim Australia rallies, controversial visa checks by Border Force’s Operation Fortitude, and Islamophobia. Within the first minute of his routine, he criticises white people in the audience for their woeful refusal to master Middle Eastern names, calling out to the “brown woman” in the audience for support, before lining up a series of jokes about the (mis)pronunciation of his name. Khalafalla derives his power on stage by what Oliver Double calls “uncovering.” Double contends that “one of the most subversive things stand-up can do is to uncover the unmentionable,” subjects which are difficult or impossible to discuss in everyday conversation or the broadcast media (292). For instance, in Jerk Khalafalla discusses the “whole hating halal movement” in Australia as a metaphor for exposing brutal prejudice: Let me break it down for you. Halal is not voodoo. It’s just a blessing that Muslims do for some things, food amongst other things. But, it’s also a magical spell that turns some people into fuckwits when they see it. Sometimes people think it’s a thing that can get stuck to your t-shirt . . . like ‘Oh fuck, I got halal on me’ [Australian accent]. I saw a guy the other day and he was like Fuck halal, it funds terrorism. And I was like, let me show you the true meaning of Islam. I took a lamb chop out of my pocket and threw it in his face. And, he was like Ah, what was that? A lamb chop. Oh, I fucking love lamb chops. And, I say you fool, it’s halal and he burst into flames.In effect, Khalafalla delivers a contemptuous attack on the white members of his audience, but at the same time his joke relies on those same audience members presuming that they are morally and intellectually superior to the individual who is the butt of the joke. Khalafalla’s considerable charm is a help in this tricky send-up. In 2015 the Australian Department of Defence recognised his symbolic power and invited him to join the Afghanistan Task Force to entertain the troops by providing what Doran describes as “home-grown Australian laughs” (7). On stage in Australia, Khalafalla constructs a persona which is an outsider to the dominant majority and challenges the persecution of Muslim communities. Ironically, on the NATO base, Khalafalla’s act was perceived as representing a diverse but united Australia. McCallum has pointed to such contradictions, moments where white Australia has shown itself to be a “culture which at first authenticates emigrant experience and later abrogates it in times of defiant nationalism” (207). Nazeem Hussain, born in Australia to Sri Lankan parents, is even more confrontational. His stand-up is born of his belief that “comedy protects us from the world around us” and is “an evolutionary defence mechanism” (8–9). His ground-breaking comedy career is embedded in his work as an anti-racism activist and asylum seeker supporter and shaped by his second-generation migrant experiences, law studies, community youth work, and early mentorship by American Muslim comic trio Allah Made Me Funny. He is well-known for his pioneering television successes Legally Brown and Salam Café. In his stand-up, Hussain often dwells witheringly on the failings and peculiarities of white people’s attempts to interact with him. Like all his routines, his sell-out show Fear of the Brown Planet, performed with Aamer Rahman from 2004–2008, explored casual, pathologised racism. Hussain deliberately over-uses the term “white people” in his routines as a provocation and deploys a reverse racism against his majority white audiences, knowing that many will be squirming. “White people ask me how can Muslims have fun if they don’t drink? Muslims have fun! Of course we have fun! You’ve seen us on the news.” For Hussain stand-up is “fundamentally an art of protest,” to be used as “a tool by communities and people with ideas that challenge and provoke the status quo with a spirit of counterculture” (Low 1–3). His larger project is to humanise Muslims to white Australians so that “they see us firstly as human beings” (1–3). Hussain’s 2016 MICF show, Hussain in the Membrane, both satirised media hype and hysterical racism and pushed for a better understanding of the complex problems Muslim communities face in Australia. His show also connected issues to older colonial traditions of racism. In a memorable and beautifully crafted tirade, Hussain inveighed against the 2015 Bendigo riots which occurred after local Muslims lodged an application to Bendigo council to build a mosque in the sleepy Victorian town. [YELLING in an exaggerated Australian accent] No we don’t want Muslims! NO we don’t want Muslims—to come invade Bendigo by application to the local council! That is the most bureaucratic invasion of all times. No place in history has been invaded by lodging an application to a local council. Can you see ISIS running around chasing town planners? Of course not, Muslims like to wait 6–8 months to invade! That’s a polite way to invade. What if white people invaded that way? What a better world we’d be living in. If white people invaded Australia that way, we’d be able to celebrate Australia Day on the same day without so much blood on our hands. What if Captain Cook came to Australia and said [in a British accent] Awe we would like to apply to invade this great land and here is our application. [In an Australian accent] Awe sorry, mate, rejected, but we’ll give you Bendigo.As Waleed Aly sees it, the Australian cultural majority is still “unused to hearing minorities speak with such assertiveness.” Hussain exposes “a binary world where there’s whiteness, and then otherness. Where white people are individuals and non-white people (a singular group) are not” (Aly). Hussain certainly speaks as an insider and goes so far as recognising his coloniser’s guilt in relation to indigenous Australians (Tan). Aly well remembers the hate mail he and Hussain received when they worked on Salam Café: “The message was clear. We were outsiders and should behave as such. We were not real Australians. We should know our place, as supplicants, celebrating the nation’s unblemished virtue.” Khalafalla, Rahman, Elleissi, and Hussain make clear that the new wave of comics identify as Muslim and Australian (which they would argue many in the audiences receive as a provocation). They have zero tolerance of racism, their comedy is intimately connected with their political activism, and they have an unapologetically Australian identity. No longer is it a question of whether the white cultural majority in Australia will anoint them as worthy and acceptable citizens, it is a question of whether the audiences can rise to the moral standards of the stand-ups. The power has been switched. For Hussain laughter is about connection: “that person laughs because they appreciate the point and whether or not they accept what was said was valid isn’t important. What matters is, they’ve understood” (Low 5). ReferencesAhmed, Ahmed. “When It Comes to Laughter, We Are All Alike.” TedXDoha (2010). 16 June 2016 <http://tedxtalks.ted.com/video/TEDxDoha-Ahmed-Ahmed-When-it-Co>.Aly, Waleed. “Comment.” Sydney Morning Herald 24 Sep. 2013."Anh Do". Talking Heads with Peter Thompson. ABC1. 4 Oct. 2010. Radio.Bedell, Geraldine. “Veiled Humour.” The Guardian (2003). 8 Aug. 2016 <https://www.theguardian.com/stage/2003/apr/20/comedy.artsfeatures?CMP=Share_iOSApp_Other>.Berger, Rachel. LinkedIn [Profile page]. 14 June 2016 <http://www.linkedin.com/company/rachel-berger>.Do, Anh. The Happiest Refugee. Sydney: Allen and Unwin, 2010. Doran, Mark. "Service with a Smile: Entertainers Give Troops a Taste of Home.” Air Force 57.21 (2015). 12 June 2016 <http://www.defence.gov.au/Publications/NewsPapers/Raaf/editions/5721/5721.pdf>.Double, Oliver. Getting the Joke: The Inner Workings of Stand-Up Comedy. 2nd ed. London: Bloomsbury, 2014.Filmer, Natalie. "For Dandenong Comedian and Actress Diana Nguyen The Colour Yellow has a Strong Meaning.” The Herald Sun 3 Sep. 2013.Hage, Ghassan. White Nation: Fantasies of a White Supremacy in a Multicultural Age. Sydney: Pluto Press, 1998.Hussain, Nazeem. Hussain in the Membrane. Melbourne International Comedy Festival, 2016.———. "The Funny Side of 30.” Spectrum. The Age 12 Mar. 2016.Khalafalla, Khaled. Jerk. Melbourne International Comedy Festival, 2016.Low, Lian. "Fear of a Brown Planet: Fight the Power with Laughter.” Peril: Asian Australian Arts and Culture (2011). 12 June 2016 <http://peril.com.au/back-editions/edition10/fear-of-a-brown-planet-fight-the-power-with-laughter>. McCallum, John. "Cringe and Strut: Comedy and National Identity in Post-War Australia.” Because I Tell a Joke or Two: Comedy, Politics and Social Difference. Ed. Stephen Wagg. New York: Routledge, 1998. Morreall, John. Comic Relief. Oxford: Wiley-Blackwell, 2009.Neill, Rosemary. "Laughing through Adversity.” The Australian 28 Aug. 2010.Obeidalla, Dean. "Using Stand-Up to Counter Islamophobia.” TedXEast (2012). 16 June 2016 <http://tedxtalks.ted.com/video/TEDxEast-Dean-Obeidalla-Using-S;TEDxEast>.Palmer, Jerry. Taking Humour Seriously. London: Routledge, 1994. Szubanski, Magda. Reckoning. Melbourne: Text Publishing, 2015. Tan, Monica. "Aussie, Aussie, Aussie! Allahu Akbar! Nazeem Hussain's Bogan-Muslim Army.” The Guardian 29 Feb. 2016. "Uncle Sam.” Salam Café (2008). 11 June 2016 <https://www.youtube.com/watch?v=SeQPAJt6caU>.Wajahat, Ali, et al. "Fear Inc.: The Roots of the Islamophobia Network in America.” Center for American Progress (2011). 11 June 2016 <https://www.americanprogress.org/issues/religion/report/2011/08/26/10165/fear-inc>.

IntroductionIn the year 2000, a group of likeminded individuals got together and convened the first annual World Barista Championship in Monte Carlo. With twelve competitors from around the globe, each competitor was judged by seven judges: one head judge who oversaw the process, two technical judges who assessed technical skills, and four sensory judges who evaluated the taste and appearance of the espresso drinks. Competitors had fifteen minutes to serve four espresso coffees, four cappuccino coffees, and four “signature” drinks that they had devised using one shot of espresso and other ingredients of their choice, but no alcohol. The competitors were also assessed on their overall barista skills, their creativity, and their ability to perform under pressure and impress the judges with their knowledge of coffee. This competition has grown to the extent that eleven years later, in 2011, 54 countries held national barista championships with the winner from each country competing for the highly coveted position of World Barista Champion. That year, Alejandro Mendez from El Salvador became the first world champion from a coffee producing nation. Champion baristas are more likely to come from coffee consuming countries than they are from coffee producing countries as countries that produce coffee seldom have a culture of espresso coffee consumption. While Ireland is not a coffee-producing nation, the Irish are the highest per capita consumers of tea in the world (Mac Con Iomaire, “Ireland”). Despite this, in 2008, Stephen Morrissey from Ireland overcame 50 other national champions to become the 2008 World Barista Champion (see, http://vimeo.com/2254130). Another Irish national champion, Colin Harmon, came fourth in this competition in both 2009 and 2010. This paper discusses the history and development of coffee and coffee houses in Dublin from the 17th century, charting how coffee culture in Dublin appeared, evolved, and stagnated before re-emerging at the beginning of the 21st century, with a remarkable win in the World Barista Championships. The historical links between coffeehouses and media—ranging from print media to electronic and social media—are discussed. In this, the coffee house acts as an informal public gathering space, what urban sociologist Ray Oldenburg calls a “third place,” neither work nor home. These “third places” provide anchors for community life and facilitate and foster broader, more creative interaction (Oldenburg). This paper will also show how competition from other “third places” such as clubs, hotels, restaurants, and bars have affected the vibrancy of coffee houses. Early Coffee Houses The first coffee house was established in Constantinople in 1554 (Tannahill 252; Huetz de Lemps 387). The first English coffee houses opened in Oxford in 1650 and in London in 1652. Coffee houses multiplied thereafter but, in 1676, when some London coffee houses became hotbeds for political protest, the city prosecutor decided to close them. The ban was soon lifted and between 1680 and 1730 Londoners discovered the pleasure of drinking coffee (Huetz de Lemps 388), although these coffee houses sold a number of hot drinks including tea and chocolate as well as coffee.The first French coffee houses opened in Marseille in 1671 and in Paris the following year. Coffee houses proliferated during the 18th century: by 1720 there were 380 public cafés in Paris and by the end of the century there were 600 (Huetz de Lemps 387). Café Procope opened in Paris in 1674 and, in the 18th century, became a literary salon with regular patrons: Voltaire, Rousseau, Diderot and Condorcet (Huetz de Lemps 387; Pitte 472). In England, coffee houses developed into exclusive clubs such as Crockford’s and the Reform, whilst elsewhere in Europe they evolved into what we identify as cafés, similar to the tea shops that would open in England in the late 19th century (Tannahill 252-53). Tea quickly displaced coffee in popularity in British coffee houses (Taylor 142). Pettigrew suggests two reasons why Great Britain became a tea-drinking nation while most of the rest of Europe took to coffee (48). The first was the power of the East India Company, chartered by Elizabeth I in 1600, which controlled the world’s biggest tea monopoly and promoted the beverage enthusiastically. The second was the difficulty England had in securing coffee from the Levant while at war with France at the end of the seventeenth century and again during the War of the Spanish Succession (1702-13). Tea also became the dominant beverage in Ireland and over a period of time became the staple beverage of the whole country. In 1835, Samuel Bewley and his son Charles dared to break the monopoly of The East India Company by importing over 2,000 chests of tea directly from Canton, China, to Ireland. His family would later become synonymous with the importation of coffee and with opening cafés in Ireland (see, Farmar for full history of the Bewley's and their activities). Ireland remains the highest per-capita consumer of tea in the world. Coffee houses have long been linked with social and political change (Kennedy, Politicks; Pincus). The notion that these new non-alcoholic drinks were responsible for the Enlightenment because people could now gather socially without getting drunk is rejected by Wheaton as frivolous, since there had always been alternatives to strong drink, and European civilisation had achieved much in the previous centuries (91). She comments additionally that cafés, as gathering places for dissenters, took over the role that taverns had long played. Pennell and Vickery support this argument adding that by offering a choice of drinks, and often sweets, at a fixed price and in a more civilized setting than most taverns provided, coffee houses and cafés were part of the rise of the modern restaurant. It is believed that, by 1700, the commercial provision of food and drink constituted the second largest occupational sector in London. Travellers’ accounts are full of descriptions of London taverns, pie shops, coffee, bun and chop houses, breakfast huts, and food hawkers (Pennell; Vickery). Dublin Coffee Houses and Later incarnations The earliest reference to coffee houses in Dublin is to the Cock Coffee House in Cook Street during the reign of Charles II (1660-85). Public dining or drinking establishments listed in the 1738 Dublin Directory include taverns, eating houses, chop houses, coffee houses, and one chocolate house in Fownes Court run by Peter Bardin (Hardiman and Kennedy 157). During the second half of the 17th century, Dublin’s merchant classes transferred allegiance from taverns to the newly fashionable coffee houses as places to conduct business. By 1698, the fashion had spread to country towns with coffee houses found in Cork, Limerick, Kilkenny, Clonmel, Wexford, and Galway, and slightly later in Belfast and Waterford in the 18th century. Maxwell lists some of Dublin’s leading coffee houses and taverns, noting their clientele: There were Lucas’s Coffee House, on Cork Hill (the scene of many duels), frequented by fashionable young men; the Phoenix, in Werburgh Street, where political dinners were held; Dick’s Coffee House, in Skinner’s Row, much patronized by literary men, for it was over a bookseller’s; the Eagle, in Eustace Street, where meetings of the Volunteers were held; the Old Sot’s Hole, near Essex Bridge, famous for its beefsteaks and ale; the Eagle Tavern, on Cork Hill, which was demolished at the same time as Lucas’s to make room for the Royal Exchange; and many others. (76) Many of the early taverns were situated around the Winetavern Street, Cook Street, and Fishamble Street area. (see Fig. 1) Taverns, and later coffee houses, became meeting places for gentlemen and centres for debate and the exchange of ideas. In 1706, Francis Dickson published the Flying Post newspaper at the Four Courts coffee house in Winetavern Street. The Bear Tavern (1725) and the Black Lyon (1735), where a Masonic Lodge assembled every Wednesday, were also located on this street (Gilbert v.1 160). Dick’s Coffee house was established in the late 17th century by bookseller and newspaper proprietor Richard Pue, and remained open until 1780 when the building was demolished. In 1740, Dick’s customers were described thus: Ye citizens, gentlemen, lawyers and squires,who summer and winter surround our great fires,ye quidnuncs! who frequently come into Pue’s,To live upon politicks, coffee, and news. (Gilbert v.1 174) There has long been an association between coffeehouses and publishing books, pamphlets and particularly newspapers. Other Dublin publishers and newspapermen who owned coffee houses included Richard Norris and Thomas Bacon. Until the 1850s, newspapers were burdened with a number of taxes: on the newsprint, a stamp duty, and on each advertisement. By 1865, these taxes had virtually disappeared, resulting in the appearance of 30 new newspapers in Ireland, 24 of them in Dublin. Most people read from copies which were available free of charge in taverns, clubs, and coffee houses (MacGiolla Phadraig). Coffee houses also kept copies of international newspapers. On 4 May 1706, Francis Dickson notes in the Dublin Intelligence that he held the Paris and London Gazettes, Leyden Gazette and Slip, the Paris and Hague Lettres à la Main, Daily Courant, Post-man, Flying Post, Post-script and Manuscripts in his coffeehouse in Winetavern Street (Kennedy, “Dublin”). Henry Berry’s analysis of shop signs in Dublin identifies 24 different coffee houses in Dublin, with the main clusters in Essex Street near the Custom’s House (Cocoa Tree, Bacon’s, Dempster’s, Dublin, Merchant’s, Norris’s, and Walsh’s) Cork Hill (Lucas’s, St Lawrence’s, and Solyman’s) Skinners’ Row (Bow’s’, Darby’s, and Dick’s) Christ Church Yard (Four Courts, and London) College Green (Jack’s, and Parliament) and Crampton Court (Exchange, and Little Dublin). (see Figure 1, below, for these clusters and the locations of other Dublin coffee houses.) The earliest to be referenced is the Cock Coffee House in Cook Street during the reign of Charles II (1660-85), with Solyman’s (1691), Bow’s (1692), and Patt’s on High Street (1699), all mentioned in print before the 18th century. The name of one, the Cocoa Tree, suggests that chocolate was also served in this coffee house. More evidence of the variety of beverages sold in coffee houses comes from Gilbert who notes that in 1730, one Dublin poet wrote of George Carterwright’s wife at The Custom House Coffee House on Essex Street: Her coffee’s fresh and fresh her tea,Sweet her cream, ptizan, and whea,her drams, of ev’ry sort, we findboth good and pleasant, in their kind. (v. 2 161) Figure 1: Map of Dublin indicating Coffee House clusters 1 = Sackville St.; 2 = Winetavern St.; 3 = Essex St.; 4 = Cork Hill; 5 = Skinner's Row; 6 = College Green.; 7 = Christ Church Yard; 8 = Crampton Court.; 9 = Cook St.; 10 = High St.; 11 = Eustace St.; 12 = Werburgh St.; 13 = Fishamble St.; 14 = Westmorland St.; 15 = South Great George's St.; 16 = Grafton St.; 17 = Kildare St.; 18 = Dame St.; 19 = Anglesea Row; 20 = Foster Place; 21 = Poolbeg St.; 22 = Fleet St.; 23 = Burgh Quay.A = Cafe de Paris, Lincoln Place; B = Red Bank Restaurant, D'Olier St.; C = Morrison's Hotel, Nassau St.; D = Shelbourne Hotel, St. Stephen's Green; E = Jury's Hotel, Dame St. Some coffee houses transformed into the gentlemen’s clubs that appeared in London, Paris and Dublin in the 17th century. These clubs originally met in coffee houses, then taverns, until later proprietary clubs became fashionable. Dublin anticipated London in club fashions with members of the Kildare Street Club (1782) and the Sackville Street Club (1794) owning the premises of their clubhouse, thus dispensing with the proprietor. The first London club to be owned by the members seems to be Arthur’s, founded in 1811 (McDowell 4) and this practice became widespread throughout the 19th century in both London and Dublin. The origin of one of Dublin’s most famous clubs, Daly’s Club, was a chocolate house opened by Patrick Daly in c.1762–65 in premises at 2–3 Dame Street (Brooke). It prospered sufficiently to commission its own granite-faced building on College Green between Anglesea Street and Foster Place which opened in 1789 (Liddy 51). Daly’s Club, “where half the land of Ireland has changed hands”, was renowned for the gambling that took place there (Montgomery 39). Daly’s sumptuous palace catered very well (and discreetly) for honourable Members of Parliament and rich “bucks” alike (Craig 222). The changing political and social landscape following the Act of Union led to Daly’s slow demise and its eventual closure in 1823 (Liddy 51). Coincidentally, the first Starbucks in Ireland opened in 2005 in the same location. Once gentlemen’s clubs had designated buildings where members could eat, drink, socialise, and stay overnight, taverns and coffee houses faced competition from the best Dublin hotels which also had coffee rooms “in which gentlemen could read papers, write letters, take coffee and wine in the evening—an exiguous substitute for a club” (McDowell 17). There were at least 15 establishments in Dublin city claiming to be hotels by 1789 (Corr 1) and their numbers grew in the 19th century, an expansion which was particularly influenced by the growth of railways. By 1790, Dublin’s public houses (“pubs”) outnumbered its coffee houses with Dublin boasting 1,300 (Rooney 132). Names like the Goose and Gridiron, Harp and Crown, Horseshoe and Magpie, and Hen and Chickens—fashionable during the 17th and 18th centuries in Ireland—hung on decorative signs for those who could not read. Throughout the 20th century, the public house provided the dominant “third place” in Irish society, and the drink of choice for itd predominantly male customers was a frothy pint of Guinness. Newspapers were available in public houses and many newspapermen had their own favourite hostelries such as Mulligan’s of Poolbeg Street; The Pearl, and The Palace on Fleet Street; and The White Horse Inn on Burgh Quay. Any coffee served in these establishments prior to the arrival of the new coffee culture in the 21st century was, however, of the powdered instant variety. Hotels / Restaurants with Coffee Rooms From the mid-19th century, the public dining landscape of Dublin changed in line with London and other large cities in the United Kingdom. Restaurants did appear gradually in the United Kingdom and research suggests that one possible reason for this growth from the 1860s onwards was the Refreshment Houses and Wine Licences Act (1860). The object of this act was to “reunite the business of eating and drinking”, thereby encouraging public sobriety (Mac Con Iomaire, “Emergence” v.2 95). Advertisements for Dublin restaurants appeared in The Irish Times from the 1860s. Thom’s Directory includes listings for Dining Rooms from the 1870s and Refreshment Rooms are listed from the 1880s. This pattern continued until 1909, when Thom’s Directory first includes a listing for “Restaurants and Tea Rooms”. Some of the establishments that advertised separate coffee rooms include Dublin’s first French restaurant, the Café de Paris, The Red Bank Restaurant, Morrison’s Hotel, Shelbourne Hotel, and Jury’s Hotel (see Fig. 1). The pattern of separate ladies’ coffee rooms emerged in Dublin and London during the latter half of the 19th century and mixed sex dining only became popular around the last decade of the 19th century, partly infuenced by Cesar Ritz and Auguste Escoffier (Mac Con Iomaire, “Public Dining”). Irish Cafés: From Bewley’s to Starbucks A number of cafés appeared at the beginning of the 20th century, most notably Robert Roberts and Bewley’s, both of which were owned by Quaker families. Ernest Bewley took over the running of the Bewley’s importation business in the 1890s and opened a number of Oriental Cafés; South Great Georges Street (1894), Westmoreland Street (1896), and what became the landmark Bewley’s Oriental Café in Grafton Street (1927). Drawing influence from the grand cafés of Paris and Vienna, oriental tearooms, and Egyptian architecture (inspired by the discovery in 1922 of Tutankhamen’s Tomb), the Grafton Street business brought a touch of the exotic into the newly formed Irish Free State. Bewley’s cafés became the haunt of many of Ireland’s leading literary figures, including Samuel Becket, Sean O’Casey, and James Joyce who mentioned the café in his book, Dubliners. A full history of Bewley’s is available (Farmar). It is important to note, however, that pots of tea were sold in equal measure to mugs of coffee in Bewley’s. The cafés changed over time from waitress- to self-service and a failure to adapt to changing fashions led to the business being sold, with only the flagship café in Grafton Street remaining open in a revised capacity. It was not until the beginning of the 21st century that a new wave of coffee house culture swept Ireland. This was based around speciality coffee beverages such as espressos, cappuccinos, lattés, macchiatos, and frappuccinnos. This new phenomenon coincided with the unprecedented growth in the Irish economy, during which Ireland became known as the “Celtic Tiger” (Murphy 3). One aspect of this period was a building boom and a subsequent growth in apartment living in the Dublin city centre. The American sitcom Friends and its fictional coffee house, “Central Perk,” may also have helped popularise the use of coffee houses as “third spaces” (Oldenberg) among young apartment dwellers in Dublin. This was also the era of the “dotcom boom” when many young entrepreneurs, software designers, webmasters, and stock market investors were using coffee houses as meeting places for business and also as ad hoc office spaces. This trend is very similar to the situation in the 17th and early 18th centuries where coffeehouses became known as sites for business dealings. Various theories explaining the growth of the new café culture have circulated, with reasons ranging from a growth in Eastern European migrants, anti-smoking legislation, returning sophisticated Irish emigrants, and increased affluence (Fenton). Dublin pubs, facing competition from the new coffee culture, began installing espresso coffee machines made by companies such as Gaggia to attract customers more interested in a good latté than a lager and it is within this context that Irish baristas gained such success in the World Barista competition. In 2001 the Georges Street branch of Bewley’s was taken over by a chain called Café, Bar, Deli specialising in serving good food at reasonable prices. Many ex-Bewley’s staff members subsequently opened their own businesses, roasting coffee and running cafés. Irish-owned coffee chains such as Java Republic, Insomnia, and O’Brien’s Sandwich Bars continued to thrive despite the competition from coffee chains Starbucks and Costa Café. Indeed, so successful was the handmade Irish sandwich and coffee business that, before the economic downturn affected its business, Irish franchise O’Brien’s operated in over 18 countries. The Café, Bar, Deli group had also begun to franchise its operations in 2008 when it too became a victim of the global economic downturn. With the growth of the Internet, many newspapers have experienced falling sales of their printed format and rising uptake of their electronic versions. Most Dublin coffee houses today provide wireless Internet connections so their customers can read not only the local newspapers online, but also others from all over the globe, similar to Francis Dickenson’s coffee house in Winetavern Street in the early 18th century. Dublin has become Europe’s Silicon Valley, housing the European headquarters for companies such as Google, Yahoo, Ebay, Paypal, and Facebook. There are currently plans to provide free wireless connectivity throughout Dublin’s city centre in order to promote e-commerce, however, some coffee houses shut off the wireless Internet in their establishments at certain times of the week in order to promote more social interaction to ensure that these “third places” remain “great good places” at the heart of the community (Oldenburg). Conclusion Ireland is not a country that is normally associated with a coffee culture but coffee houses have been part of the fabric of that country since they emerged in Dublin in the 17th century. These Dublin coffee houses prospered in the 18th century, and survived strong competition from clubs and hotels in the 19th century, and from restaurant and public houses into the 20th century. In 2008, when Stephen Morrissey won the coveted title of World Barista Champion, Ireland’s place as a coffee consuming country was re-established. The first decade of the 21st century witnessed a birth of a new espresso coffee culture, which shows no signs of weakening despite Ireland’s economic travails. References Berry, Henry F. “House and Shop Signs in Dublin in the Seventeenth and Eighteenth Centuries.” The Journal of the Royal Society of Antiquaries of Ireland 40.2 (1910): 81–98. Brooke, Raymond Frederick. Daly’s Club and the Kildare Street Club, Dublin. Dublin, 1930. Corr, Frank. Hotels in Ireland. Dublin: Jemma Publications, 1987. Craig, Maurice. Dublin 1660-1860. Dublin: Allen Figgis, 1980. Farmar, Tony. The Legendary, Lofty, Clattering Café. Dublin: A&A Farmar, 1988. Fenton, Ben. “Cafe Culture taking over in Dublin.” The Telegraph 2 Oct. 2006. 29 Apr. 2012 ‹http://www.telegraph.co.uk/news/uknews/1530308/cafe-culture-taking-over-in-Dublin.html›. Gilbert, John T. A History of the City of Dublin (3 vols.). Dublin: Gill and Macmillan, 1978. Girouard, Mark. Victorian Pubs. New Haven, Conn.: Yale UP, 1984. Hardiman, Nodlaig P., and Máire Kennedy. A Directory of Dublin for the Year 1738 Compiled from the Most Authentic of Sources. Dublin: Dublin Corporation Public Libraries, 2000. Huetz de Lemps, Alain. “Colonial Beverages and Consumption of Sugar.” Food: A Culinary History from Antiquity to the Present. Eds. Jean-Louis Flandrin and Massimo Montanari. New York: Columbia UP, 1999. 383–93. Kennedy, Máire. “Dublin Coffee Houses.” Ask About Ireland, 2011. 4 Apr. 2012 ‹http://www.askaboutireland.ie/reading-room/history-heritage/pages-in-history/dublin-coffee-houses›. ----- “‘Politicks, Coffee and News’: The Dublin Book Trade in the Eighteenth Century.” Dublin Historical Record LVIII.1 (2005): 76–85. Liddy, Pat. Temple Bar—Dublin: An Illustrated History. Dublin: Temple Bar Properties, 1992. Mac Con Iomaire, Máirtín. “The Emergence, Development, and Influence of French Haute Cuisine on Public Dining in Dublin Restaurants 1900-2000: An Oral History.” Ph.D. thesis, Dublin Institute of Technology, Dublin, 2009. 4 Apr. 2012 ‹http://arrow.dit.ie/tourdoc/12›. ----- “Ireland.” Food Cultures of the World Encylopedia. Ed. Ken Albala. Westport, CT: Greenwood Press, 2010. ----- “Public Dining in Dublin: The History and Evolution of Gastronomy and Commercial Dining 1700-1900.” International Journal of Contemporary Hospitality Management 24. Special Issue: The History of the Commercial Hospitality Industry from Classical Antiquity to the 19th Century (2012): forthcoming. MacGiolla Phadraig, Brian. “Dublin: One Hundred Years Ago.” Dublin Historical Record 23.2/3 (1969): 56–71. Maxwell, Constantia. Dublin under the Georges 1714–1830. Dublin: Gill & Macmillan, 1979. McDowell, R. B. Land & Learning: Two Irish Clubs. Dublin: The Lilliput P, 1993. Montgomery, K. L. “Old Dublin Clubs and Coffee-Houses.” New Ireland Review VI (1896): 39–44. Murphy, Antoine E. “The ‘Celtic Tiger’—An Analysis of Ireland’s Economic Growth Performance.” EUI Working Papers, 2000 29 Apr. 2012 ‹http://www.eui.eu/RSCAS/WP-Texts/00_16.pdf›. Oldenburg, Ray, ed. Celebrating the Third Place: Inspiring Stories About The “Great Good Places” At the Heart of Our Communities. New York: Marlowe & Company 2001. Pennell, Sarah. “‘Great Quantities of Gooseberry Pye and Baked Clod of Beef’: Victualling and Eating out in Early Modern London.” Londinopolis: Essays in the Cultural and Social History of Early Modern London. Eds. Paul Griffiths and Mark S. R. Jenner. Manchester: Manchester UP, 2000. 228–59. Pettigrew, Jane. A Social History of Tea. London: National Trust Enterprises, 2001. Pincus, Steve. “‘Coffee Politicians Does Create’: Coffeehouses and Restoration Political Culture.” The Journal of Modern History 67.4 (1995): 807–34. Pitte, Jean-Robert. “The Rise of the Restaurant.” Food: A Culinary History from Antiquity to the Present. Eds. Jean-Louis Flandrin and Massimo Montanari. New York: Columbia UP, 1999. 471–80. Rooney, Brendan, ed. A Time and a Place: Two Centuries of Irish Social Life. Dublin: National Gallery of Ireland, 2006. Tannahill, Reay. Food in History. St Albans, Herts.: Paladin, 1975. Taylor, Laurence. “Coffee: The Bottomless Cup.” The American Dimension: Cultural Myths and Social Realities. Eds. W. Arens and Susan P. Montague. Port Washington, N.Y.: Alfred Publishing, 1976. 14–48. Vickery, Amanda. Behind Closed Doors: At Home in Georgian England. New Haven: Yale UP, 2009. Wheaton, Barbara Ketcham. Savouring the Past: The French Kitchen and Table from 1300-1789. London: Chatto & Windus, Hogarth P, 1983. Williams, Anne. “Historical Attitudes to Women Eating in Restaurants.” Public Eating: Proceedings of the Oxford Symposium on Food and Cookery 1991. Ed. Harlan Walker. Totnes: Prospect Books, 1992. 311–14. World Barista, Championship. “History–World Barista Championship”. 2012. 02 Apr. 2012 ‹http://worldbaristachampionship.com2012›.AcknowledgementA warm thank you to Dr. Kevin Griffin for producing the map of Dublin for this article.

It is the same spectacle all over the Western world: whenever delegates gather to discuss the development and consequences of new media technologies, a handful of people among them will stand out from the crowd, and somehow seem not quite to fit in with the remaining assortment of techno-evangelists, Internet ethnographers, multimedia project leaders, and online culture critics. At some point in the proceedings, they'll get to the podium and hold a talk on their ideas for the future of copyright protection and intellectual property (IP) rights in the information age; when they are finished, the reactions of the audience typically range from mild "what was that all about?" amusement to sheer "they haven't got a clue" disbelief. Spare a thought for copyright lawyers; they're valiantly fighting a losing battle. Ever since the digitalisation and networking of our interpersonal and mass media made information transmission and duplication effortless and instantaneous, they've been trying to come up with ways to uphold and enforce concepts of copyright which are fundamentally linked to information as bound to physical objects (artifacts, books, CDs, etc.), as Barlow has demonstrated so clearly in "Selling Wine without Bottles". He writes that "copyright worked well because, Gutenberg notwithstanding, it was hard to make a book. ... Books had material surfaces to which one could attach copyright notices, publisher's marques, and price tags". If you could control the physical media which were used to transmit information (paper, books, audio and video tapes, as well as radio and TV sets, or access to cable systems), you could control who made copies when and where, and at what price. This only worked as long as the technology to make copies was similarly scarce, though: as soon as most people learnt to write, or as faxes and photocopiers became cheaper, the only real copyright protection books had was the effort that would have to be spent to copy them. With technology continuously advancing (perhaps even at accellerating pace), copyright is soon becoming a legal fiction that is losing its link to reality. Indeed, we are now at a point where we have the opportunity -- the necessity, even -- to shift the fictional paradigm, to replace the industrial-age fiction of protective individual copyright with an information-age fiction of widespread intellectual cooperation. As it becomes ever easier to bypass and ignore copyright rules, and as copyright thus becomes ever more illusionary, this new fiction will correspondingly come ever closer to being realised. To Protect and to ... Lose Today, the lawyers' (and their corporate employers') favourite weapon in their fight against electronic copyright piracy are increasingly elaborate protection mechanisms -- hidden electronic signatures to mark intellectual property, electronic keys to unlock copyrighted products only for legitimate users (and sometimes only for a fixed amount of time or after certain licence payments), encryption of sensitive information, or of entire products to prevent electronic duplication. While the encryption of information exchanges between individuals has been proven to be a useful deterrent against all but the most determined of hackers, it's interesting to note that practically no electronic copyright protection mechanism of mass market products has ever been seen to work. However good and elaborate the protection efforts, it seems that as long as there is a sufficient number of interested consumers unwilling to pay for legitimate access, copy protections will be cracked eventually: the rampant software piracy is the best example. On the other hand, where copy protections become too elaborate and cumbersome, they end up killing the product they are meant to protect: this is currently happening in the case of some of the pay-per-view or limited-plays protection schemes forced upon the U.S. market for Digital Versatile Discs (DVDs). The eventual failure of such mechanisms isn't a particularly recent observation, even. When broadcast radio was first introduced in Australia in 1923, it was proposed that programme content should be protected (and stations financed) by fixing radio receivers to a particular station's frequency -- by buying such a 'sealed set' receiver you would in effect subscribe to a station and acquire the right to receive the content it provided. Never known as uninventive, those Australians who this overprotectiveness didn't completely put off buying a receiver (radio was far from being a proven mass medium at the time, after all) did of course soon break the seal, and learnt to adjust the frequency to try out different stations -- or they built their own radios from scratch. The 'sealed set' scheme was abandoned after only nine months. Even with the development of copy protection schemes since the 1920s, a full (or at least sufficiently comprehensive) protection of intellectual property seems as unattainable a fiction as it was then. Protection and copying technology are never far apart in development anyway, but even more fundamentally, the protected products are eventually meant to be used, after all. No matter how elaborately protected a CD, a video, or a computer programme is, it will still have to be converted into sound waves, image information, or executable code, and at that level copying will still remain possible. In the absence of workable copy protection, however, copies will be made in large amounts -- even more so since information is now being spread and multiplied around the globe virtually at the speed of light. Against this tide of copies, any attempts to use legislation to at least force the payment of royalties from illegitimate users are also becoming increasingly futile. While there may be a few highly publicised court cases, the multitude of small transgressions will remain unanswered. This in turn undermines the equality before the law that is a basic human right: increasingly, the few that are punished will be able to argue that, if "everybody does it", to single them out is highly unfair. At the same time, corporate efforts to uphold the law may be counterproductive: as Barlow writes, "against the swift tide of custom, the Software Publishers' current practice of hanging a few visible scapegoats is so obviously capricious as to only further diminish respect for the law". Quite simply, their legal costs may not be justified by the results anymore. Abandoning Copyright Law If copyright has become a fiction, however -- one that is still, despite all evidence, posited as reality by the legal system --, and if the makeup of today's electronic media, particularly the Internet, allow that fiction to be widely ignored and circumvented in daily practice -- despite all corporate legal efforts --, how is this disparity between law and reality to be solved? Barlow offers a clear answer: "whenever there is such profound divergence between the law and social practice, it is not society that adapts". He goes on to state that it may well be that when the current system of intellectual property law has collapsed, as seems inevitable, that no new legal structure will arise in its place. But something will happen. After all, people do business. When a currency becomes meaningless, business is done in barter. When societies develop outside the law, they develop their own unwritten codes, practices, and ethical systems. While technology may undo law, technology offers methods for restoring creative rights. When William Gibson invented the term 'cyberspace', he described it as a "consensual hallucination" (67). As the removal of copyright to the realm of the fictional has been driven largely by the Internet and its 'freedom of information' ethics, perhaps it is apt to speak of a new approach to intellectual property (or, with Barlow, to 'creative rights') as one of consensual, collaborative use of such property. This approach is far from being fully realised yet, and must so for now remain fiction, too, but it is no mere utopian vision -- in various places, attempts are made to put into place consensual schemes of dealing with intellectual property. They also represent a move from IP hoarding to IP use. Raymond speaks of the schemes competing here as the 'cathedral' and the 'bazaar' system. In the cathedral system, knowledge is tightly controlled, and only the finished product, "carefully crafted by individual wizards or small bands of mages working in splendid isolation" (1), is ever released. This corresponds to traditional copyright approaches, where company secrets are hoarded and locked away (sometimes only in order to keep competitors from using them), and breaches punished severely. The bazaar system, on the other hand, includes the entire community of producers and users early on in the creative process, up to the point of removing the producer/user dichotomy altogether: "no quiet, reverent cathedral-building here -- rather, ... a great babbling bazaar of differing agendas and approaches ... out of which a coherent and stable system could seemingly emerge only by a succession of miracles", as Raymond admits (1). The Linux 'Miracle' Raymond writes about one such bazaar-system project which provides impressive proof that the approach can work, however: the highly acclaimed Unix-based operating system Linux. Instigated and organised by Finnish programmer Linus Torvalds, this enthusiast-driven, Internet-based development project has achieved more in less than a decade than what many corporate developers (Microsoft being the obvious example) can do in thrice that time, and with little financial incentive or institutional support at that. As Raymond describes, "the Linux world behaves in many respects like a free market or an ecology, a collection of selfish agents attempting to maximise utility which in the process produces a self-correcting spontaneous order more elaborate and efficient than any amount of central planning could achieve" (10). Thus, while there is no doubt that individual participants will eventually always also be driven by selfish reasons, there is collaboration towards the achievement of communal goals, and a consensus about what those goals are: "while coding remains an essentially solitary activity, the really great hacks come from harnessing the attention and brainpower of entire communities. The developer who uses only his or her own brain in a closed project is going to fall behind the developer who knows how to create an open, evolutionary context in which bug-spotting and improvements get done by hundreds of people" (Raymond 10). It is obvious that such collaborative projects need a structure that allows for the immediate participation of a large community, and so in the same way that the Internet has been instrumental in dismantling traditional copyright systems, it is also a driving factor in making these new approaches possible: "Linux was the first project to make a conscious and successful effort to use the entire world as its talent pool. I don't think it's a coincidence that the gestation period of Linux coincided with the birth of the World Wide Web, and that Linux left its infancy during the same period in 1993-1994 that saw the takeoff of the ISP industry and the explosion of mainstream interest in the Internet. Linus was the first person who learned how to play by the new rules that pervasive Internet made possible" (Raymond 10). While some previous collaborative efforts exist (such as shareware schemes, which have existed ever since the advent of programmable home computers), their comparatively limited successes underline the importance of a suitable communication medium. The success of Linux has now begun to affect corporate structures, too: informational material for the Mozilla project, in fact, makes direct reference to the Linux experience. On the Net, Mozilla is as big as it gets -- instituted to continue development of Netscape Communicator-based Web browsers following Netscape's publication of the Communicator source code, it poses a serious threat to Microsoft's push (the legality of which is currently under investigation in the U.S.) to increase marketshare for its Internet Explorer browser. Much like Linux, Mozilla will be a collaborative effort: "we intend to delegate authority over the various modules to the people most qualified to make decisions about them. We intend to operate as a meritocracy: the more good code you contribute, the more responsibility you will be given. We believe that to be the only way to continue to remain relevant, and to do the greatest good for the greatest number" ("Who Is Mozilla.org?"), with the Netscape corporation only one among that number, and a contributor amongst many. Netscape itself intends to release browsers based on the Mozilla source code, with some individual proprietary additions and the benefits corporate structures allow (printed manuals, helplines, and the like), but -- so it seems -- it is giving up its unlimited hold over the course of development of the browser. Such actions afford an almost prophetic quality to Barlow's observation that "familiarity is an important asset in the world of information. It may often be the case that the best thing you can do to raise the demand for your product is to give it away". The use of examples from the computer world should not be seen to mean that the consensual, collaborative use of intellectual property suggested here is limited only to software -- it is, however, no surprise that a computer-based medium would first be put to use to support computer-based development projects. Producers and artists from other fields can profit from networking with their peers and clients just as much: artists can stay in touch with their audience and one another, working on collaborative projects such as the brilliant Djam Karet CD Collaborator (see Taylor's review in Gibraltar), professional interest groups can exchange information about the latest developments in their field as well as link with the users of their products to find out about their needs or problems, and the use of the Net as a medium of communication for academic researchers was one of its first applications, of course. In many such cases, consensual collaboration would even speed up the development process and help iron out remaining glitches, beating the efforts of traditional institutions with their severely guarded intellectual property rights. As Raymond sees it, for example, "no commercial developer can match the pool of talent the Linux community can bring to bear on a problem", and so "perhaps in the end the free-software culture will triumph not because cooperation is morally right or software 'hoarding' is morally wrong ... , but simply because the commercial world cannot win an evolutionary arms race with free-software communities that can put orders of magnitude more skilled time into a problem" (10). Realising the Fiction There remains the problem that even the members of such development communities must make a living somehow -- a need to which their efforts in the community not only don't contribute, but the pursuit of which even limits the time available for the community efforts. The apparent impossibility of reconciling these two goals has made the consensual collaborative approach appear little more than a utopian fiction so far, individual successes like Linux or (potentially) Mozilla notwithstanding. However, there are ways of making money from the communal work even if due to the abolition of copyright laws mere royalty payments are impossible -- as the example of Netscape's relation to the Mozilla project shows, the added benefits that corporate support can bring will still seem worth paying for, for many users. Similarly, while music and artwork may be freely available on the Net, many music fans will still prefer to get the entire CD package from a store rather than having to burn the CD and print the booklet themselves. The changes to producer/user relations suggested here do have severe implications for corporate and legal structures, however, and that is the central reason why particularly the major corporate intellectual property holders (or, hoarders) and their armies of lawyers are engaged in such a fierce defensive battle. Needless to say, the changeover from the still-powerful fiction of enforcible intellectual property copyrights to the new vision of open, consensual collaboration that gives credit for individual contributions, but has no concept of an exclusive ownership of ideas, will not take place overnight. Intellectual property will continue to be guarded, trade secrets will keep being kept, for some time yet, but -- just as is the case with the established practice of patenting particular ideas just so competitors can't use them, but without ever putting them to use in one's own work -- eventually such efforts will prove to be self-defeating. Shutting one's creative talents off in a quiet cathedral will come to be seen as less productive than engaging in the creative cooperation occuring in the global bazaar, and solitary directives of central executives will be replaced by consensual decisions of the community of producers and users. As Raymond points out, "this is not to say that individual vision and brilliance will no longer matter; rather, ... the cutting edge ... will belong to people who start from individual vision and brilliance, then amplify it through the effective construction of voluntary communities of interest" (10). Such communal approaches may to some seem much like communism, but this, too, is a misconception. In fact, in this new system there is much more exchange, much more give and take going on than in the traditional process of an exchange of money for product between user and producer -- only the currency has changed. "This explains much of the collective 'volunteer' work which fills the archives, newsgroups, and databases of the Internet. Its denizens are not working for 'nothing,' as is widely believed. Rather they are getting paid in something besides money. It is an economy which consists almost entirely of information" (Barlow). And with the removal of the many barriers to the free flow of information and obstacles to scientific and artistic development that traditional copyright has created, the progress of human endeavour itself is likely to be sped up. In the end, then, it all comes down to what fictions we choose to believe or reject. In the light of recent developments, and considering the evidence that suggests the viability, even superiority of alternative approaches, it is becoming increasingly hard to believe that traditional copyright can, and much less, should be sustained. Other than the few major copyright holders, few stand to gain from upholding these rights. On the other hand, were we to lift copyright restrictions and use the ideas and information thus made available freely in a cooperative, consensual, and most of all productive way, we all might profit. As various projects have shown, that fiction is already in the process of being realised. References Barlow, John Perry. "Selling Wine without Bottles: The Economy of Mind on the Global Net." 1993. 26 Jan. 1999 <www.eff.org/pub/Publications/John_Perry_Barlow/HTML/idea_economy_article.php>. Gibson, William. Neuromancer. London: HarperCollins, 1984. Raymond, Eric S. "The Cathedral and the Bazaar." 1998. 26 Jan. 1999 <http://www.redhat.com/redhat/cathedral-bazaar/cathedral-bazaar.php>. Taylor, Mike. "Djam Karet, Jeff Greinke, Tim Song Jones, Nick Peck, Kit Watkins." Gibraltar 5.12 (22 Apr. 1995). 10 Feb. 1999 <http://www.progrock.net/gibraltar/issues/Vol5.Iss12.htm>. "Who Is Mozilla.org?" Mozilla.org Website. 1998. 26 Jan. 1999 <http://www.mozilla.org/about.php>. Citation reference for this article MLA style: Axel Bruns. "The Fiction of Copyright: Towards a Consensual Use of Intellectual Property." M/C: A Journal of Media and Culture 2.1 (1999). [your date of access] <http://www.uq.edu.au/mc/9902/copy.php>. Chicago style: Axel Bruns, "The Fiction of Copyright: Towards a Consensual Use of Intellectual Property," M/C: A Journal of Media and Culture 2, no. 1 (1999), <http://www.uq.edu.au/mc/9902/copy.php> ([your date of access]). APA style: Axel Bruns. (1999) The fiction of copyright: towards a consensual use of intellectual property. M/C: A Journal of Media and Culture 2(1). <http://www.uq.edu.au/mc/9902/copy.php> ([your date of access]).