The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly invoked to (...) justify or to question the extent of available IP protection. The balancing act that underlies the legitimacy of IP is, however, literally impossible to perform. Because we are unable to measure the benefits that IP has for inventors or the costs it has for the public, the scale has nothing to weigh. It conveys a clear sense that IP law can be balanced, but in fact propagates only a visible simulacrum of balance – one that is as empty as it is powerful. (shrink)

In conversation with Marilyn Strathern’s work on kinship and especially on metaphors of intellectual and reproductive creativity, this paper provides an analysis of plagiarism not as a violation of intellectual property but of the kinship relationships between author, work, and readers. It also analyzes the role of figures of kidnapped slaves and children in the genealogy of the modern concept of plagiarism.

Historians of science and technology and STS practitioners have always taken intellectual property very seriously but, with some notable exceptions, they have typically refrained from looking “into” it. There is mounting evidence, however, that they can open up the black box of IP as effectively as they have done for the technosciences, enriching their discipline while making significant contributions to legal studies. One approach is to look at the technologies through which patent law construes its object – the invention – (...) in specific settings and periods by examining procedures, classifications, archives, models, repositories, patent specifications (in both their linguistic and pictorial dimensions), and the highly specialized language of patent claims. More ambitiously, we could treat intellectual property as a technology itself. Patent law does not evolve either by merely articulating its doctrine in response to technological developments. The line between what does and does not count as invention may be redrawn with the emergence of new objects and technologies, but is not determined by them. It is this constructive feature of the law that we are trying to capture with the notion of law as technology. We hope that thinking about the technologies of the law and the law as technology will bring into question what we mean by both “technology” and “law”. (shrink)

Kant’s essay on the question of literary piracy has so far been read as a foundational text in the history of literary property. When Kant refers to the book as a “mute instrument,” scholars of intellectual property already know how to interpret that formulation because they presume the distinction that the contemporary jurisprudence of intellectual property makes between matter and form and its concomitant assumption that print is just an inert, nonagentive medium. In fact, Kant begins his analysis of unauthorized (...) publication not with the question What is an author? but with the question What is publication?. His insight was that unauthorized publication revealed a structural feature of publication in general. The effect of the interposition of print, or the fact that speech begins in and with print, is that the author is structurally alienated from his or her speech. Kant was not an Enlightenment media theorist, but he recognized that speech had to be mediated and therefore delivered to the reader and that it was the medium itself that determined the conditions under which authors and readers could exist and be present to one another and under which speech could become an authorship. In order to create a language channel for public reason, Kant had to take a detour through the legal fiction of agency. Speech might have been an action that could have its existence “only in a person,” but this supposedly innate bond was made by a legal fiction of representation, according to which one person could truly speak “as if” they were another. Kant’s answer to the question What is a book? developed a law that was not so much a law of literary property as a law that sought to suspend the alienating effects of print so as to restore the Enlightenment ideal of communication. (shrink)

Questions about how closure is achieved in disputes involving new observational or experimental claims have highlighted the role of bodily knowledge possibly irreducible to written experimental protocols and instructions how to build and operate instruments. This essay asks similar questions about a scenario that is both related and significantly different: the replication of an invention, not of an observation or the instrument through which it produced. Furthermore, the machine considered here—Galileo’s compass or sector—was not a typical industrial invention (like a (...) spinning jenny), but a mathematical invention (a calculator), that is, a machine that produces numbers, not yarn. This case study describes some of the similarities and differences between replicating experiments, traditional machines producing material outputs, and mathematical inventions yielding calculations or information. This comparison indicates that, as in other kinds of replication, the replication of mathematical inventions involves texts (the calculator’s instructions) but that in this case bodily knowledge cannot be properly described as either tacit or explicit. It rather takes the shape of memory—muscle memory—that may be recalled from reading the instructions. (shrink)

i propose a revisionist account of the production and reception of galileo's telescopic observations of 1609–10, an account that focuses on the relationship between credit and disclosure. galileo, i argue, acted as though the corroboration of his observations were easy, not difficult. his primary worry was not that some people might reject his claims, but rather that those able to replicate them could too easily proceed to make further discoveries on their own and deprive him of credit. consequently, he tried (...) to slow down potential replicators to prevent them from becoming competitors. he did so by not providing other practitioners access to high-power telescopes and by withholding information about how to build them. this essay looks at the development of galileo's monopoly on early telescopic astronomy to understand how the relationship between disclosure and credit changed as he moved from being an instrument-maker to becoming a discoverer and, eventually, a court philosopher. (shrink)

The ArgumentI propose a revisionist account of the production and reception of Galileo's telescopic observations of 1609–10, an account that focuses on the relationship between credit and disclosure. Galileo, I argue, acted as though the corroboration of his observations were easy, not difficult. His primary worry was not that some people might reject his claims, but rather that those able to replicate them could too easily proceed to make further discoveries on their own and deprive him of credit. Consequently, he (...) tried to slow down potential replicators to prevent them from becoming competitors. He did so by not providing other practitioners access to high-power telescopes and by withholding information about how to build them. This essay looks at the development of Galileo's monopoly on early telescopic astronomy to understand how the relationship between disclosure and credit changed as he moved from being an instrument-maker to becoming a discoverer and, eventually, a court philosopher. (shrink)

It is well known that Felix Klein took a decisive step in investigating the invariants of transformation groups. However, less attention has been given to Klein’s considerations on the epistemological implications of his work on geometry. This paper proposes an interpretation of Klein’s view as a form of mathematical structuralism, according to which the study of mathematical structures provides the basis for a better understanding of how mathematical research and practice develop.

While ancient civilizations worshipped strong, active emotions, modern societies have favored more peaceful attitudes, especially within the democratic process. We have largely forgotten the struggle to make use of _thymos_, the part of the soul that, following Plato, contains spirit, pride, and indignation. Rather, Christianity and psychoanalysis have promoted mutual understanding to overcome conflict. Through unique examples, Peter Sloterdijk, the preeminent posthumanist, argues exactly the opposite, showing how the history of Western civilization can be read as a suppression and return (...) of rage. By way of reinterpreting the _Iliad_, Alexandre Dumas's _Count of Monte Cristo_, and recent Islamic political riots in Paris, Sloterdijk proves the fallacy that rage is an emotion capable of control. Global terrorism and economic frustrations have rendered strong emotions visibly resurgent, and the consequences of violent outbursts will determine international relations for decades to come. To better respond to rage and its complexity, Sloterdijk daringly breaks with entrenched dogma and contructs a new theory for confronting conflict. His approach acknowledges and respects the proper place of rage and channels it into productive political struggle. (shrink)

Until recently, dance was not considered to warrant copyright protection because it existed only as a live performance that was not fixed in a ‘tangible medium of expression’. Not being an object, it could not be property. But the more we try to fold dance into existing modes of copyright and conventional notions of property, the more it resists, upsetting the core assumptions of Locke's social contract theory. Legal scholars argue that the expansion of copyright protection shrinks the public domain. (...) While copyright has become more important for dancers and choreographers who wish to control the appropriation of their work that is now made available to millions of end-users online, it also potentially restricts them from engaging in a dialog with other dancers or building on inspiring dance moves across communities. This paper investigates notions of property that rely on both the commons and individual personhood in the context of dance. (shrink)

While the initial reception of Alfred Hitchcock's Vertigo was unspectacular, it made its presence felt in a host of other films – from Chris Marker's Sans Soleil, to Brian De Palma's Obsession, and David Lynch's Mulholland Dr.. What seemed to have eluded the critics at the time is that Vertigo is a film about being haunted: by illusive images, turbulent emotions, motion and memory, the sound and feeling of falling into the past, into a nightmare. But it is also a (...) shrewdly reflexive film that haunts filmmakers, critics, and artists alike, raising fundamental questions about the ontology of moving images and the regime of fascination that churns them out. Douglas Gordon's Feature Film, D.N. Rodowick's The Wanderers, and Lynn Hershman's VertiGhost are contemporary examples of how the appropriation and contemplation of some the film's most iconic motifs, themes and strategies ask us to rethink the relation of fetishism to fabulation, and supplementarity to dissimulation and social engineering. Feature Film, The Wanderers, and VertiGhost are supplementary works, but like the original film they are about duplicity, doppelgänger, and dissimulation. What interests us is how they challenge the authority over, or even proximity to, that which returns in the form of the supplement. And ultimately, attaching themselves to the chain of forgers and forgeries, these supplementary works take their place in the vertiginous sequence of substitutions the film established: a neat allegory for a reign of the digital ghosting that Hitchcock could never have anticipated. (shrink)

Digital cameras and motion capture technologies that document and share creative practices have transformed the way we think about dance as an embodied knowledge as well as the way we experience it bodily. Computational media, which not only records and archives but also calculates, analyses and models dance, further complicates its ontological status. This move to document and inscribe dance in a tangible medium marks a shift from understanding dance as an ungraspable event towards conceiving of dance as a tangible (...) process that can be collected, transmitted, repeated and packaged or archived as an object. I look at two dance works – Matthias Sperling’s Loop Atlas and Siobhan Davies and Anri Sala’s Solo in the Doldrums – that trouble conventional notions of embodiment and its relationship to both presence and absence, at the same time they challenge how computational media fixates on figures and gestures that can be traced, mapped and calibrated. (shrink)

pt. I. Matter: 1. Philosophy as worldview ; 2. Classical matter: bodies and fields ; 3. Quantum matter: weird but real ; 4. General concept of matter: to be is to become ; 5. Emergence and levels ; 6. Naturalism ; 7. Materialism -- pt. II. Mind: 8. The mind-body problem ; 9. Minding matter: the plastic brain ; 10. Mind and society ; 11. Cognition, consciousness, and free will ; 12. Brain and computer: the hardware/software dualism ; 13. Knowledge: (...) genuine and bogus -- pt. III. Appendices: 14. Appendix A: Objects ; 15. Appendix B. Truths. (shrink)

This book offers a reconstruction of the debate on non-Euclidean geometry in neo-Kantianism between the second half of the nineteenth century and the first decades of the twentieth century. Kant famously characterized space and time as a priori forms of intuitions, which lie at the foundation of mathematical knowledge. The success of his philosophical account of space was due not least to the fact that Euclidean geometry was widely considered to be a model of certainty at his time. However, such (...) later scientific developments as non-Euclidean geometries and Einstein’s general theory of relativity called into question the certainty of Euclidean geometry and posed the problem of reconsidering space as an open question for empirical research. The transformation of the concept of space from a source of knowledge to an object of research can be traced back to a tradition, which includes such mathematicians as Carl Friedrich Gauss, Bernhard Riemann, Richard Dedekind, Felix Klein, and Henri Poincaré, and which finds one of its clearest expressions in Hermann von Helmholtz’s epistemological works. Although Helmholtz formulated compelling objections to Kant, the author reconsiders different strategies for a philosophical account of the same transformation from a neo-Kantian perspective, and especially Hermann Cohen’s account of the aprioricity of mathematics in terms of applicability and Ernst Cassirer’s reformulation of the a priori of space in terms of a system of hypotheses. This book is ideal for students, scholars and researchers who wish to broaden their knowledge of non-Euclidean geometry or neo-Kantianism. (shrink)

It is generally argued that if the wave-function in the de Broglie–Bohm theory is a physical field, it must be a field in configuration space. Nevertheless, it is possible to interpret the wave-function as a multi-field in three-dimensional space. This approach hasn’t received the attention yet it really deserves. The aim of this paper is threefold: first, we show that the wave-function is naturally and straightforwardly construed as a multi-field; second, we show why this interpretation is superior to other interpretations (...) discussed in the literature; third, we clarify common misconceptions. (shrink)

Hermann von Helmholtz’s geometrical papers have been typically deemed to provide an implicitly group-theoretical analysis of space, as articulated later by Felix Klein, Sophus Lie, and Henri Poincaré. However, there is less agreement as to what properties exactly in such a view would pertain to space, as opposed to abstract mathematical structures, on the one hand, and empirical contents, on the other. According to Moritz Schlick, the puzzle can be resolved only by clearly distinguishing the empirical qualities of spatial perception (...) from those describable in terms of axiomatic geometry. This paper offers a partial defense of the group-theoretical reading of Helmholtz along the lines of Ernst Cassirer in the fourth volume of The Problem of Knowledge of 1940. In order to avoid the problem raised by Schlick, Cassirer relied on a Kantian view of space not so much as an object of geometry, but as a precondition for the possibility of measurement. Although the concept of group does not provide a description of space, the modern way to articulate the concept of space in terms of transformation groups reveals something about the structure and the transformation of spatial concepts in mathematical and natural sciences. (shrink)

In 1870, Hermann von Helmholtz criticized the Kantian conception of geometrical axioms as a priori synthetic judgments grounded in spatial intuition. However, during his dispute with Albrecht Krause (Kant und Helmholtz über den Ursprung und die Bedeutung der Raumanschauung und der geometrischen Axiome. Lahr, Schauenburg, 1878), Helmholtz maintained that space can be transcendental without the axioms being so. In this paper, I will analyze Helmholtz’s claim in connection with his theory of measurement. Helmholtz uses a Kantian argument that can be (...) summarized as follows: mathematical structures that can be defined independently of the objects we experience are necessary for judgments about magnitudes to be generally valid. I suggest that space is conceived by Helmholtz as one such structure. I will analyze his argument in its most detailed version, which is found in Helmholtz (Zählen und Messen, erkenntnistheoretisch betrachtet 1887. In: Schriften zur Erkenntnistheorie. Springer, Berlin, 1921, 70–97). In support of my view, I will consider alternative formulations of the same argument by Ernst Cassirer and Otto Hölder. (shrink)