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Re:The Internet is a public commons erected on private property by lukeschlather on Friday December 24, 2010 @12:07PM (#2037554)
There's a lot of really good stuff in here, but I think it's important to note that it's a private commons erected on public land that is then leased/rented back to the public. It's not actually a public commons.

(And that is the whole problem.)

Re:The Internet is a public commons erected on private property by jdp23 on Friday December 24, 2010 @01:05PM (#2037689)
the term "public commons" doesn't appear in the article ... "public sphere" has a different meaning, tying back to Habermas and others. http://en.wikipedia.org/wiki/Public_sphere

the original title "Wikileaks Exposes Internet's Dissent Tax" is a much clearer summary of the argument.

Re:The Internet is a public commons erected on private property by tptacek on Friday December 24, 2010 @12:29PM (#2037603)
Which public land are you referring to? Because the article is referring to things like the Amazon terms of service. What public property is Amazon taking advantage of?
Re:The Internet is a public commons erected on private property by lukeschlather on Friday December 24, 2010 @01:10PM (#2037700)
Public land that has privately owned network cable on it.

Though you're right in principle; that is a small piece of what Amazon does. I was just trying to fend off the oft-repeated notion that the Internet backbone was entirely the work of private industry, and the government has no business regulating it.

Re:The Internet is a public commons erected on private property by tptacek on Friday December 24, 2010 @01:15PM (#2037713)
That stopped being public land when we sold the right-of-ways.

Moreover, what possible connection could there be between cable right-of-ways and the terms of service for Amazon's own servers?

Re:The Internet is a public commons erected on private property by cosmicray on Friday December 24, 2010 @01:28PM (#2037740)
Some of those lands you refer to are leased for for the fiber optic conduits. Lvl3 has 12 ducts on one side of a US Highway not far from me (it also has a state highway number). Lvl3 is paying a periodic lease (probably annually) for the right to be there.
Re:The Internet is a public commons erected on private property by lisper on Friday December 24, 2010 @12:47PM (#2037657)
"Private commons" is an oxymoron.
Re:The Internet is a public commons erected on private property by Perceval on Friday December 24, 2010 @08:09PM (#2038338)
Not really.

If you go back and read Habermas, who coined the term "public sphere" (which was what was used in the article), the first public spheres were private salons, coffee houses, and cafes. The discourse of the public sphere was also carried out in the (privately owned) media of the time (newspapers and pamphlets).

http://en.wikipedia.org/wiki/Public_sphere#J.C3.BCrgen_Haber...

Another (less readable) book on the subject is Badlands of Modernity, which discusses distinct spaces in which social orders are changed. The Palais-Royale in Paris, the private residence of Louis Philippe II d'Orléans, was one such site in which the ideals of the French Revolution were acted out before the revolution itself.

http://books.google.com/books?id=B0D0EOJoyMsC

http://en.wikipedia.org/wiki/Palais-Royal#The_Palais_Under_t...

Private spaces are just as capable of being inclusive, liberal, open commons as public spaces. Indeed, in times of oppressive government, it is private spaces that become the refuge of the remnants of openness. This is one reason why liberal theorists from the Enlightenment era regarded the ownership of private property as a right essential to the maintenance of liberty.

Re:The Internet is a public commons erected on private property by gloob on Friday December 24, 2010 @12:50PM (#2037664)
Hence the issues described in TFA.