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"Commons" is an Old English word. According to my Japanese friends, it is quite close to the meaning that iriai still has in Japanese. "Commons," like iriai, is a word which, in preindustrial times, was used to designate certain aspects of the environment. People called commons those parts of the environment for which customary law exacted specific forms of community respect. People called commons that part of the environment which lay beyond their own thresholds and outside of their own possessions, to which, however, they had recognized claims of usage, not to produce commodities but to provide for the subsistence of their households. The customary law which humanized the environment by establishing the commons was usually unwritten. It was unwritten law not only because people did not care to write it down, but because what it protected was a reality much too complex to fit into paragraphs. The law of the commons regulates the right of way, the right to fish and to hunt, to graze, and to collect wood or medicinal plants in the forest.
An oak tree might be in the commons. Its shade, in summer, is reserved for the shepherd and his flock; its acorns are reserved for the pigs of the neighbouring peasants; its dry branches serve as fuel for the widows of the village; some of its fresh twigs in springtime are cut as ornaments for the church — and at sunset it might be the place for the village assembly. When people spoke about commons, iriai, they designated an aspect of the environment that was limited, that was necessary for the community's survival, that was necessary for different groups in different ways, but which, in a strictly economic sense, was not perceived as scarce.

 

Ivan Illich

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The enclosure of the commons inaugurates a new ecological order: Enclosure did not just physically transfer the control over grasslands from the peasants to the lord. Enclosure marked a radical change in the attitudes of society towards the environment. Before, in any juridical system, most of the environment had been considered as commons from which most people could draw most of their sustenance without needing to take recourse to the market. After enclosure, the environment became primarily a resource at the service of "enterprises" which, by organizing wage-labor, transformed nature into the goods and services on which the satisfaction of basic needs by consumers depends. This transformation is in the blind spot of political economy.

 

Ivan Illich

 

A transformation of the environment from a commons to a productive resource constitutes the most fundamental form of environmental degradation. This degradation has a long history, which coincides with the history of capitalism but can in no way just be reduced to it. Unfortunately the importance of this transformation has been overlooked or belittled by political ecology so far. It needs to be recognized if we are to organize defense movements of what remains of the commons. This defense constitutes the crucial public task for political action during the eighties. The task must be undertaken urgently because commons can exist without police, but resources cannot. Just as traffic does, computers call for police, and for ever more of them, and in ever more subtle forms.
By definition, resources call for defense by police. Once they are defended, their recovery as commons becomes increasingly difficult. This is a special reason for urgency.

 

Ivan Illich

 

The appropriation of the grassland by the lords was challenged, but the more fundamental transformation of grassland (or of roads) from commons to resource has happened, until recently, without being subjected to criticism. The appropriation of the environment by the few was clearly recognized as an intolerable abuse. By contrast, the even more degrading transformation of people into members of an industrial labour force and into consumers was taken, until recently, for granted. For almost a hundred years the majority of political parties has challenged the accumulation of environmental resources in private hands. However, the issue was argued in terms of the private utilization of these resources, not the distinction of commons. Thus anticapitalist politics so far have bolstered the legitimacy of transforming commons into resources.

 

Ivan Illich

 

The House of Commons is at this moment being asked to agree to the renunciation of its own independence and supreme authority—but not the House of Commons by itself. The House of Commons is the personification of the people of Britain: its independence is synonymous with their independence; its supremacy is synonymous with their self-government and freedom. Through the centuries Britain has created the House of Commons and the House of Commons has moulded Britain, until the history of the one and the life of the one cannot be separated from the history and life of the other. In no other nation in the world is there any comparable relationship. Let no one therefore allow himself to suppose that the life-and-death decision of the House of Commons is some private affair of some privileged institution which at intervals swims into his ken and out of it again. It is the life-and-death decision of Britain itself, as a free, independent and self-governing nation. For weeks, for months the battle on the floor of the House of Commons will swing backwards and forwards, through interminable hours of debates and procedures and votes in the division lobbies; and sure enough the enemies and despisers of the House of Commons will represent it all as some esoteric game or charade which means nothing for the outside world. Do not be deceived. With other weapons and in other ways the contention is as surely about the future of Britain's nationhood as were the combats which raged in the skies over southern England in the autumn of 1940. The gladiators are few; their weapons are but words; and yet the fight is everyman's.

 

Enoch Powell

 

Now the Disney Corporation could do this because that culture lived in a commons, an intellectual commons, a cultural commons, where people could freely take and build. It was a lawyer-free zone.
It was culture, which you didn't need the permission of someone else to take and build upon. That was the character of creativity at the birth of the last century. It was built upon a constitutional requirement that protection be for limited times, and it was originally limited. Fourteen years, if the author lived, then 28, then in 1831 it went to 42, then in 1909 it went to 56, and then magically, starting in 1962, look — no hands, the term expands.
Eleven times in the last 40 years it has been extended for existing works — not just for new works that are going to be created, but existing works. The most recent is the Sonny Bono copyright term extension act.

 

Lawrence Lessig