The Public Domain: Enclosing the Commons of the Mind by James Boyle

(1 User reviews)   3947
By Charlotte Girard Posted on Nov 15, 2025
In Category - Adventure
Boyle, James, 1959- Boyle, James, 1959-
English
Have you ever wondered why you can't legally remix a song from the 1920s? Or why old movies seem locked away forever? James Boyle's 'The Public Domain' explains the invisible war happening right now over our shared culture. It's not about stealing—it's about who gets to control our history, art, and ideas. Boyle argues that we're letting corporations build a 'second enclosure' around our collective mind, locking up everything from Mickey Mouse to medical research. This book will change how you see every meme, every Wikipedia entry, and every creative choice you make. It's the secret history of the stuff we all own together.
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First Section. The Freedom of Science and its Philosophical Basis. Chapter I. Science And Freedom. Chapter II. Two Views Of The World And Their Freedom. Chapter III. Subjectivism And Its Freedom. Second Section. Freedom of Research and Faith. Chapter I. Research And Faith In General. Chapter II. The Authority Of Faith And The Free Exercise Of Research. Chapter III. Unprepossession Of Research. Chapter IV. Accusations And Objections. Chapter V. The Witnesses of the Incompatibility Of Science And Faith. Third Section. The Liberal Freedom of Research. Chapter I. Free From The Yoke Of The Supernatural. Chapter II. The Unscientific Method. Chapter III. The Bitter Fruit. Fourth Section. Freedom of Teaching. Chapter I. Freedom Of Teaching And Ethics. Chapter II. Freedom Of Teaching And The State. Fifth Section. Theology. Chapter I. Theology And Science. Chapter II. Theology And University. Index. Footnotes IMPRIMATUR. Nihil Obstat REMIGIUS LAFORT, D.D. _Censor_ Imprimatur JOHN CARDINAL FARLEY _Archbishop of New York_ NEW YORK, January 22, 1914. COPYRIGHT, 1914, BY JOSEPH F. WAGNER, NEW YORK AUTHOR’S PREFACE TO THE ENGLISH EDITION. The present work has already secured many friends in German Europe. An invitation has now been extended for its reception among the English-speaking countries, with the object that there, too, it may seek readers and friends, and communicate to them its thoughts—the ideas it has to convey and to interpret. While wishing it heartfelt success and good fortune on its journey, the Author desires it to convey his greetings to its new readers. This book has issued from the throes of dissension and strife, seeing the light at a time when, in Austria and Germany, the bitter forces of opposition, that range themselves about the shibboleth _Freedom of Science_, were seen engaging in a combat of fiercer intensity than ever. Yet, notwithstanding, this Child of Strife has learned the language of Peace only. It speaks the language of an impartial objectivity which endeavours, in a spirit of unimpassioned, though earnest, calm, to range itself over the burning questions of the day—over those great _Weltanschauung_ questions, that stand in such close relation with the compendious motto: _Freedom of Science_. Yes, _Freedom_ and _Science_ serve, in our age and on both sides of the Atlantic, as trumpet-calls, to summon together—often indeed to pit in deadly combat—the rival forces of opposition. They are catch-words that tend to hold at fever-pitch the intellectual life of modern civilization—agents as they are of such mighty and far-reaching influences. On the one hand, Science, whence the moving and leading ideas of the time take shape and form to go forth in turn and subject to their sway the intellect of man; on the other, Freedom—that Freedom of sovereign emancipation, that Christian Freedom of well-ordered self-development, which determine the actions, the strivings of the human spirit, even as they control imperceptibly the march of Science. While the present volume is connected with this chain of profound problems, it becomes, of itself, a representation of the intellectual life of our day, with its far-reaching philosophical questions, its forces of struggle and opposition, its dangers, and deep-seated evils. The Author has a lively recollection of an expression which he heard a few years ago, in a conversation with an American professor, then journeying in Europe. “Here, they talk of tolerance,” he observed, “while in America we put it into practice.” The catch-word _Freedom of Science_ will not, therefore, in _every_ quarter of the world, serve as a call to arms, causing the opposing columns to engage in mutual conflict, as is the case in many portions of Europe. But certain it is that everywhere alike—in the new...

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This isn't a story with characters, but it has a clear plot: our shared culture is being quietly fenced off. James Boyle walks us through how copyright law, originally meant to encourage creativity for a limited time, has been stretched to protect corporate interests for over a century. He shows how things that should belong to everyone—old books, foundational science, classic art—are kept in legal limbo. The 'villain' isn't a person, but a system that confuses control with creation.

Why You Should Read It

Boyle makes a dense legal topic feel urgent and personal. He connects the dots between Disney's lobbying, the fight for affordable AIDS drugs, and your ability to make a silly YouTube video. You'll start seeing 'intellectual property' everywhere, and questioning who it really serves. His writing is clear and often funny, using stories instead of jargon. It turns a dry policy debate into a fight for our creative freedom.

Final Verdict

Perfect for curious internet citizens, artists who sample or remix, and anyone who uses Wikipedia. If you've ever been frustrated by a paywall on an academic article or wondered about the rules of fair use, this book is your roadmap. It's not anti-copyright; it's pro-balance. You'll finish it feeling smarter about the digital world and ready to defend the creative commons we all depend on.



🟢 Open Access

There are no legal restrictions on this material. Preserving history for future generations.

David Garcia
1 month ago

I came across this while browsing and the clarity of the writing makes this accessible. One of the best books I've read this year.

5
5 out of 5 (1 User reviews )

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