4. The public domain and the European Commission strategy
So far much of the value residing in the public domain has been left unattended. Much of the emphasis has been placed on private commodification of information rather than exploitation of the public domain for the public good. Unfortunately, no international player has yet focused upon the value of openness and public domain business models by reversing the present trend of extreme propertisation. As detailed throughout the report, the emerging online culture of sharing and remixing has enhanced the value of the public domain. User-generated content, online collaborative endeavours and peer-production, such as open source software, are founded on the value of reuse and inherently diminished by increased propertisation. The same applies to blogging, tweeting and modern forms of online information that have radically changed our democratic landscape. So far, no jurisdiction has really tackled the question of creativity in the digital age by shifting the paradigm of steady commodification of information, overlooking the fact that digitization and the Internet have changed everything. In contrast, digitization and the Internet have become a misperceived justification of extreme propertisation. Europe can become an international leader in extracting value from the public domain with a few key solutions that do not substantially harm the current state copyright and do not entail overbroad efforts.
The large benefits that Europe could reap from preserving and promoting the public domain will substantially come at no additional costs. The assets of the public domain are ready to be profitably used. The public domain is a cultural mine enriched over the centuries. Today, the riches of the public domain can be enjoyed with the click of a computer mouse. The power of propagation through the Internet and the endless productivity of digitization have made exploitation easier and the public domain exponentially more valuable.
Additionally, mechanisms and tools to make the public domain and the value attached to it a priority for further intervention are already in place at the EU level. Since the 12010 strategy, European institutions have greatly valued digitization and preservation of the European public domain, open access to information, and the protection of users’ prerogatives in the digital environment. The same priorities have been upheld by the most recent
