The risk of pioneers. Space, commons, and criminalization in Cyberspace

This paper intends to point out the historical parabola of hackers and their tactical resistance through the institution of commons - as open source, free software, creative commons licenses. As mainstream perspectives have shifted from an initial celebration of hacking as a good practice in programming computers to the criminalization of the copying of software and the sharing of music, hackers are nowadays reacting to the institutionalization of private property in cyberspace by creating free (virtual) spaces where the contribution of every user allows for a broad spread of notices, information, and reviews. Rather than invoking a form of indigenous property rights in their claims to the internet, they are proposing an alternative and community-based model of exchange and living. The risk of criminalization through mainstream politics and economics is attenuated not by a (legal and cultural) claim to legitimacy, but rather through the proposal of an alternative lifestyle. The paper will give account also of data collected in the most recent HackMeeting (Pisa, September 29-31, 2007)