martin hardie on Thu, 23 Jun 2005 12:42:09 +0200 (CEST) |
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<nettime> Time Machines and the Constitution of the Globe. |
Fellow Nettimers A draft of a paper I intend to give in a few weeks. A text version is below without footnotes. With footnotes you can find it in pdf here: http://openflows.org/~auskadi/timemachines.pdf Comments, critics and flames welcome here or offlist best Martin European Ways of Law, First European Socio-Legal Conference, July 6-8, 2005, Instituto Internacional de Sociolog?a Jur?dica, Antigua Universidad, O?ati, Gipuzkoa, Euskadi. Time Machines and the Constitution of the Globe. Martin Hardie.i Introduction. This is a presentation of some preliminary work I have been undertaking on an excavation of the development of the Unix computer operating system. This research forms a part of my quest to come to grips with the logic and rhetoric of free (libre) and open source software or linux machines, (hereafter Floss) which is the stated field of my research ? as such it can be seen as partly a prehistory of Floss. One thing that has arisen as I progress in these investigations, is how American notions of freedom, innovation and law feed into the global machine of sovereignty. This is the hinge or link between my work and the theme of this conference - European Ways of Law. The conference title assumes special European characteristics not only of law on the books but also of law in action. The conference accepts that these characteristics may differ considerably from the American way of law. What my research suggests is that the telling of the story of Floss and law carries with it peculiarly American overtones. These American notions of innovation and intellectual property (IP) extend globally. This logic of IP pilots the technological processes and the way these processes are portrayed in popular story telling. What I find is that these stories also feed back into the broader meaning of freedom in today's globalised world. That is how freedom is understood and how it is achieved. Here, at O?ati, by way of a progress report on my research I wanted to relate some questions concerning this American way of law. A survey of the manner in which, outside of formal or traditional legal proceses of law making, the logic of law in Floss feeds into the constitution of a global system, and how these traits are in the contemporary context becoming, increasingly, the norm, or standard of freedom in our world.ii Biopolitical. The work I am undertaking is I think fairly classified as biopolitical. Biopolitical in the Foucauldian sense. I am making a sort of excavation of one story within the big globalisation story, and in so doing trying to focus in on some minute detail, some minutiae. It is where things like science, academia, law, technology and mythology all get wound up together. Where power relations seem exposed but strangely at the same time they are hidden by a popular story and its rhetoric. It is at once in this regard a social, political, philosophical, technological and legal investigation. It is biopolitical because it appears as related to how society is ordered, disciplined and controlled in this global context. Here law seems to tell a popular story which codifies a myth and a complex of stories. This story, whilst being dressed up in the clothing of freedom, at the same time, acts as an agent of discipline and control. It is also biopolitical in that the distinctions between private and public all seem jumbled up and mixed together. A private legal topic, such as IP seems to take on a public status at times ? with flashes of sovereignty, property, freedom and even policing. What appears to us as a public space from one perspective, seems to really be a privatised space. And from another perspective it seems to be just the opposite. What seems to be a question of IP, authorship and new forms of producing and innovating, seem to carry with them characteristics, or overtones, that reflect processes occurring in the constitution of a global and supranational form of sovereignty. So here in part is what I am trying to investigate: to what extent does this form of production march in step with, or even produce in a machinic way, this form of sovereignty. To borrow from physicist/historian Peter Galison ? the mixture appears as critical opalescence ? the point at which water and vapour no longer appear stable but flash back and forth between each other.iii In this research two threads ? broadly, authorship/innovation and sovereignty/society; appear as networked machines and both machines seem to flash signals back and forth to each other. Free as in Freedom In the telling of the popular story of Floss law plays a unifying role. It presents a linear or unified story that masks over many of these signal flashes throughout the network. The story of Unix and Floss is one that flashes between science, commerce, academia, sovereignty, the law, the military and counter cultures. In its detail it seems to defy the sort of unification that the popular legal story portrays. Unlike this complexity, this critical opalescence, the popular story is simply one of freedom. The popular story is said to be one of a 'social movement' where institutions such as the Free Software Foundation,iv and its relations, the Creative Commons,v and the Electronic Frontier Foundation,vi play a role as guardians of 'our' law and freedom. I have read that these movements are becoming in the U.S. centres of a new form of student activism, in fact I have encountered some of these groups ? Free Culture societies that spring up on campuses replacing the old forms of student activism.vii These organisations spread their networks and spread their story of law and freedom across the globe, repeating the popular story ? the Free Software Foundations of Europe, of Brazil and of India.viii Freedom as in Floss, or as in any of these related organisations, is bound up with the logic of open democracy and in the end it seems free and open markets. Witness, pop professor and driving force behind the Creative Commons and Electronic Frontier 'movements', Lawrence Lessig as recent as June 2005, writing about his trip to the World Social Forum in Brazil under the banner of "The People Own Ideas".ix Under the subheading "Truly Free Markets" Lessig gets to the core of this freedom: it is a freedom that is about technology, wealth, efficiency and growth. It is a rhetoric that seeks to justify the link between science and commercial prosperity, both national and global, by a call to a moral and political vision of freedom. It is without shame an American vision of freedom, even in his reportage on his trip to Brazil, Lessig writes: "the kids at Porto Alegre" will find their solace in a "free culture" - an "economy that governed creative industries for at least the first 186 years of the American republic".x In some of my research to date I have tried to deal with some aspects of this type of freedom. In a piece published in an Indian publication ? the Sarai Reader 4; in 2004xi; I tried to consider these notions of freedom from the perspective of Toni Negri's constituted powerxii and how the rhetoric of policing, surrounding hackers and terrorists in cyberspace seems to be piloting this "Free as in Freedom" rhetoric. Piloting it from being touted as a sort of dot.communismxiii to being nothing more than a new business model ? that is freedom as a story of capital's renovation.xiv The rhetoric of Floss proposes the technical device (the software) and the IP device (the licence) as machines of liberty and freedom. Slogans such as "Free as in Freedom", "Free as in a Free Society", "Free as in Speech" "but not as in beer" all sound forth from the high priests of Floss.xv The latter, "free as in speech and not as in beer", locates Floss firmly within the tradition of U.S. Constitutionalism.xvi This American constitutionalism is continually reinforced by the work of Lawrence Lessig. He envisages the "Future of Ideas"xvii as concerning "our future" as a "free society" in the age of the internet, as a constitutional question ? explicitly, that is, an American constitutional question; determined by reference to the intent of the 'founders'.xviii In Insurgencies Negri critiques this sort transcendental foundationalism. Negri relates the manner in which the 'freedom of the frontier' in American thought has been submitted to the constitution and was organised by Hamilton around the "kingdom of monetary circulation". In Negri's America, money replaced the frontier and reorganised power around financial capital.xix In this context, freedom of speech (and not as in beer) becomes the breeding ground of the kingdom of money ? the place where innovation takes place; rather than the boundary of the frontier. Freedom in this context is always capped by property and money. Here is the Hamiltonian concept of idea of freedom on full view: Property is essential to survival and the right to property is essential to autonomy.xx AT&T and the Freedom Machine. The telling of the popular story about the birth of Unix, in the Bell Labs of AT&T, also relates these American ideas of law and freedom. Lessig summarises this popular story for us in his second book "The Future of Ideas".xxi It is a story that is told and repeated by many Floss commentators. It is even retold by European academics such as Manuel Castells.xxii Again, an American story becomes a global story. This story tends to attribute the environment in which Unix was born, to a legal story, one related to government command. It is a story of how legal command affected the manner in which AT&T, the company in which Unix was first developed, could operate. This story tells us that it was law, in the form of the 1956 antitrust 'decree' (actually an agreement between AT&T and the U.S Government) that created an environment in which management decided to simply give away the Unix time sharing computer system to anyone who wanted it.xxiii It was, the story goes, given away in a manner similar to the way that today, it is said that Linux is freely given away. In this popular story it is law that created a time and space where 'freedom' and sharing was the norm within AT&T. Law it is told, molded, and continues to mold, the subjectivities of the programmers, the corporate executives, and the users, so that they embraced freedom. It was law that not only created the environment of freedom but when law changed it caused a different space to arise, one where sharing and freedom gave way to corporate greed. This change was the 1982 AT&T divestiture agreement. This change saw the company change track from being a national provider to become one of the global oligarchs of international telecommunications.xxiv Lessig tells it as such: after the AT&T divestiture AT&T "decided to enter the computing business ..." and henceforth "Unix would no longer be free".xxv In the popular story Floss, Linux, the Free Software Foundation and subsequently, its institutional relations, arose as responses to this corporate attack on freedom. The telling of the Floss story is one of the original purpose of the founders. Not only the founders of 'our' Jeffersonian tradition of copyright. But more than this, the founders of our tradition are a trinity - the founding fathers of the constitution, the founding fathers of copyright, and the founding fathers of Unix. It is the tradition of this trinity that has been betrayed by corporate greed. The task, now, is to remake that original freedom and defend it. To do so we must constitute our creative community of freedom by the mechanism of an IP device. A creative copyright licence. Here, in the story of Floss, the production of technical devices and the constitution of a community is guided, or founded by a device of IP law. The community of free producers in this scenario, is a society composed of free and equal entrepreneurs, of classical and individual authors, and is constituted by law. Law appears as integral, or fundamental to the composition and constitution of this community, and of the new global order. It is a global form of juridification of individual subjects, a founding of society where first and foremost we are all legal subjects or subjects constituted by law. In a way these accounts, to borrow from Deleuze and Guattari, come across a little like Oedipus. It is not the machine of production that builds the environment, but that of our father - law.xxvi It is in ways such as this that I am reading this popular story of Floss as an American story. It is as if we are poised within the passage of becoming global, of making or constituting ourselves as a global community, but we are bogged down on the proverbial Californian limit.xxvii American freedom has on one hand overcome the physical restraint of its west coast limit to the frontier, it has hurtled off into cyberspace, but in so doing it has taken with it America's law and vision of innovation and made it a global story. In the process, like the fabled American Dream, it has denied a place to exploitation. Reading the rhetoric of Floss you are plunged into an entrepreneurial paradise, we are never 'mere' or 'crude' producers, whose work is extracted or valorised by others for profit. In this scenario, we are never subject to the machine of capital. We are machines of capital ? that is we are all capitalists ourselves. We are the archetype of the Yankee Inventor,xxviii dragged from his 19th century home and transported through time into cyberspace. As Marx might have put it, we are free of the chains that bound us to the old system and we are now vogelfrei, free as the birds, to participate in the new global hi-tech economy.xxix At a time when American power and technology fuels the construction of the international order, this story of Floss feeds into it or sends and receives signal flashes back and forth.xxx It seems to disseminate the same core values, but this time on a apparently counter-cultural stage. In the face of this freedom machine local resistance or alternative views seem futile. Mere discussion of alternative views of freedom are laughable, even condemned as coming from those that hate freedom, from those, to use the parlance, that are simply spreading "FUD" - that is, fear, uncertainty and doubt. Thus "Free as in Freedom" takes on a rhetoric that is not dissimilar to the one in which there appears to us today only one story of the broader idea of freedom in the world. Once you start to excavate the prehistory of Floss, and look a little deeper into the genealogy of the Unix machine, you find that it isn't quite as cute and simple as the popular story tells it. The clean, and linear demarcations of production into legal periods, of free and non free, open and closed, or proprietary and non-proprietary, seem only to provide a unifying gloss.xxxi In a recent work in progress, (nicknamed, Nix One,xxxii) I have sought to descend into the depths of the invention of Unix within the Bell Labs.xxxiii In covering the history within the company I have found that these clean demarcations just don't work. The detail defies the unifying logic of the popular story. Its complexity is not dissimilar to another story about the science and philosophy of time. As I proceed with this investigation occasionally I feel as if I have myself entered a time machine. In a way my excavation of the pre history of Floss has become a passage through a time machine. A time machine that flashes back and forth in history, now 2005, then 1969, taking me to 1956, 1982, 1889 and then to 1915 and back again to 2005. It is one of my encounters with this time machine that I would like to try and turn to briefly. In doing so I hope to give some idea of the critical opalescence that makes up this interface of law and technology, of time, power and knowledge, and amongst other things, sovereignty. Time Coordination. The great quest for time coordination of the late nineteenth and early twentieth centuries, to which I intend to briefly refer, spins off into the environment in which the quest for a computerised time sharing machine ? that is Unix;xxxiv was eventually played out. By taking a trip in this time machine we might be able to get a better handle upon the environment within AT&T that precedes the period 1956 and 1982. The one that Lessig finds as being conducive to freedom. Possibly only with this journey can we then begin to understand the nature of this freedom. Peter Galison's story of Poincar?'s Maps and Einstein's Clocksxxxv serves as a precursor to my story of time sharing. His story is of the quest for time coordination, for the synchronisation of time. It, as with Unix, flashes back and forth between disciplines, between technology, invention, IP and sovereignty, between power and knowledge. It too builds a machine of administration. Time coordination helped build the administrative apparatus of the nation state and of the great corporations of modernity. Time sharing also built an administrative apparatus, that of the global networks of sovereignty and post fordist production. The products of both of these time machines, this new model of doing science, have given us, not only an administrative apparatus, they have given us the machines of the three instruments of Hardt and Negri's conception of imperial command ? the bomb, money and the ether.xxxvi Reading Galison, time coordination appears to me on three levels immediately relevant to the story of Unix and time sharing. It is linked to sovereignty and the creation and ordering of space. It raises questions of philosophical thought and practice. And it raises the question as to how ideas about law, and in particular IP, seem to pilot processes of production, in a more immediate manner than do formal legal processes. Sovereignty. Galison positions time synchronisation at the interface of technology, philosophy, sovereignty, and the literature and practice of law and science. He tells this story through the maps and radios of Henri Poincar?, the extraordinary French mathematician, philosopher and physicist, and the world of clocks and patents of the young Albert Einstein. In its day time coordination was seen as the beacon of modern thought.xxxvii The French pursued signal exchange as a tool to explore, map and govern their colonies. As a tool of unifying or synchronising not only the French state, but its empire as well. By its nature it was always an international affair where governments both cooperated and competed for imperial supremacy.xxxviii According to Galison, in the quest for time coordination "physics, engineering, philosophy, colonialism, and commerce collided".xxxix Time coordination was a machinic convention of modernity and in different places it stood for different things. In Germany it was construed as a stand in for national unity, in France it embodied the Third Republic's rationalist institutionalisation.xl In this rationalist France, signal exchange was seen as a example and proof of properly grounded knowledge. The event of signalling time from Paris was a matter of national concern, envisaged as a national response to the fixing of zero degrees of longitude at Greenwich.xli In the US time coordination was put into the service of the post Civil War task of nation building. A nation of railways and one eventually with universal access to long distance telephone communications. In time coordination AT&T found the the technical or practical key for the ideology and justification of a national telephone monopoly.xlii In America it was literally a nation and corporation building machine. Neither Poincar? or Einstein spoke of time, nor did time coordination exist, in some technical vacuum.xliii As Galison tells it, the wires of time coordination "came with national ambitions, war, industry, science and conquest. They were a visible sign of the coordination among nations in conventions about length, times and electrical measures. Coordinating clocks in the nineteenth and twentieth centuries was never just about a little procedure of signal exchange. Poincar? was an administrator of this global network of time, Einstein an expert at the centre of the central Swiss clearinghouse for new electrotechnologies... ."xliv Philosophy. "[T]echnological time, metaphysical time, and philosophical time crossed in Einstein's and Poincar?'s electronically synchronised clocks. Time coordination stood, unequaled, at the intersection: the modern junction of knowledge and power."xlv In Galison's account, it is possible to read Poincar? and Einstein, as "if they were abstract philosophers whose goal was to enforce philosophical distinctions by fabricating hypothetical worlds rich in imaginative metaphors". These were worlds that "employed imaginary trains, fantastical clocks, and abstract telegraphs."xlvi In his story, technologies are not derivative versions of an abstract set of ideas. Nor does technology cause philosophy or physics to adopt new conventions. He tells a story of 'critical opalescence".xlvii It is a story were there are no cleanly separated domains of technology, science and philosophy but only one were these disciplines, and the worlds of politics law and sovereignty flash back and forth between each other. Synchronising time became not just a matter of procedures but also a matter of the languages of science and technology.xlviii The philosophy of Poincar? and Einstien was conventional or procedural. Procedural, possibly in the sense that Unix is also procedural. The development and operation of Unix is a continual process of living, producing and reproducing desires, problems and solutions. They nearly always give rise to new situations that must be tackled in a similar manner. It is in this way that I am reading Unix as consistent with more philosophical descriptions of thinking or of living life itself. For example, Deleuze defends a conception of thought as essentially a "problem solving activity".xlix Likewise Negri considers the idea of constituent power, as an idea of constantly re-proposing the project of freedom at the limit. For Unix hacker, Eric Raymond its is about, "scratching an itch".l At the heart of the Unix process is a continual re-proposing of the idea, of scratching an itch, a procedural problem solving activity of overcoming the limit. Although the language and topology of these various philosophical descriptions and disciplines may vary from each other, they share a common antagonism to absolute standards or figures of mediation. Just as Einstein rejected the master clock in showing time has no absolute component in favour of a procedural form of coordination,li these different streams of thought, or better practice, privilege a way of doing things, or an ontological process, over the idea of judging one's actions by reference to an overarching, or transcendental standard or goal. To borrow from Agamben, they are concerned with means and not ends.lii Property. Along with the worlds of sovereignty and ideas, the world of property in the form of patents, flashed through the quest for time coordination. Einstein was "not only surrounded by the technology of coordinated clocks, he was also in one of the great centers for the invention, production, and patenting of this burgeoning technology."liii Galison describes Einstein's theory of time coordination as being "the model - for a new era of scientific philosophy".liv But he links this new model firmly to the world of patents. Einstein had started work at the Bern Patent Office in 1902. The patent office was "a rigorous school for thinking machines".lv Here the young Einstein was literally surrounded by a burgeoning fascination with electrocoordinated simultaneity."lvi Einstein was immersed in this world which "was a school for novel technology, a site that aimed to train a quite specific and disciplined taking-apart of technological proposals".lvii Here time "technologies spun off patents in every sector of the network", lviii it was a world where from "New York, Stockholm, Sweden, London, and Paris inventors launched their timing dreams toward the patent office, but it was the Swiss clockmaking industry that dominated the trade."lix It is in this context that Galison argues that Einstein's 1905 article 'On the Electrodynamics of Moving Bodies', "the best know physics paper of the twentieth century", bears the imprint of this crossroads between science and legal literature. It is "a scientific paper written in the form and rigour of a patent application".lx Galison notes that "it has long struck scholars that the style of (the paper) ... does not even look like an ordinary physics paper. There are essentially no footnotes to other authors" ... by contrast typical "physics articles were filled with references to other papers; Einstein's article does not fit this mold".lxi But he argues that if you read Einstein's paper "through the eyes of the patent world ...suddenly the paper looks far less idiosyncratic, at least in style. Patents are precisely characterised by their refusal to lodge themselves among other patents by means of footnotes". A demonstration of originality is not served by footnoted references to prior art. In Galison's story the "specificities of patent work had become, for Einstein, a way of life, a form of work, and ... a precise and austere style of writing." Einstein's paper bears the hallmarks of a patent application: a description representable through a model, a defence of the unity of the invention, and with the consequences laid out in a series of assertions. A unified infinity without centre? This world of clock coordination "was a world machine: a vast, at first only imagined, network of synchronised clocks that by the turn of the century had metamorphised from networks of submarine cables hauled by schooners to a microwave grid broadcast from satellites ..."lxii But Galison finds it as an ambiguous and ironic machine. The irony of Galison's Einstein resonates for me into the ambiguous nature of the Unix time sharing machine's history and the telling of its popular story. Galison continues: "Here the irony of events ... there was, in Einstein's infinite, imagined clock machine, no national or regional (clock) ... no master clock. His was a coordinated system of infinite spatiotemporal extent, and its infinity was without centre ... Einstein had both completed and subverted the project. He had opened the "zone of unification", but in the process ... designed a machine that upended the very category of metaphysical centrality."lxiii In my excavation of Unix it too appears as a machine that criss crosses sovereignty, philosophy and property. And it also appears as an infinity without a centre ? a realm of possibility enscribed within the code. But in the popular story there is no room for complexity or a critical opalescence. The Floss law story appears as zone of unification, law as the centred guardian of freedom. Just as Galison writes, that in Einstein's world, it was said that "true time would never be revealed by mere clocks".lxiv What I find in the world of Floss is that "true freedom may never be revealed by a unified telling by law". Signal Flash. The great quest for time coordination was culminated by Poincar? supervising one end of an event that stands as a monument in the history of wireless telephony or as we now know it, radio. On October 21 1915, AT&T researchers in Arlington, Virginia flashed a radio signal across the ocean to Poincar?'s installation at the Eiffel Tower. In France this stood as testament to the power of French rationalism. In the US it was the culmination of AT&T's radio research and a key in their quest to build a national and universal telephone network. Time coordination came down to flashing a signal and adjusting for the time it took for the signal to arrive. Wireless telephony, made this possible in a way that submarine cables had not. This flash across the ocean, feeds the continental story into the system of corporate research at AT&T's labs were Unix was eventually developed. The flash across the ocean sent the world of Poincar? and Einstein off to meet the world of the Yankee Inventor and the republican fear of monopoly. In turn AT&T would take time and its coordination forward and in so doing tackle the problem of its sharing. As the twentieth century entered its second half, time moved from being a nation and corporation builder to becoming a global network builder. In this respect it is of no coincidence that throughout its history AT&T has been known for its "network mystique".lxv That flash had originated in the labs of AT&T and travelled across the Atlantic to Paris and returned. The AT&T labs were machines of nation and corporation building. They became factories for patents and publications. They were machines of power and knowledge. In turn they became a part of the machine that built a new form of global sovereignty and a new type of factory. Both forms which have now exceeded the walls of the nation and the corporation. The origins of these labs coincides with the global search for time coordination and they stretched forward to the quest for interactive communal computing ? a form of computing known as time sharing. The Yankee Inventor and the Patent Corporation. In the U.S. patents were the foundation of the science and technology based firms developing in the 1880's and 1890's. "With the advent of the early testing 'labs', business purchased the scientist's analytical skills and ability to make improvements in existing processes and equipment. Invention, the development of patentable devices and processes capable of altering a firm's competitive ability, remained the task of individuals outside of the firm."lxvi However by century's turn the place of innovation in the US was shifting from the site of the solitary yankee inventor to the labs of corporate research. Patents too were one reason behind the corporate mergers that swept business during the 1890's. It is a time that is noteworthy for the invention of antitrust laws and the growing concern over corporate monopolies and power.lxvii It is also noteworthy as to how the rise in the fear of the corporate form of monopoly in the U.S. coincides with the process of nation building, and the simultaneous subsumption by the corporation of the yankee inventor. These themes run decisively through American civic and republican traditions and today pervade the logic and rhetoric of Floss.lxviii The corporatisation of American life not only threatened the independence of the yankee inventor. Business Historian Michael Dennis describes the debates over 'pure science' and the threat commerce and the rise of corporate labs posed to the university of that time. With the coming of the 20th century America still regarded university research as being insulated from the evils of commerce. Dennis describes the 1883 address to the American Association for the Advancement of Science by Henry Rowland, entitled "A Plea for Pure Science". In Rowland's plea science and the university were insulated from commerce by "a classical framework, one relying heavily upon republic conceptions of the marketplace" .... a "political economy of science linking the future of American science to economic prosperity and national pride, while justifying such claims on moral or political grounds...".lxix Rowland's solution was the establishment of research laboratories within the university system that would be insulated and survive with the provision of private patronage. What appears to me here, is what was in the late 19th and early 20th century definitely an American tradition, something which formed a part of the mixture in which time coordination was pursued, reappears later on a global scale. Rowland's plea might be read as a distant echo of Lessig. The debates of freedom and commerce within America that are a part of the mixture surrounding the quest for time coordination, have become in the context of time sharing, and the global ITC network, global debates, debates about global notions of freedom. In preaching pure science in 1883 and preaching free culture in Porto Alegre today, science and commercial prosperity are justified by a call to moral and political visions of freedom. Transmissions. The story of making the link between Paris and Arlington, sheds another piece of light on this tension. 1907 marks a significant year in the building of the national telecommunications network in the USA. It was a year of financial crisis and stagnation. It was the year of JP Morgan's takeover of AT&T. It was the year in which AT&T President Theodore Vail first enunciated his idea of providing America with universal telephone service. It was the year in which, with Vail's support, AT&T's development of long distance radio repeater transmissions and the goal of a national telephone service started to feed into each other. It was also a time when AT&T status was under the spotlight of the Government's recent Sherman Act ? the beginning of the complex of US anti monopoly laws. By 1913 Vail had averted the threats of antitrust proceedings by coming to the "Kingsbury Agreement" with the Federal Government. It was a deal that saw in return for the provision of universal telephone service, AT&T being granted a government sanction telephone monopoly. As transatlantic radio transmission would soon provide the technical key to universal service, the 1913 deal provided the legal key. At the same time, in Germany, France and Italy scientists were experimenting with wireless telephony and radio.lxx This was of course all a part of the world that Galison describes surrounding Poincar? and Einstein. Reich tells how ATT saw the importance of controlling wireless telephony. Control was important both to build the national network but also to protect against competition and the threat radio might pose to telephones.lxxi In October 1912, an outside invention provided the key. This invention by Lee de Forest, of the 'audion' changed the direction of radio repeater research. Immediately within AT&T the twin literary machines of science and patents hummed with activity.lxxii It was not long before de Forest's audion was firmly within AT&T's corporate walls. The AT&T acquisition of the audion led directly to, on January 25 1915, Alexander Graham Bell talking, by wireless transmission, to his former assistant Thomas Watson in San Francisco. Coast to coast was born and telephony opened the way for AT&T to build a national network and consolidate the corporations position in American life.lxxiii Almost immediately this coast to coast transmission was followed by transcontinental transmission ? the signal flash from Arlington to Paris and back. As Galison says: "Wireless had made world synchronisation possible".lxxiv Papers & Patents. In Dennis's history of the birth of corporate labs in America "patents emerge as an alternate literary form for the corporate scientists, one that secures priority for the researcher and the firm within the sphere of corporate security and the marketplace. Technological theory found its expression in two forms - the patent or the published paper, and the device itself".lxxv Patents and publication were mechanisms for bringing the scientist within the corporation. Science which had not that long before in Europe been "a vast sea of anonymous knowledge",lxxvi or, in the U.S. the realm of the yankee inventor, was rapidly becoming a corporate endeavour guided by the production of patents. According to Reich the literary form of patents and the logic of the patent lawyer were of importance in the construction of the AT&T research labs. The technocrats promoted under Vail's presidency were "willing to give researchers a certain amount of freedom" but they also sought to ensure that this freedom was "strongly encouraged" and thus guided "by the firm's pursuit of patents".lxxvii Reich tells of how the success of transatlantic radio transmission triggered a reassessment of the place and purpose of research within the AT&T system.lxxviii Following the transatlantic transmissions, producing patents became a primary activity of research. Within AT&T patent production became something that led to research not something that followed research.lxxix In this way AT&T became a patent making machine. Research activities broadened in order to give patent coverage in as many areas as possible that might impinge on commercial interests. The purpose of research became the task of gathering more information. Information, that is, in the form of patents.lxxx Quickly AT&T's R&D activities became clearly intertwined with the activities of the patent department. Patents represented not only innovation, but were commercial bargaining chips used in the pursuit of AT&T's monopoly and the provision of universal service.lxxxi With the entry of the US into WWI this patent producing machine combined with the military machine. Subsequently after the war the role of the research labs grew.lxxxii On January 1 1925, research driven by the goal of a national unity, of a universal service, of building a sanctioned monopoly, of producing patents, all came together with the incorporation of the Bell Labs. It was, as Reich notes, Bell Labs that "kept the Bell System in control of much of the American communications system".lxxxiii A system that would stay in tact in this form until the next bought of global post war restructuring, one that coincides with the beginnings of the quest for time sharing. Time Sharing. The synchronisation of time can be read as one of the technological building blocks of modernity, consistent with a form of production centred on the corporation or firm and with a system of sovereignty bounded within, or based upon, the nation state. Time sharing, a means for users to share time on interactive networked computer systems, can be read in a similar way. As a building block of post modernity. The first widely disseminated and functional time sharing system, the Unix time sharing machine, arose out of this Bell research environment ? out of this this factory of patents and publications. Time sharing, like time coordination came to be in times of change and restructuring. Corporations such as AT&T had used their control of patents as a means to control the pace of innovation. But while innovation remained in the firm, the firm controlled the speed of technological progress. The post WWII environment, called for a fast forwarding of the pace of technological innovation. Concurrently with this increasing emphasis on speed, we also see in the post war environment the seeds of a tendency towards global sovereignty.lxxxiv In this respect Unix and its descendants can be seen today as one of the principal building blocks of globalisation and info-capitalism. A building block of a global ITC infrastructure that supports a system of supranational rule and policing, of instantaneous monetary circuits, and a system of post fordist production that is based upon the selling of lifestyles and services.lxxxv In the telling of the building of this infrastructure, the popular Floss story appears to deal with the same questions, the same sorts of contradictions, that those of the late 19th century faced, and its response appears as the same, American response, but this time on a global scale. Calls for pure science - a republican civic call for the insulation of innovation and pure creativity from the market place; a call for the sovereignty of the yankee inventor in the face of corporate might; and a call for the sovereignty or insulation of academia from commercialisation; don't seem that too distant from the calls for Free Software and Free Culture. Today, this same civic republican logic is being transported across the globe, to places such as Brazil or India, places that might appear to seek to chart their own course within globalisation. Here the logic of the popular time sharing story serves, just as time coordination did in its day, as a call for national strength and independence, or as being a buffer against encroaching corporatisation. But just as with 'Pure Science', 'Free Software' and 'Free Culture', knowledge becomes a commodity and the practices that they seek to insulate from commerce, become the very practices that support commerce.lxxxvi This rhetoric of freedom, that pervades the logic of Floss, is one that seeks to justify innovation, prosperity and commerce ? in the end new technologies and new business forms; not on economic or scientific grounds, but on moral and political grounds. Prosperity, innovation and commerce are standard bearers of a new society justified on the basis of freedom. It is an extensive, global, American freedom, a society with a frontier always capped by the kingdom of money. In this popular story law is given a role of unifier and guarantor of that freedom but it does so in a system - this is the irony of Einstein as seen by Galison; in circumstances where quite possibly there is no centre or unity remaining. What seems to be hidden by this unity is what Galison portrays as the critical opalescence of the process of production and it is these processes that I am trying to uncover in this research. Time Machine from Rick Hallock's Time Machine page: http://www.snowcrest.net/fox/time.html. # distributed via <nettime>: no commercial use without permission # <nettime> is a moderated mailing list for net criticism, # collaborative text filtering and cultural politics of the nets # more info: majordomo@bbs.thing.net and "info nettime-l" in the msg body # archive: http://www.nettime.org contact: nettime@bbs.thing.net