“©Tutti i diritti riservati”. Proprio tutti? Per un diritto costituente

The starting point of this article is an apparent paradox: why do governments and public bodies feel obliged to use social media owned by private companies and to follow their rules, when according to basic political logic it should be private individuals who use these platforms? This situation is surprising and dangerous, and shows that the public/private divide explains nothing. In fact, discussing copyright while accepting the current legal framework is a pointless exercise: the fact is that a small oligarchy is appropriating virtual space, with the complicity or benevolent tolerance of state bodies. To remedy this, we need to liberate contemporary legal thought from its role as a corollary of established power and encourage legal forms to move in a metajuridical territory, with openness and experimentation. We should not simply register changes, but promote the extension of rights and prevent social spontaneity from being limited by prohibitions. This echoes Spinoza’s opposition between the Power and the potestas in the State apparatus. The pioneering thought of Giordano Bruno, Aby Warburg and Ernst Jünger and their imaginatio as a prefiguratio of our actuality could be a reference for opening up all the potentials of the Internet.