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According to the standard account, IPRs allocate objects to owners, just like ownership allocates real property. In this paper, I explain that this simplistic paradigm operates on the basis of three fictions: The first – truly Polanyian – fiction concerns IP subject matter that was originally not produced for sale but created for other purposes, e.g. private pleasure. The second fiction is that IP is treated as a marketable good whereas much IP, in particular works and signs, are embedded in communication. Finally, IP is a fictitious concept in that we speak of works, inventions, and other IP objects as of tangible commodities, where in fact IP objects only exist insofar and because we speak and regulate as if they exist as abstract “goods” of value.
Our analysis of Joachim Wittstock‘s narrative entitled Hades and published thirteen years after the fall of the communist regime in Romania aims at pointing out the intimate connection between socio-political reality and personal experience refl ected by the creative process of turning reality into fi ction by writing. We consider the chosen narrative both as a political and literary statement, refl ecting much of the way of life in Romania during the late 1980s. The narrative may be considered as some kind of withheld fi ction and a pertinent comment of the author as to the role of fi ction in a totalitarian regime.
Fiktion und Fakten am Beispiel Carmen Elisabeth Puchianus Prosaband "Amsel – schwarzer Vogel"
(2017)
Literary productions live in a multi-dimensional context. On the one hand, the author and his/her reality play a significant role in the creation of the text; on the other hand, the reference to reality takes place through reception, that is, in a dimension where the author and the text are powerless. I would like to research on Carmen Elisabeth Puchianu’s stories Amsel–schwarzer Vogel (München 1995) from this point of view, as some texts have triggered outrageous reactions. These can be explained to some extent as a confusion between fact and fiction as well as a rejection of new literary discourses both in the German literature in Romania and Romanian literature after the political changes in 1989.