A Legal Framework for Common Property?

At Integral Visionioning. "P2P Economic Governance (1): Open Capital and Market 3.0" Editor Michel Bauwens received this message from Chris Cook of Open Capital.Net:

My thesis is that the only thing holding back the development of a P2P society is the lack of a workable "Enterprise Model" (ie legal and financial structure). In this context, the UK government helpfully (but inadvertently) gave us one a few years ago with the "new" UK Limited Liability Partnership, which I call the "Open" Corporate. This allows us to bring together peer-to-peer economic activity within a collectively agreed framework. His Open Capital site " develops alternatives to the existing financial structures based upon peer to peer credit models and investment models. Integral to this is the concept of "ownership in common" ie neither "State" nor "Private" : "Open" nor "Closed".

Bauwens commented, in response:

Peer to peer most generally is simply the relational dynamic at work in a distributed network, and your proposals seem to aim for rendering the market such.But it is also more than that. In its more developed form, P2P is not a market, but involves peer production, peer governance and peer property schemes that are outside the market, with no direct exchange, but pure nonreciprocal exchange. The production is outside the wage relation, does not produce commodities sold in a market, there is no supply and demand, no pricing, no corporate hierarchy....

But the other modes, the market, hierarchies, gift economy exchanges, will continue to exist but be informed and re-formed by P2P principles. Your proposal could be seen in that context.