G-CHANGE (Guarding Genuine Change: Countering Value-Hijacking Practices in the Transition Economy)

Drawing on Nexa’s research in digital rights and the public domain, as well as groundbreaking legal-theoretical work on common goods developed at the University of Turin Law School, this project investigates how legal institutions are weakened by diverse (and often concealed) forms of value hijacking and co-optation.

Traditionally, the law has served both as an instrument of domination by ruling powers and as a protective shield for the subaltern, with counter-hegemonic potential. However, in the era of informational capitalism, rapid technological advancements are increasingly eroding this potential, even co-opting the most radical opposition into mainstream programs of growth and accumulation. Legal concepts originally conceived to counter the exploitation of humans and nature have been repurposed to serve hegemonic interests. Practices such as greenwashing and similar strategies (ethics-washing, open-washing, etc.) blur the line between genuine commitments and manipulative tactics, both in the private and public sectors.

Our project seeks to explore how legal concepts and institutions are distorted from their founding principles and co-opted to support dominant economic agendas. The goal is to reclaim these institutions for genuinely counter-hegemonic action, preserving their role as a protective shield, in the interest of future generations.

“Value-hijacking” can be defined as the corporate practice of exploiting counter-hegemonic ideals (such as openness, sustainability, fairness, etc.) to gain a competitive advantage while undermining their true intent. While greenwashing (misleading claims about environmental responsibility) is now regulated under EU law, other forms of value-hijacking, such as open-washing and ethics-washing, remain pervasive, especially in the digital transition.

This project investigates how companies and institutions, particularly in tech-driven sectors, fake adherence to progressive values while perpetuating extractive business models. We examine in particular:

• Open-washing: outward appeals to “openness” (open data, open source, open innovation, etc.) while maintaining legal or de facto exclusive control.
• Digital ethics-washing: promoting “ethical AI” or privacy rhetoric to mask surveillance practices or labour exploitation.
• The co-optation of legal safeguards into growth-driven agendas, diluting their original purpose.

Focusing on the digital and green transitions, the project questions the hijacking of legal doctrines and institutional solutions that have been developed to resist market fundamentalism and promote broad social, environmental, and economic goals. Its main aim is to theoretically and practically reconstruct the original intent of these doctrines and solutions in a manner that fosters genuine commitment to fair market practices for the benefit of future generations.

This foundational research project investigates value-hijacking, where organizations exploit progressive ideals (sustainability, ethics, openness, etc.) for competitive gain without genuine commitment. It aims to:

1. Develop a theory of value-hijacking across sectors, analyzing key forms like:

• Greenwashing (fake environmentalism)
• Ethics-washing (superficial ESG commitments)
• Open-washing (false transparency claims)
• Wokewashing (performative social justice)

2. Identify resistance strategies, including:

• Legal countermeasures within existing frameworks
• Practical applications in business, advocacy, and law
• Assessing their impact on fair markets and social equity

The study explores how protective legal mechanisms are co-opted by economic power and tests ways to reclaim their emancipatory potential.

An inaugural conference was held at the University of Turin on 28 March 2025.

In June 2025 the project will host as Visiting Scientist Dr. Talha Syed, Assistant Professor, University of California, Berkeley Law School.