Tue, Jun 24 2008 6:34 AM Bostwick

Criminality, Consent, and Copyright

Its sometimes argued that without the state intellectual property could, and should, continue under contracts. Aside from the obvious pragmatic concerns, this "consent" based approach fails to legitimize the activity.

To put it concisely: you can not sell something you do not own. Intellectual property (IP) can not be brought into being by the act of selling, it must already exist in order to be sold.

To understand why this is so we must understand the nature of extortion.

Consider a highwayman who demands payment from people in order to allow them to use the road. If you view the situation only very shallowly it may appear as a market exchange, the highwayman gets money and the traveler gets to use the road. After all, the traveler can choose to keep his money by not using the road. However, this view neglects the key fact that the highwayman has no right to determine the use of the road. There is no exchange, only extortion, backed by violence.

Furthermore, by agreeing to pay the victim does not cause the highwayman to become the owner. Any rights signed away to an extortionist are not actually transferred.

The highwayman is an obvious criminal, but there are many other "transactions" that fit the same category of extortion. The most common being the sale of land never converted into property through homsteading. The seller is not actually giving up property, he is merely charging a fee in exchange for not committing violence against any person who attempts to homestead the plot. The landholder demanding payment for allowing a person to settle unused land is no different than the highwayman demanding payment for allowing the person to travel the road.

The fact that the buyer is willing to pay the fee in order to pass, or to work the land, does not vindicate the criminals; for the same reasons that a consenting victim does not vindicate a mugger. The victim is unjustly impoverished and the criminal is unjustly enriched.

Intellectual property belongs in this same category. An IP owner demanding royalties from the economic exchanges of other people is nothing more than rent seeking. Royalties, like money to the highwayman, buy nothing but immunity from violence.

Unlike real economic exchange, IP is not mutually beneficial, it is exploitive.

Filed under:

# re: Criminality, Consent, and Copyright

Tuesday, June 24, 2008 7:48 AM by Carrie

Under this philosophy, what is to stop someone from building a house in your backyard?  Or moving into a vacation home you no longer use?  Nothing?  What set of criteria do you apply to determine if the land is being "used", and who gets to decide whether these criteria are met?  One could assert that one is "using" land by leaving it as a buffer between one's house and the highway, and another could say that it is "unused" and want to "use" it to build on.

# re: Criminality, Consent, and Copyright

Tuesday, June 24, 2008 12:18 PM by Bostwick

The homesteading theory of property.

 

http://blackcrayon.com/people/rothbard/property/

# re: Criminality, Consent, and Copyright

Wednesday, June 25, 2008 10:40 AM by Sequitur

Your argument is based on a bunch of inrequired ad hoc a priori beliefs. You consider geography as something that is always privatized, and that private roads should be forced to be made collective property. Not always. The atmosphere is considered unprivatizable, and humans have the ability to use airplanes. So if private road companies charge a fee, you still can escape, so that is not a problem.

What do you consider a "road" is? Do you consider your neighbor a road? Do you consider a private park a road, and they so they must be collectivized? Do you consider your neighbor's private sidewalk or river a road and that needs to be privatized? This can get very arbitrary, and everything might be considered "essential rights" and must be privatized. You are on a slippery slope.

What property do you consider "unused". Do you mean "unpossessed"? How do you determine it? If you see an empty baseball field or empty swimming pool or empty private park, do you have the right to use THEIR property? Humans lack perfect information to judge which property is "unused," so that can get pretty arbitrary.

If the swimming pool is actually a chemical storage tank storing chemical waste, you would die. If the private road is actually a runway for airplanes, you are killing the people in the airplanes. Humans lack perfect knowledge, and "judging" what can be privatized without consent of the owner, it is your risk.

If you actually want to collectivize "unused" property, then the owners might, for example, put many fences around their property to prevent "homesteading." The owners might otherwise put electronic devices on the land physically preventing foreigners standing on it by using technology to detect the DNA of the human. They might put nuclear waste on the land to prevent homesteading of it. Your dictatorial judgement of what should be privatized would lead to malinvestment.

And it is perfectly legitimate for the owners to sell their "abondoned" property because it would prevent shortages and conflicts. If you force the owners to charge zero cost for "homesteading", many people would rush to the land and would stir up many fights. This is not "surplus value."

JonBostwick, you overgeneralize. You consider all non-tangible contracts to be illegitamate. If you pay someone to write a book or to make a computer program, are you not allowed to do that perfectly voluntary agreement? That is a comparative advantage. Time is precious.

You dictatorially arbitrary "define" what goods or services should be collectivized or not. There is no clear line between knowledge and tangible goods.

You are believing that the "rent" and the "use-value" of land to be costs arbitrarily determined by the owner. You are false. The "exchange value" of land is actually the cost of rent divided by the interest rate. So rent is perfectly justifiable, otherwise you have to buy the whole land without paying rent. (the "exchange value" is much greater than the "rent")

# re: Criminality, Consent, and Copyright

Wednesday, June 25, 2008 10:44 AM by sequitur

"The homesteading theory of property."

You misinterpret the homesteading theory of property. It is NOT applied to owners selling the land and "going to abondon it". It is applied to ALREADY abondoned property. There is a great difference between them. It does not say that you have no right to rent. It only considers already abondoned property or property colluded by capitalists and the state, which is legal to apply homesteading theory. However, voluntary rent and other non-feudal land claims cannot be homesteaded.

# re: Criminality, Consent, and Copyright

Wednesday, June 25, 2008 10:56 AM by Sequitur

That's why I hate left-libertarians.

# re: Criminality, Consent, and Copyright

Wednesday, June 25, 2008 6:42 PM by Bostwick

"You consider geography as something that is always privatized, and that private roads should be forced to be made collective property."

No I don't.

I was pointing the difference between a toll road and a highwayman, the difference being legitimate ownership.

# re: Criminality, Consent, and Copyright

Tuesday, July 08, 2008 4:54 AM by Jayel Aheram

@JonBostwick: You cannot argue with libertarians about intellectual property when you call it "property." They will instinctively leap to its defense. Call it for what it really is: government-granted monopoly on concepts.

@Carrie and Sequitur: The problem with so-called "intellectual property" is that it often infringes on other people's individual private property. According to the most extreme of copyright proponents (I call them copyfascists), the mere presence of their original content in your private property is forfeiture of your right to tinker and do what you want with that private property.

Under copyright, you do not own anything. A state-sanctioned entity does.