Abbie Hoffman’s 1996 best-seller, Steal This Book, was meant as a practical guide for aspiring hippies,
filled with ideas for getting something for nothing. It became a cult classic
with over 200,000 copies sold. Now they won’t have to take the risk and steal copies.
Google will do it for them.
Last Saturday (Jan 20) the Unbound conference at the New
York Public Library, Google and the publishing world faced off over Google Book
Search, the search-engine giant’s project to digitize and make available online
the entire contents of the world’s great libraries. Google would like make it
available to the world free, for the good of all mankind. Publishers aren’t
enthusiastic.
Publishers of music and movies are also battling to keep
their copyrighted works from being copied by Napster lookalikes. Nor is the
software industry safe—software programs have been a juicy target for copying
without the owners permission.
Now, why should you or I be concerned about the subtleties
of copyright or patent law? Because this issue goes to the very nucleus of the
human struggle. All conflict is a
conflict over property. Here at The Sovereign Society, our goal is to help our
members become sovereign individuals, and sovereignty means control over our
own property. The goal can’t be achieved if we don’t agree on what is property
and what isn’t.
Ideas are property
In a recent essay published in the Sovereign Society’s
Offshore A-Letter, I argued that ideas are property when I discussed a software
program created by someone called “muslix64” that allowed individuals to copy
DVDs.
“Are ideas property? The core confusion in such issues is
the lack of a precise definition of 'property.' The most
useful, precise, and scientific definition I've come across is that created by
the late Andrew Galambos. He defined property as
"Man's life and all non-procreative derivatives thereof." He then
went on to divide property into the sub-categories of
primordial property (your body and mind), primary
property (your ideas), and secondary property
(the tangible things you create using your primordial and primary
property). If we then agree that theft or stealing is the
taking of another person's property without that person's
freely-given consent, certainly muslix64 is facilitating and encouraging
stealing.”
A thoughtful and knowledgeable reader, TD, responded as follows:
Dear Mr.
Pugsley:
I am not a
socialist but I think it fair to point out both Adam Smith and Henry George
seem to have had reservations about intellectual property rights. Patents
are after all “patents of monopoly”.
How often have patent holders tried to blackmail or bludgeon rivals?
In a free
society, why shouldn’t A be able to copy what B has done?
After all,
the US copied from Britain and Japan copied from the US when it came to their industrial
revolutions. By the way, I recall reading most inventors opposed the
1850s introduction of British industrial property laws.
To take it
to a logical extreme why should we be paying IP royalties to Isaac Newton’s
heirs? And why should we be paying for IP to some editor of Mozart while
Mozart (who wrote the actual music) rots in his pauper’s grave?
Intellectual property is one of modern society’s great
conundrums. Should ideas be protected? And what of monopoly? Is it right or wrong?
Or is it right in some cases and wrong in others? And who should be the judge?
As TD noted, brilliant philosophers have pondered the issues of intellectual property. Even the greatest philosophers may not have found the truth. Nor does the fact that it has been common in history necessarily argue for the abolition of intellectual property rights.
A major source of the confusion over the issue of property,
and especially intellectual property, comes from the fact that most people instinctively look at the issue in terms
of what feels “right” and “wrong”, or “moral” and “immoral.”
What is “right”? What is “wrong”? People vehemently disagree
on what these terms mean. They are intertwined with religious and political
ideologies, so what any individual might mean by them depends on his or her
religion or political persuasion. It’s wrong to kill someone in some cases, and
right in others, etc.. I think the most useful definition of "right" would have to connect it to an objective. Something would be right if it led to the goal, and wrong if it diminished the chance of achieving a goal.
Consider the general but fuzzy belief that “monopoly” is
wrong. Although most go along with giving the state monopoly powr on all sorts of things, like money, the use of force, etc. The dictionary generally defines monopoly as “exclusive possession or control” of something. Is it
‘wrong’ to have exclusive use and control of your body? Of your time? Of your
automobile? Most of us don't think it's wrong. Only pure communists would argue that, no, any monopoly on anything is
wrong. They would contend that you should not have a monopoly on your body, your time, or the things
you create. But if a more bountiful world is the goal, then communism has proven itself to be wrong.
Why does a sovereign individual disagree with the concept that monopoly is wrong? Because of what we know about human nature. All life struggles to survive, find comfort, and procreate, and these drives cause humans to act. We are willing to expend effort to work to create food, shelter, clothing,
and luxuries. We work to acquire property because we are motivated by our individual self interest.
History has consistently demonstrated that individuals are
happier and more prosperous when they control their property. To the extent control is taken from them by force, effort
slows, discontent increases, and prosperity declines. If the desired goal is
abundance, i.e., a higher standard of living for all, then it is ‘right’ that
individuals have a monopoly on their bodies, as well as the things they’ve
earned, created, or been gifted. In short, to achieve a higher standard of
living, individuals should have a monopoly on their own property. now let's use examples to contrast different types of property.
Suppose you’ve built a house, and offer to rent the house under certain conditions, say for a fixed period of time, with the
stipulation that the renter could continue to use it if they didn’t damage it, paid
the rent on time, didn’t remodel it, etc.? In other words, if it is your
property, should you be able to set any terms on the rental that you
choose, and be able to refuse to rent it to anyone who wouldn’t agree to
your terms? Or, should someone be able to come to you and agree to half your
conditions, but refuse the rest, and if you didn’t agree, they could force you
at gunpoint to rent it to them? Isn't this what happens under rent controls? And under those conditions, what happens to the supply of rentals?
Suppose you have great skills as a mechanic which you’ve
developed over many years. You to offer to work for someone if they agree to
certain conditions of pay, hours, etc. Would it be right or wrong for someone
who needs your skills to refuse your conditions but force you at gunpoint to
work for them anyway? Isn’t that the definition of slavery? How well has slavery worked over the centuries?
If ideas are property, then wouldn’t the same reasoning
apply?
Suppose you have an idea for a breakthrough technology, you
studied a problem for years, worked in your lab for endless nights, and
conceive a great invention. It will bring great pleasure to everyone who uses
it. It is in your mind, and you haven’t disclosed it. Would it be unjust for
you set the terms under which you
would disclose the invention? Would you be justified in telling someone who wanted it that you'll disclose it only if they agree not to disclose the plans to anyone
else, and set the amount of time they can use it, and set the royalty they must pay?
Should you be able to set contractual terms, or should someone be able to force you at
gunpoint to disclose your idea under their terms? Wouldn’t that be slavery, as
well? If the supply of anything is reduced when the producers are enslaved, what effect does slavery have on the supply of ideas?
I postulated that the question of whether something is right
or wrong depends on whether it leads to the desired goal. Should you own and
control your body, or is it the property of someone else…or the group…or the
government? Remember, history has demonstrated that physical slavery doesn’t function as
well as a free market. We produce more by being rewarded, than by being punished. Should you own your physical possessions, or should
someone else…the group…or the government? History has demonstrated that common
ownership doesn’t work. Why work hard if everyone owns what you produce? Should you own your thoughts and ideas, or should those
be the property of someone else…the group…or the government? Ah, that's the question.
The principle of freedom is based on human nature.
Individual effort is directly proportional to the reward individuals receive
for their efforts. Thinking is the hardest work of all. It is intellectual
creativity (the result of thinking) that is responsible for the inventions and ideas that make our lives
comfortable and safe. The most important property of all is intellectual
property, for it is the source of all other property. This leads to the conclusion that mankind's efforts should be directed to encouraging its growth.
TD asked, “In a free society, why shouldn’t A be able to copy what B has done?” A society in which I can take your property without your permission is not a free
society.
And, he raised the important question, “why should we be paying IP royalties to Isaac Newton’s heirs? And
why should we be paying for IP to some editor of Mozart while Mozart (who wrote
the actual music) rots in his pauper’s grave?”
When innovators are rewarded in
proportion to the benefits humanity has received from their innovations, the
riches that are generated will encourage more innovators to creativity. Profits spur competition. How
much better to see our youth attracted by the dream of getting rich through
innovation, rather than being awestruck by the power and wealth that they see
in some other endeavor, say being a rock star, or the worst of all, becoming a politician.
If
individuals are truly sovereign, that is if they have control of their
property, they can do with it as they please. In truth, as their wealth
increases, most will not leave it all to their children, for they won’t want to
destroy their own children’s incentive to become productive. Wise individuals do not spoil their offspring. Unlike the
plundering monarchs and dictators of past and current history who use their wealth to build pyramids and monuments, great
innovators who have accumulated fortunes then endowed institutions, libraries, and left
their fortunes in trust for the benefit of all. Most innovators truly want a
better world. The recent endowments of Mr. Gates and Mr. Buffett are cases in
point.
For 10,000
years, mankind has lived in semi-bondage. Civilization has been dominated by
sovereign states and governments. A world of true freedom, that is, a world in
which individuals are sovereign over all of their property, and particularly
over their intellectual property, will be a world far richer than we can
conceive. That is the reason ideas should be protected.