For Freedom, or Against It?

Sunni's picture
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In his recent essay, The Pirates of Scandinavia, Per Bylund discusses recent developments in Sweden, and closes with an excellent observation [all links in original]:

In a recent raid against a Stockholm-based company Swedish government goons were explicitly (illegally) directed by representatives of the Hollywood guild, acting on the guild’s and US government’s mandate (official comments), ensuring everything on the premises was confiscated. Surveillance cameras, before being covered or destroyed by the government hat people and representatives of the guild, caught the anti-pirate mob on tape making sure no equipment was left behind. ....

Piracy, in this case, is simple sharing of information, often movies, music, or images, over computer networks. Such file-sharing violates copyright laws and such actions are thus claimed to be "theft" (even though nothing has been forcefully taken from the creator). A cartel of governments and mega-corporations are working to ban technology and the free exchange of information in order to protect the state-granted privilege of "intellectual property."

In a not too distant future this cartel is very likely to put an end to piracy and through it increase its own powers. Rights have never been a core concept in Swedish legislation, and the encumbrance the few existing rights are to the government in exercising its important authority needs to be done away with. As always, the "threat" of new technology is used to boost government power, and ordinary people are the ones who end up paying the bill.

So one better choose side; either you’re with the government or you’re against it. Pirate or civilian alike.

The attempts to muzzle information exchanges aren’t happening just in Sweden, of course; whether under the guise of “copyright/patent protection” or DRM, my guess is that any country that is sufficiently technologically advanced is wrangling with these issues. But I’m not so much interested in what governments are doing ... I am wondering what side various pro-freedom individuals will choose.

I was not at all surprised to learn that F. Paul Wilson supports the copyright system—after all, he is not an anarchist. Anyone who’s some minarchist variant can work a defense of copyrights and patents into his or her view of minimal government; and while I may not like that view, I have to admit that it is, at least, a logically consistent structure.

So here’s what gets me: I know of a few proclaimed anarchists who also support copyright and/or patent protectionism. And I simply cannot wrap my head around that mix—how can one claim to be against government in toto while supporting one of its most far-reaching, freedom-stifling tools? I’ve observed one or two such individuals lament digital rights management ... do they not see that DRM, copyright, and patents are all cut from the same cloth?

I would very much like to see a defense of this position by a pro-“intellectual property” anarchist. As Bylund points out, “either you’re with the government or you’re against it”. But I won’t be holding my breath for one.

IP is Impossible

I respectfully submit that in an anarchist society that not only would IP be wrong, it would be impossible. IP requires government force to back it up.

ISP's wouldn't, for instance, give up subscriber records without a government-backed warrant. Unless the RIAA types want to hire a private army like Blackwater and show themselves to be thugs. Oh, wait they already have done that, just using the cops to do their dirty work. At least then they would have to pay for the thugs themselves. They couldn't use my tax money to do it.

Sentiment is growing against the RIAA and the MPAA now, even with the 'legitimacy' of the government backing them up. Without that, they would be simply seen as thugs, and people would fight back. Some kicks down somebody's door in an anarchist society, and they are likely to be shot.

Market solutions

I've been wondering how private/market based solutions might be implimented to provide protection for producers of (currently) copyrighted works.

The production costs associated with creative works such as movies, music, written works etc. would be hard to justify if others could just take them and sell them without regard.

Perhaps technology, encryption etc., and contracts could fill the place of government enforcement. If the cost of distribution was low and the cost to market was also low enough, perhaps the end user would prefer to support the creators of content rather than go through the hassle of the pirated versions?

I don't think it's possible

Thanks for sharing your thoughts, W.D. Before I respond, I want to first reiterate one important distinction of the current discussion, as set out by Bylund, so that it’s clear why my remarks don’t address some of your comments: Piracy, in this case, is simple sharing of information ... .

I don’t think there’s any way to provide protection to creative works if the creator has shared them with another. Even if she were to share something with only one other person and he agreed to keep it private, whether it stays with him depends entirely upon how well he keeps his word. Some individuals are much better at that than others. “Pure” or “complete” protection seems to mean that no one but the creator would get to experience the fruits of her effort ... and I think every reasonable person would agree that that doesn’t sound like a satisfactory state. Thus, the question becomes one of how creators can profit more directly, and also just flat-out more, from their efforts.

I’d say it’s abundantly clear that middlemen (RIAA, MPAA, publishing houses) don’t have those goals at the top of their priority lists—they want to maximize their own profits, and control the geese that provide them.

Technology appears not to hold a solution either, because any robust tech solution is likely to be so stringent that it will interfere with valid uses of resources and/or bog down systems. That’s what’s going on with Vista. Besides, for any lock that’s made, a dozen people are busy fiddling with finding ways to defeat it.

Under a strict contract model, how would things like defining “sharing information” and accidental leakage be addressed? (Does my inspiration by something I read, and further development of a concept, constitute “sharing”, for example?) These issues could be addressed, but unless I’m missing something it could easily become so cumbersome as to stifle the exchange of information and ideas.

Production and distribution costs don’t need to be as high as they are currently; again, middlemen keep them artificially high in many cases, and add to them. Thus, I don’t see those as ongoing obstacles.

Personally, I’m intrigued by the idea of contracting for creative works, or a creator being sponsored by a patron, somewhat like during the Renaissance. Look at some of the wondrous things that emerged under those structures, and then reflect that a creator would have a lot more freedom these days to enter into such contracts—particularly since the geographical limitations of those days of yore are for almost all intents and purposes gone now. If I were to contract with Wise, Young and King to write a song for me, for example, and perform it live before an audience of our mutual choosing; and if they fulfilled their obligation satisfactorily, how would I subsequently be hurt if they then shared that music with others? Similarly, how would they be hurt if I took the bytes they delivered to me and gave them to some friends, saying, “Listen to this great music!” Seems to me that’d be free advertising for them. If DRM had existed hundreds of years ago, would we even know of Bach, Mozart, or Michelangelo? Our world today would be vastly bleaker if “information protection” had been a serious consideration then.

Last thought for now: I’ve only skimmed this essay so far, but I think Westley is hammering on the same fundamental point I’m working here.

Ahhh.. Pachelbel...

"Personally, I’m intrigued by the idea of contracting for creative works, or a creator being sponsored by a patron, somewhat like during the Renaissance. Look at some of the wondrous things that emerged under those structures, and then reflect that a creator would have a lot more freedom these days to enter into such contracts—particularly since the geographical limitations of those days of yore are for almost all intents and purposes gone now. If I were to contract with Wise, Young and King to write a song for me, for example, and perform it live before an audience of our mutual choosing; and if they fulfilled their obligation satisfactorily, how would I subsequently be hurt if they then shared that music with others? Similarly, how would they be hurt if I took the bytes they delivered to me and gave them to some friends, saying, “Listen to this great music!” Seems to me that’d be free advertising for them. If DRM had existed hundreds of years ago, would we even know of Bach, Mozart, or Michelangelo? Our world today would be vastly bleaker if “information protection” had been a serious consideration then."

Notwithstanding my own personal interests in part of your sentence above (hell, what fun that would be for me, getting a commission on promoting Wise Young and King!!) - I have to absolutely agree with you.

I wonder what the great composers of the past would have thought of today's IP policies.

I have this very silly dream -- of arranging for dinner to be cooked and served by a team of fine chefs, while sitting at a table with a very interesting and enjoyable woman, on a secluded bit of shoreline along the Antrim Coast in Northern Ireland - while the sea is doing it's thing, and as well as Chefs, a small orchestra nearby playing The Kanon, composed by Pachelbel.

I don't know for sure, but I'd hazard a guess that Pachelbel would be quite happy to know that his composition was something that reached down into what I consider my "soul" at times, and that he likely wouldn't demand I pay him every time I asked some group to play it for me, for my personal satisfaction and edification.

My guess could be wrong though. Maybe Pachelbel would want payment of some sort.

But, it is weird to me that nations that have copyright laws, also seem to generally have some sort of "expiry" date on the copyright, at which time the work becomes "public domain."

Can you think of any other property, where there is an expiry date on your "ownership" of it, and that after 75, or 90, or whatever number of years, your property is no longer "owned" by you or those you've willed it to and automatically is available to the public?

That in itself should provide some warning signs as to the silliness of the idea of IP.

For those that think IP is legitimate, tell me - who should I be "paying" for quoting from the Declaration of Arbroath?

If I hire a small orchestra to play for me, The Kanon, whom should I be paying, other than the musicians I've hired?

Student Of All, Disciple Of None
http://ianism.com

Excellent points on

Excellent points on expiration, and the arbitrary reasons that have been used to change an expiry date. Also, your dream doesn’t seem silly at all to me; rather, it sounds lovely, and I don’t know whether I’d be more honored if I were included in it as one of the “interesting and enjoyable women” or as one of the cooks! As long as I could enjoy the Pachelbel ...

Renaissance and patrons

mmm, I do like this idea!

I'll give it some more thought, although one implication I guess is what would separate a patron/creative artist relationship from a normal employer/employee one?

I'd like to discuss this further.

Libertarians Against IP

Sunni, Roderick Long and Stephen Kinsella have both written excellent arguments against IP:

Roderick Long, The Libertarian Case Against Intellectual Property Rights
http://libertariannation.org/a/f31l1.html

Stephen Kinsella, Against Intellectual Property(pdf)
http://www.mises.org/journals/jls/15_2/15_2_1.pdf

Another one that is worth reading is from one of the gurus of the free software movement, Richard Stallman: Why Software Should be Free
http://www.gnu.org/philosophy/shouldbefree.html

You might find them interesting.

Thanks

Thanks, Presto; I believe I’ve seen the first two, and have read some things about Stallman, rather than by him.

Stallman

Richard Stallman is one interesting dude, that's for sure! Some of his thoughts on some things are not agreeable to me - but I sure do admire him nonetheless. I'm not sure I've read the article Presto referenced but will put it on my "to read" list.

Even though I don't agree with all of Stallman's opinions, I have to say that he sure has been an inspiration to me at times.

Student Of All, Disciple Of None
http://ianism.com

Stallman

I don't agree with him all of the time either. I think that he is probably being too absolutist regarding GPL3. I'm with more in line with Linus Torvalds in practice, but with Stallman in principle. We cannot be so absolutist that people give up on Open Source/Free Software entirely. An anarchist, for example must use tax-financed roads even though they might be opposed to them in principle. Otherwise you'd be stuck in your house.

The paper I referenced is a good one, though.

A rub in Linux

You’ve hit on one of the rubs for me in using Linux: being “pure” and only using totally open source software, versus allowing some proprietary software (most notably some drivers we’ve been complaining about elsewhere). Trying to separate the pure from the impure is mighty difficult in practice ... and my primary goal is simply to get all the components of my machine working together for maximal performance; I’m not mucking about with wine, for example.

That said, we’re clearly in a transition phase right now, which is making things messy.

Drivers And Wine

I sometimes drink too much wine while installing drivers :P.

With regard to proprietary drivers, my thoughts, separate from the IP issues are that if I own a piece of equipment such as a wireless PCMCIA card, I have no problems using a linux utility which will assist in modifying the driver into a format that can be loaded and used by the linux kernel. I bought the piece of equipment; it's mine.

Regarding maximum performance and wine - I have software that I purchased prior to migrating to Linux, that was created for Windows. Interesting to me - many of those Windows programs run faster on Linux under wine than on a similar machine with the Windows OS.

God, I've become such a geek!

Student Of All, Disciple Of None
http://ianism.com