Creation and Labor as Sources of Property Rights and the Danger of Metaphors

(Austrian) Economics, IP Law, Libertarian Theory
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Canadian libertarian Michael McConkey has an interesting fictional exchange between himself and Socrates up at My Dinner with Socrates:

The other day I met this sandal-wearing, hipster dude who thought he had all the answers (and questions), but I set him straight when it came to the morality of the state. I thought you might enjoy reading a transcript of our dinner conversation.

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Here is an edited version of a note I sent him about this piece.

Not bad, but I think you go astray by saying creation is a source of ownership. It’s not. This is the mistake people make that leads them to support intellectual property. In fact the only source of ownership is homesteading or original appropriation: finding some unowned thing and appropriating it. And, this implies that there is a second way to own something: by contractual transfer of title from a previous owner. That is it.

It is true that you can create wealth or value by production. But this just means to transform (with creativity and labor) something you already own. To produce you have to already own the thing you rearrange.

Creation is a source of wealth. Not of ownership or property rights.

Likewise, your comment here:

We don’t just use up our life – perhaps we do that when we go for a hike, say – but property is an enduring embodiment of our life. The tomato I grow in my back yard, the book I write, the money I am paid by an employer for the productive work I provide, are all embodiments of my life. My finite time, energy and attention are literally embodied in these things and stuff: tomatoes, books, money, etc.

is imprecise and overly metaphorical. The use of “literally” is wrong. I know what you are getting at but this is not rigorous argument. If I steal from you the loaf of bread you have baked, it is wrong becuase it is your property (or more precisely, you have a property right in the loaf of bread). It’s only a metaphorical way of looking at it to say that I have stolen your “labor”. It’s just literally not true. You don’t own your labor; it is not “in” the bread. Labor is just a type of action. You don’t own your labor any more than you own your actions or your memories or your tendency to procrastinate.

For more on the creation stuff, see my Against Intellectual Property; also Locke on IP; Mises, Rothbard, and Rand on Creation, Production, and “Rearranging”; Libertarian Creationism; Rand on IP, Owning “Values”, and “Rearrangement Rights”; Locke, Smith, Marx and the Labor Theory of Value; this comment to “Trademark and Fraud”; Elaborations on Randian IP; Objectivists on IP.

For the danger of misuse of metaphors, see Thoughts on Intellectual Property, Scarcity, Labor-ownership, Metaphors, and Lockean Homesteading and On the Danger of Metaphors in Scientific Discourse.

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Free Book Chapter: Libertarianism Is Antiwar

The Basics, Uncategorized, War
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Another full chapter of Libertarianism Today is now online for free — this one on why libertarianism is antiwar. This is my favorite chapter of the book, so I’m especially glad I could make it available through Antiwar.com.

Other parts of the book you can read for free online:

And if you want to read the whole thing, it’s on sale at a special low price for a limited time.

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Top 10 Libertarian Books for Christmas 2011

Anti-Statism, Education, Non-Fiction Reviews
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Every year, I like to construct a list of some of the best books released in the past year and a few a others that are worth recommending at any time. Of course, this is my opinion, but if you’re looking for a gift for your libertarian loved one this Christmas season then perhaps you’ll give one of these books a go. So without further adieu, the Top 10 Libertarian Books for Christmas 2011!

It Is Dangerous to Be Right When Governments Is Wrong by Judge Andrew Napolitano1. It is Dangerous to Be Right When the Government is Wrong by Andrew Napolitano – The Judge, host of FreedomWatch on Fox Business, has put together an amazing book that analyzes a host of topics from the standpoint of natural law. I will be reviewing this book on my personal website soon but I’m going to say it now – you need to read this book. The data and stories he presents in the book make it easily worth every penny, and it deserves a prominent place on your (or anyone else’s) bookshelf.

2. Libertarianism Today by Jacob Huebert – This book was on the list last year, but it warrants another mention because you can get it at a significantly reduced price by purchasing directly from the publisher. Huebert’s book is definitely a must-read, and is one of the best recent books on hardcore libertarianism in the past few years. LRC writer Laurence Vance has called it, “The best introduction to libertarianism on the market.”

3. Bourbon for Breakfast and It’s a Jetsons World by Jeffrey Tucker – Check out this review of Bourbon for Breakfast, and you’ll see that it is a super read for anyone looking to circumvent statist restrictions upon their lives. Tucker’s followup work tells exciting stories of the little everyday miracles of the free market at work.

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Poli Sci 101, My Ass

Democracy, The Basics, The Left, Vulgar Politics
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Roger Ebert gives his two cents (for what that’s worth these days; thanks Fed!) on the Occupy Wall Street movement, if you care to subject yourself to the inane political views of a mainstream-leftist movie reviewer. What I found interesting was the comic at the end of his article:

Poli Sci 101

I have a PhD in political science, and I can tell you it doesn’t take passing Poli Sci 101 to realize that electoral politics is no way to bring about radical change.

One would think the left-liberals in this country would understand that better than most. Obama was their great Hope-and-Change candidate, an alleged outsider destined to change the way corrupt Washington works, and look how he turned out: Bush 2.0. But I guess the memories of unthinking, incorrigible statists are short — extremely short. Their great self-delusion: If only we can get the right people into power…

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Carrier IQ’s attempt to employ copyright censorship backfires

Business, IP Law, Podcasts, Technology
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As discussed in the Techcrunch post Android Researcher Hit With C&D After Dissecting Monitoring Software, Android security researcher Trevor Eckhart posted about the mobile tracking software from a company called Carrier IQ. As explained in the Techcrunch post:

Carrier IQ pitches themselves as the “leading provider of mobile service intelligence solutions,” and provides their services to a number of players in the mobile space. The company’s main U.S. carrier partner is Sprint, and Eckhart claims that their tracking software appears on Android devices from HTC and Samsung among others.

According to Eckhart’s research, Carrier IQ is capable of monitoring everything from where the phone is to what apps are installed, and even which keys are being pressed. Carrier IQ says that the information is collected to give carriers insight into how the mobile use experience can be improved. It sounds like a noble enough goal, except Eckhart found that the software could run without the user’s knowledge or consent as was the case with the HTC phones he tested.

Carrier IQ’s general counsel then fired off a vicious cease-and-desist letter [PDF] against Eckhart, “claiming that he committed copyright infringement by reproducing some of the company’s training materials in his post and that he made ‘false allegations’ about the nature of their software.” In other words, Carrier IQ was trying to squelch criticism of it by using copyright law to censor its critic. These tactics are one reason I not only despise copyright, but that I have begun to really detest what the legal profession has become: a bunch of arrogant bullies. The C&D letter is outrageous: it gave Eckhart two days to commit to all kinds of groveling, making a public apology, replacing his original blog post with one written by Carrier IQ, and so on. While threatening him with tens of thousands of dollars of damages, if not more, with some dubious claims, as discussed in a recent episode of This Week in Law. For example, according to some of the legal pundits on TWiL, the statutory damages and attorneys’ fees threatened are available only for a registered copyright work, and the material in question did not appear to have been registered. Further, Ekhard would probably have a fair use defense (as the Electronic Frontier Foundation (EFF) argues as well).

In any case, after its threats was noticed and blogged and tweeted about on the Internet, and after Eckhart bravely contacted the EFF for help instead of backing down, Carrier IQ realized what a PR disaster its threats had created, and their CEO retracted their C&D and publicly apologized to the developer. (See Techcrunch’s post Carrier IQ Retracts Their C&D, Apologizes To The Android Researcher They Hassled.) From the release:

As, of today, we are withdrawing our cease and desist letter to Mr. Trevor Eckhart. We have reached out to Mr. Eckhart and the Electronic Frontier Foundation (EFF) to apologize. Our action was misguided and we are deeply sorry for any concern or trouble that our letter may have caused Mr. Eckhart. We sincerely appreciate and respect EFF’s work on his behalf, and share their commitment to protecting free speech in a rapidly changing technological world.

The full text of the release is below. The EFF was truly heroic here (see Eckhart’s post Why I love the EFF; and EFF’s post Carrier IQ Tries to Censor Research With Baseless Legal Threat).

[c4sif]

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