Czech Mate on Intellectual Property

IP Law
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My monograph Against Intellectual Property, already translated into six other languages,1 is coming out in Czech (English version), by Mises.cz. Apparently the book will officially be launched at their Christmas libertarian meeting (hey, why don’t we have those over in America? sounds cool). Only libertarians could plan to celebrate a book about intellectual property at a Christmas party. Gotta love ’em.

Anyhoo, now my stuff is in 11 languages other than English. Kinda cool for a boy from Galvez, Louisiana. Actually, I visited Praha (Prague) while doing the backpacking thing in law school in 1990 or so, and my brother lived there for several years–once when I visited him in 1999, I was invited to give a speech (on Crime, Punishment and Restitution) at the Liberální institut by Josef Šíma, now of the Prague University of Economics and now also on the Editorial Board of my journal Libertarian Papers. So it’s nice to have my monograph coming out in Czech.

[C4SIF]


  1. Georgian, German, Italian, Polish, Portugese, Spanish. 

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Rip Immunity Away from D.A.s and Law Enforcement

Legal System, Police Statism
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What happens to a justice system when it grants legal immunity to those in power for their malicious acts toward the innocent and vulnerable? A 6-year-old boy is charged with first-degree sexual assault for playing doctor with friends; the Class B felony can be punished by up to 60 years imprisonment.

PLAYING DOCTOR BECOMES A FELONY

Last fall, a six-year-old Wisconsin boy played doctor with another boy and girl, both of whom were 5. Depending on whose story is credited, some touching of the girl’s bare buttocks occurred and/or a finger was inserted into the girl’s anus. (The girl denied the penetration to police.)

On November 15, 2011, the parents of the boy filed a federal lawsuit against Wisconsin’s Grant County district attorney, a social worker and a now-retired Sheriff’s Office investigator. The reason? The boy, who is now merely known as “D”, was charged with first-degree sexual assault. He has been so vigorously pursued by Grant County officials that D’s attorney Christopher Cooper states, “I think his life has been ruined, and I think it’s been ruined by reckless conduct by the defendants without any regard for the little boy and his future.”

At 7 years old, D cannot currently be prosecuted or even named in court records. But the parents accuse county officials of using threats to force them to sign a Consent decree (a blanket permission to deal with their son). They claim officials harangued them and D to admit his guilt and to have him receive social and protective services. If a confession was not produced, then the parents were told that D could be listed as a sex offender when he turned 18. That would label him a second-class citizen, both legally and in life’s important opportunities such as career, education, and residency.

If accurate, the parents’ lawsuit reveals a tale of arrogant power, political favors, malice, and utter disregard for a child’s welfare. …

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Recessions are Dangerous

Business Cycles, Statism
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The problem FDR faced in 1938 was not all that different from that faced by President Obama and the Congress today. The bad economic times stretch on and on, and there is open talk of high unemployment as far as the eye can see. After years of claiming to see “green shoots,” officials are downplaying the chance of substantial economic recovery.

And it’s not just in the U.S.; the problem exist in Europe too, where there is a widespread belief that the European Union, as symbolized by Euro, cannot last. The OECD just predicted a double dip recession pending in the UK.

At the midpoint of Roosevelt’s second term in office, a profound fear gripped the White House that there was no real answer to the depression that seemed to continue on and on. Every respite was followed by yet another plunge in productivity, and clearly unemployment would not improve. Unemployment was 18%, which was higher than two years earlier. (Note that the broadest measure of U.S. employment today is 17+%.)

It is a documented fact that his advisers were the first to draw his attention to the possibility of stoking international problems involving the far East. Japan was the target and a series of embargoes, demands, sanctions, and diplomatic moves reinforced that the point of inspiring a massive movement in the U.S. to push for peace.

Responsible writers at the time drew attention to the plot and speculated about what was really going on. The history of the journalism of this entire period came to be buried in the ash heap of history following the Second World War. But it remains a fact that historians cannot and do not deny: FDR saw advantages in war and dearly wanted the U.S. involved – and that is true regardless of whether you believe that Pearl Harbor constituted his “back door to the war.” …

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The illusion of American moral authority

Imperialism, War
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Barack ObamaLast March, Anthony Gregory questioned if Barack Obama was already a worse president than George W. Bush, noting a long list of dubious accomplishments during Bush’s eight-year tenure.  Prior to his election Obama was highly critical of Bush’s policy on torture and the holding of suspected terrorists indefinitely at Guantanamo Bay without trial.  And one of Obama’s first acts after being sworn in as President was also one of his most dramatic: he signed an executive order banning torture and ordering the closure of Gitmo by 2010.  It was hailed as a bold move to restore the country’s shattered image overseas and bring its prosecution of the war on terror in line with its values on respecting human rights.

What a difference a thousand days as Leader of the Free World makes.

During that time Obama has ordered the killing of an American citizen in Yemen, without due process, based on his alleged association with al-Qaeda.  And in March he made an about-face on his promise to close Gitmo, instead reinstating the military tribunals and continuing Bush’s policy of detaining suspects without trial since they “in effect, remain at war with the United States.”

Now the Senate has granted Obama even greater discretion in arresting and indefinitely holding anyone – even U. S. citizens, despite itsGuantanamo Bay prisoners supporters’ claims to the contrary – suspected of terrorist activity, in approving a defense appropriation bill for 2012 that essentially expands the battlefield for the war on terror to anywhere on the planet, including U. S. soil.  (The Senate rejected an amendment sponsored by Colorado Democrat Mark Udall and Kentucky Republican Rand Paul that would have stripped out the authorization for indefinite detention of terrorism suspects.)  It is an unprecedented expansion of power for a president who campaigned on a promise to restore the country’s “moral authority.”  Yet Obama is simply another in a long line of politicians making promises that could never be kept: it is impossible to regain a moral authority the American empire has never possessed.

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“I don’t agree with his theories”

Anti-Statism, Libertarian Theory, The Basics, Uncategorized, Vulgar Politics
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Not long ago when we had friends and family over it came up that I was a political “atheist,” someone who opposed the existence of the state and wished for political power and authority to disappear so that the prosperity of the market can bring us ever higher standards of living. “I don’t agree with his theories” a family member said. Fine. This is to be expected. After all, the radical libertarian anarchist view is an extreme minority opinion. Yet the vast majority of people with whom we interact are clueless and wobbly on their own views.

At first the statist position seems to be coherent: the power of the many to benefit the few, the respect for the government, the love for law and order, the supremacy of democracy–essentially a rehash of the status quo becomes mainstream reply. Still, one must ask: what, then, dear vulgar citizen, is your hopefully coherent theory? It would necessarily have to be one that allows more or less the same things that exist now because the vast majority of folks though they complain about the details of the political establishment they don’t oppose the basics. For example, in my encounter with left-liberals I find it particularly interesting that often the primacy of democracy is seen as a goal but other times it is a means. Or when the same folks complain when people vote “the wrong way.” Over the last few years the issue of homosexual marriage has come up for vote. If the vote fails, does this mean that democracy has failed? Rarely (or, at worst, barely–there is still support for that institution). What if the courts fail to recognize that issue as a right? Should courts be abolished? Nah, they will say–more political action and education is needed, or reform the court. Most of the remedial proposals have to do with changing not the underlying system (the one that nonetheless perpetually frustrates everyone) but to change everyone and everything else.

Legislative matters like gay marriage is just one issue. Going deeper, things become even messier. How does one measure the value of the good that a piece of legislation imparts on society? What if that good is a bad for some? What if the good is not as good for everyone to the same extent? What if people change their minds? What if they change their minds right after an election? Were it subject to quantification, what if one person has 100 units of displeasure and 99 people have one unit of pleasure each? How can we measure the greater good? What is “the” good? These might seem contrived questions, and yet they are the core of it all. Not only is the mainstreamer advocating and justifying the existing system in a vulgar, offhanded, manner but also insisting that the social and economic calculations necessary to bring about general prosperity can be performed. And regardless of whether such a calculation is possible, the fact that the advocate of the existing system so vehemently opposes the libertarian view while barely offering a sensible grounding shows intellectual laziness. It is the equivalent of saying “this is what exists, therefore it is what should exist.” As the saying goes, LOLWUT!?

I am reminded of what Murray Rothbard once said: “It is no crime to be ignorant of economics, which is, after all, a specialized discipline and one that most people consider to be a ‘dismal science.’ But it is totally irresponsible to have a loud and vociferous opinion on economic subjects while remaining in this state of ignorance.” In my opinion Rothbard’s sentiment applies to politics as well.

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