Stop the ACTA (Anti-Counterfeiting Trade Agreement)

IP Law, Mercantilism, Protectionism
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I blogged a year ago about the “Secret intellectual property treaty [that] could profoundly change life on the Internet.” At the time, the text was still secret but it was believed that the treaty: “seeks to set forth standards for enforcing cases of alleged copyright and patent infringement.” Now, as Cory Doctorow notes in How ACTA will change the world’s internet laws, the text has been leaked. This thing is bad. America and the west have long tried to extend the reach of their mercantalist IP laws — they use the WTO to twist the arms of other countries, etc. (see, e.g., my previous posts Hatch’s “International IP Piracy Priority Watch List”; IP Imperialism (Russia, Intellectual Property , and the WTO); Russian Free Trade and Patents; Bush Wants More Jailed Citizens in Russia and China; China, India like US Patent Reform).

The ACTA is also similar to another arcane law, the Digital Millennium Copyright Act (DMCA), which, under the guise of protecting “property rights,” snuck in provisions that criminalize even the mere possession of technology that can be used to circumvent digital protection systems (see, e.g., my post TI Uses Copyright Law to Attack TI Calculator Enthusiasts). Likewise, under the guise or protecting property rights in inventions and artistic works (patent and copyright), it “seeks to provide legal authority for the surveillance of Internet file transfers and searches of personal property”. As one group notes, “ACTA goes way, way beyond the TRIPS (the copyright/patent/trademark stuff in the World Trade Organization agreement), creating an entirely new realm of liability for people who provide services on the net”. More invasion of personal liberty and property rights in the name of false, artificial property rights.

So the ACTA is like a hybrid of previous efforts: it is as abusive and insidious as the DMCA, and covers patents as well as copyrights. And it will apply worldwide. This is culmination of America’s efforts use of the WTO to extend western style IP rights worldwide. As Doctorow notes, this is “a radical rewriting of the world’s Internet laws, taking place in secret, without public input. Public input? Hell, even Members of Parliament and Congressmembers don’t get a say in this. The Obama administration’s trade rep says that the US will sign onto ACTA without Congressional debate, under an administrative decree.”

For detailed comments on the ACTA, please see the following report:

James Love, Comments on ACTA Provisions on Injunctions and Damages (pdf), KEI Research Note (Knowledge Ecology International, April 6, 2010).

[cross-posted at Mises blog]

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Left and Right and Wrong

The Left, The Right, Vulgar Politics
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I hate the terms “left” and “right” as indicators of ideological opinion. What “left” and “right” means is based on a person facing a particular direction. Change direction, the cognitive content of “left” and “right” must change. The continued use of the terms as permanent and significant markers of ideas and norms and the like cannot help but be idiotic.

Smart people should stop using them.

And yet, I use them. We all do. They are so ingrained in our political mindsets.

Libertarians, especially, should disassociate themselves from the terms, since there’s so much libertarians have to disagree with others on the alleged left and the alleged right. But, aside from not easily fitting in either category, it’s worth asking what permanent attitudes or ideas are traditionally associated with the “right” and the “left.”

I tend to repeat one idea, over and over: The left, generally, wants freedom without responsibility; the right, generally, wants responsibility without freedom. Like all generalizations, it falls apart on case by case examples, but damn the outliers, there does seem a pattern here.

It applies on issues of sexual conduct, surely. The leftists I know want and demand the right to engage in sexual play with anyone they can find to reciprocate. But the consequences of varied partnerships? Disease is one. And the expenses of treating AIDS, for instance — which often cost vast fortunes for every patient — are usually paid for by government, in this country. So, no individual responsibility there. It’s been socialized, the burden taken up by society, through the tax-and-spend system of the state.

Similarly, the leftists I know insist that taxpayers fund every woman who gives birth, if she has no income or savings to handle her responsibilities. And leftists notoriously demand a right to abortion. That’s a tidy way to clean up after one messy result of sexual play.

On the right, though, there’s a strong disgust at abortion, where abortion tends to be seen as irresponsibility incarnate. Further, there’s some resistance to taxpayer funding of social diseases. Mostly, though, you can feel the frustration, the desire (often now no longer expressed) to forbid people from having sexual freedom. Just say “no” and abstinence before marriage, etc., are still actually trotted out, among right-wingers.

This attitude may flip, though, regarding the financial risks taken by entrepreneurs and professionals. On the left, freedom of enterprise and trade no longer plays much a role, but regulation does. Freedom, no; responsibility, yes. On the right, regulations still receive some lip-service opposition, but one function of the Republican Party does seem to be to make sure that fat cats receive bailouts when they fail. Freedom to risk other people’s money? Yes. That’s a rightist position. Responsibility to bear the full cost of that? Not so much.

So, even my nifty little formula flipflops. Freedom and responsibility? That’s a minority position. That’s the libertarian position. That’s the position that makes sense.

But it’s no way to get re-elected. What do you trade? Stick to principle, stick to the ideal compromise position, and no other compromises are necessary. Social Statics: The still point in the turning world. Liberty. But politics is political process. Dynamism in the state. And it must not tolerate a principled stance against the push and pull of interest against interest.

This seems to be the general play of left and right, today. Leftists and rightists bid for competing trade-offs in liberties and responsibilities. At any given time it’s easy to distinguish one from another, but there are no sure, lasting principles, no element of constancy.

So, left and right must be context-dependent terms. They are useful designators in any given context.

But if you meet someone who insists that the terms mark something important, some lasting truth, you’ve probably met someone who resists reality in some fundamental way. For the reality of politics is that everything’s up for grabs.

Including “left” and “right.”

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Juche Eye for the Bourgeois Guy

Humor, Totalitarianism
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Kim Jong-ilKim Jong-il: tinpot dictator, heavy drinker, heir to the world’s most dysfunctional personality cult (only in North Korea could you be second-in-command to a dead guy)…fashion trend-setter?

Uriminzokkiri, quoting an article in communist party newspaper Rodong Sinmun, said the modest-looking suits have gripped people’s imagination and become a global vogue.

“The reason is that the august image of the Great General, who is always wearing the modest suit while working, leaves a deep impression on people’s mind in the world,” it said.

“To sum it up, that is because his image as a great man is so outstanding.”

The article quoted an unidentified French fashion expert as saying world fashion follows Kim Jong-Il’s style.

“Kim Jong-Il mode which is now spreading expeditiously worldwide is something unprecedented in the world’s history,” the stylist was quoted as saying.

Jong-il mode!  I hope it’s nothing like Depeche Mode, ’cause those guys are like so 1987.  But when all you’ve got going for you are the world’s fifth-largest army, near-constant power blackouts, and public executions, I guess you need some accomplishment to distinguish you from other Communist dictators.  (After all, the Castros have cigars, and tobacco doesn’t grow worth spit in the DPRK, along with most other crops.)  So get that fashion juche flowing!

Tips on how you, too, can dress like Dear Leader (don’t forget the lifts).  Juche explained here.

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Krugman, Keynes, and the Uncited Austrians

Business Cycles
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Apparently, Paul Krugman has never read the work of Ludwig von Mises and F.A. Hayek. Chortling on The New York Times blog, he yammers away in this manner:

Many of the comments to my Austrian economics post are of the form “Well, of course employment rises when investment is expanding, and falls when the investment is falling — in the first case the economy is booming while in the second it’s slumping.”

As I tried to explain, however, that’s assuming the conclusion; there’s no “of course” about it. Why do periods when the economy is investing more correspond to booms, while periods when it’s investing less correspond to slumps? That’s easy to understand in Keynesian terms — but the whole Austrian claim is that they’re an alternative to Keynesianism. Yet I have never seen a clear explanation of this central point.

There are books that deal with this by Hayek, Mises and others. Why doesn’t Krugman reference them, rather than drone on about the quality (or lack thereof) of his blog commenters?

I could, at this point, dredge up those Hayekian and Misesian pearls. But, for the moment, I feel challenged by Krugman’s apparent requirement that bloggers spin this stuff anew, so I’ll give my shot at an answer to his challenge, without referencing any of the Austrian classics. They are there for all to read. But it’s always a good experiment to see how one thinks through this on one’s feet.

Problem is, Krugman’s challenge seems fairly obvious. I need a handicap. So I’ve downed three shots of anisette, and am on my fourth. Can I answer Krugman drunk?

I think so.

Reading his post, I see that the question should be reformulated: Why is it when investment picks up, so does employment? …

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Net Neutrality Developments

Mercantilism, Protectionism, Technology
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net neutrality pictureIn recent years the “Net Neutrality” movement has gained steam. This is an effort by various statists, interventionists, do-gooders, meddlers, and techno-ignoramuses who seek to have the government forbid network providers (e.g. cable companies, telcos, and wireless carriers) from selectively blocking certain types of Internet use–for example, to require companies to give Web users equal access to all content, even if some of that content is clogging the network. Of course, as I noted on A Libertarian Take on Net Neutrality, the network neutrality movement is unlibertarian. There is nothing wrong with price discrimination or with charging different prices for different levels of service. As some anti-corporatist types are only too eager to point out, without state intervention the major telcos might well not have as much monopolistic power as they currently do. But it doesn’t make much sense to urge that the state engage in further intervention to fix the problem of previous state intervention. It is state intervention that is the problem.

In the latest development on this front, as reported in U.S. Court Curbs F.C.C. Authority on Web Traffic, cable company Comcast Corporation had challenged the F.C.C.’s authority to impose Net Neutrality rules. Last week, a federal appeals court ruled in Comcast’s favor, holding that F.C.C. regulators have limited power over Web traffic. As the article notes, “The decision will allow Internet service companies to block or slow specific sites and charge video sites like YouTube to deliver their content faster to users.”

Libertarians should not leap for joy, however. The court merely held that current federal statutes do not happen to give the F.C.C. quite enough authority to regulate Internet companies in this manner. They didn’t say it would be unconstitutional or even unwise. So all Congress has to do is pass a law. And they’re good at doing that.

Update: See my posts Kinsella on This Week in Law discussing IP, Net NeutralityAgainst Net Neutrality; and Fernando Herrera-Gonzales’s articles Net Neutrality: Unwarranted Intervention and Opening the Internet — with an Axe.

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