Semantics and IP Antics

Education, IP Law, Libertarian Theory
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One of the reasons why IP-abolitionists oppose “intellectual property” is because IP monopolies in effect boil down to a restriction on existent ownership rights. To this charge, a common retort heard even from libertarians, is that all property rights are not absolute (i.e. “you can’t shoot your gun wherever you choose”, “the right to swing your fist ends by my nose”, etc.) and so too IP laws can morally and thus justly restrict people from using certain configurations or arrangements of their already owned property.

It occurred to me that this is a mere semantic quibble. If we substitute the word “to” for the word “with”, we no longer have an equivalence between IP and those examples. For argument’s sake, we can even agree with the gist of those examples and suppose that an owner may not always have the right to do certain actions with his property but this wouldn’t contradict a fundamental right to do certain actions to his property, which is more precisely what anti-IP arguers hold.
This retort focuses solely on the restrictionist view in that it’s [morally] just to have laws that restrict existent property rights. But those examples are a flawed comparison to begin with; we would never hold that property rights to a gun would allow the violation of another persons’ property.
This is because ownership isn’t a bundle of certain permissible actions or rights, but rather the totality of  a “negative” quality– a restriction upon others from violating the owner’s right to control. In any given context, violations of property rights is what determines the impermissibility for any given action, not a deficiency in the ownership rights of the hypothetical gun or swinging-fist.

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Horwitz: Pausing to Note the Continued Upward Climb of Humanity

(Austrian) Economics, Business, Technology
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Nice post from Austrian economist (and fellow Rush fanatic) Steve Horwitz, on the Coordination Problem blog:

Pausing to Note the Continued Upward Climb of Humanity

Steven Horwitz

With a new study out today that provides evidence that those who approach their lives with a spirit of gratitude (when it’s deserved of course) to others score higher across a whole number of measures of well-being, it’s worth taking a moment for some “social gratitude.”

In a world of pepper-spraying cops, genital-groping TSA agents, and a debt-to-GDP ratio that’s topped 100 percent, it’s sometimes hard to find the good, but despite the ankle weights the state keeps attaching to us, humanity keeps running, moving ever upward.

In the long view, life expectancy continues to rise as do literacy rates.  Slavery is in long-run retreat and illegal in every country, and despite the apparent desire of US politicians of both parties to declare war on every small country in the mid-east, deaths from war continue to fall and violence in general continues its decline.  Every day the news is full of new secular miracles, from 3-D printers that can produce the head for Jeff Dunham’s new dummy to medical procedures that save lives that would have been lost even as recently as a few years ago.  The average American household continues to be able to afford fantastic toys that the rich of a generation ago could not have imagined, and poor Americans today are more likely to own basic necessities (not to mention “toys”) than was the average American household a generation ago.

And perhaps most important:  a diminishing percentage of humanity lives on less than $1 per day, and global income inequality is falling as well.

Even as freedom retreats in some quarters, the freedoms we have left continue to improve the lot of humanity in ways our ancestors could only dream of.  The sad part is that we continue to weight and shackle ourselves in ways that are slowing that progress from what it could have been.  We do so because too many are too skeptical about the benefits of freedom and those with power (or who want it) are all too willing to take advantage of that skepticism to serve their own interests, both political and corporate.

As we pause to recognize all we are grateful for today, let’s also re-commit ourselves to the task at hand, which is to understand the degree to which free people under the right institutions can maximize the degree of social cooperation, peace, and prosperity made possible by the progressive extension of the division of labor and exchange.  And let’s further re-commit ourselves to taking what we’ve learned and spreading it to the four corners of the Earth so that the cornucopia so many enjoy in the West can be the reality not just for every American, but for all of humanity.

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TLS Podcast Pick: The Last Day of the Soviet Union

History, Podcast Picks, Statism
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Recommended podcast:

  • The Last Day of the Soviet Union, KERA Think, Dec. 7, 2011 (“What events actually led to the 1991 dissolution of the U.S.S.R. and how did the bitter relationship between Mikhail Gorbachev and Boris Yeltsin contribute to the superpower’s demise? We’ll talk this hour with journalist Conor O’Clery, author of the book Moscow, December 25, 1991: The Last Day of the Soviet Union“). This podcast has become one of my favorites. I think Kris Boyd is the best interviewer I’ve ever heard. She is amazing. One riveting interview after another. Great voice, great tone, great questions, great topics, and very intelligent.

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Hoppe’s Argumentation Ethics and Kinsella’s Estoppel Discussed in Hebrew

Libertarian Theory
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Guy Kedem sent me a link to his article Dialogical Libertarianism: Ultimate Foundation of Ethics, which is a Hebrew-language discussion of Hoppe’s argumentation ethics and my estoppel theory of libertarian rights.

For more on argumentation ethics, see my “Argumentation Ethics and Liberty: A Concise Guide,” Mises Daily (May 27, 2011) (includes “Discourse Ethics and Liberty: A Skeletal Ebook”). For more on estoppel, see “Punishment and Proportionality: The Estoppel Approach,” Journal of Libertarian Studies 12:1 (Spring 1996): 51. Both approaches, and other, related theories, are discussed in my “New Rationalist Directions in Libertarian Rights Theory,” Journal of Libertarian Studies 12:2 (Fall 1996): 313-26.

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Read The Libertarian Standard in Google Currents

Admin Updates
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Google Currents is a just-released free news reader app for iOS and Android that is intended as a competitor for Flipboard and Yahoo! Livestand.

Once you have installed the app on your phone or tablet, you can add the Currents edition of TLS by navigating to this url in your browser:

http://www.google.com/producer/editions/CAowlJ0L/the_libertarian_standard.

If you haven’t installed the app already, you will be prompted and given options to do so.

Google already has “more than 150 publishing partners to offer full-length articles from more than 180 editions including CNET, AllThingsD, Forbes, Saveur, PBS, Huffington Post, Fast Company and more. Content is optimized for smartphones and tablets, allowing you to intuitively navigate between words, pictures and video on large and small screens alike, even if you’re offline.”

Find out more from the official announcement on the Google Mobile blog.

Here’s a video introduction:

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