Czech Mate on Intellectual Property

IP Law
Share

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. ↩

Czech Mate on Intellectual Property Read Post »

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

Legal System, Police Statism
Share

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. …

Rip Immunity Away from D.A.s and Law Enforcement Read Post »

Recessions are Dangerous

Business Cycles, Statism
Share

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.” …

Recessions are Dangerous Read Post »

The illusion of American moral authority

Imperialism, War
Share

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.

The illusion of American moral authority Read Post »

Spooner the Entrepreneur

Anti-Statism, History
Share

(I’m reposting this from Whiskey&Gunpowder because it is of particular libertarian interest)

How much more ridiculous can the US Postal Service get? This you will not believe. It has embarked on a public relations campaign to get people to stop sending so much email and start licking more stamps. This is how it is dealing with its $10 billion loss last year. Meanwhile, rather than offering better service, it is cutting back ever more, which can only guarantee that the mails will get worse than they already are.

It’s true that mail still has a place in the digital world, as the post office says. But the government shouldn’t be the institution to run it. It already has competitors in package delivery but the government stands firmly against letting any private company deliver something like first class mail. And so it has been since the beginning. The state and only the state is permitted to charge people for non-urgent paper mail in a letter envelop.

It’s a control thing. The government is into that. And it is far from new.

Do you know the amazing story of Lysander Spooner? He lived from 1808 to 1887. His first great battle was taking on the post office monopoly. In the 1840s, he was like most people at the time: fed up with the high prices and bad service. But as an intellectual and entrepreneur, he decided to do something about it. He started the American Letter Mail Company, and his letter business gave the government some serious competition.

It opened offices in major cities, organized a network of steamships and railroads, and hired people to get the mail to where it needed to be. His service was both faster and cheaper than the government’s own. Then he published a pamphlet to fight the power: “The Unconstitutionality of the Laws of Congress Prohibiting Private Mails.” It was brilliant. It rallied people to his side. And he made a profit.

The government hated him and his company and began to litigate against him. It dramatically lowered the price for its services, and used public money to cover its losses. The goal was to bankrupt Spooner, and it eventually succeeded. Spooner’s private postal system had to be shut down. It’s the same way the government today shuts down private schools, private currencies, private security, private roads, private companies that ignore the central plan, and anyone else who stands up for freedom.

From this one anecdote alone, you can see that the post office is hardly a “natural monopoly” — something the government has to provide because free enterprise can’t do so. It is a forced monopoly, one kept alive solely through laws and subsidies. If the post office closed its doors today, there would be 1000 companies rushing in to fill the gap. Just as in the 1840s, the results would be cheaper, better services. The government runs the post office because it wants to control the command posts of society, including communication. The Internet as a global communication device snuck up on the state before the state could kill it.

Let’s return to the 19th century. Spooner didn’t go away. He was more than an entrepreneur. He was a brilliant and pioneering intellectual, as the collection The Lysander Spooner Reader makes clear. He was a champion of individual liberty and a passionate opponent of all forms of tyranny. He was an abolitionist before it became fashionable but he also defended the South’s right to secede.

Most incredibly, he was probably the first 19th century American to return to the old anti-Federalist tradition of post-Revolutionary America. He did this by asking the unaskable question: why should the US Constitution — however it is interpreted — be binding on every individual living in this geographic region?

This document was passed generations ago. Maybe you could say that the signers were bound by it, but what about those who opposed it at the time, and what about future generations? Why are the living being forced to live by parchment arrangement made by people long dead? Why are the living bound by a privileged group’s interpretations of its meaning?

In his view, people have rights or they do not have rights. If they have rights, no ancient scroll restricting those rights should have any power to take those rights away. Nor does it matter what a bunch of old guys in black robes say: rights are real things, not legal constructs to be added or reduced based on the results of courtroom deliberations. Plenty of Americans before his time would have agreed with him! It’s still the case.

Now, keep in mind that Spooner lived in a time where the living memory of these debates had not entirely disappeared. He knew what many people today do not know, namely that the Articles of Confederation made for a freer confederation of states than the Constitution. The Constitution amounted to an increase in government power, despite all its language about restricting government power. Remember too that it was only a few years after the Constitution was rammed through that the feds were suddenly jailing people for the speech crime of criticizing the US president!

Spooner spoke plainly: what you call the Constitution has no authority to take away my rights. Hence his famous essay: “Constitution of No Authority.” In “No Treason” he argues that the state has no rights over your freedom of speech. In “Vices Not Crimes,” he shows that people in any society are capable of doing terrible things but the law should only concern itself with aggression against person and property. Reading them all together, as they are in this book, is a radicalizing experience — a liberating experience. It makes you see the world in a completely different way.

It’s true that they aren’t teaching about Spooner in public school. But he was a giant by any standard, the 19th century’s own Thomas Jefferson (but even better than Jefferson on most issues). There is still so much to learn here. It’s no wonder that his legacy has been suppressed.

This edition of his best work is published by Fox & Wilkes, an imprint of Laissez-Faire Books. Incredibly, you are still permitted to buy this and read it without getting arrested — for now.

Spooner the Entrepreneur Read Post »

Scroll to Top