Progressive Egalitarians Should Be Anti-IP

(Austrian) Economics, Business, IP Law, Libertarian Theory, Pop Culture, The Left, Vulgar Politics
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The Obama Administration insists that “‘Piracy is flat, unadulterated theft,’ and it should be dealt with accordingly.” Nonsense, of course. Only scarce goods can be property and therefore only scarce goods can be stolen. Ideas or information patterns are nonscarce goods. If I take your bicycle, you don’t have it anymore. If I copy your idea, now we both have it. Copying, i.e., piracy, is not theft.

As the Left is wont to do in lieu of sound argument, US Commerce Secretary Gary Locke recently related what is meant to be a heartrending story:

Recently, I’ve had a chance to read letters from award winning writers and artists whose livelihoods have been destroyed by music piracy. One letter that stuck out for me was a guy who said the songwriting royalties he had depended on to ‘be a golden parachute to fund his retirement had turned out to be a lead balloon.’ This just isn’t right.

My first immediate thought was why isn’t it right? Shouldn’t a progressive egalitarian’s own values lead him to be against intellectual property?

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The National Intellectual Property Rights Coordination Center is Here to Help

IP Law, Police Statism
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Elizabeth Higgs passed this image on to me–she was alerted to this by a European friend who used a site called TV Shack to watch American TV and found the image above. The center seal, from the National Intellectual Property Rights Coordination Center, is creepy and  fascist-looking. And no wonder–the NIPRCC is a program of U.S. Immigration and Customs Enforcement (ICE), which is itself the largest investigative arm of the Department of Homeland Security. This was apparently part of a crackdown by ICE that seized domains from nine websites engaged in the “criminal theft of American movies and television.” “Officials also seized assets from 15 bank, investment and advertising accounts and executed residential search warrants in North Carolina, New York, New Jersey and Washington….”

The DHS–protecting us from terrorism… and copyright infringement! Notice to all foreign nations who don’t crack down hard enough on patent and copyright infringement: you’re either with us, or you’re agin’ us!

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How to Mirror a Censored WordPress Blog

Anti-Statism, Police Statism, Technology
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A couple of days ago David mentioned that the Mises Institute providing its entire online media and literature library as a set of free torrents can be seen as part of a distributed or grassroots intellectual guerrilla resistance against the state.

This is just one aspect of the Mises Institute’s effort to be completely open source. All of the intellectual eggs of the Austro-Libertarian movement are no longer being kept in one basket. The more people who seed those torrents, the easier the burden on the Mises Institute. But more importantly, should statist or natural disaster strike, the world won’t lose the vast wealth of information hosted by the Mises Institute. Indeed, not only will the information not be lost, but there will be no downtime in its worldwide online distribution. Should states decide to actively move against us, they’ll be in for one hell of a game of ‘whack-a-mole’. They’ll face the same problems the RIAA, Hollywood, and others are facing in their War on Piracy Copying.

Austro-Libertarianism has gone viral, folks.

All this is to set the context for another example of open source anti-state resistance that I recently discovered.

WordPress is an open source website and blogging platform. It’s an easy to use, yet powerful, tool for getting our ideas online where people around the world can access them. It’s free, as in speech and beer. This site is powered by it. My site is powered by it. The Mises Institute’s site is powered by it.

But some countries like China and Australia censor the internet, blocking access to unapproved sites like YouTube and Twitter, filtering or blocking or shutting down or otherwise regulating websites and blogs.

There are ways to get around this censorship, however. Here’s one: The good folks at Global Voices Advocacy, an organization defending free speech online, have heroically created a guide to mirroring a censored WordPress blog. It’s covered by a Creative Commons Attribution 3.0 license, just like The Libertarian Standard. Get it. Share it. Even if you don’t need it yet, someday you might. Others already do. In the spirit of the Mises Institute’s torrented online library, we’re hosting the guide here as well.

Update: Via The Register, Google has put together an online interactive Transparency Report detailing how governments around the world are censoring the internet and Google services. Google also provides a Government Requests map detailing government “requests” that Google provide data on its users.

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Cross-posted at Is-Ought GAP.

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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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