
Jun
10
Why does Hank Rearden be the only one to enjoy the benefits of Reardern metal? – A looter in Atlas Shrugged
Ayn Rand in her essay “Patents and Copyrights” Ayn Rand claims that the heirs must not be allowed to inherit Intellectual property rights, yet, today to read that article you will have to pay royalty to Leonard Peikoff, as she left her intellectual property to him. Rand claims that when a man mixes his labor with a tangible piece of nature, he must be allowed to fully enjoy the benefit of his labor. Whether he choses to sell it, gift it, or consume it for himself, its his decision, because all these things give him the enjoyment of his labor. Similarly, she extends the argument that when a man creates an idea(which could be a music, design, text) he must be allowed to enjoy the benefits of his labor by allowing him to chose to sell it, gift it, or consume it for himself.
But here is the problem with the idea. Lets say, you wrote a poem, and I heard it in a recital. I liked the poem and now I decide write it down on my paper. But according to Rand somehow this usage of my property is prohibited without the prior consent of the poet. Its my mind from which I am retrieving the poem, its my pen, its my paper, and its my property where I am doing this act, and I can do anything with these things, I must be fully allowed to do whatever with my property or else it would be a violation of my property rights, but somehow if I want to write that poem on the paper, I must ask the permission of the poet.
Maybe the poet will allow me write that poem down on my property and stick it on the wall, but lets say if I wanna sell that sheet of paper, now I must pay the poet some sort of royalty. Its my property, its my labor in transcribing, but I must pay the poet. Rand attacks this idea, by saying that without the labor of the poet, I couldn’t have made that value to the paper. That is, without that poem that paper is worthless, the real value has been added to the paper by the poet. Since I physically wrote the poem, so I must also enjoy a part of the revenue but not without taking prior permission of the poet and paying royalties to him.
Fine, lets say that is true, the poem is poet’s labor and it did add “true” value to the paper. So I must pay the laborer a value from my earnings. But value is subjective. What if the buyer of that paper does not considers it to be valuable. What if according to the market, the paper is now of worth less than it was before the poem was scribed on it. Say I take a bunch of blank sheets(for $10) and write down Atlas Shrugged on it, and I take it to market for selling them, but the market says, that they don’t value Atlas Shrugged that much, and now they are offering even less for the paper as they would have to the black sheets themselves(say now the novel is valued for $2). That means Ayn Rand’s labor has cost me $8. Does that mean Ayn Rand must pay me those $8 for damaging my property by her labor?
Why not? If I draw a tiger with a spray paint can on your car, I destroy your property, and I must now pay the value, or the compensation to you. If someone says that I didn’t take prior permission of the car owner, well how about this, I am a car painter, and you give me the task of paint your car red. But instead of that, I paint “rising sun” on it with blue spray. This has ruined the beauty of car according to the car owner. So now I must PAY the car owner the damages I have done to his car.
Take a bit more practical example, if I order 10,000 copies of Atlas Shrugged from a printing press, and decide to pay Ayn Rand 50% of all the earnings as the just value of her labor. Now each copy is of $10(and the cost of blank sheets per copy is $2). But none of the copies are sold, and now I can’t sell the paper to the value of the buying price, that means Ayn Rand’s labor has ruined the paper, and since according to Rand, SHE is the person who actually adds the value to the paper, now she has added negative value to the paper.
I sold all the 10,000 copies to the recycling center, and I got $1 for each copy. I invested 10,000 times $2=$20,000 and made a loss of $10,000 so should Ayn Rand now must pay me that 50% of the value she added? Shouldn’t she pay me $5,000 now?
Atlas Shrugged: Spoiler Alert
Coming to Hank Rearden and Rearden Metal, I surely don’t suggest that Rearden must be forced to share the secret of Rearden metal, because that would be an act of aggression, and as unjustifiable as Rearden stopping others from manufacturing his metal if they somehow understand how its made. Though in the novel its not made clear how open was the secret of Rearden metal. If others are able to create it by merely reverse engineering the metal, then Hank Rearden has no right to stop them from making it, because that would be a violation of THEIR property rights.
Also the way the government retrieved Rearden Metal’s secret from Hank Rearden, there was no violation of anyone’s property rights. They had information on Rearden, they had proof, they could have published it in newspaper, but instead they gave Rearden an offer of keeping their silence in exchange of the information of Rearden Metal. Hank Rearden voluntarily signed the gift certificate since no physical coercion was involved here. Had the looters said “We will harm Dagny Taggert” then the situation would have been different, they merely said “We will destroy Dagny’s image in public”. It was Blackmail, but then it was a voluntary exchange which benefited both the parties, Rearden got to save Dagny’s image, and Government got Rearden Metal’s information.
Read more about Blackmail here.
Spoiler ends
5 Responses to “Legal or Illegal : Copyright violations”
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Freesoul Says:
June 12th, 2008 at 1:33 pmWhat actually is copyright and its violation-
Consider an education class. The lecturer provides knowledge about a subject, discusses various aspects of it. The students listens, analysis and understands.
Some students are interested in learning, and applying further mind, developing innovating knowledge, they remain attentive in class and provide their individual efforts for the development of subject and related knowledge. They pays their hardwork to it.
Other student who are not interested in learning and don’t want to put any hard work any effort, bunks classes, enjoys porns and videogames and never studies.
It is freedom of individual. If you don’t want to come in class, attend lecturers, learn study and pay your efforts to a subject, then it is your choice. you can surely enjoy your video games and porns. Nothing wrong in that.
But then comes the thesis time.
To provide a note, that this person under this standard education system (Obviously private or public whatever) has completed his effortfull study about a particular subject and has submitted his effortfull theisis analysis under this name.
Every student want it. that who was actually interested in learning and developing more, put up his hardwork, his mind, his intellect, and developed the theisis, and submitted it. He expects good grades and a recognition for his work.
On the other hand, the other students who never wanted to study, who never attended classes, who never applied their efforts and mind to understand and further develop the subject, now even they also want the profit of the Hardworker student who put up their effort in evolving knowledge.
So such theifs and marxists and leftist anarchist like the writer of this post, steals the hardwork of the honest genuinely devoted student. They hacks their effort and submits it on their name.
Like in a written test, some student comes up with their own efforts and studies and writes the paper, while some never learns, never do studies or any hardwork. They makes chits and copies, they cheats in examination room and copies from the hardworking students answersheet to get same marks as that student who did the hardwork.
These anarchists says that there is nothing wrong in cheating, in chitmaking in copying. and since they copied in their answer sheets, hence they should also get same marks as that of the student who really worked hard.
Because according to these anarchists, hardwork has no value, the effort of the innovator, the inventor, the knowledge developer has no value.
They want to legalize the cheating.
What they don’t understand is, if all will be allowed to cheat, why will any single body try to put real effort?
If the hardworker won’t be allowed to get any incentive for his hard work and his hardwork will be forcefully distributed by these anarchists to the other lazy and never working anarchist brothers, then why the hell wil he put any effort?
He will also stop working hard.
It is just similar to http://www.reasonforliberty.com/current-affairs/the-story-of-socialism-public-welfare-and-brain-drain.html
Jayel Aheram Says:
November 19th, 2008 at 11:00 pmcopyfascism \’kä-pē-fa,shi-zəm\ – the belief in a state-granted monopoly on ideas and information utilizing governmental power and coercion in breaching free speech and private property rights, and the forcible suppression of creativity and innovation.
I coined the term in 2006 (in Flickr in one of my first verbal salvos against the whole concept) when I realized that the entire copyright regime is nothing more than a collusion between big business and government. It is detrimental to creativity and innovation.
Stephan Kinsella is the forefront of this libertarian opposition to the misconception that intellectual property is somewhat akin to private property, when it in fact the former subverts the latter.
Open Source, Libertarians and Communists | Reason for Liberty Says:
June 1st, 2009 at 4:32 pm[...] I understand that not all Libertarians reject IP rights, but this article is not another debate about the rationality and morality of copyrights and patents because we have had those debates in past (For copyrights, and Against copyrights arguments). [...]
Reason for Liberty » Blog Archive » Why should you choose Creative Commons over Copyright model for your work? Says:
July 29th, 2009 at 3:52 pm[...] their blog posts, or worse putting “DO NOT COPY” notices on their blogs. Footnotes:Legal or Illegal : Copyright Violations [↩]Violation of Copyrights is illegal [↩]Patent laws:Beneficial or Bane [...]
Self-ownership and consistency with Independence | Reason for Liberty Says:
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