
Jun
13
Recently, one of my friend who enjoys calling himself an anarcho-capitalist, tried to oppose Copyright act by questioning whether violation of Copyright act is Legal or illegal.
He for doing so, tried to mull and blame and defy Ayn Rand whom he considers as the only supporter of copyright act.
This post is basically not intended to oppose him.
This post is intended to safeguard Ethics of Capitalism, ethics of liberty, and ethics of honest humanity.
I will start with Ayn Rand’s famous quote from Atlas Shrugged:
“I swear by my life and my love of it that I will never live for the sake of another man, nor ask another man to live for mine.”
That is the basic ethical line of every Capitalist irrespective of his political fervour is anarchocapitalistic or Miniarchist.
The whole argument of Intellectual property and copyright abolitionists stands on the basis of denying intellectual property as a true property. It seems genuine too because if someone steals your watch (that is, a tangible property) you will be devoid of it, you will no longer be able to use it. While, if someone steals your article, poem, music, idea, software programs, scientific formulas etc, you will still be able to use it because you are the creator. The problem is, although the original creator will have his copy, he will be robbed of the profits which he might have made by selling the goods he produced by his efforts. It will be unwillingly shared and distributed by the thief of his efforts.
Second thing is, copyright is a reward for the creator for his property. It is moral right that the labor of the creator must be rewarded with property. People won’t have any incentive to create if they won’t be rewarded. Copyright is not about promoting creative arts, it is about producing creative arts, it is about the labour involved. Many times the patent holders may never publish their copies because they just don’t want to publish it. Copyright has nothing to do with providing the public with creative arts; it is just for the creator for his efforts in creating.
Furthermore, denial of IP may lead to heavy losses. The case to be mentioned is about the INSLAW which created the programme Prosecutor’s Management Information System (PROMIS).
The justice department of America not only forced INSLAW to provide it the developed PROMIS programme (2003) free of cost to the government but it also caused bankruptcy of the INSLAW company because of the losses. And it is still being suspected that the security secrets were spied through PROMIS during that illicit use of force by the government over the INSLAW Company despite their IP copyright.
Some left liberalist also claims that copyright is against “free-speech” because according to right for free speech, you are free to express, speak anything. Now it is also similarly ridiculous analogy leftists have got. Free speech doesn’t mean to steal some other one’s greatest achievements and use it at your will. Free-speech is not parroting. Obviously all the arguments against copyright are related to the public common good syndrome, though it is quite clear that there is nothing like “common good”. Left liberalists will talk of rights of all and everyone, but will surely ignore the rights of that who created and originated it. It is not only anti-mind, but anti-individualist too. An artist, not only wishes to gain monetary benefits from his creative work for which he put up his efforts, but also he wishes that his creation may not be mutilated and degraded hence bastardized by others for as long as possible. And to try for that is the artists/creators inalienable right.
To oppose copyright or importance of Intellectual Property is nothing but moral bankruptcy. It is stealing and theft. It is like getting something without paying for it, without devoting efforts to earn it, without creating it. It is using other’s effort for your living, it is parasitic attitude and it is shamefully Marxist attitude.
Is Copyright an Anarchocapitalistic Idea?
Anarchocapitalism is an economic-political system propounded by Murray Rothbard, the Austrian economist and student of Ludwig Von Mises, the greatest of all Austrian economists.
Ludwig Von Mises himself was a Miniarchist, with a firm belief that there should be no interference of government in economic market, but socio-political sector including security, should be a democratic voluntary supported system in which Individual rights should never be harmed.
But Murray Rothbard further tried to put up the idea of total government free organised system based on reason which makes the ethical laws of Individual Freedom. Although, I do not agree with Rothbard on question of Anarchocapitalism ( which I opposed here AnarchoCapitalism) and I Strictly support Miniarchy yet, I would like to clarify that the basic Anarchocapitalist, Murray Rothbard himself was a supporter of copyright and Intellectual property.
In His book Ethics of liberty, he clarifies what actually is violation of copyright!
Violation of (common law) copyright is an equivalent violation of contract and theft of property. For suppose that Brown builds a better mousetrap and sells it widely, but stamps each mousetrap “copyright Mr. Brown.” What he is then doing is selling not the entire property right in each mousetrap, but the right to do anything with the mousetrap except to sell it or an identical copy to someone else. The right to sell the Brown mousetrap is retained in perpetuity by Brown. Hence, for a mousetrap buyer, Green, to go ahead and sell identical mousetraps is a violation of his contract and of the property right of Brown, and therefore prosecutable as theft. Hence, our theory of property rights includes the inviolability of contractual property.
A common objection runs as follows: all right, it would be criminal for Green to produce and sell the Brown mousetrap; but suppose that someone else, Black, who had not made a contract with Brown, happens to see Green’s mousetrap and then goes ahead and produces and sells the replica? Why should he be prosecuted? The answer is that, as in the case of our critique of negotiable instruments, no one can acquire a greater property title in something than has already been given away or sold. Green did not own the total property right in his mousetrap, in accordance with his contract with Brown—but only all rights except to sell it or a replica. But, therefore Black’s title in the mousetrap, the ownership of the ideas in Black’s head, can be no greater than Green’s, and therefore he too would be a violator of Brown’s property even though he himself had not made the actual contract.
Of course, there may be some difficulties in the actual enforcement of Brown’s property right. Namely, that, as in all cases of alleged theft or other crime, every defendant is innocent until proven guilty. It would be necessary for Brown to prove that Black (Green would not pose a problem) had access to Brown’s mousetrap, and did not invent this kind of mousetrap by himself independently. By the nature of things, some products (e.g., books, paintings) are easier to prove to be unique products of individual minds than others (e.g., mousetraps).1
http://mises.org/rothbard/ethics/sixteen.asp
I hope the example of Mr Brown given by Rothbard will clarify why Readern had proper right to make readern metal and none else. He never sold copyright to anyone.
It is quite clear that, my friend while opposing copyrights, disagreed with reasonable basis of Murray Rothbard, the propounder of Anarcho-capitalism.
Obviously, he is not anarcho-capitalist, or he does not understand reason and ethics of Anarcho-capitalism properly and hence defies them.
He supports violation of copyright, which is predominantly supported by leftist marxists while Ludwig Von Mises, Murray Rothbard, Milton Friedman, Ayn Rand, John Locke, John Reed, every single right liberalist, Libertarian, capitalist anarcho-capitalist fully supported the sanctity of copyright.
That doesn’t mean that I am against Mozilla firefox or Linux, or Wikipedia.
It is Individual’s freedom.
If a person innovates something or creates, and want it to be spread through in public via philanthropic voluntary charity system, it is his Individual right. It is Individual’s choice to offer his creation as under creative commons.
Others may applaud or criticize his charitable attitude, but it is neither anti-capitalistic nor anti-ethics of liberty.
Similarly, it is individual’s choice if he wants to copyright his creation. And if he chose to do so, then violation of his copyright is similar to theft of his property.
No law can bind an Individual from having copyright for his creative product, nor any law can bind an Individual for providing his creative product freely.
But if someone violates other Individual’s copyright, then it is certainly Illogical, illegal, Unethical, and immoral, because it is against the right of Individual freedom.
Ayn Rand’s speech on Intellectual Property and copy right:-
Part One
http://www.youtube.com/watch?v=IwTpnWO7ea0
Part Two
http://www.youtube.com/watch?v=4lBpF16Af8k
Author:~Unpretentious Diva/Freesoul~
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300 views18 Responses to “Violation of Copyright is Illegal!”
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kUMar VIkAsh Says:
June 13th, 2008 at 11:48 pm..Good though n Great effort to save individual hardwork.
..To get some kind of quick success, money, name and fame, some people often use it as an instant tool. but they dosn’t know that, if same thing happen with their hard work then how they’ll feel n react.
..but the tragedy is that such People never use his/her, ability, to be Proud, on his/her on creation.
Freesoul Says:
June 14th, 2008 at 12:03 amWell, someone may raise issues, like what if two person at same time are thinking of same innovation or invention?
The answer is simple. Nobody has any duty of obligation towards any other person. And it is always a competition.
Whosoever will be quick enough to have a contractual copyright, will hold the key.
renegade_division Says:
June 14th, 2008 at 12:59 amToo bad, Ayn Rand got the idea of Patent wrong. Because she defends an incorrect fact.
First person to CREATE or INVENTS gets the patent or copyright, not the first person to claim copyright or patent.
Freesoul Says:
June 14th, 2008 at 1:21 am@renegade
That who creates and invent will get copyright too, and after getting copyright, it is his wil, free choice, either to provide it to others charitably or at a price. He is completely free to do whatever he wishes to.
In order to safegaurd the true inventor or creator, private organizations may and will provide various methods to protect his rights.
Remember one thing, free-market is a dynamic process, if there is any such problem the free-market will provide solution for it too. And whosoever will provide it at first, will earn great profits too.
Freesoul Says:
June 14th, 2008 at 1:24 amMore Important fact is, not only Ayn Rand, but ludwig Von mises, Murray Rothbard, Milton Friedman, everyone understood and accepted the basic simple rational.
That is, Individualistic efforts cannot be forcibly looted or stolen by the collectivists.
Freesoul Says:
June 14th, 2008 at 1:27 amJust like there is no collective stomach, and every Individual needs food to fulfill his stomach, same way there is no Collectivistic mind.
And every individual has got Mind to find a way to fulfill the needs of his stomach. But that way should not be by looting the other’ person’s right to fulfill his needs.
Stefan Molyneux Says:
June 14th, 2008 at 2:56 amHey, I thought you might enjoy a great free book on anarchy - I am a huge fan of Rand btw - http://www.freedomainradio.com/free
renegade_division Says:
June 14th, 2008 at 3:01 amStefan I am a big fan of yours, just read Everyday Anarchy two weeks ago and was going to suggest my friend “Freesoul” the same. I was just listening to one of your podcasts right now.
Freesoul Says:
June 14th, 2008 at 4:00 amI am fan of my freedom alone.
And if anarchy loots me(which it actually intends to), I am simply against it.
Chris Says:
June 14th, 2008 at 9:17 pmcopyuright is necessary.in todays world where anything is used for personal monetary gain, it will help safeguard a person’s intellectual property
renegade_division Says:
June 14th, 2008 at 11:45 pmLets see how many copyright violations are running on this page:
1) Picture of Ludvig Von Mises posted here without permission.
2) Picture of Ayn Rand posted here without permission
3) Picture of Murray Rothbard posted here without permission.
4) Excerpt posted from Ethics of Liberty is not a violation because its merely an excerpt.
5) Full Chapter of Ayn Rand’s copyrighted book posted here without permission from Intellectual heir of Rand, Leonard Peikoff. Violation!
Freesoul Says:
June 15th, 2008 at 12:33 am@renegade
1>Not for commercialpurpose.
2>Picture of ayn rand, ludwig von mises, rothbard are freely available on google, under proper direction of no use for commercial purpose.
3>Excerpt of from Ethics Of Liberty is not violation because the book is provided free, with some right reserved. One cannot use it for commercial purpose.
5>same is the case with videos of Ayn Rand.
renegade_division Says:
June 15th, 2008 at 1:08 amYou have google ads, you are making money off their pictures!
Ayn Rand’s work is not free, nor that book:
Read the copyright on the book
http://www.amazon.com/gp/reader/0451147952/ref=sib_dp_pop_cr?ie=UTF8&p=S006#reader-link
So you must cease and desist from posting any copyrighted material on your website, if you don’t wanna sound hypocritical.
Plus I missed the part where you wrote you where you studied copyright law from. I studied copyright law in State Uni of New York.
renegade_division Says:
June 15th, 2008 at 2:20 amFreesoul Says:
June 15th, 2008 at 8:18 am@renegade
I am not devoiding anybody.
And every google page shows that the picture “May be subjected to copyrigts” and if so, it will be unscaled by the owner.
That is, according to contract of google and that owner, if he finds his pictures are being misused, although he can remove the pictures from the webnet, he won’t make any further claim.
Now since google allready have made that contract and am not misusing it, there is no looting of any kind.
and about the website, the website is different property from the picture site according to google. I even didn’t followed that path.
And this is a non-profit site!
I don’t know whose ads site is showing. Not mine
Freesoul Says:
June 15th, 2008 at 8:44 am[i]Ayn Rand’s work is not free, nor that book:
Read the copyright on the book
http://www.amazon.com/gp/reader/0451147952/ref=sib_dp_pop_cr?ie=UTF8&p=S006#reader-link
What you do not understand is, I havenot taken that video from ARI. I have taken it from youtube.
I am not using the material in anyway more than the youtube permits me to.
I don’t care if youtube have rights to allow me use their service. but since youtube is providing me Embedding service, I consider it that it has got rights to allow me this much service.
Now if their is any infringement of Ayn Rand’s property, than it is the youtube and the person who originally posted it on youtube for freeuse.
Because I am dealing with youtube alone and using only that much right which youtube is providing me.
There are thousands of videos on youtube which do not allow embedding.
If ARI has any problem, it can remove embedding facility/allowance.
But as a matter of fact, ARI provides not only these videos, but the recent Dr Yaron’s videos free with embedding facilithy.
Voluntary distribution.
you may check out this page which provides embedding rights. http://in.youtube.com/profile_videos?p=r&user=AynRandInstitute&page=1
Freesoul Says:
June 15th, 2008 at 8:47 amand it wil be better if you stop attacking personally now!
You have your views, I have mine.
If you feel I am infringing anybody’s copyright, you can complain to the responsible authorities.
shiva Says:
June 26th, 2008 at 7:16 amHi friends,
i think Copyrights and IP will stop us from achieving higher products and solutions.. because we feel the idea or product which we develop is final … as you all know nothing is final everything needs improvements or changes over time to make it robust..
and with these copy rights we limiting our Knowledge scope .. i think knowledge base can improve when mutiple ideas from various sources comming.. if you restrict it with copy right your stopping your own growth …
here we are trying to restrict our selfs with copy rights..
may be it sounds different… but why we need to hang with only one idea and make our living let these ideas keep following … then we can fill this world with knowledge base …