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What IS "property"? A few weird thoughts on evolution, society, "property rights" and "intellectual property", and the "principles" we structure to justify them

December 21st, 2009 2 comments

I copy here some thoughts I posted on two linked threads by Jeffrey Tucker and Stephan Kinsella in November [2009] regarding problems with intellectual property, as well as some relevant parts of the comment thread by Stephan and others:

My own view has come around to the idea that state-created IP is abusive and has been hijacked by rent-seeking. Firms and individuals that want to maintain information as property should do so without state grants, other than the use of courts in providing remedies for theft.

But that the idea of IP itself as “property” does not seem absurd to me in the least; the prevalence of the idea is an example of the way that communities adopt and internalize rules and apply them rather reflexively (and feel them morally) and is a testament to the capacity of humans to minimize tragedy of the commons situations (as Yandle and Ostrom have noted). The problem is simply that IP has slipped its moorings and become abusive to the point that we need to start working (via legislation, no?) to lessen the evident parasitism and abuse.
Published: November 19, 2009 7:57 AM

Stephan Kinsella:
TokyoTizzom:
These comments have an odd air to them–state created IP is “abusive”? It’s been “hijacked”? Libertarians talk about just and unjust, rights and rights violations. And IP was not hijacked by the state any more than taxing power or regulation of wage and working hour or outlawing cocaine was hijacked by the state. It’s not as if these things would occur in a free market.
Yes, let’s just work with the state to decree more unjust fake “laws” …. that’ll work.
Published: November 19, 2009 9:36 AM

TT:
“And IP was not hijacked by the state any more than taxing power or regulation of wage and working hour or outlawing cocaine was hijacked by the state. It’s not as if these things would occur in a free market.”

I’m not sure why you want to drum up disagreements; is it because I agree with you as a practical matter, rather than delving into principle? If we change anything here, it will not be so much as a result of principle as getting others, as a practical matter, to agree that IP has gotten out of hand.

In any event, I was referring to abuse by rent-seekers, not by the state.

Further, while I don’t see how we can possibly conclude that communities cannot, without use of a state, derive the equivalent of taxes, wage regulations or outlawing cocaine, how is this even relevant to a discussion of the legitimacy of IP?

Care to clarify the following?
me: “The problem is simply that IP has slipped its moorings and become abusive to the point that we need to start working (via legislation, no?) to lessen the evident parasitism and abuse.”
You: “Yes, let’s just work with the state to decree more unjust fake “laws” …. that’ll work.”
I’m not following you – what is YOUR proposed course of action for rolling back IP? Are you expecting everyone to simply ignore the state and IP laws? Seriously, I’m missing something.
Tizzy Tom
Published: November 20, 2009 2:06 AM

TT:
It seems to me that Stephan – as most libertarians who focus on principles – fails to ground his fine edifice on or link it into what we understand of the continual saga of competition and cooperation in Nature for acquiring, using and protecting scarce resources, and man’s ascendant path.

Basically, “property” is simply the name we give to the resources that we are able personally to protect, as well as those which – via sophisticated shared mechanisms that continue to be developed within communities over time – we can protect, plus our recognized share of common assets.

In a state of nature, very little is secure, as most life forms have limited means of securing or maintaining exclusive control over assets. What one predator catches, another often soon steals. Different species have developed different ways of coping with the ongoing struggle, utilizing varying degrees of cunning, speed, strength and cooperation.

Humans have triumphed over the rest of nature because we have found sophisticated ways of balancing individual initiative and moderating intra-group struggle with cooperation, and devised methods to acquire, use and defend resources.

Property has been a key tool, but we can readily see that our “property” has its roots in the ways that our cousin creatures invest energy in marking out territory, fighting (individually or in groups) to protect their young, and growling over bones. At the same time, we can see that animals treat each other as dinner, make calculated decisions as to when to “steal” resources that others are guarding, and as well find advantage in cooperating, both with relatives of their kind and with others.

Our need to defend property from other groups has fed our inbred mutual suspicions of “others”, and our ongoing battles, both for dominance within groups and to acquire the resources held by rival groups, – and has led directly to states.

Bruce Yandle has addressed the ascendance of man through methods such as property to facilitate cooperation and to abate ruinous conflicts over resources; he has an interesting short piece I’ve excerpted here: http://mises.org/Community/blogs/tokyotom/archive/2009/11/20/bruce-yandle-on-the-tragedy-of-the-commons-the-evolution-of-cooperation-and-property.aspx

To tie this in more closely with Stephan’s battle with libertarians and others over IP, I note I have further discussed the ways that groups have, in order to strengthen group cohesion and dampen conflict, of developing and inculcating mores; formal religions are obviously just one branch of this tree:

– see my discussion with “fundamentalist” here: http://mises.org/Community/blogs/tokyotom/archive/2009/08/30/a-few-simple-thoughts-on-the-evolution-of-moral-codes-and-why-we-fight-over-them-and-religion-liberty-and-the-state.aspx

– and my discussions with Gene Callahan and Bob Murphy on whether there are “objective” moral truths, or simply a felt need on their part to find some: http://mises.org/Community/blogs/tokyotom/search.aspx?q=callahan+moral

These are relevant because they explore not property per se, but our related need to make our property rules stick, by tying them to “sacred postulates” of one kind or another. The problem with this, of course, is that it makes us difficult to abandon what we all pretty much assumed was sacred, like IP. (Of course it also makes even discussing property quite difficult at times.)

TT
Published: November 20, 2009 9:13 AM

• Lord Buzungulus, Bringer of the Purple Light
TokyoTom’s latest post is, frankly, bizarre, and I fail to see that it has anything do with the issues of property rights and IP.
Published: November 20, 2009 9:19 AM

• Stephan Kinsella
Lord B– re TokyoTizzom — I kind of agree.
Tom: I really am not sure what you are asking. You seem to be rambling in a sort of New Age libertarian “we’re all practical moderates can’t we just get along Rodney king” kind of way, “can’t we just have incremental improvement, kumbaya”.

Maybe I’m misreading you. I just can’t follow this amorphous way of thinking.
Published: November 20, 2009 10:43 AM

• TokyoTom
LBBPL & Stephan:
Sure, it’s a bolt from the blue and kinda past my bedtime, but it’s not so hard:

The deep roots of “property” are not in principle but in simple competition, physical defense of assets valuable enough to make the effort worthwhile, and in the grudging recognition by others – more willingly offered by those who share bonds of community – that yielding to others’ claims may be more productive than challenging them.

This is as true for rest of creation as it is for man. While we have developed property to a a very sophisticated degree, at its core property remains very much about the Darwinian struggle to survive and prosper, violence, theft and calculations as to when challenging control over an asset is not worth the effort.

To the extent we’re past that, which is quite a ways indeed, property is a social construct that is flexible (though rigidified in various ways, including legislation) and based primarily on practical considerations as to what parameters best engender wealth and respond to shared purposes by minimizing free-for-alls, externalities, free-riding & rent-seeking and facilitating voluntary transactions.

Elinor Ostrom has spent alot of time documenting sophisticated local community property rights, all of which at the end of the day all supported by threats of sanctions and violence against rule breakers and outsiders. http://bit.ly/2caqUr

It’s natural that we feel strongly about what we consider to be ours, but this feeling is a gut one that is not in essence grounded on principles deeper than our sense of fair play and just desserts in a community to which we feel we have bonds of common purpose.

And we have a natural tendency to dress up our shared institutions – such as property rights – in moral precepts.
But we always remain subject to problems of theft, especially so as our bonds of community and shared purpose loosen. Libertarians are absolutely right to keep shining a spotlight on how the state has become an instrument of theft.

As for IP, as specialized knowledge can be quite valuable, it seems quite possible for me to imagine a society that developed IP and enforced it mutually, as a way to minimize high costs for protecting trade secrets.But such rules would not be enforceable against other societies, unless resort is made to government. And it seems clear to me that there are substantial rent-seeking costs now associated with state-granted IP.

To roll things back, just the argument that things are out of control and IP is now grossly abused and counterproductive is good enough for me, but I wish you luck in wielding arguments of principle. That’s the great thing about being a pragmatist.
TT
Published: November 20, 2009 11:54 AM

Great idea? Corporations create a patent commons in order to protect the environmental commons!

October 3rd, 2008 2 comments

Or a frightful thought – corporations cooperating with greenies to advance shared goals?  By sharing patents for free in order to clean up the environment and limit environmental footprints, are corporations being co-opted by socialists?  What corporations in their right minds would do such a thing – give away patent rights and cooperate with Environazis in establishing an “Eco-Patent Commons“? 

How about Bosch, DuPont, IBM, Nokia, Pitney Bowes, Sony, and Xerox?

A cynic might say this could be just good “corporate citizen” PR.  But an Austrian would applaud voluntary efforts to contribute to shared resolutions to shared problems, and note that it may make sense for corporations to enhance not only their public image but to strengthen internal cooperation by expressing widely shared preferences and aspirations.

Allow me to quote from a recent press release:

“Geneva, 8 September 2008 – Bosch, DuPont and Xerox Corporation have joined the Eco-Patent Commons, a first-of-its-kind business effort [launched in January 2008 by IBM, Nokia, Pitney Bowes and Sony in partnership with the World Business Council for Sustainable Development (WBCSD)] to help the environment by pledging environmentally-beneficial patents to the public domain. The three companies and founding member Sony pledge environmentally friendly patents to the public.

“The newly pledged patents include:

  • A cutting edge, Xerox technology that significantly reduces the time and cost of removing hazardous waste from water and soil;
  • A technology developed by DuPont that converts certain non-recyclable plastics into beneficial fertilizer;
  • Automotive technologies from Bosch that help lower fuel consumption, reduce emissions, or convert waste heat from vehicles into useful energy;
  • Technologies developed by founding member Sony that focus on the recycling of optical discs.

“The Eco-Patent Commons … provides a unique opportunity for global business to make a difference — sharing innovation in support of sustainable development. The objectives of the Eco-Patent Commons are to facilitate the use of existing technologies to protect the environment, and encourage collaboration between businesses that foster new innovations.

“Today’s pledges more than double the number of environmentally friendly patents available to the public. They are available on a dedicated Web site hosted by the WBCSD (http://www.wbcsd.org/web/epc). Patents pledged to the Eco-Patent Commons may involve innovations directly related to environmental solutions or may be innovations in manufacturing or business processes where the solution also provides an environmental benefit, such as pollution prevention or the more efficient use of materials or energy.

“Since the launch of the Eco-Patent Commons in January, many of the patent holders have been contacted directly about their patents and at least three patents have already been used by others. “We are pleased that the commons is beginning to have an impact,” said Bjorn Stigson, president of the WBCSD. “We hope it will be a positive contribution to the challenge of technology diffusion around the world.”