Earlier quoted context omitted.
Fully five top DOJ officials are former RIAA lawyers. You think they will treat MegaUpload in a "fair and balanced" way? http://www.wired.com/threatlevel/2009/04/obama-taps-fift/
I was not aware of that...but then I'm not surprised.
Was Megaupload Targeted Because Of Its Upcoming Megabox Digital Jukebox Service?
61–66 of 66 posts
Re: Was Megaupload Targeted Because Of Its Upcoming Megabox Digital Jukebox Service?
#62The reason Megaupload was targeted has already been established and well documented.
Do people honestly believe the FBI and NZ police are at the recording industries beck and call?
Re: Was Megaupload Targeted Because Of Its Upcoming Megabox Digital Jukebox Service?
#63Earlier quoted context omitted.
"Those with an objectivist viewpoint won't be able to see this scenario in any other way." What? The Objectivist viewpoint is exactly opposite to what you say. Intellectual property is property (Hank Rearden's steel formula was his and his alone, John Galt's engine is his and his ideas are his property) and strong intellectual property rights enforcement are natural rights of their holders, just like ownership of tan…
I should have said "aren't" instead of "won't be". I can't make an argument that this is rent seeking, because I don't believe that it is. I believe, like you, that the MPAA/RIAA are acting in their own interest. Understanding their viewpoint is necessary to hold a productive conversation with them. >I truly do not understand how you come to the conclusion that under an Objectivist world view, it would be the RIAA/MP…
OK, fair enough, but I still think the analogy is a misrepresentation of what really drives people who have strong feelings against intellectual property rights enforcement. There are several camps who can't be lumped together, and whose 'theories' are largely in internal conflict: there are the copyright abolitionists, there is the GPL/FSF crowd, there is the entitled crowd who doesn't really care about reason and just repeatedly says that it's 'unfair' that their 'fair use rights' (of which they have a completely warped view, and which have never existed in the form they imagine in the first place) are being curtailed.
Either way, we disagree on enough other points to continue discussing ;) For example, 'website operators' aren't one group who all deserve indemnification under all circumstances. Megaupload, for example, is a clear case (for the reasonable, non-dogmatic observer) of 'intellectual property infringement facilitation for monetary gain'. Arguably Youtube used to be in its early days. Websites aren't 'press' by definition, and while it's not prima facie reasonable to expect them to be the first conservators of intellectual property laws, they can't just say 'oh it's our users, it's not our responsibility'.
Re: the edit, using that quote in that context makes me angry because it's such a fundamental misrepresentation of what Objectivism and Rand's philosophy stands for and was founded in. Having governments enforce property rights is not the same as what happened in the socialist tyranny that destroyed Rand's family and from which she escaped. Crikes, Rand herself made her fortune from writing screenplays and books, without copyright she would never have been in a position to produce abstract works like her work after The Fountainhead!
Re: Was Megaupload Targeted Because Of Its Upcoming Megabox Digital Jukebox Service?
#64Earlier quoted context omitted.
Interesting comments, and well thought out. Yet, since you bring up Hank Rearden's formula, let's remember that Atlas Shrugged explicitly acknowledged that Rearden was leading a team of scientists and engineers. He was not a solo inventor. Even that team stood on the shoulder of giants, it would have not gotten so far had not previous generations invented steel on which it was based not to mention the metalurgical ad…
I have no objection to being downvoted, but since this was an attempt at a rational argument as part of a discussion rather than trolling, I would appreciate an explanation of what you think I got wrong.
Re: the group effort of invention, I don't see the relevance. One can invent as 'work for hire' in the same way that workers in a pottery factory don't become owners of the pots. The second part, that Rearden Steel was an improvement of 'regular' steel, is not a valid comparison either. 'Steel' is a broad word for purified iron, the methods for doing so being diverse. Rearden Steel was (I'm not sure this was stated explicitly, but can imo be reasonably be derived from the circumstance that were described) a specific alloy, made with a specific production process. That is much more specific than 'steel', and here it turns into a discussion on how specific an invention needs to be for it to be able to be 'intellectual property'. I don't think we're at the stage yet where it makes sense to discuss that - my problem is with the crowd who wants to abolish IP all together, or at least have laws that make any enforcement of it impossible or make the cost/benefit tradeoff of enforcement greater than 1.
I now regret using 'natural rights' without qualifying it because I used it in a broad sense, not specifically in the Aristotelian or any other more 'defined' natural rights definition - just as catch-all term for 'axiomatic rights'. (at least for the purposed of my post - I myself still subscribe to an Objectivist foundation of 'natural rights'). Either way, I don't think it's material to the post; nonetheless I can't help myself but saying that I don't see why when a right was first recognized as a natural right reflects on it actually being a 'natural right'. Before the Enlightenment, there was little to no need for IP rights - it wasn't needed in canonical law because canonical law restricted content so the form of that never turned into an issue; and in common law there were marginally few situations where it was an issue.
Finally, Disney never took a verbatim copy of a work and sold it to cinemas; that's not a valid argument for not having IP rights at all. This line of reasoning is imo straw man reasoning. Yes, creators are influenced, in some cases more than others, by existing works or social contexts. That doesn't make the concept of IP invalid. It's merely an (obvious) observation that leads to the conclusion that there need to be boundaries to when something is 'intellectual property'. As I wrote in a post above, I don't care much for that discussion, as it's way beyond the fundamental issue here. I guess our positions aren't that far from each others'; no, IP rights aren't exactly the same as tangible property rights, but there are large amounts of overlap, especially in the philosophical justifications for it (e.g. large parts of Locke's theories on property can (and imo should) be applied to IP rights). Enforcement of IP rights is lacking, as evidenced by the large amounts of pirated content available online. Legal measures without due process may not be the right solution, but previous measures (e.g. the DMCA, which was vilified as much as SOPA back in the 90's! I guess there aren't that many people left who remember those 'discussions') have proven to be ineffective. Website operators shouldn't bear all the responsibility of enforcing IP rights, but they need to make a real effort, especially in cases where their business stands to profit from infringement (Megaupload, but potentially others, too).
Re: Was Megaupload Targeted Because Of Its Upcoming Megabox Digital Jukebox Service?
#65Earlier quoted context omitted.
"Those with an objectivist viewpoint won't be able to see this scenario in any other way." What? The Objectivist viewpoint is exactly opposite to what you say. Intellectual property is property (Hank Rearden's steel formula was his and his alone, John Galt's engine is his and his ideas are his property) and strong intellectual property rights enforcement are natural rights of their holders, just like ownership of tan…
Intellectual property absolutely is rent-seeking. It brings the full weight of government to enforce an artificial monopoly, for the pragmatic end of encouraging the creation of works of art and technological advances. The idea that one party can prevent another from exploiting a novel idea (which may have been arrived at independently) does not come out of ethics or natural law. It is a (seemingly) useful legal cons…
Re: "For instance, consider fashion and the law -- two creative industries which have no such protection and within which imitation is a measure of your success.", I have no idea what you're talking about. Gucci and Prada are some of the most prolific enforcers of their IP rights. Counterfeit designer clothing is a huge problem and an area where IP rights enforcement is stronger than in e.g. the music industry.
Your point of imitation in the law creative industry I don't understand to counter on its content. How do people infringe on others' IP rights in the legal industry? How does one in that industry imitate others, or achieve success when one is imitated?
Re: Was Megaupload Targeted Because Of Its Upcoming Megabox Digital Jukebox Service?
#66Earlier quoted context omitted.
I have no objection to being downvoted, but since this was an attempt at a rational argument as part of a discussion rather than trolling, I would appreciate an explanation of what you think I got wrong.
For the record, it wasn't me who downvoted. Re: the group effort of invention, I don't see the relevance. One can invent as 'work for hire' in the same way that workers in a pottery factory don't become owners of the pots. The second part, that Rearden Steel was an improvement of 'regular' steel, is not a valid comparison either. 'Steel' is a broad word for purified iron, the methods for doing so being diverse. Reard…
Now, to address a couple of your more specific points. Steel is an alloy of iron, not just purified form (although some early forms involved mostly removing impurities and creating the alloy with other impurities naturally present), and while the term steel is somewhat generic I could say something like "440 Stainless Steel" and refer to a very specific composition.
I point out that Rearden relied on it because I believe (it has been a while since I read Atlas Shrugged) Rearden metal used steel as a base. Even if that detail is wrong, it certainly relied on the millenia of metalurgical knowlede developed before Rearden, for which he paid between nothing and very little since only the very most recent developments are patented.
The fact he led a team rather than developping it on his own weakens the clean philosophical argument that it was "earned by the sweat of his brow". He worked with others. Yes, he paid them and has every legal right to claim it as his (actually even that's muddy because he did it through his corporation and it is not entirely clear that he was a 100% owner with no one else having any equity at all). But while that doesn't muddy the legal water, it does muddy the philosophical claim.
When a right was recognized does not change its status certainly, but it does act as evidence against a claim that it is an axiomatic right. One would expect that an axiomatic right would have at least some traces of origins in antiquity and that it would have arisen (even if it took a while) independently in many cultures. This is not true of copyright or patents. Those were extremely modern, created by a legislature and for a very specific purpose. Euclid would likely be shocked by the idea that someone would need his permission to copy his Elements (which he borrowed liberally from others to create). Oddly some of the European Moral Rights, such as the right to be acknowledged as the author, come closer to being axiomatic than actual copyright, even though they aren't recognized in the US in a full form. Euclid probably would have been outraged if the copy you made of his Elements didn't acknowledge him as the writer, but he wouldn't have questioned you making the copy.
As for Disney, again I am not arguing against IP rights, I am all for them. The fact that most of Disney's best movies are openly derivative is an argument for IP rights that are limited in time and scope. That is what I am arguing for, and that is a position which benefits Disney greatly.