EmperorNero
 
  1  
Reply Wed 18 Aug, 2010 02:17 pm
@joefromchicago,
joefromchicago wrote:
The problem here is that, while Night Ripper has, up to this point, been clear on what he considers to be the basis for property laws, he hasn't articulated any position on the purpose of property laws. He argues that property laws are based on scarcity, but scarcity doesn't provide a purpose for those laws. In other words, even if tangible things are scarce, there's no reason why those things need to be protected by property laws.


Indeed, we never articulated that. The amount of physical stuff in the world adds up to less than we want. Therefore we need some way to figure out who gets what. We could fight over it, or use a lottery, but the preferred system is property rights. That's the justification for property rights. Now we argue whether this only applies to material objects or immaterial forms as well.
Night Ripper
 
  1  
Reply Wed 18 Aug, 2010 05:01 pm
@EmperorNero,
EmperorNero wrote:

Night Ripper wrote:
EmperorNero wrote:
But immaterial forms are not abundant, they are as scarce as any physical object.

Again, by copying the immaterial form I'm not depriving anyone of that form. You're just trying to sidestep the issue here namely, that my copying of X doesn't mean there's any less of X. It's not scarce.


Night Ripper, forms are scarce. Why else would we spend millions on creating them? If forms weren't scarce, every single computer programmer, engineer and actor would be out of a job. What's the point of creating something that's abundant?
Forms are not instances! Instances (like a particular mp3 file on your computer) can be copied and are thus abundant. But forms are not abundant, they have to be produced in painstaking labor. That the instances of a form are abundant does not imply that the form is abundant.


You're trying to have it both ways. You claim that the forms are scarce but the instances aren't. So then how am I depleting the number of forms by creating a new instance?

EmperorNero wrote:
Indeed, we never articulated that. The amount of physical stuff in the world adds up to less than we want. Therefore we need some way to figure out who gets what. We could fight over it, or use a lottery, but the preferred system is property rights. That's the justification for property rights. Now we argue whether this only applies to material objects or immaterial forms as well.


Yet, there will always be enough instances for anyone that wants one. So it's hard to see how those are scarce and should be covered under property rights.
EmperorNero
 
  1  
Reply Wed 18 Aug, 2010 05:48 pm
@Night Ripper,
Night Ripper wrote:
You're trying to have it both ways. You claim that the forms are scarce but the instances aren't.


Yes, forms and instances exist on different plains, so to say. Like the difference between a house and it's blueprint. The house may be yours, but the blueprint is still owned by the architect.

Night Ripper wrote:
So then how am I depleting the number of forms by creating a new instance?


You don't. Ownership is the right to exclusively control something. By creating a new instance you infringe on the owners right to exclusively control his form.
Night Ripper
 
  1  
Reply Wed 18 Aug, 2010 05:51 pm
@EmperorNero,
EmperorNero wrote:
Night Ripper wrote:
So then how am I depleting the number of forms by creating a new instance?


You don't. Ownership is the right to exclusively control something. By creating a new instance you infringe on the owners right to exclusively control his form.


But the only reason why we have a need for property rights is because some things can be depleted. Remember what you said earlier, we could fight over it or draw a lottery but property rights are the preferred method. We don't need property rights for things that don't need to be fought over. You can have a copy of X and so can I, no fighting needed.
EmperorNero
 
  1  
Reply Wed 18 Aug, 2010 06:22 pm
@Night Ripper,
Night Ripper wrote:
EmperorNero wrote:
Night Ripper wrote:
So then how am I depleting the number of forms by creating a new instance?


You don't. Ownership is the right to exclusively control something. By creating a new instance you infringe on the owners right to exclusively control his form.


But the only reason why we have a need for property rights is because some things can be depleted. Remember what you said earlier, we could fight over it or draw a lottery but property rights are the preferred method. We don't need property rights for things that don't need to be fought over. You can have a copy of X and so can I, no fighting needed.


Yes, we can have copies of X as much as we want. But the form is not the same thing as it's instances. You have to think of forms and instances as separate things. The form is sort off as a ghost, and when you copy an mp3 file to your computer you take that ghost out of the air and stamp your computer with it. What you created was an instance. The instances are abundant, but the forms are scarce. You have to economize between them, we need more programs than the programmers have time to create. How do we decide who gets to have the programmers time? We could fight over it, and tell the programmer who won, or we could bid for the time of the programmer. But that requires that forms can be owned, because if something is free then we can't bid for it.
Night Ripper
 
  1  
Reply Wed 18 Aug, 2010 06:54 pm
@EmperorNero,
EmperorNero wrote:
The instances are abundant, but the forms are scarce.


I'm not depleting the forms by creating a new instance am I? So why prevent me from creating new instances?
EmperorNero
 
  1  
Reply Wed 18 Aug, 2010 06:57 pm
@Night Ripper,
Night Ripper wrote:
EmperorNero wrote:
The instances are abundant, but the forms are scarce.


I'm not depleting the forms by creating a new instance am I? So why prevent me from creating new instances?


Because by creating instances you control the form. And property is an exclusive right to control something.
Night Ripper
 
  1  
Reply Wed 18 Aug, 2010 07:01 pm
@EmperorNero,
EmperorNero wrote:
Because by creating instances you control the form. And property is an exclusive right to control something.


My patience is wearing thin. I'm asking why property rights should apply to intangible property when I'm not depleting anything by making copies. You're begging the question by saying "property rights are exclusive rights to control something". That doesn't explain why property rights should apply in the first place.
EmperorNero
 
  1  
Reply Wed 18 Aug, 2010 07:12 pm
@Night Ripper,
Night Ripper wrote:
EmperorNero wrote:
Because by creating instances you control the form. And property is an exclusive right to control something.

My patience is wearing thin.


I don't mean to annoy you. This is just what I think. It's a friendly debate, I'm not smug about "being right".

Night Ripper wrote:
I'm asking why property rights should apply to intangible property when I'm not depleting anything by making copies. You're begging the question by saying "property rights are exclusive rights to control something". That doesn't explain why property rights should apply in the first place.


Correct. Property rights should apply in the first place because if we don't apply property rights to immaterial forms they would essentially be excluded from capitalism. You couldn't sell them and if you can't sell something there is no point in producing it.
You agree with capitalism of material objects. And I suggest that the same rules apply to forms, and we should apply property rights to immaterial forms.

So now that we know that property rights should apply to forms, the question is what that means. I say it means exclusive control of those forms. And that would imply that nobody can copy forms. Because if you copy my stuff I don't control it any more.
Night Ripper
 
  1  
Reply Wed 18 Aug, 2010 07:17 pm
@EmperorNero,
EmperorNero wrote:
You couldn't sell them and if you can't sell something there is no point in producing it.


If that were true then there would be no works of art before copyright laws and there would be no works of art that cost nothing. Yet, that's not the case. Look at all the works of art before copyright laws and look at all the free works of art now. You mentioned software so the best example I can give would be BSD-licensed software such as Unix and many other programs used on millions of computers. We don't need copyright laws to assure that there will be an incentive to produce works of art.
EmperorNero
 
  1  
Reply Wed 18 Aug, 2010 07:48 pm
@Night Ripper,
Night Ripper wrote:
EmperorNero wrote:
You couldn't sell them and if you can't sell something there is no point in producing it.


If that were true then there would be no works of art before copyright laws and there would be no works of art that cost nothing. Yet, that's not the case. Look at all the works of art before copyright laws and look at all the free works of art now. You mentioned software so the best example I can give would be BSD-licensed software such as Unix and many other programs used on millions of computers. We don't need copyright laws to assure that there will be an incentive to produce works of art.


Indeed, if a market is excluded from capitalism some production will occur. The third world is largely excluded from capitalism because they don't have property rights, and they produce some wealth. But I think there is no disagreement about the fact that capitalism is far more efficient than the absence of it.
The argument you are making here was the same argument that people on the left made when rejecting private ownership of material property; we don't need property rights to give people an incentive to work. History showed that they were wrong. And if you make that argument about forms, what's different about material property rights?
That some production occurs in the absence of property rights does not mean that the absence of property rights is as efficient as having property rights. Keep in mind that most intellectual property is technical specs for the power supply of air-conditioning units and boring stuff like that, people don't design that fur fun. If we can't own forms, then we would severely limit the functioning of the free market in a knowledge economy. And that would mean we would produce less standard of living for humanity than we could. Giving up wealth that we could have had means not having, say, health care treatments that somebody could have enjoyed. Since there more or less is unlimited demand for health care treatments, I think giving up economic efficiency is never justified.
Night Ripper
 
  1  
Reply Wed 18 Aug, 2010 08:21 pm
@EmperorNero,
EmperorNero wrote:
The argument you are making here was the same argument that people on the left made when rejecting private ownership of material property; we don't need property rights to give people an incentive to work.


Which is irrelevant since the reason I recognize tangible property rights is because tangible property is scarce, regardless of how much production would occur otherwise.
Zetherin
 
  1  
Reply Wed 18 Aug, 2010 08:22 pm
@Night Ripper,
Sorry if I'm being ignorant, as I haven't read much of the thread, but:

Why don't you think there should be legal protection for intangibles again? You do believe there should be legal protection for tangibles, right? Like, say, my car. If someone steals my car, shouldn't that be illegal?

Night Ripper wrote:
Which is irrelevant since the reason I recognize tangible property rights is because tangible property is scarce, regardless of how much production would occur otherwise.

What do you mean tangible property is scarce?
EmperorNero
 
  1  
Reply Wed 18 Aug, 2010 08:26 pm
@Night Ripper,
Night Ripper wrote:

EmperorNero wrote:
The argument you are making here was the same argument that people on the left made when rejecting private ownership of material property; we don't need property rights to give people an incentive to work.


Which is irrelevant since the reason I recognize tangible property rights is because tangible property is scarce, regardless of how much production would occur otherwise.

Yes, that is irrelevant. It was just a side-note.
0 Replies
 
Night Ripper
 
  1  
Reply Wed 18 Aug, 2010 08:26 pm
@Zetherin,
Zetherin wrote:
Why don't you think there should be legal protection for intangibles again?


It's not scarce.

Zetherin wrote:
You do believe there should be legal protection for tangibles, right? Like, say, my car. If someone steals my car, shouldn't that be illegal?


Correct.

Zetherin wrote:
What do you mean tangible property is scarce?


Think of it as the difference between theft and copyright infringement. If I steal a CD from a store, they can't sell that CD anymore. I'm depleting the supplies of that CD. If I download a copy of that CD in MP3 format, nothing is depleted.

If there is a limited number of X, it's scarce. If there is an unlimited number of X, it's not scarce.
0 Replies
 
Zetherin
 
  1  
Reply Wed 18 Aug, 2010 09:27 pm
Night Ripper wrote:
Think of it as the difference between theft and copyright infringement. If I steal a CD from a store, they can't sell that CD anymore. I'm depleting the supplies of that CD. If I download a copy of that CD in MP3 format, nothing is depleted.

If there is a limited number of X, it's scarce. If there is an unlimited number of X, it's not scarce.

In cases where the intangible (MP3) is linked to a tangible (CD), something similar does occur when the intangible is stolen - the tangible is devalued. What the artist is selling is the music they created, and their profits come from the selling of CD's. So when you go around that and obtain their creations without paying, there is good argument to be made that you are hurting sales. I don't see how this scarcity issue matters.

This applies to other intangibles like food recipes. It should be illegal to steal a company's special recipe for a food item, since that recipe is the essence of that product. If everyone knew the special recipe, the product would lose value or competitive advantage.

Intangibles can of course have value in a capitalistic market, as Emperor noted, and I don't agree with your reason for why intangibles should not have legal protection. You're being myopic and not considering other business issues that may arise. That said, I think there's always room for improvement, and if you have a more rational way to go about dealing with intellectual property, let's hear it. But I hope you can see that completely removing copyright laws, at this point, would yield some pretty big complications.

Quote:
If there is a limited number of X, it's scarce. If there is an unlimited number of X, it's not scarce.

I've never heard of this definition before, by the way.
joefromchicago
 
  3  
Reply Wed 18 Aug, 2010 09:46 pm
@EmperorNero,
EmperorNero wrote:
Indeed, we never articulated that. The amount of physical stuff in the world adds up to less than we want. Therefore we need some way to figure out who gets what.

It's not simply about ownership. Property laws also tell us who gets to use what. Strangely enough, Night Ripper understands that with regard to tangible things, but he can't figure it out with regard to intangible things. He agrees that the right to determine who can use tangible property is a valuable right that the law ought to protect, but he can't quite comprehend how the right to determine who can use intangible property could have any value at all. It is a puzzlement.
Thomas
 
  1  
Reply Wed 18 Aug, 2010 09:55 pm
@EmperorNero,
EmperorNero wrote:
The amount of physical stuff in the world adds up to less than we want.

I don't understand your distinction from physical stuff. Copyrights apply to information. How is information not "physical stuff"? It's the inverse of entropy, and entropy is a physical property just as weight, energy, volume, time, or any other physical property you care to mention.
EmperorNero
 
  1  
Reply Wed 18 Aug, 2010 10:08 pm
@joefromchicago,
joefromchicago wrote:
EmperorNero wrote:
Indeed, we never articulated that. The amount of physical stuff in the world adds up to less than we want. Therefore we need some way to figure out who gets what.

It's not simply about ownership. Property laws also tell us who gets to use what.


That's what ownership is. Ownership is the right to control an object. If you control an object, you get to decide who uses it.
EmperorNero
 
  1  
Reply Wed 18 Aug, 2010 10:12 pm
@Thomas,
Thomas wrote:

EmperorNero wrote:
The amount of physical stuff in the world adds up to less than we want.

I don't understand your distinction from physical stuff. Copyrights apply to information. How is information not "physical stuff"? It's the inverse of entropy, and entropy is a physical property just as weight, energy, volume, time, or any other physical property you care to mention.


Yeah, but "weight" isn't a resource, neither do we mine "time" or "volume".

You are right though that information technically speaking is physical.
0 Replies
 
 

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