Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Original US copyright law was for 14 years, with an optional extension for an additional 14. I think that's more than adequate for the original author to benefit from a government-created monopoly.


Aren't all property rights "government-created monopolies"?


Sort of, but we normally think of monopolies in terms of controlling a market.

If I own a car, I may have a "monopoly" over a subsequent sale of that particular car, but it's an extremely limited market with n = 1. And the rationale for protecting my property rights here isn't just theft of my car would deprive me profits from resale, but that it would deprive me of actually using the car and driving around.

In contrast, intellectual property concerns the control of a particular market where n > 1. Copyright isn't necessary to protect my ability to use a particular copyrighted work -- I can still read my book, write sequels, etc. even if someone infringes. Rather, the rationale for copyright is to enable me to capture 100% of the profit from any market for my copyrighted work -- i.e. a monopoly.


"Property does not exist because there are laws, but laws exist because there is property" -- Bastiat

The idea being that proper governments recognize rights that already exist, they don't create those rights. One could argue that so-called intellectual property rights aren't rights that existed before governments created them.


The idea being that governments recognize rights that already exist, they don't create those rights.

I keep my copy of Hobbes bookmarked for occasions such as this.

Hereby it is manifest that, during the time men live without a common power to keep them all in awe, they are in that condition which is called war, and such a war as is of every man against every man.

And, a few paragraphs later, the refutation of your assertion:

To this war of every man against every man this also is consequent, that nothing can be unjust. The notions of right and wrong, justice and injustice, have there no place. Where there is no common power, there is no law; where no law, no injustice. Force and fraud are in war the two cardinal virtues. Justice and injustice are none of the faculties neither of the body nor mind. If they were, they might be in a man that were alone in the world, as well as his senses and passions. They are qualities that relate to men in society, not in solitude. It is consequent also to the same condition that there be no propriety, no dominion, no ‘mine’ and ‘thine’ distinct, but only that to be every man’s that he can get, and for so long as he can keep it.


Without law, is fear of a violent reprisal the only thing that would 'keep you in line'?

There are countless opportunities for me every day to engage in risk free petty theft, yet I don't. Why don't I? It isn't fear of the law, since I have no fear of being caught, and it isn't fear of reprisal since, again, I have no fear of being caught.

No, I think the reason why I don't steal, even when I could, probably has something to do with the same underlying basis of all those "don't steal" laws. I mean, is it a coincidence that I, and those long dead lawmakers, both think that I shouldn't steal? I don't think the existence of the law has created in me this aversion to stealing either. I could cite for you countless examples where the law and I agree to disagree. It's neither fear nor respect of the law that keeps me (and I suspect, most people) from stealing.


>>Without law, is fear of a violent reprisal the only thing that would 'keep you in line'?

well... yeah. If not born into a society with established laws, there would be nothing engraining this idea that you may not take something somebody else is "using".


I'd be interested to see solid evidence supporting this theory. Without it, I'm sort of inclined to believe that people wouldn't settle into anarchist madness without someone telling them not to do that.


Whether or not the esoteric idea of "property" exists as some sort of natural law seems irrelevant. Philosophy aside, a society just agrees that something should be a certain way, and then decides to enforce that idea. To me this is all what modern liberalism representative governments try to be. I reject the need for an idea to exist as some magical entity apart from a society. The idea of property was invented by people and is seen as good and is agreed upon. Same with government. Neither are natural laws of the universe. So to me this whole argument is arguing over nothing.


Aren't you agreeing with Hobbes?


Probably, but I am not sure. Actually the more I think about it, yes. But only according to one interpretation of what Hobbes says in the quoted passage. I agree that order can only exist when people agree on something. Hobbes calls it a "common power". However, one could interpret Hobbes as saying you need some kind of rigid construct to enforce order. Not really. People just have to agree. I was trying to say that that's the only reason property rights exist, because people agree on them, but that's also the only reason government exists. My point was that "property" and "government" are both just words, and whether or not "property" can exist without "government" depends on how you define them. So in my opinion the two people above me were arguing over nothing of consequence. I do not count philosophy among my strengths so sorry if this doesn't make any sense.

Said another way, if you define "government" as people agreeing on a rule, then no, property rights cannot exist outside of government. Or if they did, they would have no basis in reality so they're not worth thinking about. However, if you define "government" as a certain way of enforcement, or a way of codifying laws, or really any particular construct, then in that case property rights obviously do exist outside of government.


> I agree that order can only exist when people agree on something. Hobbes calls it a "common power". However, one could interpret Hobbes as saying you need some kind of rigid construct to enforce order. Not really. People just have to agree.

What Hobbes is saying is a bit more involved than that. He is saying that because people's nature (and self-interest in particular) mean that they will, in practice, not acheive universal agreement, you can't, in practice, have order without an entity which can enforce compliance with the general-but-not-universal agreement and punish defection from it, because otherwise even a general agreement will devolve into chaos. (He might have been more succinct and made reference to the "Tragedy of the Commons", except that that term wouldn't be coined for a little over three centuries after Hobbes wrote Leviathan, and even the historical events that motivated the term were still.)


> Hereby it is manifest that, during the time men live without a common power to keep them all in awe, they are in that condition which is called war, and such a war as is of every man against every man.

As there is no global government or other power, we can observe the relationships between people that have no common power and prove his assertion false.

For example, there is no one common power that controls all American and British people. Yet Americans and British people travel to each other's homes, have relationships with each other, trade with each other, and sometimes even move from one country to another. All of this is done peacefully, with no common power that controls both sides of the equation. Same thing with relationships between Swiss people and Japanese people, or Chinese people and Egyptians, or Brazilians and Indians, or anybody else that you choose.

If Hobbes' idea was true, wouldn't the relationship between two average people that have no common power be rather warlike rather than the mutually beneficially peaceful relationships that we see every day?


As there is no global government or other power, we can observe the relationships between people that have no common power and prove his assertion false.

Or we can observe that though someone may travel abroad, at home they are subject to a power (their home country's laws) and abroad they are subject to a power (the laws of the country they're visiting).

And then we can observe that your analogy really works best with the countries themselves, and of course the history of international relations is full of countries respecting each others' territory, sovereignty, etc. without any need for some third party to exercise power and hold them in check. Right?

Right?


I have never read Hobbes but it sounds like his notion 'Common Power' could be more than a governing entity. Although trade is done peacefully without bloodshed I think that smaller societies realize that refusal to go along with larger societies' best interest would mean war, obviously this would not be good for the smaller society. So smaller societies co-operate and trade because they know they are better off doing so.


You're going to say that the way nation-states deal with each other proves some sort of inviolable human rights?

Have you read much history?


So might == right? I think most reject that argument, myself included.


So does Hobbes. Read carefully.


And yet most people approve of government, which is the embodiment of the idea that might makes right.


Not exactly. The government rules by consent of the governed.


Obviously not the consent of all the governed, all the time.


Which is why I think that phrase in the Declaration of Independence is philosophically deceptive, and perhaps deliberately so. To someone who does consent to most or all other their government's actions, it will give them a warm fuzzy feeling. To someone who doesn't consent, even if they're in the minority, it doesn't make a whole lot of sense. What's the real philosophy there? Is it really just that, if 50% plus one person consents to the government, everything is cool, but if one less person consents, they are all obligated to alter or abolish it?


That's what democracy is all about. The majority rules, unless the majority is wrong, then the minority rules.


Exactly. Democracy, like all government, is about might makes right. That was my point.


"Property does not exist because there are laws, but laws exist because there is property" -- Bastiat

A prime example of Bastiat's reasoning skills and demonstration of how much respect should be afforded him.


Anarchists typically have a concept of "possession" (as opposed to "property", a concept that comparatively fewer anarchists support), if that is what you are asking.

"Possession", as a concept used by anarchists, has always seemed rather poorly defined (surprise surprise), but if we are willing to permit some very slight anthropomorphism, there are non-human examples of the recognition of a concept that we could reasonably call "possession". It seems therefore that whatever "possession" may be, it is a concept that can exist in the absence of governments.


It, like many things in political philosophy, depends on your definition of "property" and "government." In fact, I would argue that most "big debates" in political philosophy come down to semantic arguments over these terms and related ones like "rights."

But using a vague definition for government like "resources which most of society recognizes to be under the rightful possession of a specific individual or group and for which most of society expects attempted trespasses to be met with violence from the possessor or people serving the interests of the possessor" and a vague definition for (at least modern Western) government like "the organizations which are funded primarily by taxation and which have the sole legal authority to make and implement policy," both of which I think line up with most people's everyday definitions, I would say that property predates government and can easily be conceived of in modern times without government.


No.

Enforcing a monopoly requires the application of violence to maintain it. In the absence of violence, anybody may compete.

Physical property rights, as an example, exist at all times in the absence of force. To physically take something from someone you must use violence in one form or another. That ownership is not granted by the government, it's granted by my having acquired it without using any form of violence to get it, and you must take the thing from me to change that.

The government doesn't guarantee I'll always own my property, they provide no guarantee to a monopoly over my car. A thief can come and steal it, and I may never see that car again. The government will not then replace it. The government provides justice, not property guarantees.


I don't understand this comment at all. How do physical property rights exist in the absence of force? How are you yourself not demonstrating that they don't when you talk about thieves stealing your property?


My response would be that violence-enforced monopolies on scarce resources like land and physical objects are more "natural" than those on non-scarce resources like digital media. Note that I don't mean to appeal to nature, because I'm not concluding that one is more "right" than the other. But considering territorial animals practice monopolies on scarce resources enforced by violence, it's clear that government is not a strict requirement for violence-enforced monopolies of scarce resources (unless we propose a very loose definition of "government" that includes the social activity of territorial animals).


Don't most legal systems view rights as people's birth right, or "government created"?


The Founding Fathers didn't. In their view, government exists to secure rights, not to grant them.

> We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.


I thought they tended to see rights as the product of a social contract.


Is that the case? I thought social contract theory was primarily a response to the moral crisis experienced by Enlightenment philosophers upon the realization that government does many things which appear to be clear violations of "natural" rights.


It's understood to mean a monopoly on the right to produce copies. Not on the right to sell them. Which is why it is (still) legal to sell used books.


I can conceive of property existing without government.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: