Monopoly is Property; The Motion is Perpetual · Thursday April 18, 2013 by Crosbie Fitch
In Discussion with a Pro-Intellectual Property Libertarian Stephan Kinsella fails to convince Alexander Baker that he is not on the verge of discovering a brilliant, incontrovertible argument that state granted monopolies constitute natural property.
This is what happens when people are brought up in a world permeated by quasi-religious copyright/patent dogma that transforms ‘state granted monopoly’ into ‘god-given right’. People will dutifully waste their time trying to find ways of arguing the ‘truth’ they have received.
But, if each of us spends a tiny amount of time pointing out to such folk that the law arises from the nature of the people, not vice versa, perhaps such time is well spent?
So this is my tiny amount of time…
…and when the tide of liberty arose about King ©anute’s throne, his courtiers desperately finessed their arguments, that what they were observing was merely a predictable surge, that it would obviously have to occur in the process of obeisance to the king’s command.
When you’ve completed the finessing of your argument, Alexander, we can try it out on the people. I daresay it’ll have a lot of support from those espousing greater respect for copyright, but it’s those pesky delinquent masses you have to convince.
Property is that which one can put in a box, or erect a fence around, that which an individual has a natural and vital power (right) to exclude others from. This is where the law comes from.
Rights and property do not come from the law – however much those desperate to perpetuate state granted monopolies by other means finesse the law’s definitions of property.
That said, if you say that state granted monopolies are recognitions of property in ideas/designs/patterns long enough, you will fool many people into believing that because the protection of property is recognised as a human right so the protection of ‘property’ in ideas must be recognised as a human right.
If you corrupt the language you can corrupt anything, but it still doesn’t change human nature.
You can annul the right to copy from the law, but this does not remove the right to copy from the people.
King ©anute cannot hold back the tide of his subjects’ liberty – however brilliant the legal minds of his courtiers may be.