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Sorting Out the Birds from the Bees · Monday November 29, 2010 by Crosbie Fitch

If you don’t really have a position on copyright except as a cultural hazard, and just flit from flower to flower, copying what you want, sharing what you will, generally taking back whatever cultural liberties seem appropriate at the time, then you are a bee – busily bumbling along.

However, if you do have a position in the copyright debate then the first question to put to you is this:

  • “For those few holders who can afford to prosecute it, is copyright still effective in achieving reproduction monopolies for covered works?”

If you answer “Yes”, then you no doubt consider that piracy is negligible and can be written off as youthful exuberance to be remedied by better education and deterrence. In general, you are optimistic for copyright’s future, and believe it will remain a sound basis for anyone to adopt for their business model. An apposite label for you is ostrich – unable to consider things from a broader perspective, reassured by the similar, inward looking agreement of one’s fellows.

If you answer “No”, then there are three main answers to the next question:

  • “Can copyright be returned to effectiveness, and if so, how?”

If you answer “Yes, via draconian enforcement – cultural terror then you are a hawk – not an uncommon position, though typically found isolated in high positions of power.

If you answer “Yes, via reform, such as by compulsorily licensing the areas in which it is not effective (instituting an Internet mulct)” then you are a dove – clustering for safety in numbers, unwilling to challenge incumbent hawks, espousing appeasement and compromise.

If you answer “No, of course not. Moreover, it follows that the privilege of copyright should be abolished, since it can only serve as a means of enabling copyright oligarchs to spitefully wreak vengeance against the public for having the temerity to re-assert their cultural liberty” then you are an owl – rarely seen, but unafraid to prioritise nature’s principles above political expediency or popularity.

If “No” then there’s another question:

  • “Given their 18th century privilege is now worthless except as a means of extorting random file or news sharers, how can artists exchange their labour in a market that is now effectively free?”

The answer is simple: “Enable the artist’s audience to offer the artist money in exchange for further work – on the proviso that copyright is neutralised as a means of extortion, and that the public’s cultural liberty concerning this work and derivatives is restored”.

Obviously, once work and money are exchanged, all can freely distribute and promote the artist’s work through copying it accurately and honestly (being careful not to corrupt or misattribute it, nor misrepresent the artist).

So, what are you? Unconcerned bee, optimistic ostrich, predatory hawk, appeasing dove, or wise owl?

Or would you rather not be so pigeonholed?

Where you stand in resolving this conflict between privilege and liberty is all rather moot. The bees do whatever comes naturally. If the legislators, whatever their feather, do not want to be stung they make the law accord with the bees, not vice versa.

DNA copies and remixes, and nature selects the best. Homo Sapiens copies and remixes accordingly, and mankind learns and progresses the better because of it. It is power that corrupts, and queens so corrupted who legislate contrary to natural law, pretending that it is the suppression of copying and the prohibition of remixing that best advances mankind’s learning and progress.

We must awake from this lie that we have been living, snap out of our collective delusion, realise the empress is naked, and remember that the liberty we were born with is rightfully ours, not Queen Anne’s more privileged subjects. Only willing slaves are seduced by such a snow queen’s suggestion that the sacrifice of her subjects’ liberty serves them more than herself.

Maniquí said 4893 days ago :

I’m still probably a “bee”, from a cultural consumer POV.

Certainly, I’m not any of this: optimistic ostrich, predatory hawk, or appeasing dove.

A wise owl? Well, an owl trying to get wiser and trying to explain other this “new” concepts, which sometimes I just find very hard to explain (the copyright unlearn process isn’t too easy to apply).

Crosbie, please, would you care to briefly explain the “naked empress” analogy?
I’ve read the tale long time ago, but I can’t make the relation between the topics you write about and that tale.
Thanks

Crosbie Fitch said 4893 days ago :

Maniquí, the trouble with wisdom is that it cannot be taught. It has to be learnt.

It is of course the proverbial Emperor who conceitedly credulous is conned, and in turn cons his subjects, into believing in the existence of fabulous clothing that is plain for all to see does not exist. A carefully contrived pretext creates an avalanche of peer pressure that binds people into suspending disbelief – since it says the clothing is invisible only to ignorant buffoons.

Queen Anne’s pretext tells us, as her Stationers’ Guild helped persuade her, that a power to prohibit copying would obviously encourage her subjects’ learning. Ignoring the gold coins that end up in the guild’s pocket, the con, illusion and deceit, that all must suspend disbelief in, is that there can be such a power and that it would assist learning.

It is plain to all that no such power exists. No musician or storyteller has a natural power to prevent all persons the world over from making copies of their work. Children can see this. They can see that no power can constrain their sharing of music and stories. But, their parents tell them, if they misbehave, bogey men will come to lay their family to waste, and will imprison and enslave all naughty children that dare to share. Even so, the children still fail to see how such liberties are detected, so they carry on regardless. And teachers, scientists, and journalists, all fail to see how a power to prevent copying of knowledge, science, and news, can improve the world’s learning of it. But all, of course, cannot betray themselves as buffoons, so all pay lip service to the righteousness of Queen Anne’s sacred gift to her subjects.

We all convince ourselves and each other as to how essential copyright is to everyone, and yet this is a myth the opposite of Father Christmas. It is a magical force that children are blissfully ignorant of, but one in which adults come to believe and fear (or if powerful, learn to threaten others with).

It is time all adults also dared to share, and time we all became buffoons and resumed our disbelief in a magical power that pretends to prevent us singing each other’s songs or telling each other’s stories.

The empress is naked. The power to prevent sharing is non-existent, invisible, illusory, a figment of our imagination. All that exists is her permission to punish unbelieving children and imprison incorrigible pirates, and the policy that all should ridicule non-believing buffoons.

It’s time to turn the tables, time to call for the repeal of this instrument of injustice. We must all declare what we see with our own eyes, that it is copyright that is truly ridiculous and all who yet believe in it. That’s how we, as a people thus enlightened, can abolish a wicked queen’s curse upon us and our cultural liberty. That’s how we become as free as our children.

We CAN copy. It is good to copy. Copying is how we learn. Copying is in our DNA, and no law should be made that pretends to take this liberty from us.

Questioning Copyright · Thursday August 18, 2011 by Crosbie Fitch

In order to understand the conflict between the publishing industry’s 18th century privilege of copyright and the emancipating cultural liberty of the information age, we need to understand copyright’s history.

But, more important than the history of copyright or the law that created it, we need to understand rights.

Here are some questions for those who have already started to question what they’ve been taught about copyright in school, or elsewhere by the media, music and movie industries, and want to understand.

What is the most important thing to know about rights?

Rights precede law.

Our rights are not created by law.

Our rights are imbued in us by nature.

We, the people, create law to recognise our rights, and create and empower a government to secure them.

What are our rights?

Rights are the vital powers of all human beings.
We have rights to life, privacy, truth, and liberty.

  • We have a right to life, to protect the health and integrity of our minds and bodies.
  • We have a right to privacy, to exclude others from the objects we possess and spaces we inhabit.
  • We have a right to truth, to guard against deceit.
  • We have a right to liberty, to move and communicate freely.

How then did government create a ‘right’ to prohibit copies?

No people creates a government to abridge, annul, or derogate from their rights in the interests of a few – or in Orwellian NewSpeak, the greater good.

However, a government is in a position to assume power beyond that provided to it by the people.

A government can assume power to derogate from the people’s rights in order to privilege a minority.

Indeed, these privileges, so called ‘legal rights’, are now so pervasive in society that we must qualify the rights we were born with as natural rights.

So, what is copyright?

What we call ‘copyright’ is an 18th century privilege.

It was granted by Queen Anne in her statute of 1709 for the ulterior benefit of the crown and its Stationers’ Company, so that the de facto printing monopolies established by the guild during its control of the press could become law.

The Stationers’ Company resumed enjoyment of its lucrative monopolies and effective control of the press.

The crown resumed its ability to quell sedition via indirect control of the consequently beholden press.

Why was this Statute of Anne wrong?

Privileges are unconstitutional, inegalitarian, and unjust.

Paraphrasing from Thomas Paine’s ‘Rights of Man’, the liberty and right to copy is, by nature, inherently in all the inhabitants, but the Statute of Anne, by annulling the right to copy in the majority, leaves the right, by exclusion, in the hands of a few – or, as we term them today, ‘copyright holders‘.

Consequently, copyright, as any privilege, is an instrument of injustice.

What is the consequence of granting copyright?

Copyright is now a cultural pollutant and has effectively created cultural gridlock. Today, individuals face jeopardy in any significant engagement with their own culture.

Morever, copyright fools the very same people into believing they have a natural right to control the use of their work.

Although we have privacy, the natural exclusive right to prevent others copying our work whilst it is in our possession, this does not provide us with the power to prevent others making further copies of what we give to them.

Such unnatural power is only provided by copyright, because that annuls everyone’s liberty and right to copy, leaving it in the hands of the copyright holder to restore by license.

Even so, to prosecute the privilege, to detect and sue infringers, can be very expensive, and tends to require the wealth and economies of scale of a large copyright exploiting publisher.

But then why has copyright lasted so long?

In the 18th century the press could be controlled.

In the last couple of centuries, when printing presses were relatively few and far between, the state and publishers, via their crown granted privilege, could expect to police and control the press.

Why can’t copyright work today?

Today, the press is us, the people

Today, we are all authors, all publishers, all printers.

We, the people, are the press.

To control the press is to control the people – a people supposedly at liberty.

What is the current approach to making copyright work?

The people are being ‘educated’ to respect copyright through draconian enforcement – severe punishments of a few as a deterrent to the many.

  • 2005: Jammie Thomas-Rasset, 28, mother of 4, shared 24 files. Found liable for damages of $1.9m.
  • 2005: Joel Tenenbaum, 22, shared 31 files. Found liable for damages of $675,000.
  • 2010: Emmanuel Nimley, 22, iPhoned 4 movies and shared them. Sentenced to 6 months’ jail.
  • 2011: Anne Muir, 58, shared music collection. Sentenced to 3 years’ jail.
  • 2011: Richard O’Dwyer, 23, linked to sources of illicit copies. Faces extradition and prison sentence of up to 10 years.

Not only are publishing corporations trying to subjugate the people through extortion, intimidation, and fear, but the state is complicit, interested, as ever, in both pleasing their sponsors as well as quelling sedition.

Will we ever learn to respect copyright?

Mankind’s cultural liberty is primordial.

Our liberty, our natural right, our power and need to copy has never left us.

Our right to copy may have been annulled by Queen Anne, but youngsters are finding out every day that they innately possess the ability and instinctive need to share and build upon their own culture.

We will never learn not to copy, because to learn is to copy, and we will never stop learning.

Copyright is a historical accident, a legislative error made in a less principled era.

It is time to rectify that error, not the people.

Is that my mission then, to abolish copyright?

No.

Copyright should be abolished, and the people should have their liberty restored, but my mission is not to abolish copyright.

My mission is, and has always been, to answer this question: “How can artists sell their work when copies are instantaneously diffused upon publication?”

Or putting it slightly differently:

“How can artists exchange their work for money in the presence of file-sharing, which effectively renders the reproduction monopoly of copyright unenforceable?”

The solution is the question.

Artists must exchange their work for the money of their fans directly – in a free market.

Artists can no longer sell their work to printers in exchange for a royalty of profits on monopoly protected prices.

The monopoly of copyright is no longer effective.

Its artificial market of copies has ended.

So, what is copyright’s future?

Copyright is an unethical anachronism. It still works as a weapon with which to threaten or punish infringers (with or without evidence), but even with draconian enforcement, the monopoly has ended.

When privileged immortal corporations collide with a population naturally at liberty, the latter will prevail, however draconian their ‘education’ by the former.

Nevertheless, without copyright, natural rights remain, e.g. an author’s exclusive right to their writings, truth in authorship, etc.

Moreover, the market for intellectual work can continue quite happily without a reproduction monopoly. Indeed, it will thrive.

_______________________________________

Have more questions? See QuestionCopyright.org

Want more answers? See The Surprising History of Copyright and The Promise of a Post-Copyright World by Karl Fogel.

This article was previously published at ORG zine.

Further reading: The 18th Century Overture – A Crescendo of Copyright – Natural Finale and Reprise

Shii said 4627 days ago :

“Our rights are imbued in us by nature.”

What exactly does this mean? It sounds like a bunch of nonsense to me. I can say I have the natural right to a pony if I want, that doesn’t make it true.

Crosbie Fitch said 4627 days ago :

“Our rights imbued in us by nature” means that a right isn’t something we individually or collectively say we have, or decide we should have.

To discover our rights we must examine our own nature, we must determine what power nature has given us individually, and how it is balanced among all individuals in equilibrium (harmony).

A natural right is an individual’s natural power in equilibrium. A right is not the power of a strong man to crush a weak girl, but the equal power of all individuals to protect their lives, their bodies from harm, their dwellings from intruders, etc. Thus, a strong man may have more physical power in his body than a weak girl, but the strong man has the same right to protect his body as a weak girl has.

Powers given to people by the state, or by the crown as with Queen Anne in 1709, do not occur in mankind by nature. Whilst we have the natural power and right to prevent burglars stealing or making copies of our possessions, we are naturally unable to prevent our audience of a thousand singing the songs we sing to them, re-telling the stories we tell them, or making further copies of the pictures we sell to them. Indeed, people have a natural power and right to share and build upon the cultural and technological works they have. It is this right to copy, that we all have by nature, that was annulled by Queen Anne in 1709 to leave it, by exclusion, in the hands of a few – holders of our right to copy – copyright holders.

Julián Landerreche said 4625 days ago :

A few days ago, I were discussing this topics with my brother, and he noted the same sentence that Shii remarked and then he asked a similar question: why (or according to what) does the article’s author consider that this are the natural rights?

Crosbie, in your reply to Shii, you added:

It is this right to copy, that we all have by nature.

Why isn’t this right to copy listed with the other 4 fundamental rights?
May it be because the “right to copy” (and, by extension, the “right to do something that doesn’t violates other’s rights”) is a right derived from the “right to privacy and the right to liberty”?

Crosbie, your reply to Shii definitely shed some light on the topic of natural rights, but it also triggered some new thoughts on me.
I can agree that the 4 natural rights you list are pretty self-evident and very simple in their definitions, although, as most things constructed by words, there is an inherent flaw of semantics & interpretation.
Should that semantic issue be disregarded? Can we set & agree on a common base of significances? Are this 4 natural rights similar to axioms on logic & geometry? Or are we falling into great reductionism?

Julián Landerreche said 4625 days ago :

Crosbie’s reply to Shii also led me to note that, although the 4 natural rights may be imbued in humans by nature, it’s not until the human being reaches some kind of physical (and cultural?) maturity, that the human being can exercise his natural rights and use his natural powers.

It’s also pretty evident that a human baby cannot exercise/protect his natural rights, not even the very basic right to life. The baby must rely on someone else (a human adult, probably one of his parents) to survive during his early years of life.
Of course, this could be seen as a POV issue: the baby exercises his right to life by crying and asking for food.

This led me to two questions:

  • may it be that what we call “natural rights” are just “acquired/developed abilities”?
  • that this “need to rely on parents for survival” is what, eventually and for the whole mass of individuals (society), developed into a “parental state”?

Crosbie Fitch said 4625 days ago :

Julián, to your first comment:

Rights may be enumerated, but the enumeration doesn’t create them, it simply recognises them.

Natural rights are self-evident, i.e. recognisable and demonstrable through an analysis of Homo Sapiens as a gregarious being in equilibrium with his fellows and environment.

The enumeration and nomenclature does not determine rights. We have a right to copy, not because it has previously been named and enumerated, but because it is self-evidently within our vital powers, within our right to liberty. We have been copying each other for aeons, and have evolved to do so, as any animal copies its parent. It is only upon a certain guild’s wish to excise this act from citizens’ liberty that the right to copy is singled out for identification, that it may be annulled in the majority by Queen Anne in 1709.

As to semantics, no. Rights are defined by nature (of the human being), not by the words we use to define them. The enumeration of rights simplifies our understanding and discussion of them. We could collapse life and privacy into a single right, e.g. ‘personal space’. But there is an observable boundary between the interior space of a body and its exterior space, and there is an according change in their nature. It is a sensible demarcation to divide this into life and privacy. As much as there is reductio ad absurdum, so there is entia non sunt multiplicanda praeter necessitatem. Four natural rights from which a panoply of others can be derived enables manageable discussion.

Crosbie Fitch said 4625 days ago :

Julián, to your second comment:

Remember that rights are equalised powers, thus a weak child has as equal a right to life as a strong man.

That a child may be dependent upon their parent does not diminish their rights.

Rights are ‘acquired/developed abilities’ only in as much as Homo Sapiens has evolved from something akin to an amoeba.

One can create a government to protect rights, though anarchists argue that one can protect rights without needing to do so. One can also create a government and through taxation engineer a somewhat paternalistic state, e.g. healthcare, education, etc.

dev said 4590 days ago :

You are on both sides of the fence at once here. We have the natural right to copy, then in a Deazly article there is no natural right to copy. Artist should sell directly to their fans, but the fans are the press now with unlimited right to copy – how is the artist supposed to make any money if the value is instantly voided once the fans get their hands on the first copy and spread it? Give it up, we need copyright. You just don’t like the idea of big corporations owning those rights. Well, if you are an artist don’t sell the rights away. Simple.

Xen said 4479 days ago :

Do not forget that any economic system (or any system of thought) is circular in its reasoning for justifying its principles. This economy is based on separation of property into individual ownership, protection of these boundaries, and animosity between owners in trying to obtain more property. Because we separate our property, we introduce scarcity into the system. Together, we have everything, but individually we often lack. Scarcity is then required to keep the system functioning. If there were abundant supply of anything, prices would drop and we would lose our ability to earn money and thus to survive. Abundance is our enemy. We can only sell our work if there is a limited supply of it, or, in the absence of that, we limit our supply ourselves.

Digital piracy is the key subverter and revealer of this system. Piracy shows that our system is not in line with truth. It cancels our suppositions and reveals them to be false. Abundance is natural and our system is at variance with what is natural.

There will never be a human rights-friendly solution to the copyright issue so long as this economic system, and the mindset that creates it, is in place. Abundance subverts the very foundation of our economy and it is meant to subvert it, because it is truth. Rather than subverting it, it simply cancels it. But the system will fight to protect and prolongate itself. Digital piracy alone is not enough to cause any big dent in the system, because it only pertains to information. But it shows us the path forward.

You can forget about any direct trading system that is based on the same principles that the greater system is based on, for artists to make enough money and earn a decent living. Artists that follow the path of scarcity in their minds and hearts will not thrive when scarcity is unenforcable.

Do not bite the hand that feeds you. First make sure you are being fed by another hand, then bite the old one.

James Rule said 4380 days ago :

so the right of a person to control the revenue generated from work they created, & to control how is copied is subjugated by the rights of the masses to have access to this work?

Your argument re the queen Anne Statue is pure obfuscation. with the enormous number of outlets available today, it is completely irrelevant. It has been whittled away overtime by democracy & free communications. Do people currently abuse copyright? yes, does this make copyright an invalid concept? no.

Crosbie Fitch said 4380 days ago :

James, you may well prefer to believe that the author is born with a right to prohibit copies of their published works and that pirates are trampling it into non-existence. However, an understanding of natural rights and/or the history of copyright will show you that the right to copy is inherently in all the inhabitants, but that the Statute of Anne annulled it in the interests of crown and Stationers’ Company.

We are all born with the right to copy – today as well as prior to 1709. It is merely a law that says otherwise, that this right should be annulled and held, by exclusion, in the hands of ‘copyright holders’ for their commercial exploitation.

It is not that people abuse copyright, but that copyright abuses people. It is an instrument of injustice to be abolished, not to be supported.

Even if the majority vote for slavery this does not make slavery ethical. Natural rights precede government, and unlike government, are not subject to democratic modulation. This is why natural rights don’t tend to appear in educational curricula (they undermine the state’s assumption of power), though you may find reference to them via such things as the US Declaration of Independence

karen said 4235 days ago :

So in other words, the website aims to change the constitution – and any author, artist, musician, inventor, scientist, should not have the rights to their ideas. This is not liberty, this is statism, to say that we have a natural immediate right to other people’s ideas and creations. It’s also unconstitutional.

“The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;”
—U.S. Constitution, Article 1, Section 8, Clause 8

Aelius Blythe said 4235 days ago :

@ Karen

And to claim that creators “rights to their ideas” (which NOBODY will contest – I don’t see anyone trying to take away my IDEAS) extends to the the ideas, creations, property, data, and communications of other individuals is statism. That a creator can assert control over every copy and manifestation of their idea in existence is not liberty.

Do not insult creators by implying that our ideas are based on control of others actions and communications (i.e. copyright).

Copyright is Theft - Infringement is Liberty · Saturday August 20, 2011 by Crosbie Fitch

The copyright supporter (individual or corporation) belligerently claims infringement is theft, a violation of a natural or legal entity’s ‘human right’ to prohibit others singing the songs, retelling the stories, or printing more copies of the photos to which they currently hold the copyright. One should bear in mind that copyright holders that sue infringers are predominantly immortal corporations, not the human authors of the ‘protected’ works.

Why is there this desperation to describe the infringement of copyright as ‘theft’, especially when nothing resembling theft actually occurs?

To really understand what’s going on you do have to drop down to the rights of the matter, and understand the difference between a (natural) right and a right annulled (privilege). Rights are imbued in human beings by nature and recognised by law. Privileges are granted by the state (Queen Anne, James Madison, etc.) and created by law that annuls the recognition of a right, e.g. people are no longer recognised to have a right to make copies of their possessions, of a certain type, for a certain period.

One either violates a right, or one infringes a privilege (disobeying the annulling of a right).

Theft is the violation of an individual’s right to privacy (their right to exclude others from the objects they possess/spaces they inhabit), by invading it & removing a possession. Moreover, invading someone’s privacy to make a copy of their diary and remove/communicate it without, is an equivalent violation.

So, a burglar copying an author’s private manuscript could indeed be said to be stealing the author’s intellectual property – an act of IP theft (a violation of the author’s exclusive right to their writings). However, this form of rights violation is categorically distinct from the act of making a copy of an eBook for a friend, or uploading an MP3 rip of a CD to a file-sharing site.

By nature, once an author, Shakespeare say, has sold or given you a manuscript or copy thereof, you are at liberty to do whatever you want with your own possession, e.g. destroy it, perform it, translate it, or make and sell as many further copies as you fancy (as you might copy a basket or vase). There is no rights violation in doing so.

In 1709 Queen Anne annulled this natural right of individuals to make & sell copies of their possessions (relating to literary/graphic/printed works). The privilege of ‘copyright’ was thus created (annulling the people’s right to copy, for some arbitrary period, e.g. 14 years from publication).

To disobey this privilege of copyright is an infringement. It violates no right of the individual. On the contrary, it is a liberty and right that the individual is born with, but prohibited by law.

So, applying ‘steal’ or ‘theft’ to copyright infringement is to attempt to elevate the assertion of a natural liberty contrary to privilege into a crime. Similarly, when people claim copyright is a right (as if a natural or human right, as opposed to a legislatively granted quasi-right) this is to pretend a right is being violated, rather than a privilege being infringed.

By derogating from a person’s liberty to utilise their own property in certain ways (in private or in public), it is actually copyright that constitutes theft, not its infringement.

This is why natural rights aren’t taught in school – they undermine the state’s interest in derogating from the people’s rights, and interest in preventing popular challenge to pretexts that privileges so created are in the people’s interest.

If everyone knew that copyright represented a loss of cultural liberty in the people, to provide a monopoly to enrich immortal publishing corporations (and control public communications in the state’s interest), then it is more likely that people would today be discussing copyright’s abolition and the restoration of our cultural liberty than what punishments would best deter infringers/thieves/pirates (see TechDirt).

TheMortician said 4611 days ago :

Wow. You might be one of the stupidest people I’ve ever seen. I won’t get into a flame war on why, but spouting a bunch of random facts and 3 dollar words doesn’t work for your already idiotic cause.

Crosbie Fitch said 4611 days ago :

It would help if you provided a little more substance to your comment such that it referred to the article in some way, as at the moment it’s difficult to discern whether it’s vacuous spam or an apposite opinion.

dev said 4590 days ago :

I completely follow and agree with everything you have written to a certain extent, but I must ask a question (large immortal corporations aside). If States did not grant such a privilege to copy, do you really think there would be a proliferation of “Learned Men to Compose and Write useful Books” if I could turn around and profit from what you have just labored to write? The key here being profit.

Crosbie Fitch said 4589 days ago :

dev,

First imagine a world without copyright. Then please explain how you can profit from my labour in writing?

Even if you can’t explain how you can profit, but simply believe it’s self-evident, then on the same basis (whatever it is) I can profit as easily as you (if not more) from my own work. In which case you have just argued that copyright is not necessary for authors to profit from their work – since without it, one can easily profit.

Compare the world of free software. This is comprised of the writings of hard working software engineers, and all their published works are effectively free of copyright (its constraints), i.e. you have all the liberty restored to you that you would have in a world without copyright. If you think it is easy to profit from another’s work without copyright then you should be able to take any copy of any Linux distro and profit from it. I look forward to drinks on your yacht in a few months’ time. ;-)

dev said 4589 days ago :

Dear Crosbie,

In today’s society, it is more about what kind of profit you stand to lose than gain when you can copy instantly and without degradation. It also depends on the medium and form of your intellectual property. Say you write a novel that people actually want to read but you want to make some money from it. You put it up on your site for sale and it catches on. But wait there is no copyright in this world so as a savy businessman looking to make some money too, I put it on my site for sale at a cheaper price. I pay google to advertise your title but at rock bottom prices since I can afford to sell it for cheaper since I didn’t labor to make it. People come to my site to buy it instead. But that doesn’t last long either because who wants to pay for something when I can have it for free. So, everyone downloads a torrent and no one profits at all. You wasted a year working on a book that is now free. You are living in a dream land. Look up Titian request for privilege long before the Statute of Anne. In fact look at hundreds and hundreds of request for privilege in Venice because of the fact that someone else is always looking to profit from the hard work of others. If you are going to imagine magical lands, why don’t we just envision a world without money and scarcity while we are at it and no one will have to work and this whole argument will be unnecessary.

dev said 4589 days ago :

Oh and copyright is necessary not so much because it is a right for me to copy a work but the right to exclude others from copying the work. It’s a commerce trade law, it’s a monopoly for the person who labored to produce it or the person/company who forked over the money for the rights and then invested thousands to market it so it would be profitable.

Noyloj said 4465 days ago :

Yes, Dev is of course right whilst the capitalist system flourishes checks must be put in place to protect property. But actually he is also rigtht there is no need for scarcity and people shouldn’t ‘have to work’ longer and longer hours, and lets not forget that the reason these individuals were educated by our society is presumably so that they could be of benefit to it, and not just themselves or to certain controlling interests. I pay my Taxes for these people’s education, and build roads they can drive to work on, they benefit every day from my work and the work of millions like me.

ABC - Abolition Befalls Copyright · Sunday March 03, 2013 by Crosbie Fitch

A is for Abolition

When you have eliminated the impossible, whatever remains, however improbable, must be the truth.

We must abolish copyright.

This is a conclusion anyone can avoid coming to – if they covet copyright’s corrupting power to constrain all others.

B is for Building

Build upon my published work!

Build upon everyone’s published work. You are naturally at liberty to do so.

C is for Copying, not ©

Copy and communicate all published works, yours, mine, everyone’s – to the far corners of the earth.

D is for Derivatives

See Originality.

Nothing is new under the sun. Nothing is 100% original. Everything is derivative in some way. Mankind progresses by building upon what has been done before – through exploration and improvement. There is no wrong in this. Develop derivative works of your own, however similar or dissimilar to those you’ve been inspired by.

E is for Enjoyment

Enjoy your natural liberty. Enjoy your own culture. Enjoy sharing in it with your friends. Enjoy sharing it with everyone!

F is for Funding

Feel free to fund my further work if you fancy more. Feel free to fund any artist whose work you would have more of.

Pay others for what you cannot or would rather not do yourself. Pay artists for their art. Pay printers for prints. If you can make your own copies and prefer to, do so. Ignore any state granted monopolies that prohibit such liberty.

Liberty does not mean artists work for nothing, even if monopolists may not profit so much. Even so, it may sometimes be prudent to give your work away to promote yourself, to win fans, and future funding. Free as in free speech, not as in free beer.

Copying is not a crime, nor does it pilfer pennies from the pockets of the poor – except in the eyes of those who covet copyright.

G is for Gutenberg

Gutenberg started the printing revolution. The Internet put the revolution into hyperdrive.

18th century privileges designed to quell sedition and piracy are running on empty.

Project Gutenberg is helping to demonstrate that paying authors to write novels is not precluded by ending the practice of purchasing books from those privileged by a monopoly or paying them for permission to print copies.

Copyright is a brake on the wheel of the communications revolution. Only the corrupt few can profit from the energy they sap, even as so much progress is lost as a consequence.

Set us free. Set our culture free. See how much faster we go.

H is for Honesty

Honesty is a moral obligation.

While you are at liberty to use any published work as you see fit, such liberty naturally excludes dishonesty, e.g. misattribution or misrepresentation.

As credit is a gift, and citing sources is a mark of respect (though fraught with peril today as it risks inviting copyright litigation), so appropriate attribution is up to you. A lack of attribution is not a priori dishonest. You have no moral obligation to provide attribution, but neither deceive your audience, nor be so neglectful that you cause confusion in this respect.

Misrepresentation would be where you might use an artist’s work in a way such that others are likely to incorrectly infer the artist endorses a product or political point of view.

It is in this aspect that moral rights can be identified and enumerated. Unfortunately, they tend to be corrupted by copyright-based thinking into yet another set of proprietorial privileges. For example, your moral right to integrity is not the power to veto changes another artist may choose to make to your published work, but the other artist’s moral obligation not to misattribute the changes they are at liberty to make to your work as yours, or authorised by you. It is a matter of truth, not of power over others (granted by the state).

I is for Intellectual Property

Intellectual work may be property, but copyright is an unnatural monopoly.

The intellectual work contained within the unpublished manuscript in your desk drawer is undoubtedly your intellectual property, but if you sell or give it to someone, or a copy thereof, it becomes their property – even if it is not their work.

The reproduction monopoly arising in an ‘original’ work, granted by the state, that empowers the copyright holder to sue infringers, is unnatural, nothing to do with property (except in attempts to corrupt the term), and hence an unethical derogation of an individual’s liberty – to copy or communicate that which they’d otherwise be at liberty to.

J is for Justice

Justice is expected through the instrument of government, but its privileges are instruments of injustice.

Wikipedia: Human rights originate in Nature, thus, rights cannot be granted via political charter, because that implies that rights are legally revocable, hence, would be privileges:

It is a perversion of terms to say that a charter gives rights. It operates by a contrary effect — that of taking rights away. Rights are inherently in all the inhabitants; but charters, by annulling those rights, in the majority, leave the right, by exclusion, in the hands of a few… They… consequently are instruments of injustice … The fact, therefore, must be that the individuals, themselves, each, in his own personal and sovereign right, entered into a compact with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on which they have a right to exist.

K is for Kickstarter

Kickstarter and other such marketplaces enable artists to exchange their work for money, not a state granted reproduction monopoly for a pittance from a publisher plus their over-hyped possibility of the ‘lottery prize’ they call royalties.

These marketplaces will become more numerous, more sophisticated, and will represent a return to the pre-copyright method of funding. Instead of monopoly profits, a few patrons, or millions of fanatic micropatrons, or simply, fans, will offer funds in exchange for the artist’s art. Art for money, money for art.

It’s not simply ‘give it away & pray’, whether giving away your art to your fans, or giving away your money to your favourite musicians, but as in any market, it’s about coming to an agreement, an equitable exchange.

Don’t forget though, caveat emptor and caveat venditor still apply.

L is for Learning

Learn is from leornian – to tread in another’s footsteps, to copy another’s path.

But, as modern dogma has it, ever since Queen Anne first let slip the pretext that copyright would result in the Encouragement of Learning, we will be more encouraged to learn from each other because we are prohibited from copying each other.

The first question that should spring to mind is “What kind of law is it, that must be preceded by an unfalsifiable excuse?”. What other law, whether it be against theft, violence, kidnapping, or fraud, must have its enactment preceded by a claim that it will be for society’s benefit?

Even copyright’s fiercest critics still accept its pretext, that its purpose is philanthropic, and that the privilege may continue to be judged upon its mythical benefit to society, despite the fact that we have not witnessed the supposedly dystopian society that has long existed with printing, but without the alleged benefit of a privilege prohibiting piracy on its statute books.

How do we know we are benefiting from copyright if we’ve never known what our culture could have become without it? How does a slave know they are benefiting from their master’s care if they’ve never known what it’s like to find employment in a free market? It’s not a matter of benefit, alleged or imagined. People instinctively recognise the liberty they are born with, and are driven by the imperative to exercise it. If some want to pretend they must ask permission for their liberty, that a need to obtain such permission benefits them, then let them indulge in such a pretence, but do not let the state visit such injustice upon all.

If you look into copyright, if you dare question its pretext, then you should learn that its origins were entirely mercenary, in the interests of the state – and the press it would have beholden, and obedient to it.

That copyright encourages our learning, and feeds poor starving authors to so enlighten us, is a fairy tale once told by a wicked queen, and her successors for three successive centuries.

If we all dare admit the empress is naked, her empire ends.

M is for Monopoly

There are three notorious state granted monopolies: Copyright, patent, and trademark. Each monopoly differs somewhat in its concern and modus operandi, however, whilst some may claim they protect natural rights they are wholly unnatural, being unethical privileges enacted for the benefit of the state and the enrichment of those who lobby for them.

Copyright is not designed to help the individual author against the theft of their unpublished manuscript. It is a monopoly provided for the wealthy and powerful publisher to police the marketplace against competition (pirate printers). Contrary to dogma, it does not encourage learning.

Patent is not designed to help to the individual inventor against the theft of their unpublished invention. It is a monopoly provided for the wealthy and powerful manufacturer to police the marketplace against competition (especially foreign). Contrary to dogma, it does not encourage innovation.

Trademark is not designed to help the individual against passing off by unscrupulous competitors. It is a monopoly provided for the wealthy and powerful merchant to police the marketplace against competition (better value for money imitations). Contrary to dogma, it does not protect the public against fraud.

N is for the Nature of Rights

If copyright encourages anyone to do any learning, it’s learning about copyright, learning about its origins, learning the reasons for its injustice, learning about rights, what they are, where they come from, whether they can be granted, bought, sold, or taken away, and who by, e.g. gods, queens, governments, ourselves, mother nature, or accident, etc.

Thomas Paine has written about rights, as have others over the millennia preceding copyright. Obviously, those interested in continuing to enjoy copyright, ‘The Copyright Cartel’ we might call them, have also written about rights – in these last few centuries since 1709.

Depending upon whose writing you read, you will either learn that it is your human right to prevent others making unauthorised copies of your published work, or that it is a right granted by Queen Anne, that may be bought, sold, assigned, licensed, reserved, waived, or any manner of other things. You will also learn that copyright is a good thing, or that it is a bad thing, or even that it is a ‘necessary sacrifice’ for the greater good.

If you don’t want to risk shifting paradigms, and prefer the comfort of ignorance, then stick to the dogma you thus know and love. If you realise there are problems relating to copyright, and want to know whether those problems are with the people who disobey it or the privilege that is used to prosecute them, then learn on.

I’ve written about rights before, recently, and may well do so again soon.

O is for Originality

See Derivatives.

Thanks to copyright’s inculcation, originality may now be a common artistic aspiration, and something copyright lawyers will pretend happens every day, but it is unobtainable. The idea that it exists can be legislated, but then the law is an ass, made so by asses. Of course it shouldn’t be legislated, nor should we wish it to be.

Further reading: The Perfectly Acceptable Practice of Literary Theft: Plagiarism, Copyright, and the Eighteenth Century

P is for Privacy, not Piracy

Privacy is the root of property, and the only natural right an author has to exclude others from their work. One cannot both publish and remain proprietor. In other words, one cannot include AND exclude someone. You cannot tell someone something AND deny them their liberty to tell it to others – much as you might covet such a power.

Predictably, publishers pretending proprietorship will perforce pejoratively proclaim as pirates those folk who would enjoy their natural liberty to make and distribute copies or derivatives – contrary to the usurping proprietor’s presumption of propriety.

Daniel Defoe was there at the beginning of both copyright and piracy, and may even have some posthumous resonance at their ending: shipwrecked in a pirate bay, and naming a party of pirates campaigning to cease copyright’s punishment of individuals who engage in fileharing.

I refer of course, to The Pirate Bay, and The Pirate Party. These are harbinger’s of doom, both for the privilege of copyright, and the idea that those who ignore it are delinquent pirates.

Q is for Queen Anne

Queen Anne established the privilege we call copyright in 1709 – the root of all laws that prohibit one person from copying another. From 500,000BC to 1708AD, Homo Sapiens developed into a civilisation through copying, learning, and improving upon each other’s work. From 1709 onwards, we suffer the legacy of a legislative misadventure, a privilege that should have been abolished along with slavery, not one that should have been re-enacted in 1790 by a government supposedly created to secure its citizens’ liberty and the ending of monopolies (such as established by Britain’s Tea Act).

R is for Reform

Reforms of copyright are generally proposed by those engaged in doublethink – that it is possible to have a monopoly and cultural liberty.

One of the most popular kinds of reform is that of term reduction. This is presumably based on a supposition that if copyright only prohibited the copying of a work for a decade or so, as opposed to a century or so, that people would be more likely to respect the 18th century privilege, obeying it, than to disrespect it, ignoring it.

Piracy has occurred before, and where the state has realised copyright is too clumsy or ineffective (but never unjust), it has introduced compulsory licensing. There are those who suggest this applies to the Internet, and so a compulsory license fee (or mulct) should be levied upon all who use it, to be disbursed to poor starving artists (aka publishing corporations and collecting societies) according to the proliferation of their work. This idea for reform has not gained much ground because no-one has yet figured out how to accomplish it without making it easy for people to see that 99% of the mulct ends up in the pockets of corporations rather than individual artists. Further reading: The nature of intellectual property in the mid-twentieth century

There is, as it happens, one reform of copyright that does make it possible to have a monopoly and cultural liberty. This is where individuals (persons born with liberty) are exempt from copyright, but corporations (artificial entities unethically recognised as persons by law) are not exempt. So, human beings enjoy their natural right to liberty, and corporations enjoy the monopoly they so enthusiastically lobby for.

Generally, copyright reform is a conceptual trap, a means of lumping together those who’d abolish copyright, with those who’d change or replace it, with those who’d extend and enhance it. Reform is always on the cards. The state will get round to listening to people’s concerns in due course – invariably producing legislation that panders to the concerns of the incumbent powers, not those of the subject populace, e.g. The UK’s Digital Economy Act

If you campaign for copyright reform, at best you campaign for nothing, but the status quo, at worst, for the ratcheting up of that which concerns you. Obviously, if you support copyright, ‘best’ and ‘worst’ should be interchanged.

S is for Software Freedom

Software engineers, notably Richard Stallman and the copyleft movement, have helped demonstrate that copyright is socially counter-productive and uneconomic – however lucrative to the few monopolists in a position to exploit it.

Unfortunately, copyleft has also created a perverse dogmatism that the privilege of copyright is necessary for software freedom. I try to present the arguments against this misunderstanding in Copyleft Without Coercion.

T is for Thomas Paine

Thomas Paine provides a good understanding of natural rights, and helps explain why privileges that annul natural rights in the majority (such as our right to copy) in order to leave them, by exclusion, in the hands of a few (copyright holders), are consequently instruments of injustice.

Also see Thomas Edison’s commendation The Philosophy of Paine

Tom Paine has almost no influence on present-day thinking in the United States because he is unknown to the average citizen. Perhaps I might say right here that this is a national loss and a deplorable lack of understanding concerning the man who first proposed and first wrote those impressive words, ‘the United States of America.’ But it is hardly strange. Paine’s teachings have been debarred from schools everywhere and his views of life misrepresented until his memory is hidden in shadows, or he is looked upon as of unsound mind.

We never had a sounder intelligence in this Republic. He was the equal of Washington in making American liberty possible. Where Washington performed Paine devised and wrote. The deeds of one in the Weld were matched by the deeds of the other with his pen.

U is for University

Universities are supposed to produce and disseminate mankind’s knowledge, not to hoard and guard it, martyring those who would disseminate it – such as Aaron Swartz.

Are you really sure copyright encourages our learning?

V is for Value, not Vendetta

Value is subjective, but don’t confuse the value of the work with the value of the copy. Artistic work is typically expensive and highly skilled. Copies are typically so inexpensive and easily produced that machines can make them by the million.

Pay artists to produce art. Pay printers to produce prints. But for your liberty to make your own copies, pay copyright holders nothing but contempt.

If someone has copied you (without dishonesty/plagiarism), or is selling copies of your work, they are promoting you and to be praised, not to be punished or otherwise persecuted – however much power to do so you imagine copyright says you deserve. Value the contributions of others, don’t be vindictive against them, nor wage vendettas against those the demon of copyright is persuading you are unfairly profiting from your hard work.

W is for Work

Work does not constitute entitlement to payment. One must find those who want the work done, who would pay for it. Being paid for your work is about finding an agreeable, equitable exchange in a free market. Your right is to be at liberty to do so, not to abridge the liberty of others to do so – who may be paid to add value to your work or build upon it.

X is for Xerox

Xerox marked the spot at which making one’s own copies became cheaper than buying them, the moment at which the fate of the 18th century reproduction monopoly became sealed.

Y is for You

You are naturally at liberty to copy – that which you have found, that which you have been given, or that which you have bought. Your natural imperative is to share and build upon your own culture – to ignore copyright. Your natural power and right to copy is in your own hands. That you have been fooled to believe it is instead in the hands of a copyright holder is within your power to remedy. You must snap out of this delusion.

Z is for Zygote

The zygote is a clue that copying and derivation is so much a part of nature that it is essential for the progress of life itself. To copy is in our genes. To copy is human.

That a prohibition on copying, the abridgement of our liberty, is necessary for mankind’s learning and progress, is the lie of all monopolists corrupted by power, from Queen Anne and James Madison to The Estate of Martin Luther King.

Whereas slavery takes all liberties from a few, copyright takes a few liberties from us all.

Learn about liberty, your liberty to learn through copying, your cultural liberty.

The abolition movement continues…

Marko said 4071 days ago :

As usually, delightful. Thanks.

 

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