Is Intellectual Property Really Necessary? IP in a digital world.

in ip •  8 years ago  (edited)

Back in the late 90s when Napster and other peer to peer file sharing programs popped up, most of my classmates were using them pretty heavily due to the fact that we had some of the earliest high speed internet connections at universities. I think most of us sort of had the opinion that sharing copyrighted material was stealing, but because we were all poor students and felt anonymous, it seemed okay to do anyway. Needless to say, regardless of our feelings on this subject, nobody felt the need to call the cops. But then I started thinking more critically about it right around the time that the RIAA started going after individuals instead of the companies that ran the file sharing networks, due to my empathy for the people who were targeted by this campaign.
I did the thought experiment which consists of the following questions. If I make a copy of something, and I don’t compromise the integrity of the original, am I stealing something from the person who possesses the original? Is this a violation of the Non-Aggression Principle (NAP)? They're not actually missing something when I make a copy, are they? No matter how many arguments for IP I listened to in discussions online, I was unable to answer with a resounding “yes.” In fact, the people whose “property” had been copied would never have known that another copy was out there except for the fact that they could go on the very same file sharing network and see that it was possible to download a copy for themselves. The copies being made cost the originators of the content absolutely nothing. Since this fact is self-evident, there can't be any victim in this scenario, which is a requirement for a crime to have occurred.
I went one step further during that same time because I was reading several books that postulate a computational theory of mind. Basically, this is the assertion that anything that goes on inside the human mind can be boiled down to a series of computations and algorithms. So if this is true, which I now believe it to be, that the mind is basically a very complex computer, simply remembering a song, something you read, a picture of a schematic, or what a Picasso looks like, are all the equivalent of just making digital copies of those media. Should it be illegal for people to have memories of something that another person thought up? The answer is absolutely not. You own what's inside your mind, whether it originated there or not. Therefore, if you make an analogous copy of something on a machine that you own, the same rule must apply, that you own everything that's on it, regardless of where the information originated, especially if you didn't take any actual physical object from someone else in the process. Because of this thought experiment and the conclusions I've come to, I believe that intellectual property is not a real thing, and that protection of it is a violation of the NAP. You are actually aggressing if you enforce it.
If you disagree, please tell me why in the comments below. Looking forward to finally having this discussion in a place where I won’t be shouted down (or censored) for my thoughts on this subject.

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I agree with you. Several months ago I listened to a lawyer who is an IP expert make the case on The Jason Stapleton Program that there is actually no such thing as IP (I'm sorry I don't have a link). I was fascinated by the discussion. Without trying to remember all the details of his arguments, he basically made the distinction between real (i.e. tangible) things versus abstractions like intellectual property.

Basically it comes down to the difference between theft and fraud. You can't steal someone's idea (like a song or story) that they voluntarily introduce into the public domain because those things aren't physical, or "real". But you can commit fraud (a violation of the NAP) by attempting to pass off someone else's work as your own.

  ·  8 years ago (edited)

Did it happen to be Stephan Kinsella? I was trying to search the show you mentioned, but it's not coming up. Stephan Kinsella is the only lawyer/anti-IP guy I know of though.
Edit: found the episode here. It was Stephan Kinsella. http://www.stitcher.com/podcast/stephan-kinsella/kinsella-on-liberty/e/kol196-the-jason-stapleton-program-intellectual-property-41036189

Yes that sounds right. Now I need to go back and listen to the show. It's good stuff.

Yeah, that's a distinction some people have a hard time with when they hear my argument. They don't realize that playing a Michael Jackson song at your rock show isn't the same thing as pretending to be Michael Jackson. Since Michael Jackson isn't performing and you are, you own the benefits of the performance in that venue. People wouldn't pay to come see you if you sucked at playing MJ's tunes.