Against Monopoly

defending the right to innovate


Monopoly corrupts. Absolute monopoly corrupts absolutely.

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A customer who's been deceived by someone selling counterfeit goods is indeed the victim of fraud.

Would you agree that the legitimate producer of those goods is also a victim when their reputation is damaged by low-quality counterfeits?

Jesse, No, I wouldn't. There is no right to a reputation. See Rothbard, Ethics of Liberty, e.g ch. 16. http://mises.org/rothbard/ethics/sixteen.asp
There's no right to a reputation, but there is a right to truth (against impairment). Trademarks should simply be a convenient registry for arbitration purposes as to which name identifies which company or products. It should not be about owning names as if property, but disambiguation as a means of preserving the truth of manufacture. Even if trademarks can be concluded to be more trouble than they're worth, the right to truth remains, i.e. against passing off or other deceptive practices. Nothing necessarily wrong with imitations per se, only with misrepresentation.

Property derives from the right to privacy, therefore there is such a thing as intellectual property. There's simply no natural right to prevent others copying what you give them, or to prevent them using something similar that they've come up with independently. That's why copyright and patent are so unethical, because they grant unnatural privileges to IP owners. Without such privileges intellectual property is as perfectly natural as material property.

As for commercial secrets, whilst it may be possible to bind corporations, one cannot alienate people from their right to liberty (freedom of speech), thus people cannot contract away their right to reveal secrets to which they have been made privy. They may lose their employment as a result, but they have violated no rights.

My favourite example of this is the original compiled book of chords and melodies (called lead sheets) for jazz standards. This was called the Fake Book, literally so you could fake it or quickly jump into a jazz tune you didn't know and play along with other musicians. It was mostly compiled illegally through photocopying from various sources and there were various versions. Then in 1974, Berklee College of Music published the "Real Book" which purported to correct all the errors in the earlier fake books. This spawned a rash of imitators or "fake Real Books". Even now it is quite confusing for the Jazz novice to find the right real fake book to use. Right now the dominant standards are the "original Real Book" and the "new Real Book".

As an aside, jazz music could not have thrived in the way it has without violating copyright. From the Wikipedia entry for the Real Book quoting journalist Mark Roman - "I don't know a jazzman who hasn't owned, borrowed, or Xeroxed pages from a Real Book at least once in his career".

Stephan, I'm surprised to see that citation. Rothbard uses his theory of property rights to argue against the right to a reputation, but not before using it to defend copyright!
Crosbie, I can't make heads or tails of your incoherent comment.

Jesse, it's not surprising. Rothbard was right about reputation rights, and anchored it in a coherent view of property. but his copyright views were dashed off and confused--he uses a mousetrap which is an invention, and the scope of patent law, e.g., in a copyrihgt argument--and implicitly rest on the idea that knowledge is property, which is question-begging and which he rejects elsewhere.


There is no such thing as a general right to truth per se; anyone has a right to say anything he wants to anyone even if it's a lie. (That's why libertarians don't believe in perjury laws.) Of course, the corollary is that no one has to believe the words of someone who has a reputation for lying; and a person who gets caught telling a lie risks ruining his reputation and credibility, with all that implies.

Of course, there are situations where lying might have bad consequences, including legal consequences, for a liar. Examples include lying on a job application, lying in making a contract, and lying before a judge. But a firm taking a job application, a person or firm accepting a contract, or a judge hearing a litigant have no right to prevent someone from lying. They do have a right not to accept a job applicant, an offer to contract, or the words of a litigant because they conclude that they have read the written words or heard the spoken words of a liar.

Property does not derive from an alleged right to privacy. (The SCOTUS invented or at least codified the so-called right to privacy in 1962; but at least it never claimed that property derives from such a right.) Privacy must presuppose property and therefore property rights. Alone in his house or office or car, etc., a person has privacy. Does a homeless person enjoy privacy? Well, presumably not, because he has no property.

Bill, without a right to truth, the rights to life and privacy cannot be sufficiently protected.

Privacy is the space about an individual that they can naturally secure against others. It is by creating, enclosing or introducing objects within this secured space that property arises. The right to truth then enables and protects any agreements of trade or loan.

I find your nihilism disturbing... ;-)

I grant you that there can be a wide variety of consequential impairments to truth resulting from intentional deceit, and the ramifications can vary in degree and in persons affected, but a deliberate impairment of the truth (the apprehension thereof) remains antisocial and offensive. The people have a natural interest and ability in pursuing the truth and protecting it against corruption, and thus have a right to truth (which should not be mistaken for a right to determine it).

Bill, without a right to truth, the rights to life and privacy cannot be sufficiently protected.

Crosbie, A simple counter example refutes your argument. If Joe Sixpack tried to beat up a champion boxer or wrestler, the latter would no doubt defend himself successfully. Even if he chose to turn the other cheek, the cops probably would arrest him. The boxer/wrestler doesn't need to invoke the truth of anything to defend himself.

If a mugger tried to beat you up, would you bother with a discourse about "truth" or would you put your dukes up and fight the perp?

Who commits the violence? A policeman arrives and asks you who started it and you lie and say I did. I go to jail. All's fair in love and war eh? There's no right to truth - no consequence to you for your lie, only to the policeman for taking your word. Or perhaps that's ok by you, you'd have it that a priori no-one's word can be trusted, that if evidence (other than witness accounts) cannot be obtained, then the truth of the matter cannot be ascertained. But then, even if evidence was obtained, someone might tamper with it to incriminate someone else, but hey, there's no right to truth, so that someone commits no offence. The whole concept of justice disintegrates, and we're back to survival of the fittest.

No-one can be found to have violated a right if the truth of it cannot be apprehended. If truth must be apprehended in order to protect rights, then truth is a right.

Presumably the truth would be found out in a jury trial. Even if it weren't, it still doesn't follow that property rights rest on some abstract notion called truth. You have concocted an example that begs many questions, such as where property rights come from, the principle of homesteading, the use and exchange of property, etc. None of these ideas rests solely on an abstract thing called truth. I am not denying that telling the truth is important to the growth and success of a market economy. I do deny that it is of sole importance, as I interpret you to be saying.
Bill, I don't think I've ever said any of these ideas rest solely upon truth, or that truth is of sole importance. I've just said we have a right to truth, and that truth is necessary for the protection of other rights, e.g. to life and privacy.

Anyway, truth is a real thing, we just have difficulty sometimes in fully apprehending it. Fortunately, we have a good chance of detecting attempts to pervert our apprehension of it.

Saying that truth is necessary to protect property rights is no doubt correct, but it's not a sufficient condition for their protection, not by a long shot. Oxygen is necessary for property rights to exist too, but I see no mention of it in Locke.
Bill, I agree.
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