government the next time it slips into McCarthyism, or worse, and starts listing and blacklisting people with certain political sympathies?
If you build a system for mass surveillance, there will be a system for mass surveillance ready the day someone wants to use it for other purposes. This is the bottom line in the file sharing debate.
Chapter 4
Copyright Is Not Property
The Copyright Monopoly Is A Limitation Of Property Rights The concept of property is older than history, probably as old as mankind itself.
But the copyright monopoly is not a property right. It is a limitation of property rights. Copyright is a government-sanctioned private monopoly that limits what people may do with things they have legitimately bought.
All too often, we hear the copyright lobby talk about theft, about property, about how they are robbed of something when someone makes a copy. This is, well, factually incorrect. It is a use of words that are carefully chosen to communicate that the copyright monopoly is property, or at the very least comparable to property rights.
This is only rhetoric from the copyright lobby in an attempt to justify the monopoly as righteous: to associate “the copyright monopoly” with a positive word such as “property”. However, when we look at the monopoly in reality, it is a limitation of property rights.
Let’s compare two pieces of property: a chair and a DVD.
When I buy a chair, I hand over money for which I get the chair and a receipt. This chair has been mass- produced from a master copy at some sort of plant. After the money has changed hands, this particular chair is mine. There are many more like it, but this one is mine. I have bought one of many identical copies and the receipt proves it.
As this copy of the chair is mine, exclusively mine, there are a number of things I can do with it. I can take it apart and use the pieces for new hobby projects, which I may choose to sell, give away, put out as exhibits or throw away. I can put it out on the porch and charge neighbors for using it. I can examine its construction, produce new chairs from my deductions with some raw material that is also my property, and do whatever I like with the new chairs, particularly including selling them.
All of this is normal for property. It is mine; I may do what I like with it. Build copies, sell, display, whatever.
As a sidetrack, this assumes that there are no patents on the chair. However, assuming that the invention of the chair is older than 20 years, any filed patents on this particular invention have expired. Therefore, patents are not relevant for this discussion.
Now, let’s jump to what happens when I buy a movie.
When I buy a movie, I hand over money and I get the DVD and a receipt. This movie has been mass- produced from a master copy at some sort of plant. After the money has changed hands, this particular movie is mine. There are many more like it, but this one is mine. I have bought one of many identical copies and the receipt proves it.
But despite the fact that this copy of the movie is mine, exclusively mine, there are a number of things that I may not do with it, prohibited from doing so by the copyright monopoly held by somebody else. I may not use pieces of the movie for new hobby projects that I sell, give away, or put out as exhibits. I may not charge the neighbors for using it on the porch. I may not examine its construction and produce new copies. All of these rights would be normal for property, but the copyright monopoly is a severe limitation on my property rights for items I have legitimately bought.
It is not possible to say that I own the the DVD when viewed in one way but not when viewed in another. There is a clear definition of property, and the receipt says I own the DVD in all its interpretations and aspects. Every part of the shape making up the DVD is mine. The copyright monopoly, however, limits how I can use my own property.
This doesn’t inherently mean that the copyright monopoly is bad. It does, however, mean that the monopoly cannot be defended from the standpoint that property rights are good. If you take your stand from there, you will come to the conclusion that the copyright monopoly is bad as it is a limitation of property rights.
Defending the copyright monopoly with the justification that property rights are sacred is quite like defending the death penalty for murder with the justification that life is sacred. There may be other, valid, justifications for defending the copyright monopoly and these limitations of property rights — but that particular chain of logic just doesn’t hold.
But if copyright isn’t a property right, what is it and where does it come from, and how did it become such a big thing in today’s society? To answer these questions, we shall have a look at the history of copyright. It turns out that it differs quite strongly from what you usually hear from the copyright industry.
1400s: The Printing Press Threatens To Disrupt Power
We’re starting with the advent of the Black Death in Western Europe in the 1350s. Like all other places, Europe was hit hard: people fled westward from the Byzantine Empire and brought with them both the plague and scientific writings. It would take Europe 150 years to recover politically, economically and socially.
The religious institutions were the ones to recover the slowest. Not only were they hit hard because of the dense congregation of monks and nuns, but they were also the last to be repopulated, as parents needed every available child in the family’s economy, agriculture, etc, in the decades following the plague.
This is relevant because monks were the ones making books in this time. When you wanted a book copied, you would go to a scribe at a monastery, and they would copy it for you. By hand. No copy would be perfect; every scribe would fix spelling and grammatical errors while making the copy, as well as introduce some new ones.
Also, since all scribes were employed (read controlled) by the Catholic Church, there was quite some limitation to what books would be produced. Not only was the monetary cost of a single book astronomical — one copy of The Bible required 170 calfskins or 300 sheepskins (!!) — but there was also a limit to what teachings would be reproduced by a person of the clergy. Nothing contradicting the Vatican was even remotely conceivable.
By 1450, the monasteries were still not repopulated, and the major cost of having a book copied was the services of the scribe, an undersupplied craft still in high demand. This puts things in proportion, given the astronomical cost of the raw materials and that they were a minor cost in ordering a book. In 1451, Gutenberg perfected the combination of the squeeze press, metal movable type, oil based print inks and block printing. At the same time, a new type of paper had been copied from the Chinese, a paper which was cheap to make and plentiful. This made scribecraft obsolete more or less overnight.
The Catholic Church, which had previously controlled all information (and particularly held a cornered market on the scarcity of information), went on a rampage. They could no longer control what information would be reproduced, could no longer control what people knew, and lobbied kings across Europe for a ban on this technology which wrestled control of the populace from them.
Many arguments were used to justify this effort, trying to win the hearts of the people for going back to the old order. One notable argument was “How will the monks get paid?”.
The Catholic Church would eventually fail in this endeavor, paving the way for the Renaissance and the
