Private Property & Natural Rights - and the Dilemma of Intellectual Property
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Private Property & Natural Rights - and the Dilemma of Intellectual Property         


Author: Ray Eston Smith Jr
Date: Nov 21, 2006 15:34

A person has a natural right to control what he produces. Take away
that right and he'll stop producing it. By the same reasoning, a
person has a right to any property that he obtains by voluntary
exchange. Without that right, most products would not be produced.

Land represents a different class of product. Nobody produces land.
However, undeveloped land which is out of contact with society is
worthless. Land acquires value only by association with a society of
productive individuals. Thus, by creating the value of the land, that
society acquires a natural write to own it, except a "society"
cannot own anything. Ownership derives from then natural property
rights of individuals. As free individuals trade with each other, the
land around them acquires value, which enters into their trade
agreements as a common recognition that a particular individual owns a
particular piece of land.
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52 Comments
Re: Private Property & Natural Rights - and the Dilemma of Intellectual Property         


Author: mikegordge
Date: Nov 21, 2006 22:46

Ray Eston Smith Jr wrote:
> If you invent the wheel, then I
> independently re-invent the wheel, why should I have to pay you
> royalties for permission to use an idea that was born in my own brain?

In reality you can only own what you alone can control and protect and
when, or if, that protection requires a third party to become involved,
e.g. the use of police via the sanctity of government legislation,
because in effect an accusation of theft is being made, then the burdon
of proof rests upon he who asserts the wrong-doing, to objectively
prove that the other person has initiated the wrong-doing by stealing
his idea or invention. In fact this process already happens without too
much of a problem, which doesn't mean that an odd unjustice wont or
doesn't occur either way, shit happens.

I believe Rand would have no opition but to agree with this, given her
opposition of the initiation of force to obtain an unearned benefit and
her support of a need of some sort of government run justice system to
resolve such disputes.

Michael Gordge
no comments
Re: Private Property & Natural Rights - and the Dilemma of Intellectual Property         


Author: mikegordge
Date: Nov 22, 2006 03:00

Brian Fletcher wrote:
> "Some sort" of government system? One alternative for funding of such a
> system. User pays,

Its not an *alternative* Brian, its an absolute requirement in a moral
society, consider the alternative, *non-users pay*, now that's hardly
fair is it Brian?

Unless I suppose of course that you are a dopey sadistcial socialist
masochist.

Michael Gordge
no comments
Re: Private Property & Natural Rights - and the Dilemma of Intellectual Property         


Author: tg
Date: Nov 22, 2006 03:38

Ray Eston Smith Jr wrote:
> A person has a natural right to control what he produces. Take away
> that right and he'll stop producing it. By the same reasoning, a
> person has a right to any property that he obtains by voluntary
> exchange. Without that right, most products would not be produced.
>

Let's say I *don't* have that right, but instead I have a gun, which
enables me to control what I produce. Are you saying that I will stop
producing?

-tg
> Land represents a different class of product. Nobody produces land.
> However, undeveloped land which is out of contact with society is
> worthless. Land acquires value only by association with a society...
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Re: Private Property & Natural Rights - and the Dilemma of Intellectual Property         


Author: AlanS
Date: Nov 22, 2006 06:46

"Ray Eston Smith Jr" yahoo.com> wrote:
>All production is a result of human thought and creativity. But
>inventions, books, and software constitute a unique type of product,
>called "intellectual property." Ayn Rand, being a writer and one
>with an exceptional appreciation of human reason and creativity, put
>particular emphasis on the sanctity of intellectual property. But
>I'm not sure she was right. If you invent the wheel, then I
>independently re-invent the wheel,

Fine so far.
>why should I have to pay you
>royalties for permission to use an idea that was born in my own brain?

You of course don't have to pay for inventing the same thing. The
issue starts when you want to make a profit out of it. Making profit
is not a fundamental human right, and an arbitrary but reasonable
condition is that the first one to put an idea to use is given the
financial control, for some time at least.
>It seems like I would be giving up my most basic property right - my
>ownership of my own mind.
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Re: Private Property & Natural Rights - and the Dilemma of Intellectual Property         


Author: tg
Date: Nov 22, 2006 07:51

AlanS wrote:
> "Ray Eston Smith Jr" yahoo.com> wrote:
>
>>All production is a result of human thought and creativity. But
>>inventions, books, and software constitute a unique type of product,
>>called "intellectual property." Ayn Rand, being a writer and one
>>with an exceptional appreciation of human reason and creativity, put
>>particular emphasis on the sanctity of intellectual property. But
>>I'm not sure she was right. If you invent the wheel, then I
>>independently re-invent the wheel,
>
> Fine so far.
>

Except the part about Ayn Rand being a writer, and having any
appreciation of creativity.
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Re: Private Property & Natural Rights - and the Dilemma of Intellectual Property         


Author: Ray Eston Smith Jr
Date: Nov 22, 2006 09:49

mikegordge@xtra.co.nz wrote:
> Ray Eston Smith Jr wrote:
>
>> If you invent the wheel, then I
>> independently re-invent the wheel, why should I have to pay you
>> royalties for permission to use an idea that was born in my own brain?
>
> In reality you can only own what you alone can control and protect and
> when, or if, that protection requires a third party to become involved,
> e.g. the use of police via the sanctity of government legislation,
> because in effect an accusation of theft is being made, then the burdon
> of proof rests upon he who asserts the wrong-doing, to objectively
> prove that the other person has initiated the wrong-doing by stealing
> his idea or invention. In fact this process already happens without too
> much of a problem, which doesn't mean that an odd unjustice...
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Re: Private Property & Natural Rights - and the Dilemma of Intellectual Property         


Author: DougC
Date: Nov 22, 2006 12:28

Ray Eston Smith Jr wrote:
> A person has a natural right to control what he produces. Take away
> that right and he'll stop producing it. By the same reasoning, a
> person has a right to any property that he obtains by voluntary
> exchange. Without that right, most products would not be produced.

Karl Marx would dispute that.

Doug Chandler
no comments
Re: Private Property & Natural Rights - and the Dilemma of Intellectual Property         


Author: Tim
Date: Nov 22, 2006 13:04

"Ray Eston Smith Jr" yahoo.com> wrote in message
news:1164152048.980473.127200@e3g2000cwe.googlegroups.com...
>A person has a natural right to control what he produces. Take away
> that right and he'll stop producing it. By the same reasoning, a
> person has a right to any property that he obtains by voluntary
> exchange. Without that right, most products would not be produced.
>
> Land represents a different class of product. Nobody produces land.
> However, undeveloped land which is out of contact with society is
> worthless. Land acquires value only by association with a society of
> productive individuals. Thus, by creating the value of the land, that
> society acquires a natural write to own it, except a "society"
> cannot own anything. Ownership derives from then natural property
> rights of individuals. As free individuals trade with each other, the
> land around them acquires value, which enters into their trade
> agreements as a common recognition that a particular individual owns a
> particular piece of land.
>
> All production is a result of human thought and creativity. But
> inventions, books, and software constitute a unique type of product, ...
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Re: Private Property & Natural Rights - and the Dilemma of Intellectual Property         


Author: mikegordge
Date: Nov 22, 2006 13:51

Ray Eston Smith Jr wrote:
> Maybe my question is historical rather than philosophical. In actual
> practice, how odd are the injustices, how much shit happens? How
> often do big corporations with high-powered lawyers steal ideas of
> independent inventors? How often do big corporations get patents on
> ideas that were "in the air" as a result of ideas being bounced around
> by hundreds of individuals?

You make it sound as if big corporations are the only things of evil,
is it no wonder the loony left jump on such statements and use them as
confirmation and justification of their own evilness when advocates of
freedom speak of corporations in such a manner?

Fact is, just as many ideas have been stolen off big corporations by
evil human individuals and fact is, corporation is only a name given to
an intermediary between human individuals who produce goods and or
services and human individuals who wish to purchase them. Corporations
are still run and controlled by human individuals, they deserve no
special treatment status nor mention than the human individuals who
manage and own them.
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