Piracy Protects Property Rights
Posted by Jerry on September 24, 2007
In India, buying pirated movies is the best way to protect your own property rights.
Pirated movies, videos, music, and software are rampant in the Indian market: they are sold openly, loudly, and prodigiously in the full presence of law enforcement officials, who are often also the patrons of such piracy. Indeed, it goes even further: pirated goods are often sold right on government–public–property!
The Indian constitution recognizes no right to private property, which is actually logically consistent with its constitutionally enshrined Socialist character.
Therefore, there are no economic transactions in India that absolutely exclude the presence of the government at every level.
In the context of pirated movies, when you purchase a legitimate copy of a DVD from a store, you will be wrong to assume that the government has not stepped in somewhere between the creator of the movie and you–the purchaser–of the movie to violate the sanctity of property rights. Further, because of this government interference, you can never be sure that the movie you are going to purchase is the same movie that you wish to purchase.
Recently, I bought the legitimate copies of Babel (on VCD) and 300 (on DVD); naively, I assumed that I had purchased that which I wanted to purchase, i.e., that which I considered was of a value worthy of trading in my money for.
Both movies were so grotesquely mutilated by the government censors that I had no interest left in watching or even owning them and they provided me with no value for the money I had spent. Note that the censorship was actually a government act of fraud and violation of property rights: The movies I ended up inadvertently owning were neither created by the director/producer nor were they the ones I was led into believing as being what I desired to own.
Thus, the knife of government censors slices both ways–they mutilate the property of the creators and fraudulently expropriate the money of the consumers who have no way of ascertaining the integrity of the product they are purchasing. The creator’s property rights are violated and the customer’s right to pursue that which they truly intend to own is also violated.
In this way, the government of India openly commits fraud, invalidates the objective property rights of its citizens, infringes on the property laws of other sovereign nations, and continues to foster piracy on its own turf.
In response to the criminal acts of the government, the Indian people are well justified in resorting to piracy; from what I hear, the pirated versions of the DVDs come directly from the US, bypassing Indian government interference and censorship, and therefore preserves the integrity of the originally intended creations of the movie producers.
Therefore, by having the original creation reach its consumers as properly intended, piracy in fact protects the property of its creators; and by delivering the correct product that the consumers actually wish to purchase, piracy is fostering an honest (non-fraudulent) exchange of value for value.
Of course, that the creators get no gains from the sales of pirated versions of their products is therefore not the fault of the common man in India; for this, they should properly target their blame upon the Indian government as the true originators of piracy and crime.
Notably, the same violation occurs with regard to cable television in India. While the US government treats cable television as a sacrosanct domain because it falls under the private ownership of cable subscribers, in India there is no dearth of government meddling, censorship, and outright blackouts of cable channels on the whims of the Indian Ministry of Communication. This is in obvious disregard for the fact that cable subscription is the private property of individual citizens who spend their hard-earned money to purchase it.
Here again, the Indian government’s utter ineptitude at providing quality programming on broadcast channels–and its refusal to fully privatize broadcast air frequencies and get out of the business of media completely–has forced a majority of Indians to buy or steal cable service. Thus, while stealing cable is a crime, the blame should properly lie on the government as the true originators of the crime.
I’m reminded of Howard Roark’s actions in the Fountainhead. Roark much rather preferred that Keating took all credit for the design of Cortlandt and Roark received nothing for himself (in a sense, giving up his claim to his property–his designs) than have the integrity of his creation compromised. In a sense, this parallels the situation I am describing in India. A creator would rather have his creation released intactly with integrity and exactly as he intended–but have it be pirated–than have some incompetent secondhander in the government (who’s probably never made a movie in his entire life) mutilate his creation and sell it on the market as pseudo-legitimate property.
Of course, the analogy is weak and serves only an illustrative purpose–not a moral justification. Roark’s actions were deliberate and voluntary. Many of the movie-makers whose works get pirated are not even aware of the unlicensed reproduction of their works.