Leitmotif

Reason as the Leading Motive

Posts Tagged ‘property rights’

The Right to Property

Posted by Jerry on February 28, 2008

There’s an interesting discussion on the free market and individual property rights raging on Daylight Atheism. Tim (from Evanescent) had alerted me to the discussion. The post is a review of Michael Shermer‘s recent book “The Mind of the Market.” Most of the commentors there are mixed-economy cultists and Socialists.

I have posted two comments there so far. I encourage other Objectivists to do the same; I believe that blogs play a pivotal role in the dissemination of ideas at the grassroots level; it is how I explored Objectivism (by discovering Diana Hsieh’s blog very early on, among others), I know of several people who have been introduced to Ayn Rand and have even become Objectivists through reading my blog, and I believe it may be how many people (particularly the young) investigate and learn new ideas these days.

Below is one of the comments I left on Daylight Atheism, on the nature of the right to own property. I tried to make my comment as simply stated as possible so that readers who are utterly unfamiliar with the Objectivist theory of rights can grasp the premises easily:

The right to own property is the right that makes all other rights *practicable*, that is, possible to be practiced in reality.

The above principle is the political parallel of the metaphysical fact that humans are integrated entities of mind and body: there is no dichotomy or dualism between the two.

Since only individuals can think, the thoughts are undeniably and inextricably an individual’s *own*. The practical manifestation or implementation of his thoughts, therefore, are also his own–they are borne out of his actions motivated by his reasoning abilities.

However, while a man can never be denied of his thoughts, man can indeed be denied of the products or manifestation of his thoughts by the use of force or fraud from other individuals. This raises the necessity of establishing a moral principle among men that will objectively protect one man’s ownership (each man’s ownership) to the product of his thoughts, namely, the right to own property. This is the basis of the right to property, in brief.

The right to property is the moral principle that protects man’s ownership to the products of his thoughts (like, the right to own the book I wrote). To deny this right to the product of one’s thought is the political parallel of metaphysical dualism–to divorce man’s body from his mind, to invent a soul (religion), to invent a collective Borg (Socialism/Communism), to condemn man to brute physical existence (dictatorship, Statism), to divorce man’s faculty of reason from its practical uses and applications (Idealism).

To live, man must use his mind in dealing with reality. He must therefore be permitted to act freely on the directions given by his mind, his reasoning faculty, in order to tackle the task of survival. This includes being left free to create, fabricate, invent, or procure by means of free trade property that he believes might help him in achieving his goal. He may end up acting irrationally or erroneously; but he must be free to do this as well. He is however not free to initiate force or act fraudulently, because this undercuts the very basis of the freedom upon which he himself seeks to act.

Posted in Ayn Rand, Economics, My Theories and Ideas, Objectivism, Philosophy, Political Issues, Rights and Morality, The Best of Leitmotif, Uncategorized | Tagged: , , , , , , , , , , | 4 Comments »

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.

EDIT:

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.

Posted in Culture, Economics, General Work/Life, India, Movies, Mumbai, My Theories and Ideas, Philosophy, Political Issues, Rights and Morality, The Best of Leitmotif, Uncategorized | Tagged: , , , , , , , | 5 Comments »

 
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