Category Archives: Intellectual Property

Two women wearing the same dress

Two women wearing the same dress is sometimes a criminal matter.

Two blondes, one dress – a recipe for a catfight

Drinks were thrown and blood was spilt when two blondes clashed in a bar about who looked best in a silver dress, a jury has been told.

Victoria Clapham, 22, wore the dress on a night out in central Wellington late last year. It was given to her by her friend Matthew Vibert and his mother – but she says she did not know he had previously given it to another woman.

Its first owner, Bridget Masters, 20, was Mr Vibert’s former girlfriend, and sparks flew when the two blondes crossed paths in the toilets at the former Temperance Bar on November 28.

In Wellington District Court yesterday Ms Clapham denied telling Masters that the dress looked better on her. The dress is not an exhibit in court and was not photographed for the jury to see.

I Googled “two women wearing the same dress”.

I found this

and this

and this

but I couldn’t find a picture of two women wearing the same dress. The very same dress.

Your search – “two women wearing the very same dress” – did not match any image results.

In philosophy, we call the distinction between the same dress and the very same dress the type–token distinction.

the type–token distinction is a distinction that separates a concept from the objects which are particular instances of the concept. For example, the particular bicycle in your garage is a token of the type of thing known as “The bicycle.” Whereas, the bicycle in your garage is in a particular place at a particular time, that is not true of “the bicycle” as used in the sentence: “The bicycle has become more popular recently.”

You can own a bicycle (token). But you can’t own the bicycle (type). You can own an instance of a concept. But you can’t own a concept.

Advocates of so-called “intellectual property” would claim otherwise. They believe in patents. ‘Patent’ is basically a euphemism for a government granted and enforced monopoly. Were the government to grant you a patent on the bicycle, it would place a restriction on the freedom of everyone else to do what he wishes with his own property. (E.g., if you patent a bike, then that means I can’t use my steel and rubber to make my own bike!)

Concepts are mental entities. The ‘bicycle’ concept exists in the mind/brain of everyone who knows what a bicycle is. The ‘bicycle’ concept is part of me, and I claim ownership, because I claim self-ownership. You have a patent on the bicycle? Sorry, mate. Your freedom ends where my nose begins. On yer bike!

[Hat tip: David Peterson]

Megaupload vs. YouTube

An analogy may help. You have this warehouse that allows people to deposit copies of films and music. Then you allow other people to visit and take away those copies. At best, you don’t charge for such a service, yet you provide a facility for the transaction. What are you guilty of? Certainly not of the original theft. But you’re a fence. Did you know the goods were stolen? Perhaps not. But is your ignorance any defence? A reasonable person would say no.

The analogy is to Megaupload. But it might as well be to YouTube. What’s the difference?

There is an old (or perhaps not so old) adage, “It’s easier to ask forgiveness than it is to get permission.” This seems to be the principle by which YouTube operates. Copyright holders must opt out of having their copyright infringed, rather than opt in by giving (or not giving) permission to copy.

Copyright infringement is rifest where condemnation of copyright infringement is the loudest. Excuses abound.

I gave full attribution of source.
It was open content, not subscriber.
I was helping them in this instance.
I was criticising, reviewing and reporting some … news. Fair use.
Some makers of film/ music are quite happy to let their work be copied.
When someone posts a video clip that violates copyright to YouTube they are told to remove it.
We have to take it on faith that the videos on YouTube that have been copied without approval are taken down again.
Some are old and the owner of the copyright doesn’t intend to make any more money from them and gives them away free.
Many bands/popsingers these days want to show that they are “down with the kids” and don’t enforce their copyright on video clips, but probably actually see it as being good advertising for their music.

They probably do. But how would you ever know? The “it’s not a copyright violation unless someone complains” philosophy in evidence here just doesn’t wash.

In any case, can YouTube avail itself of the above excuses, weak as they are? A reasonable person would say no. In the Cannibal Corpse video I posted yesterday, at the beginning of the video we read the notice, “Ripped by Prince of Darkness,” and at the end there is a link to his website, MadhouseHQ. What’s more, YouTube includes the video in question in its YouTube Mix for Cannibal Corpse. And, not only that, but YouTube hosts his blog (both YouTube and Blogger are Google-owned), which is a collection of links to the likes of (the now deceased) megaupload.com and mediafire.com.

What will the Feds do next? Pull the plug on YouTube? I sincerely hope not. When copyright laws are enforced, the collateral damage is too great. Instead, let’s try to grow a voluntary culture of respect. Respect for the productive. Respect for the artists. Embed their videos, but also buy their CDs and buy their merchandise. That’s fair use.

Blackout

Wikipedia is blacked out globally for 24 hours to protest SOPA and PIPA. Wikipedia says

The originally proposed bill would allow the U.S. Department of Justice, as well as copyright holders, to seek court orders against websites accused of enabling or facilitating copyright infringement.

YouTube is such a website.

Lucky for us that the world’s most famous Objectivist is on our side.

[Cross-posted to SOLO.]

Copying is not theft

Copying is not theft and copyright is not a property right.

Here are some other things which aren’t theft.

  • Rape
  • Murder
  • Adultery
  • Perjury

And here are some other rights which aren’t property rights.

  • The right to life
  • The right to liberty
  • The right to the pursuit of happiness
  • The right to a fair trial

Copying is not theft and copyright is not a property right. It baffles me that so many libertarians (Objectivists, especially) don’t seem to get this. Perhaps it’s because anarchists release viral videos like this one which confound two distinct claims, viz., copying isn’t theft and copying is fun.

Copying isn’t theft, but neither is rape. And rape isn’t fun. So perhaps copying isn’t good, clean fun, either, even though it’s not theft.