Anubhav comments on What Curiosity Looks Like - Less Wrong

31 Post author: lukeprog 06 January 2012 09:28PM

You are viewing a comment permalink. View the original post to see all comments and the full post content.

Comments (283)

You are viewing a single comment's thread. Show more comments above.

Comment author: Anubhav 12 January 2012 07:46:18AM *  1 point [-]

However, I was not talking about anything remotely resembling the loss to buggy whip manufacturers when you buy a car. I was referring to the elementary fact that when you pay for something, the money you lose by paying for it goes to other people; what you lose, they gain.

Broken window fallacy. If they don't gain, someone else does.

But what you quoted here was not the entirety of your reply, in an important respect: "doing something wrong" was a hyperlink to library.nu.

Touche, I hadn't thought of that. So the entirety of my reply is:

If their default response to seeing a book they might want to read is 'I'm gonna buy it!!', they're doing something wrong. Here's how they can do it better: Pirate the book. Also, I know this awesome site where you can do exactly that...

But I still don't see how you can interpret that to mean: "There's something wrong with buying books, you should exclusively pirate them," which is what you seem to be arguing against.

The fact that an issue has been taken up by a single-issue political party doesn't mean that discussing it constitutes wandering into politics.

Semantical dispute. Whether you call it 'politics' or not, my mind recognises it as an exclusively political issue, and, as such, is already beginning to die. For instance, if I hadn't jumped directly (although without consciously intending to) to the 'put down this political opponent' mode, I might've said 'the benefits of free knowledge to millions far surpass the monetary losses to a few thousand; if you think otherwise, it's probably scope insensitivity.' Instead I said....

Do you support the damnable Buggy Whip Party, Comrade Gjm? Do you?

... I guess I need to work on that.

I am not arguing here ... that it is always (or even usually) a Bad Thing to copy things illegally. I am saying only that there are not-obviously-crazy reasons why someone might prefer to pay for a physical book rather than copying an illicit electronic copy. They aren't all legal reasons, either.

I don't know why you keep repeating that, since both of us agree perfectly about it.

Comment author: gjm 12 January 2012 07:35:59PM 2 points [-]

Broken window fallacy.

Huh? What does the broken window fallacy have to do with the fact that if I pay you $10 for a book, then my loss of $10 (and gain of a book) is exactly balanced by your gain of $10 (and loss of a book)?

But I don't see how you can interpret that to mean [...]

I didn't. I took it to mean "A person's default way of getting a book they want to read should be piracy rather than purchase". And it seems to me that if you're going to make that claim then either you should be offering some sort of comparison of the two options, or else it should be obvious that piracy is the better option. Which I don't think it is, for (at least) the two reasons I gave: some people might value keeping the law in this respect, and some people might value having a physical book rather than an electronic copy.

my mind ... is already beginning to die.

OK, fair enough. I don't want to keep you arguing about something that impairs your reasoning.

(I'm sure "the benefits of free knowledge to millions far surpass the monetary losses to a few thousand" is a good argument for something but it's far from clear to me how it can be a good argument for, e.g., "when you see a book you're interested in you should generally make an electronic copy rather than buying it, even if that happens to be illegal". The latter isn't a matter of millions versus thousands, and it can only be made so by turning it into some claim about what everyone should do, and if really-truly-everyone follows that advice then it seems likely that the impact on people who write books will be large, at which point you can't negate the ensuing higher-order effects.)

I don't know why you keep repeating that

Because most of what you've said seems to presuppose that it's false. I suppose I must be misunderstanding somewhere since you say you agree and haven't retracted anything, but I'm not sure what I'm misunderstanding. So let me ask a more specific question. Suppose I am a person who likes physical books much much better than electronic ones, prefers to stay within the law when possible, and wants authors and publishers and booksellers to get paid. And suppose that when I see a book I'm interested in, what I contemplate doing is buying it rather than getting a copy from library.nu or wherever. Am I, in that case, necessarily doing something wrong? If so, what? If not, are you going to retract your original statement or have I grotesquely misunderstood what it was meant to mean?

Comment author: Anubhav 13 January 2012 02:58:10AM 1 point [-]

j And suppose that when I see a book I'm interested in, what I contemplate doing is buying it rather than getting a copy from library.nu or wherever.

Every time you see a book that looks interesting? If that were true, then, as you said,

my house would be physically filled with books and I would have no money left.

If not, then it's not a default. I'm guessing the default is, 'meh, it's probably not worth the money,' and this default is overridden on rare occasions by the other alternatives of 'I'm gonna buy it' or 'I'm gonna pirate it, ARRR!'

....After this, it's tempting to believe that this whole discussion was just a semantic dispute over the meaning of 'default', but that doesn't explain the last part of you first comment on this thread:

But my default response to seeing a book I might want to read isn't exactly "I'm gonna buy it!"; if it were then my house would be physically filled with books and I would have no money left.

Which seems to indicate that you agree with my usage of 'default', so I'm still confused about where exactly the misunderstanding is.

I'm sure "the benefits of free knowledge to millions far surpass the monetary losses to a few thousand" is a good argument for something but...

Ugh, another irrelevant political argument from my side. Funny how I don't notice I'm replying to something other than the actual contents of the post until I have it pointed out to me. Hadn't realised quite how severe the mind-killing is.

I should probably just tap out of this discussion for a while now.

Comment author: gjm 13 January 2012 08:34:26PM 1 point [-]

If that were true, then, [...] If not, then it's not a default.

As I said: what I contemplate doing. Of course I often don't then buy the book. (But I do have an Amazon wishlist with over a thousand books in it.)

Comment author: Anubhav 14 January 2012 07:53:32AM 0 points [-]

Looking over this conversation, we seem to have implicitly agreed that 'response' means thinking of something and DOING IT, instead of thinking of something and then rejecting it later. (I'm not sure I had that nuance in mind when I wrote it, but then the meaning kind of drifted in the ensuing conversation...)

And then I applied the exact same sense to 'contemplate'.

I'd still argue that your defaults are flawed. (If you don't buy most books you find interesting, why is that the first thing that your mind suggests when you encounter an interesting book?)

Comment author: [deleted] 14 January 2012 12:10:23PM 1 point [-]

I expected the “DOING IT” link to go here instead.

Comment author: Anubhav 15 January 2012 02:10:32AM 0 points [-]

Hadn't heard of it before. A very useful find.

Comment author: gjm 14 January 2012 11:19:18AM 0 points [-]

I certainly haven't agreed (implicitly or otherwise) that "your default response to X is to think of Y" means that when X happens you actually do Y. As I said before, I took you to be talking about what happens in those cases in which you decide to actually get hold of the book (because if instead your meaning were "you often shouldn't bother getting the book at all" then (1) you were stating the obvious and (2) your link to library.nu was kinda irrelevant). Everything I've said has been based on that premise.

If you're now saying that your point was that actually literally thinking "I'm going to get that book" as soon as you find it interesting is silly -- well, yeah, it is, and it never occurred to me that anyone would think otherwise. My apologies if I've contributed to confusion here...

Comment author: Anubhav 15 January 2012 02:47:25AM 2 points [-]

Ah.... we seem to have different models of what people do when they find an interesting-looking book. You're model is:

  1. See interesting-looking book.
  2. Decide whether to get hold of it.
  3. If 2 returns 'Yea', decide whether to buy or pirate it.

whereas my model is

  1. See interesting-looking book
  2. Decide whether to buy or pirate it NOW
  3. If 2 returns 'ERROR: system overload', postpone the decision

So when I was talking about your response right after seeing the book, I was talking about the buy/pirate decision, which occurs later in the decision-making process for you.

Anyhow, I will restate my point as as 'If "buy it" is the first thing that your brain suggests to you once you've decided to get hold of a book, you're doing something wrong.'

But that one's just a nitpick. The more important takeaway is 'If you buy all or even a large fraction of the books you decide to get hold of, you're doing something wrong. (Unless the number of books you ever decide to get hold of is tiny.)'

Comment author: gjm 15 January 2012 08:02:49PM 1 point [-]

I will restate my point as 'If "buy it" is the first thing that your brain suggests to you once you've decided to get hold of a book, you're doing something wrong.'

Which is exactly what I always took you to be saying, and what I was arguing against by pointing out that some people might have (strong) preferences (1) against illegal copying or (2) for having physical copies of one's books, and that unless there's something plainly wrong with having such premises then your claim is implausible or at least needs more support.

Anyway. Yes, my model is nearer the first than the second of the ones you describe. Actually my process is something like this: (1) See interesting-looking book. (2) Add it to my monstrously long Amazon wishlist. (3) Consider whether I actually want a copy enough to bother paying for it; if so, buy it. (4) Consider whether I want to borrow it from a library; if so, do so at a convenient opportunity. As a matter of policy I don't pirate books it they are legally available at a not-completely-insane price; I am not claiming that this policy is optimal for me, never mind for other people whose values and/or resources may differ substantially from mine. I don't find myself with any shortage of useful reading matter and reference works this way; in fact, I have a backlog of something like 350 books sitting on my shelves waiting to be read. If you think it's clear that I'm doing something wrong by not pirating books in preference to buying them, please feel free to convince me. (Possibly relevant facts: I am reasonably well off and think it likely that the transfer of money from me to the bookseller and thence to various people associated with the production and sale of the book is utility-positive overall; so far as I can tell by introspection, having more money as a result of pirating books rather than buying them would not make me give more to charitable causes; I very much prefer having physical copies of the books I read; it pleases me that the people whose books I enjoy reading get some benefit from my reading them; I don't think it's feasible to reward them by sending them money directly instead.)

Comment author: Anubhav 16 January 2012 05:38:06AM 1 point [-]

I realise that there were a lot of unnoticed background assumptions in my original post.

(3) Consider whether I actually want a copy enough to bother paying for it; if so, buy it.

Here is where my assumptions trip up; my reaction to a 'not sure' at this stage would be 'whatever, let's just download it and see if it's interesting/useful'. While your reaction seems to be 'borrow it from library', or, failing that, 'meh, screw it'.

I am not claiming that this policy is optimal for me

Come on, that's just equivalent to throwing in the towel. Why not look for ways to optimise it if it's not optimal?

I have a backlog of something like 350 books sitting on my shelves waiting to be read.

How many of those do you think you'll ever actually read? I see that as a phenomenal waste of money.

by introspection, having more money as a result of pirating books rather than buying them would not make me give more to charitable causes

I maintain that this is sub-optimal, and that which is sub-optimal should be optimised. I find it inconceivable that you can't find any good use for the money you save by not buying books... So why wouldn't you put it to those uses?

I very much prefer having physical copies of the books I read

This is one of the things that I really can't argue against without arguing that people shouldn't have exclusive rights to decide where they spend their money. I'm not willing to bite that bullet just yet.

I can point out that this preference might just be status quo bias. Of course, that's not necessarily the case.

I do have one (1) Fully General Counterargument though, read on....

it pleases me that the people whose books I enjoy reading get some benefit from my reading them

Ah, but does that really rank higher on your preference rankings than existential risk reduction?

But this does show me that my view was overly simplistic and that I've veered too far into other-optimisation. I should probably end this discussion now.

Comment author: gjm 16 January 2012 09:50:19PM 1 point [-]

Why not look for ways to optimise it if it's not optimal?

Because there are a million other things in my life that aren't optimal, and the way I deal with books leaves me reasonably well satisfied even though it may not be optimal. (Note also that I only said I don't claim it's optimal even for me; it may in fact be optimal for me, but I don't have any sort of proof and don't wish to spend the time and energy it would take to defend the claim if I made it.)

How many of those do you think you'll ever actually read?

Approximately all of them. My book-reading rate isn't much slower than my book-buying rate.

I see that as a phenomenal waste of money.

Aside from the fact that (as already noted) I expect to read the great majority of them eventually, I refer you to Umberto Eco's essay on "How to justify a private library" (part of his collection entitled "How to travel with a salmon", which also contains useful advice on "How to recognize a porn movie" and "How to go through customs"), which I shall not quote here; you may pirate the book at your leisure and read it yourself.

In any case, having (let's say) $5000 of wealth tied up in books I haven't read yet (providing me with goods such as an ample choice of the next thing to read when I finish one, reinforcement of my notion of myself as an erudite intellectual sort of chap, helping to support the portion of the economy concerned with books, having lots of interesting things sat around for my daughter to read as she grows old enough to appreciate them, etc.) seems to me no worse than having a similar sum tied up in having a slightly nicer car or house than one needs. Especially as the books were almost all purchased at good prices (used, or while nicely reduced on Amazon, or whatever) and probably retain a substantial fraction of the value I paid for them -- unlike, e.g., the car. None of which means it's a good thing -- it might or might not be -- but it's at any rate no worse than indulgences that I bet you don't bother to criticize when you find them in others. Or, who knows?, in yourself.

that which is sub-optimal should be optimised

I think that principle is sub-optimal. Things that are probably sub-optimal include (for me as for just about everyone else alive) my diet, my job, my sex life, my political beliefs, my choice of reading matter, my choice of other leisure activities, my selection of friends, the set of skills I've taken the trouble to acquire, my financial arrangements, my dress sense, my relationships with family and friends, ... and if I attempted to optimize everything sub-optimal I'd have no time or energy left for anything else.

I find it inconceivable that you can't find any good use for the money you save by not buying books

I didn't say that. I was just deflecting one more specific objection. I'm sure I could find other good uses for the money. I see no reason to think they'd be any better than buying books.

this preference might just be status quo bias.

Yup, it might be status quo bias. I am aware that I am slower-than-optimal to make major changes in my life, and I expect the two things are related.

Ah, but does that really rank higher on your preference rankings than existential risk reduction?

It ranks higher on my preference rankings than saving the cost of the book by pirating it. So, out of {do nothing, pirate, buy} I choose buy over pirate. The remaining question is whether it's wrong for the enjoyment of reading to rank above existential risk reduction (or saving the lives of poor people in Africa, or influencing national politics, or any of the other Big Things I could do with my money instead of indulging myself), and on that I'm the same pile of contradictions and hacks as everyone else, which I justify (in so far as I do) in what I take to be the usual ways: staying sane and happy probably lets me contribute more to those things in total, my self-centred preferences are what they are and I shouldn't pretend otherwise, etc., etc., etc.

I should probably end this discussion now.

In which case, I apologize if any of the foregoing seems to require a response. Please be assured that if none is forthcoming I shall neither say nor think that it means you're conceding any point you don't concede explicitly :-).

Comment author: wedrifid 15 January 2012 04:53:34AM 1 point [-]
  1. See interesting-looking book.
  2. Decide whether to get hold of it.
  3. If 2 returns 'Yea', decide whether to buy or pirate it.

4. Decide whether to tell people about my criminal tendencies on the internet.

Comment author: [deleted] 15 January 2012 05:13:04AM 2 points [-]

criminal

As a legal term, "criminal" does not apply here.

Comment author: Anubhav 15 January 2012 04:57:59AM 1 point [-]

So it's fine to discuss the morality of infanticide and baby-eating, but IP infringement is taboo? :P

Comment author: [deleted] 15 January 2012 05:13:43AM 1 point [-]

No, but you should Taboo most of the words usually used, because they are not useful.

Comment author: wedrifid 15 January 2012 05:53:14AM 0 points [-]

So it's fine to discuss the morality of infanticide and baby-eating, but IP infringement is taboo? :P

Taboo? No, there's no taboo. It's a question of honesty being (potentially) instrumentally detrimental to you!

Comment author: [deleted] 15 January 2012 05:46:00AM *  0 points [-]

it seems I've spoken carelessly and I'd like to restate my initial point. I appreciate the clarifications as to the legal details.

I'm suggesting that piracy is immoral, and in very large part because it is illegal. I don't think moral concerns always trump instrumental value or that breaking the law is always immoral. But these will be exceptional cases. Copying a book illegaly because one doesn't want to pay for it seems like an unexceptional case of wrongdoing, and one plausably comparable (morally if not legally) to theft. It seems comparable, I mean, to any given case of breaking the law because it makes life a little easier or more pleasent.

ETA: And I don't mean to suggest I have any knock out argument myself. I really would just like to hear the argument to the contrary if anyone would be willing to take the time.

Comment author: [deleted] 15 January 2012 05:53:39AM 1 point [-]

So you think that the value of the rule of law is more important than immediate personal gains? Fair enough.

You seem to think it's wrong for other reasons, tho I can't quite decipher it.

Why specifically compare to theft? Why not trespassing or something? The only similarity I can see is that infringement and theft are both crimes of an economic nature, but so is vandalism.

To clarify the situation and the relationships between the terms, would you agree that theft is approximately the intersection of vandalism and infringement? (it removes the original, and the perp gains without paying)

Comment author: wedrifid 15 January 2012 06:03:34AM 1 point [-]

Why specifically compare to theft? Why not trespassing or something?

Come to think of it on the pure abstract level it is more closely analogous to rape.

Comment author: [deleted] 15 January 2012 06:05:01AM 0 points [-]

I compare it to theft because of the comparable aims of the thief and the filesharer: in most cases, I expect, and in the kind of cases Anubhav raised, something is copied in violation of IP law because it is convenient for the filesharer or saves him or her some money. That's similar to theft in a way that it's no to vandalism or tresspassing.

As to your clarificatory question, I'm not sure. So assume I agree; what are the consequences of understanding things this way?

Comment author: Anubhav 15 January 2012 06:05:51AM 0 points [-]

It seems comparable, I mean, to any given case of breaking the law because it makes life a little easier or more pleasent.

And what of it? You're pointing to a general category with the implicit assumption that everything it contains is wrong. Which, as you know, isn't true. Perhaps most of the members of this set can be classified as wrong, but as long as wrongness isn't a general feature of this set, membership of this set isn't a sufficient condition to classify anything as wrong. Ergo, the members of this set that are wrong, aren't wrong because they belong to this set, but are wrong because they meet some other criteria of wrongness. You should think about what those criteria are, and then we can debate whether this particular issue meets those criteria.

Copying a book illegaly ... seems ... plausably comparable (morally if not legally) to theft.

As I and other people have pointed out, it's not even morally comparable to theft. You haven't addressed any of those comments as far as I can tell. I'll go with the charitable interpretation and assume what you mean by 'comparable' is what you're saying in the next sentence (the part I responded to in the first part of this comment).

Comment author: [deleted] 15 January 2012 06:17:41AM *  1 point [-]

And what of it? You're pointing to a general category with the implicit assumption that everything it contains is wrong. Which, as you know, isn't true. Perhaps most of the members of this set can be classified as wrong, but as long as wrongness isn't a general feature of this set, membership of this set isn't a sufficient condition to classify anything as wrong. Ergo, the members of this set that are wrong, aren't wrong because they belong to this set, but are wrong because they meet some other criteria of wrongness. You should think about what those criteria are, and then we can debate whether this particular issue meets those criteria.

This stinks of classical (non-bayesian) rationality. Membership in a set that is mostly wrong does not "prove" anything, but it sure is evidence. (more evidence is obviously required, in this case). Keep your bayes hat on.

EDIT: What happened to my edit! Your point still stands: we have reason to believe copying does not quite fit in that set, so we should be looking closer at the mechanisms of wrongness. /EDIT

As I and other people have pointed out, it's not even morally comparable to theft. You haven't addressed any of those comments as far as I can tell. I'll go with the charitable interpretation and assume what you mean by 'comparable' is what you're saying in the next sentence (the part I responded to in the first part of this comment).

Actually, ve just brought up that the intent and thought process is very similar. Seems like a good enough reason to compare them.

That said, I think the comparison is way overused, and even if it contains a grain of truth, it's a good idea to avoid it because it is such a politicized comparison.

Comment author: [deleted] 15 January 2012 06:34:38AM 0 points [-]

And what of it? You're pointing to a general category with the implicit assumption that everything it contains is wrong. Which, as you know, isn't true.

Well, I agree that not every case of breaking the law is immoral, but I think I'd be happy to defend the claim that moral wrongness is a characteristic of the subset of legal violations undertaken for the sake of one's personal convenience. And your point about set membership doesn't seem right: it is in virtue of membership in 'elephants' that an animal has a trunk, even if its true of some elephants that they do not have trunks (wounded elephants say).

If I've failed to respond to any questions regarding my comparison of filesharing to theft, then this is purely because of my lack of understanding. Could you clarify for me the challange to this comparison, if you have the time and inclination? Or would you prefer that I made my own case more pointed first?

Comment author: [deleted] 15 January 2012 02:55:42AM -1 points [-]

But isn't stealing wrong?

Comment author: Anubhav 15 January 2012 03:40:53AM 3 points [-]

Stealing: I break into your house and take a book without your consent. You no longer have the book.

Copying: I use ctrl-c ctrl-v on your book. Now both of us have the book.

Pretty fundamental distinction, isn't it?

Comment author: [deleted] 15 January 2012 04:20:46AM *  0 points [-]

Why do you think these are the important features of stealing? Isn't the point just that you're taking someone's legal property, and illegally helping yourself to it? The fact that you can do this with a machine that has a neat interface doesn't seem important. ETA: And I agree its not really the book you've stolen in this case, but the money you avoided paying. Thats the thing I have a legal right to, but have been illegally deprived of.

I take it, rather, that you have an argument for why this is not stealing, or why if it is, it is nevertheless justifiable.

Comment author: [deleted] 15 January 2012 03:31:53AM 3 points [-]

Who said anything about stealing? This is about buying or copying a book, not theft.

Comment author: [deleted] 15 January 2012 04:22:29AM 0 points [-]

Well, I take it that Anubhav is talking about piriteing a book as a justifiable responce to wanting it. Legally, anyway, that's intellectual property theft.

Comment author: nshepperd 15 January 2012 06:02:22AM 1 point [-]

Maybe to a deontologist. As far as I'm concerned, all that matters is whether it makes the world a better or worse place. It doesn't even matter whether copyright infringement is 'stealing' or not (though, as others have pointed out, it basically is not). And it seems to me that in certain situations infringing copyright has lots of benefits with almost no downsides, so I could not accept calling it wrong.

Comment author: [deleted] 15 January 2012 06:20:05AM 0 points [-]

I'm no moral theorist, but a consequentalist approach seems reasonable to me. That said, a given act of filesharing in violation of IP laws will generally have no significant consequences. Though, I suppose I think habitually violating the law because it is convenient to do so will have negative consequences for one's charachter, but that's going to vary case by case even if it is a real problem.

Comment author: DanielLC 15 January 2012 03:53:11AM 1 point [-]

Intrinsically or instrumentally?

I don't find stealing intrinsically wrong. Property is just made up anyways.

Property is used for a reason, though. It makes our economy function. As such, I'd find stealing instrumentally wrong. When dealing with something like information, it's only instrumentally wrong if you would have bought it if piracy wasn't an option, and you aren't planning on doing something better with the money, such as donating it to a good charity.

Also, I seem to be in a minority with intellectual property, at least when it comes to books. Governments have gone to great lengths to set up libraries to allow the citizens to pirate books.

Comment author: [deleted] 15 January 2012 04:17:41AM *  0 points [-]

Why does property's being made up make a difference? I mean, I think I see what you're getting at, but I think it would be be helpful to spell the reasoning out. What exactly are the premises that lead to the conclusion that stealing isn't intrinsicly wrong?

And your argument about instrumental value seems insufficient. The theft of a book vs. Its purchace has no significant impact on the economy, and I have no reason to calculate the utilities involved in this choice as if it would. And finally? Why should I care about the condition of the economy as opposed to my personal wealth? Can't I generally justify the instrumental value of actions which damage the economy so long as they enrich me personally?

Comment author: [deleted] 12 January 2012 08:10:10PM 1 point [-]

Huh? What does the broken window fallacy have to do with the fact that if I pay you $10 for a book, then my loss of $10 (and gain of a book) is exactly balanced by your gain of $10 (and loss of a book)?

Not if I have already read the book and you haven't, and not if I have less money (more specifically, I get more marginal utility per dollar) than you.

Comment author: gjm 13 January 2012 12:42:53AM 0 points [-]

Yes, of course "exactly balanced" is true only when we reckon in dollars and books rather than utility. (The way I put it earlier in the thread was: "first-order effects that cancel out exactly when expressed in terms of money, and therefore probably cancel out approximately when expressed in terms of utility".)

Perhaps a good argument can be made that for most book-buyers a transfer of money from them to the publisher (and thence to the author, publisher's employees, etc.) produces a net utility loss. But (1) I still don't see that this has anything to do with the broken window fallacy -- I suspect that Anubhav thinks I'm making a more complicated point than I actually am -- and (2) it certainly won't do to look only at my loss of money and act as if the money has just disappeared into the void.

(#2 might be wrong for people who are close to being purely selfish. I agree that someone motivated only by self-interest can, to a good first approximation, pretend that money they spend simply disappears, and that some reasons for preferring legal purchase over illegal copying will have no force for such a person. I'm fairly sure that Anubhav isn't assuming pure selfishness; certainly many of his/her arguments seem to assume the reverse.)

Comment author: Anubhav 13 January 2012 03:26:53AM 0 points [-]

Yes, of course "exactly balanced" is true only when we reckon in dollars and books rather than utility.

But they're not exact even then.

Physical scenario: I pay you $10 and you give me a book. I lose $10, you gain $10. I gain the book, you lose it.

Your assumption holds so far. But now, consider...

Digital scenario (legal): I pay you $10 and you lease me a digital copy of the book. I lose $10, you gain $10. I gain a book, but you don't lose it, since my copy of the book was created (copied) as and when I ordered it, and you still have your copy.

Digital scenario (illegal/ legally free): I don't pay you anything and get a copy of your book. I lose no money, you gain no money. I gain a book, you don't lose a book.

On the whole (at least if you prefer digital copies and only consider first-order effects) it's a transfer of money that can be avoided and still have a net positive outcome. And as for the $10 you didn't pay to the author (publisher?) you can use it to pay for....

Wait, the author can use it to pay for something else too. You're right, this isn't the broken window fallacy; there is no destruction of value involved. It's still a pointless exchange of money though. (Assuming you're only interested in the contents of the book. If not, the exchange may or may not be pointless, but such cases are a minority.)

his/her

'his'. 'Anubhav' is an exclusively male name. </nitpick>

Comment author: fubarobfusco 13 January 2012 05:30:21PM 1 point [-]

Digital scenario (legal, with DRM): I pay you $10 and you issue me a digital copy of the book, on terms that you can change at will. If you go out of business, I lose the book. If it turns out that you messed up your upstream licensing, I lose the book. If the book is banned by your government, I lose the book. If you decide to discontinue the service for business reasons, I lose the book. In some cases, if my computer breaks or if I upgrade it, I lose the book — at least until I spend an hour on the phone with your tech support convincing them to give it back to me.

Comment author: gjm 13 January 2012 08:39:27PM 1 point [-]

But they're not exact even then. [...] Digital scenario [...]

Irrelevant, unless I'm confused. (Perhaps I am.) The claim I thought I was responding to is that one way in which buying a physical book is worse than taking a digital copy is that you have to pay for it and therefore lose utility; so I said why that utility is (roughly) transferred to others rather than merely lost.

I do, of course, agree that digital copying is fundamentally different from (legal or illegal) physical taking because it doesn't deprive anyone of the original. (This is one of the reasons why "intellectual property" is such a bad name for what it denotes.)

'Anubhav' is an exclusively male name.

Thanks. (I did have a quick google and establish that it is a male name, but I didn't have enough evidence to rule out the possibility that it might be a female name too.)

Comment author: thomblake 13 January 2012 08:42:11PM 0 points [-]

This is one of the reasons why "intellectual property" is such a bad name for what it denotes.

But it's an excellent name in the sense that, for Lockeans, it is an obvious consequence of the right to property.

Comment author: gjm 14 January 2012 01:10:07AM 0 points [-]

How so? (And what do you mean by "it"? "Intellectual property" includes, at least, copyrights, patents and trademarks, no two of which are at all the same as one another.)

Comment author: thomblake 14 January 2012 05:43:29PM *  0 points [-]

How so?

For copyright, see this paper by Richard Volkman. Excerpt:

there is no requirement that I share my thoughts with you. Instead, I may let you use them under certain conditions, and among those conditions I might require that you not allow anyone else to make a copy of the disk. This bargain in no way diminishes your rights, since you are just as free as before to write your own program. The Proviso has not been violated.

It's unpacked rather rigorously through the paper.

"Intellectual property" includes, at least, copyrights, patents and trademarks, no two of which are at all the same as one another.

Certainly patents are dubious legal constructs, and trademarks are pretty much just a legal convenience, but they have much the same character in terms of ownership as copyright, so it makes sense to keep them under the same umbrella term (if they are to exist at all).

I disagree that they are not at all the same as one another; they are pretty much the only cases where one can own a pattern rather than a particular object. (Heraclitean objections notwithstanding)

Comment author: gjm 14 January 2012 11:35:33PM 0 points [-]

The paragraph you quote from Volkman is arguing not that copyright is an obvious consequence of the right to property, but that the possibility of copyright is an obvious consequence of the right to make arbitrary contracts. I agree: it is (and so are lots and lots of other possibilities). But that's not at all the same as saying that copyright is a consequence of the right to property.

The rest of Volkman's paper does attempt to argue something nearer to what you said, but I have to say I don't find it very convincing. He begins well enough, by saying that you aren't obliged to write books or software or whatever if you don't like the ways in which they will be used. But then he abruptly changes the subject, apparently without noticing, when he says:

So, you have no claim on the product of my labor, at least where that product would not exist were it not for my actions.

which in fact doesn't at all follow from what's gone before because it's a statement about "the product of my labor" whereas all the previous argument has been concerned with the labor itself. Now, that doesn't mean that this new statement is wrong, just that it's misleading to introduce it with "so". And in Locke's view, AIUI, the product of one's labor is indeed one's own to do with as one pleases. But here we run up against a key difference between "intellectual property" and more traditional sorts of property. It's much more obvious that (A) if I go to a lot of effort to make something, then others should not take it away from me, than that (B) if I go to a lot of effort to make something, then others should not look at what I've done and then make (near-)identical things for themselves. And while I'm willing to grant Lockeans premise (A), I'm not so willing with premise (B).

After that, Volkman spends a few paragraphs on matters that aren't (I think) directly relevant here and then turns to the argument you've cited above. As I've already said, this also doesn't show that copyright (or any other sort of intellectual property right) is a necessary consequence of the right to property, or that Lockeans or libertarians ought to approve of it. The most it shows is that you and I may make a contract that says you'll write a book and show it to me provided I promise not to give copies to anyone else. But such a contract can't possibly bind anyone else; your protection against others' actions, as far as that contract goes, is limited to being able to insist that I take steps to stop anyone else getting hold of the book. Whereas the whole idea of a copyright (and also a patent or trademark) is that a creator automatically gets to restrict the actions of everyone else, including lots and lots and lots of people who never entered into any sort of contract with her.

I disagree that they [sc. copyrights, patents and trademarks] are not at all the same as one another; they are pretty much the only cases where one can own a pattern rather than a particular object.

Sure, they have something in common. (Though I suggest that your choice of the word "own" is at least partly because we happen to use the term "intellectual property" to describe these things. If it weren't for that term, I suspect it wouldn't feel at all natural to say that one owns a trademark, for instance; "controls" or "have the right to use" would be better.)

But I wasn't denying that they have something in common. Just seeking clarity as to what particular sort(s) of "intellectual property" you think follow from (ordinary) property rights. It looks to me as if both Volkman's arguments, such as they are, apply to copyrights; the first applies to patents but the second doesn't; and neither applies to trademarks. (But maybe if it's possible to adapt his right-to-contract argument to cover copying done by people who aren't party to a contract with the creator, that will enable it to apply to patents and/or trademarks too.)