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Posts tagged Center for a Stateless Society

Patents kill, part IV

Here’s some passages from a great letter to the editor of the Daily Herarld (Sint Maarten, Dutch Caribbean), by my friend and fellow C4SSer Nathan Goodman.

Deadly Contradictions: Patent Privilege vs. Saving Lives

In his 2013 State of the Union address, US President Barack Obama claims that the U.S. will help end extreme poverty by saving the world’s children from preventable deaths, and by realizing the promise of an AIDS-free generation, which is within our reach. Sounds good, right? Unfortunately, the president directly contradicted these goals earlier in his speech by pushing the Trans-Pacific Partnership (TPP).

The TPP is typically presented as a free trade agreement, but there’s one type of trade barrier it proposes to strengthen: Intellectual property. Patents and other forms of intellectual property restrict trade by granting monopolies on the sharing of an idea or the manufacture of a product. Intellectual property makes it illegal to use your own personal property to manufacture a product and sell it on the market once the state has defined the very idea of that product as someone else’s property.

Intellectual property harms consumers by raising prices. For some goods this is just an economic cost. But when it comes to medicine, the price increases associated with pharmaceutical patents cost lives.

As Judit Rius Sanjuan of Doctors Without Borders says, Policies that restrict competition thwart our ability to improve the lives of millions with affordable, lifesaving treatments. . . . The Trans-Pacific Partnership would expand these already deadly patent monopolies, further restricting access to lifesaving medicines. Tido von Schoen-Angerer of Doctors Without Borders wrote in 2011 that leaked papers reveal a number of U.S. objectives: to make it impossible to challenge a patent before it is granted; to lower the bar required to get a patent (so that even drugs that are merely new forms of existing medicines, and don’t show a therapeutic improvement, can be protected by monopolies); and to push for new forms of intellectual property enforcement that give customs officials excessive powers to impound generic medicines suspected of breaching IP. Each of these provisions would use government force to prevent poor people from accessing medicine.

It’s clear that entrenching patent monopolies contradicts Obama’s stated goals of saving the world’s children from preventable deaths and realizing the promise of an AIDS-free generation. . . . Contradictions like this are nothing new for the state. While politicians repeatedly promise to protect public health, they have long used coercive power to raise medical costs, sacrificing public health for private profits. The state has long justified its power with the language of the public good, all while wielding that power to protect privilege.

If we really care about “saving the world’s children from preventable deaths” and “realizing the promise of an AIDS-free generation,” we must end this murderous collusion between state and corporate power.

We must smash the state and its deadly contradictions.

— Nathan Goodman, Deadly Contradictions: Patent Privilege vs. Saving Lives, in The Daily Herald (February 18, 2013)

Read the whole thing. Many thanks to Nathan for a great letter on an important point.

Patents kill people. They mean that the pharmaceutical cartel can call up the armed bully-boys of almost every government in the world in order to enforce artificially high prices for their top money-makers; and that means that State violence is being used to prevent affordable, life-saving drugs from reaching the desparate and the poor. The multilateral so-called free trade agreements of the past couple decades — NAFTA, CAFTA, the WTO, and now the TPP — selectively cut back on traditional industrial protectionism, but they simultaneously dramatically expand the scale, scope, and deadly reach of intellectual protectionism.

To hell with that. Intellectual property and patent privileges are not about incentivizing or encouraging or opportunities. Patents about pure, invasive force: invading other people's property to force them to render long-term rents to corporate monopolists, long after the inventors have brought their ideas to market and long after they’ve stopped putting any particular work into what they are claiming to be theirs. A necessary corollary is that it also means invading those who offer incremental innovations based on the work that the patent holders control, unless those innovations comply with a very narrow set of guidelines for authorized use. They are tyrannical embargoes on creative intelligence, and prohibitions on the natural capacity to peacefully imitate, emulate and bring competing goods to market. Patnet holders have no right to do that, and they sure don't have the right to do it at the expense of innocent people's lives. A free society needs a free culture, free knowledge and free technology. Patents kill and freedom saves people's lives. This is as dead simple as it gets. To hell with state monopolies; to hell with state capitalism.

Also.

Rad Geek Speaks: In which I join an Anti-Capitalist Mob at Libertopia

I am happy to announce that I have been invited to speak at three sessions at the upcoming Libertopia convention, October 11-14, in San Diego, California. In particular, I’m going to be doing:

  1. Part of a panel on so-called Intellectual Property, together with Stephan Kinsella (Saturday October 13, 2012, 2pm-3pm), on the Main Stage.

  2. A breakout session on Ask an Anti-Capitalist! A Freewheeling Q&A on Markets Not Capitalism, Left-Libertarianism, and Mutualist Ends Through Free-Market Means (Sunday October 14, 2012, 9:45am-10:30am).

  3. Part of a panel discussion on Markets Not Capitalism, together with my co-editor Gary Chartier, and contributors Roderick Long and Sheldon Richman. (Sunday October 14, 2012, 3pm-4pm), on the Main Stage.

  4. Tabling in the exhibition area for Markets Not Capitalism, the ALL Distro, and Center for a Stateless Society. We’ll have copies of the book, booklets, pamphlets, buttons, and more; and we’ll be there to talk to convention-goers about free-market anticapitalism and left-libertarian ideas. I’m going to enjoy the talks but in all honesty the person-to-person contact and the tabling is the kind of groundwork that I see as by far the most important stuff, and which I’m most looking forward to doing.

I should mention that the Ask an Anti-Capitalist! session is being held in the John Galt Room, which I’m choosing to take as one of the more hilarious culture-clash moments I’ve had since I started doing this gig. The bad news is that this is scheduled opposite breakout sessions by Gary Chartier on war, and Sharon Presley on libertarian feminism (?!?). I guess the good news is that by packing us in like this, they’ve ensured that no matter what breakout session you go to during that block, you are going to get some lefty libertarian stuff to hear. Anyway, there’s going to be a veritable mob of left-libertarians, free-market anticapitalists, C4SSers and other lefty-friendly commentators there throughout the event, including Gary Chartier, Sheldon Richman, Roderick Long, Stephanie Murphy, not to mention presentations by Angela Keaton, Sharon Presley and Anthony Gregory. You can check out the whole schedule here.

We’re doing our best to do all this on as thin a shoestring budget as possible. I’ve arranged for couch-surfing and carpooling to help keep the travel and lodging expenses as minimal as possible, but there’s still a couple of hefty charges that we’re paying out of pocket to get Markets Not Capitalism and a rambunctious left-libertarian presence out to California. So if you want to help out, you can toss a few coins into the hat with the ChipIn widget below. Donations go to the Molinari Institute, so any proceeds above reimburseable expenses will go to support the production and distribution of market anarchist literature, and towards supporting future speaking gigs for Markets Not Capitalism. Anyway, here’s the shoestring, for reference. (This may be revised as other arrangements get nailed down.)

Markets Not Capitalism 2012 Libertopia budget
Cost Description
$440 Travel. Rental car to ferry me, L., and a friend across the continent to San Diego
~$0~ Lodging en route (2 nights there, 2 back; crash space secured!)
$400 Tabling space expenses. To reimburse Roderick Long for the expense of securing a table in exhibition space for C4SS, ALL, and Markets Not Capitalism
(he will otherwise have to pay out-of-pocket)
$840 Total costs (estimate as of 23 Sep 2012)

Chip In to get Markets Not Capitalism to Libertopia!

ChipIn: Markets Not Capitalism! at Libertopia (Oct 2012)

Thanks! And I hope I’ll see y’ALL there!

Center for a Stateless Society Spring fundraiser

From Brad Spangler at the Center for a Stateless Society:

Dear Supporters of the Center,

We hope you’ve liked what you’ve seen so far from the Center for a Stateless Society. Our financial support for independent scholar (now C4SS Research Associate) Kevin Carson allowed him to produce a widely hailed work in his ongoing synthesis of free-market libertarian and libertarian socialist thought — “Industrial Policy: New Wine in Old Bottles” — as well as ongoing commentary pieces.

With your help, for the Spring of 2009 we’d like to:

  • fund Carson’s research work for the second quarter (April through June), to result in another study for publication…
  • fund Carson’s commentaries for the remainder of this quarter and all of next quarter
  • and add our second paid staff position, a News Analyst, to produce additional commentary

This takes money, but not very much of it. Our modest funding goal, to allow us to carry this out and prepare the way for future growth and success, is very small. I’ll break down the expense list for you and you can see for yourself:

  • $300 for Carson’s research study
  • $400 for Carson’s commentary work from now through the end of June ($25 per piece)
  • $600 for the News Analyst’s commentary ($25 per piece) from April through June

That’s a $1,300 fundraising goal. I believe we can achieve it, but I could be wrong. It’s all in your hands. If you want a polycentric movement, donate today.

Regards,

Brad Spangler

Repudiation now

We have not acquired any debt. The so-called public debt really belongs to the oligarchy. We the peoples have not acquired anything or been benefited, and thus we owe nothing.

–Confederation of Ecuadorian Kichwas (ECUARUNARI), quoted in Daniel Denvir, AlterNet (2008-12-15): Ecuador Calls foreign Debt Illegal, Defaults on Payments

Last month, the government of Ecuador defaulted on a US$ 30,600,000 interest payment on US$ 510,000,000 in bond debt. They will be defaulting on payments on two other series of bonds, amounting to US$ 9,937,000,000, or 19% of the entire country’s GDP.

Kevin Carson, in his first (hooray; congratulations) regular weekly commentary at the Center for a Stateless Society, says It’s about time, and Good on them. He points out that this massive government debt has nothing to do with freed trade or voluntary production. It has everything to do with building political alliances between governments and providing government funding for massive forced-modernization boondoggles and corporate privateering — with the costs, as always, taken out of the hides of Ecuadorian workers and farmers. As Carson writes:

That's entirely correct. In the specific case of Ecuador, according to John Perkins (Confessions of an Economic Hit Man), the loans were designed to foment conditions that make [Ecuador] subservient to the corporatocracy running our biggest corporations, our government, and our banks. Infratructure loans were granted on the condition that engineering and construction companies from our own country must build all these projects. In essence, most of the money never leaves the United States; it is simply transferred from banking offices in Washington to engineering offices in New York, Houston, or San Francisco.

. . .

[The main function of the government agencies set up to receive and manage foreign debt] is to work in collusion with the World Bank to run up debt building the infrastructure foreign capital needs for profitable investment. A majority of World Bank loans since that agency's inception have gone to building the roads and utilities necessary to support foreign-owned industry. The effect is to crowd out decentralized, small-scale, locally-owned industry serving local markets, and to integrate the domestic economy into a neoliberal framework of providing raw materials and labor for foreign industry.

The resulting debt (which the people of the country never approved) can then be used to further cement neoliberal policies, by blackmailing the local government into adopting a structural adjustment program. And the policies adopted under such programs generally include the privatization of the same infrastructure the loans were taken out to build, and selling it to the very people it was built to serve. Not only that, but the privatization is generally arranged on terms virtually dictated by the purchasers, with native governments sometimes spending more taxpayer money to make the assets salable than the sale actually fetches.

— Kevin Carson, Center for a Stateless Society (2009-01-05): Ecuador Repudiates Foreign Debt: It's About Time

Kevin has an excellent discussion of the structural and economic effects of massive government debts in formerly colonized countries like Ecuador. I think he’s entirely right. Of course, I couldn’t care less about the fact that the government of Ecuador has trouble raising funds for its own domestic parasitism and government-funded, government-regimented programs. Like all government programs, these range from useless to foolish and destructive. Would that the government of Ecuador couldn’t raise any money for any purpose. But what is a problem is the fact that the money for the payments on those debts — like all government payments — is always taken out of the pockets of the Ecuadorian people, through taxation, which is to say, by force.

And it’s that that I want to say something about today — not only the structural effects of government debt and government-lubricated neoliberalism (which is to say, government-financed state capitalism), but also the moral case for unilateral and unconditional repudiation. That case is a simple case, and it’s exactly what ECUARUNARI said: people should never be forced to pay debts that they never agreed to take on.

So-called public debt is, of course, never contracted by the public (if that means all the people of a particular country) it is contracted by a tiny, parasitic minority that lives at the expense of the rest of the public, and which has arbitrarily declared itself the rightful rulers and the designated collective-bargaining agents of everybody else in the country — whether or not anybody else ever agreed to that arrangement. When banks or foreign governments loan money to a government, they loan it to that tiny, parasitic minority, and they do so with the expectation that their investment will be repaid by means of taxation, which is to say, by means of the money that the government extracts from the public by force. None of the rest of us are ever asked to take on these debts; none of us are ever given any meaningful choice over whether to take on these debts, or how to disburse the money that has been loaned to us; we are just made to pay them against our will. (And it will not help to say that we somehow consented to let the government act as our financial agent, and so consented to cover the costs of the decisions they make on our behalf; nobody ever consents to the State.)

Now, those individual people — members of the tiny, parasitic minority — who did contract the debt may try to pay it — out of their own pockets — if they like. That’s their business. If they think it’s worthwhile to do so, they can even pass the plate and ask people to voluntarily help pay it back. That’s between them and their donors. But neither they, nor any governments which may show up later to assume the old regime’s usurping claims, have the least duty, or the least right, to inflict their debts on any other living person, or to send the bill to the government tax apparatus (which just means forcing taxpayers to pay for it). But then there are no legitimate government debts at all; at the very most, there are private debts that the tiny, parasitic minority have taken on themselves and then ransomed from the rest of us by force.

Whatever the would-be governmors of Ecuador may owe, the people of Ecuador owe not one damned dime to the World Bank, the IMF, CitiBank, or any other lender. And so the real issue is justice, not charity — except insofar as the most charitable thing that rich governments can do for poor people is to get their boots off, and their fangs out, of those people’s necks. All of which means that the political focus needs to be on inciting indignation and resistance from the people being forced to pay these criminal debts — not on appealing to the better natures of the people collecting them. And that the only just policy with regard to government debt is to burn the bills and stop taking the collectors’ calls — to repudiate all government debts unilaterally, immediately, completely, everywhere, and forever. Whether or not you have taken the time to get permission from the IMF, the United States government, or the humanitarian rock stars of the world.

It may be claimed that, even if repaying the loans by means of taxation is an injustice against Ecuadorian taxpayers, policy-makers (the dignified term that some people use for ranting, violent power-trippers in government offices) must balance that against the injustice of defaulting on the loans — which would be an injustice against investors who made those loans in good faith, expecting to be repaid. But no, it wouldn’t. They made the loans expecting that their return would be stolen from out of the pockets of the Ecuadorian people. (This is why government bonds are traditionally rated as safe investments; the safety consists in the fact that the interest payments are extracted by force rather than depending on market success.) There is no such thing as a good-faith loan to a piratical enterprise; if those who made the loans get nothing for their trouble, then they’ve earned, and deserve, exactly what they get.

It may also be objected that, whatever the justice of the case, insisting on the right to repudiate government-contracted debts will be harmful for the Ecuadorian people — more harmful than the alternative of paying off those illegitimate debts — and so that it would be a good idea to pay them off anyway, as a sort of a ransom. But these objections always depend on one of two lines of argument, both of which are fallacious. First, there are those who argue that repudiating government debts will make Ecuador a pariah, and cut them off from trade, credit, and other resources for economic growth. Thus, for example, Enrique Alvarez, head of research for Latin America Financial Markets for IDEAglobal in New York: They were already sort of headed into isolation. Essentially now they’ve drawn shut the gate. But this line of argument only makes sense if you talk about Ecuador and completely forget the difference between the Ecuadorian government and the Ecuadorian people. Repudiation of government debts will surely make it more difficult for the government to find credit or make financial deals in the future. But so what? If we’re interested in the well-being of the people in Ecuador, and if development means prosperity for ordinary people, rather than a government-driven fetish for great big centrally planned projects, then the important issue has nothing to do with whether or not the government can find credit. It has to do with whether or not people can find trading partners, investors, and money for their own projects. There’s no reason why repudiating government debts would make people in other countries less interested in trading with or extending credit to individual people or private outfits in Ecuador, and so no reason why anyone other than the Ecuadorian government would end up in isolation. And if the Ecuadorian government ends up in isolation, well, who cares, as long as the Ecuadorian people remain free to do their own work and make their own deals?

Others, having recognized that repudiation only immediately harms the financial prospects of the government, not ordinary Ecuadorians, will go on to object that it will still harm the Ecuadorian people, anyway, because that will make it harder for the Ecuadorian government to raise money for its own projects in the future. But while that’s true enough, it’s a plain non sequitur to infer from it that the Ecuadorian people will be harmed by that fact — unless you help yourself to the auxiliary premise that the Ecuadorian people somehow benefit when the Ecuadorian government has easy access to money for its projects. That in turn makes sense only if you suppose that the Ecuadorian government’s projects tend to benefit the Ecuadorian people. But while lots of people make that claim, either tacitly or explicitly, hardly anyone makes any real effort to defend it. And in fact, given both what we know about governments in general, and in particular about the kind of governments that tend to rule countries like Ecuador, it’s a claim that happens to be ridiculously implausible. As a matter of fact, permanently crippling governments’ ability to raise funds for costly government projects is one of the best developments I could hope for on the world scene.

When Progressive outfits like Make Poverty History have noticed the problems that government debts create, their response has been, mainly, to beg rich governments to cancel the existing debts of poor governments, as a sort of charitable hand-out to the poor dears, preferably through a process mediated by some international bureaucracy, probably under the control of the U.N. The whole proposal is absurd; the main consolation is that, like most other grand Progressive proposals, it is more or less completely ineffectual. (Who do you think has more influence over the U.S. government’s trade and international finance bureaucracies? Bono or the IMF and CitiGroup?)

In fact, discussions of government debt should not focus on mediated settlements or relief from creditor governments, but rather on unilateral repudiation of so-called public debt by debtor governments. Not because enforcing the collection of these debts is scroogish or because it ought to be tempered by considerations of charity, but rather because the debts themselves are completely illegitimate and enforcing the collection of these debts is absolutely unjust. Whether that’s the debts of the governments in Ecuador, or in Tanzania, or, for that matter, in the United States of America — where we are all being extorted to pay off US$ 10,000,000,000,000 of debts that we never once agreed to. Debts that were taken out without our permission, then inflicted on us against our will, so that this government could pay for its murderous wars, its tyrannical surveillance and intelligence apparatus, its brain-dead federal programs, its byzantine busybodying regulation, and its multitrillion dollar preservation programs for endangered capitalists and their habitats in the economic status quo.

So here’s to repudiation; and here’s hoping for two, three, many Ecuadors….

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