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Posts filed under Philosophy

Spy vs. Spy

(Link thanks to No Treason 2006-04-23.)

Here’s erudite, conservative intellectual Kim DuToit breaking it down for us on why he has no problem at all with the NSA collecting a massive database of your phone records, and why you shouldn’t have a problem with it, either.

By way of background, DuToit has just spent a great deal of time discussing his experience collecting a huge database of information on customer purchases for the grocery store he worked for, using one of those annoying little loyalty card swipers. The idea is that you collect a lot more data than you could ever reasonably be interested in, and then ignore 80% of it to focus on the folks on the margin that you’re interested in:

Here’s the Big Clue for the Clueless: if you don’t collect all the data, you can’t narrow the search at all. And it’s only once you’ve established that Abdul is a Bad Guy that you ascertain his number, and the numbers of his correspondents, and their names. Most of the calls will be innocent: the dry cleaners, the gas company, the liquor store, whatever.

But out of the couple hundred calls, you may find five that are to Mohamed Semmteks, and to Tariq Pilota, who are also terrorists, and whose calls you can now start investigating.

So from tens of billions to a couple hundred to five. And in these cases, it’s NOW when you, as the investigator, can get a warrant for a wiretap so you can start listening to actual content, which, out of all the data mentioned so far, is the only part protected by the First Amendment.

That’s how to do it—and more importantly, that’s the only way to do it when you’re starting from scratch.

As far as the vast majority of us are concerned, there’s not much to worry about. Nobody at the NSA is interested in the call you made to your Mom, or even to the call you made to your mistress. Don’t kid yourself: you’re not that interesting.

Just as I was never interested in whether Betsy Smith bought Tide or Tidy-Cat.

But I have to tell you, I am really glad that someone at the NSA was doing their job, and began to collect the data a long time ago—because otherwise it would now be gone, and we’d be behind the curve, just as we were on 9/10/2001.

Kim DuToit, The Other Side (2006-05-12): Database ClueBat

On the other hand, one wonders whether there’s any guarantee that what No Such Agency is interested in will always line up with your freedom and personal safety. Perhaps the government spooks’ interests aren’t always interests that they ought to be able to pursue. I’m sure I’m just being Terminally Clueless here, and wildly paranoid to boot, but, hell, let’s check and see what an expert thinks about the government keeping massive databases for surveillance of legitimate exercises of individual rights, and the potential for abuse of those databases.

Specifically, here’s erudite, conservative intellectual Kim DuToit breaking it down for us on why he has a problem with the Justice Department collecting a massive database of his gun purchases, and why you should have a problem with it, too:

One of the basic disadvantages of the State knowing who is armed and who isn't, is that the State knows who has to be disarmed, if they are to impose any kind of tyranny. …

As we saw earlier in the case of Nazi Germany, by giving the State the ability to identify gun owners, we give the State the ability to disarm us.

This is not a situation of Trust us, we'll never do that. We would be incredibly naïve to fall for that nonsense. In all of history, assumption of government benevolence has been betrayed, sooner or later, and the greater the power of the State, the sooner comes the betrayal.

Gun owners know the underlying motives behind gun registration, and we are not reassured or fooled by the weasel denials of politicians. Licensing and registration constitute infringement, and that's prohibited by the Second Amendment. Anyway, we know the progression.

— Kim DuToit, The Other Side (2003-02-26): Part VII: Gun Registration

I guess it’s a good thing that freedom of speech and freedom of association aren’t important individual rights like gun ownership is. Otherwise, we might have a real problem here.

What’s in a name? or: Over My Shoulder #23: from Chris Matthew Sciabarra, Ayn Rand: The Russian Radical (1995)

This doubles as this week’s Over My Shoulder. Sort of, because I’m tossing out one of the rules for this week. Normally, here’s how it goes:

  1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

  2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

  3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

This week, I’m ignoring rule 2, because I happen to be working on a paper and it’ll be useful to sketch some notes down for it while I’m here. In any case, here’s the quote. This is from Chapter 10, A Libertarian Politics, in Chris Sciabarra‘s 1995 study, Ayn Rand: The Russian Radical. I read this in the student center at Wayne State in Detroit, right after (of all things) touring a great little exhibit on the centenniel of the Industrial Workers of the World, hosted at the Reuther Labor Library. Here, Sciabarra is discussing Ayn Rand’s defense of the free market, and her deliberate use of the name capitalism to describe what she was defending:

Rand’s defense of capitalism is similar in form to her defense of selfishness. In fact, Rand titled her collection of essays in social theory, Capitalism: The Unknown Ideal, for much the same reasons that she titled her collection of essays on morality, The Virtue of Selfishness: A New Concept of Egoism. Both capitalism and selfishness have had such a negative conceptual history that Rand needed to reclaim these concepts and to recast them in a new and nondualistic framework. Branden remarks that he had told Rand of his preference for the word libertarianism as an alternative to capitalism, since the latter term had been coined by anticapitalists. For Branden, libertarianism signified a broader, philosophical characterization and addressed the issues of social, political and economic freedom (Branden 1978, 60). But Rand refused to renounce the concept of capitalism, just as she rejected any attempt to couch her ethos of rational selfishness in more neutral terms.

In addition to such nominal problems, Rand was faced with the fact that her defense of capitalism differed considerably from other theoretical justifications. Rand’s approach is not Weberian; she did not view capitalism as an expression of the Protestant work ethic. Nor did she view capitalism as compatible with Roman Catholicism, or any other form of religion. Though she accepted the empirical and theoretical arguments of Austrian-school economists who see the market as the most efficient and productive mechanism in history, she refused to defend capitalism on purely utilitarian grounds. And while Rand celebrates the record of economic growth under Western capitalism, she believes that the historical reality diverged radically from a pure, unadulterated laissez-faire system. While the nineteenth-century United States best approximated this system, its progress was severely undermined by massive government intervention in the areas of finance and banking, and in the bolstering of monopolies through land grants and industrial privileges. Marx himself had viewed this nineteenth-century system as only an approximation of full capitalism, since it was adulterated and amalgamated with survivals of former economic conditions (Capital 3:175). For Rand, as for most Marxists, this mixed system reached its twentieth-century climax in the neofascist and corporativist policies of the U.S. welfare-warfare state.

Rand argued that the underlying reason for this failure to achieve systemic purity was moral and cultural. Capitalism as a social system was an implicit by-product of an Aristotelian philosophical base, one that celebrated the rational, the secular, and the egoistic. And yet capitalism was historically distorted because the cultures within which it evolved had not fully emerged from the influence of mysticism, altruism, and collectivism. Rand saw capitalism and altruism as philosophical opposites that could not co-exist in the same man or in the same society. The modern age was fractured by an inner contradiction because it tried to combine the concept of eudaemonic man with the notion that human beings were sacrificial animals. It was for this reason that Rand was extremely apprehensive about the introduction of capitalist markets into primitive cultures. She argued that capitalism required a predominantly rational and secular orientation, and that industrialization could not be grafted onto superstitious irrationality without massive distortion in the evolving structure of production. Though the United States achieved the greatest progress because it was the most secular Western country, it too had preserved significant elements of altruism and collectivism in its cultural base. And it was paying the price.

Curiously, Rand spoke in terms of a cultural and philosophical base. This view differs considerably from the Marxist formulation, which sees culture and philosophy as components of a social superstructure, a by-product of a material base. These opposed characterizations have disparate consequences for both the theory of history and the nature of social revolution; however, what must be explored at this stage is Rand’s understanding of capitalism as an unknown ideal. In Rand’s view, the nature of capitalism is so inherently radical that its historical, philosophical, and cultural implications have yet to be fully comprehended. Rand unabashedly proclaims that Objectivists are radicals for capitalism … fighting for that philosophical base which capitalism did not have and without which it was doomed to perish. Once again, Rand’s project is geared toward articulation. She aimed to articulate those premises which underlie the daily practices and institutions of a historically emergent but not yet fully realized social system.

Following her literary methods, Rand seems to have extracted and emphasized those principles which, she believed, distinguish capitalist society from all previous social formations. She began with the real concrete circumstances of the historically mixed system, breaking down its complexity into mental units. She constituted her vision of capitalism on the basis of such abstraction, having isolated and identified those precepts which are essential to its systemic nature. In this way, she eliminated the accidental and the contingent in order to focus instead on the philosophical ideals of the capitalist revolution. Such a revolution was incomplete because its principles had never been fully articulated and implemented. Rand viewed her own project as the first successful attempt to articulate the moral nature of the capitalist system, ideally understood, thus making possible its historical fulfillment.

— Chris Matthew Sciabarra, Ayn Rand: The Russian Radical (1995), pp. 283–285.

A lot of left-libertarians have rightly stressed that terms such as capitalism and socialism, as they are commonly used, are systematically ambiguous; often they are used to name two different systems that are mutually exclusive of each other ([state socialism and anarchistic socialism][], on the one hand, or the free market and political patronage for big business, on the other). Roderick Long recently made a persuasive argument that both capitalism and socialism, as the terms are commonly used, are best regarded as anti-concepts, and more specifically as package deals of concepts that do not actually go together, which have been used by statists on both the Left and the Right to systematically blur the distinction between neo-mercantilism and the free market. Left statists say they oppose the chimera, and right-statists say they support it, but what libertarians need to recognize, first and foremost, is that the system they are allegedly fighting over is chimerical, and that the words they are using embody false presuppositions about the meaning and the nature of free markets.

I think that’s quite right, and that it’s very important. Nevertheless, we mustn’t be misled into thinking that just because socialism and capitalism as commonly used are anti-conceptual package-deals, that we ought to abstain from both terms on an equal footing, or to take a pox on both your houses attitude towards the institutions, symbols, traditions, and other socio-cultural trappings associated with either identification. In some dialectical contexts the best thing to do with an anti-concept is just to expose it as nothing more than so much Newspeak, to abandon using it, and to exhort others to follow your example. But sometimes the thing to do is just to urge your conversation partners to use language more precisely, and to teach them by example, by choosing one of the senses of capitalism or socialism to use clearly and consistently. And I think that Ayn Rand’s deliberately provocative use of capitalism is instructive here on the principle, even though I think she’s wrong on the application, and that the reasons for the misapplication have to do with deeper problems in her own economic thought. Those problems don’t have to do with defending a free market in the means of production and distribution — I’m all for that, but given the historical example of self-described socialist free marketeers such as Benjamin Tucker, that doesn’t settle the issue between describing yourself as a socialist, describing yourself as a capitalist, or describing yourself as something else again.

Rand deliberately worked to reclaim the word capitalism for the unknown ideal of the completely free market, rather than the known reality of the predatory, neomercantilist mixed economy, in which all actually existing free markets are embedded, confined, limited, and distorted. Sciabarra explains her decision in terms of an intellectual process of isolating the essential features that distinguished societies called capitalist from earlier and later forms of social organization. It’s an apt description as far as it goes, but the connection between the intellectual process and Rand’s aesthetic and affectional imagination needs to be fleshed out in order to fully explain her decision. Rand knew perfectly well that the historical data underdetermined the question of whether predation or voluntary cooperation was essential to the capitalistic form of society: the rise of the societies we call capitalist involved the liberation of many people and of the markets in many commodities; it also involved the escalation of many forms of predatory state patronage and the invention of new ones (it meant, for example, considerably more freedom in agriculture or textiles; it also meant considerably more government intervention in banking, land use, and transportation infrastructure). You could describe the picture by identifying the growth in freedom as the capitalist stuff, with the new levels of predation as anti-capitalist deviations from capitalism marring its productive development. But you could just as easily describe it by identifying the growth in predation as the capitalist stuff, with the growth in freedom as a countervailing, non-capitalist or anti-capitalist development, which the capitalist stuff had an antagonistic, or often parasitic, relationship to. So which description should you choose? I think the best explanation why Rand chose the first picture instead of the second one has to do with what she would have identified with her sense of life — the degree to which her aesthetic and affectional imagination were engaged on behalf of actually existing capitalists, as she understood them, in the known reality of the mixed economy: that is, her view of the grand bourgeoisie — big industrialists, business-owners, money-men, the top tier of entrepreneurial inventors, and ultimately the wealthy broadly — as the heroic prime movers in business, and thus as the world’s motor, driving the production of the material means of survival and human flourishing. (See, for example, Atlas Shrugged or America’s Persecuted Minority: Big Business.) Though she’d no doubt fume at the description, one way of putting it is that she made her choices about what language to reclaim and what language to abandon on the basis of class solidarity. I have no quarrel with Rand’s procedure; but rather only with the particular class she chooses to stand in solidarity with. If Rand is right that the capitalist is the chief victim of the predatory state, and if the picture she draws of the archetypical capitalist is well-drawn, it makes perfect sense for her to reclaim the word capitalism for the free market as against political patronage. If, on the other hand, the bosses are the chief beneficiaries of the predatory state, and if the picture she draws of the archetypical capitalist is ill-drawn — if the archetypical boss is a busybodying mediocrity, a cunning predator, or a petulant grafter, and if their role in the workplace is a drag on the productive labor on the shop floor rather than the animating force behind it as Rand claims — then it makes perfect sense to locate the essence of capitalism elsewhere from where Rand locates it, and to treat capitalism as a term of criticism for political patronage as against the free market.

This may help serve as some explanation for why Rand is willing to identify with the term capitalism and even to invest the symbol of a government fiat currency with near-religious significance, while fully recognizing the predatory nature of the state-business nexus; it may also help to explain how, in spite of really detesting the stupidity and the atrocities perpetrated in the name of socialism, I can be so fond of old union songs, and how I can fly a red flag over my soap box while I preach the free market.

Further reading:

Semantic quibbles #2: Virtue Ethics

I don’t have much of anything useful to say about the Duke Lacrosse team rape case today. For news and commentary I’d suggest Justice 4 Two Sisters and Feminist Blogs. But I do have another reminder for those who have forgotten the logic of our language.

This reminder is in the form of a challenge, for neoconservative creepy spendthrift fascist David Brooks, in light of his recent foray into virtue ethics on behalf of something he calls the code of chivalry, and his complaints against sociological commentary. In order for Mr. Brooks to have his commentary on the commentary make sense, he’s going to need to explain a couple things:

  1. First, how the following are not terms that pertain to a discussion of character, or how they fail to highlight issues of morality:

    • Athletic thugs
    • Male predators
    • Lust
    • This whole sordid party scene
    • Entitlement and privilege
    • Inequality
    • Exploitation
    • Felt free to exploit
    • License to rape, maraud, deploy hate speech and feel proud of themselves in the bargain
  2. Second, how the following are something other than sociological hypotheses and sociological questions:

    • You would surmise that his character had been corroded by shock jocks and raunch culture
    • A community so degraded, you might surmise, is not a long way from actual sexual assault.
    • How have these young men slipped into depravity?
    • Why have they not developed sufficient character to restrain their baser impulses?
    • Today that old code of obsolete chivalry is gone, as is a whole vocabulary on how young people should think about character.

Any ideas? I’m open to suggestions. Without them, though, one just might fear that Brooks is drawing a false distinction. Or maybe even that in doing so, he’s misrepresenting the debate as one about over-arching methods. And that by doing so, he’s simply evading serious debate over, or even engagement with, substantively different views about morality and culture, or about the class structure of society, or about just what the ethic of chivalry really came to, and what it excused.

Just a thought.

For those willing to face the substantive part of this moral and sociological train-wreck head-on, see Jill @ Feministe (2006-04-09), Amanda @ Pandagon (2006-04-09), Echidne of the Snakes (2006-04-10), and Majikthise (2006-04-10), who’ve already said it better than I could.

Freedom Movement Celebrity Deathmatch

A head to head on ethics and legal authority, which may be of interest in light of recent squabbles.

Dr. Paul:

We're often reminded that America is a nation of immigrants, implying that we're coldhearted to restrict immigration in any way. But the new Americans reaching our shores in the late 1800s and early 1900s were legal immigrants. … We must reject amnesty for illegal immigrants in any form. We cannot continue to reward lawbreakers and expect things to get better. If we reward millions who came here illegally, surely millions more will follow suit. Ten years from now we will be in the same position, with a whole new generation of lawbreakers seeking amnesty.

Amnesty also insults legal immigrants, who face years of paperwork and long waits to earn precious American citizenship.

Dr. King:

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court's decision of 1954 outlawing segregation in the public schools, it is rather strange and paradoxical to find us consciously breaking laws. One may well ask: How can you advocate breaking some laws and obeying others? The answer is found in the fact that there are two types of laws: There are just and there are unjust laws. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with Saint Augustine that An unjust law is no law at all.

Dr. King wins.

Further reading

Libertarians Against Property Rights: “You Will Be Assimilated” Edition

Over at Positive Liberty, Timothy Sandefur and Jason Kuznicki seem intent on retreading an argument over immigration that I last saw in the clash of the fascists between Sam Huntington and David Brooks almost exactly two years ago. Here’s Sandefur, who apparently believes that he’s explaining a problem:

The illegal immigration problem is so severe in Southern California that it is difficult for people elsewhere in the country, including even Northern Californians, to really understand what's going on. Whole areas of Southern California are now virtually Mexico. The population of illegal immigrants is enormous, and climbing steadily, at the rates of at least hundreds per day.

— Timothy Sandefur, Positive Liberty (2006-03-30): Illegal Alienation

I’m still waiting to find out what the problem is, but Sandefur apparently believes he’s intimated at least part of it just by telling us that parts of Southern California are now, in some unspecified sense, like Mexico. (Well, so?)

Here’s what Sandefur takes to be the most serious objection to Mexicans moving in without permission slips from the federal government:

The most serious, to me, is philosophical. You cannot have a free society among people who do not understand the cultural and philosophical framework of freedom. Allowing people into a nation who do not identify themselves as part of that nation–who do not speak the language, who do not observe the holidays, who do not know or care about the history and ideals and cultural icons–is simply suicidal.

— Timothy Sandefur, Positive Liberty (2006-03-30): Illegal Alienation

Of course, it is almost certainly true that freedom requires a certain cultural and philosophical framework, and it would be good if everybody adhered to it. But I’m baffled by the suggestion that speaking the prevalent language, observing the prevalent holidays, or knowing or caring about the history and ideals and cultural icons of whatever country you intend to move to are essential parts of that cultural and philosophical framework. There’s no special affinity between liberty and monolinguism, between freedom and observing any particular theo-nationalist liturgical calendar, or between autonomy and being interested or well-versed in any particular part of the history of the foreign land that you are moving to. (I’d suggest, if anything, that having to negotiate many different languages, many different cultures, many different understandings of history and pop culture, can be just as conducive to freedom, if not more conducive to freedom, as any sort of constructed nationalism.)

But this is ultimately beside the point anyway. Even if failing to learn English was a dreadful threat to the prospects of liberty; even if not celebrating Veterans’ Day or Flag Day or Arbor Day were an ominous step towards totalitarianism, it would provide absolutely no justification whatever for using force to stop people from traveling to property where they are welcomed by the owner (either out of hospitality, or because they pay rent, or because they are prepared to buy it for themselves). Certain kinds of bad thoughts may very well be corrosive to liberty, but there’s no libertarian justification in restraining, beating, shooting, detaining, jailing, or exiling somebody just for having bad thoughts. Neither you nor the government has any right to force people off of property onto which they have been invited, even if you think that their presence is a looming danger to the future of liberty in America, unless they have actually done or threatened real violence to somebody else. Vices are not crimes, and only crimes can justly be resisted by force.

That argument seems simple, and obvious. So why don’t more advocates of immigration just stick to their guns and make it? Perhaps it’s understandable that non-libertarians don’t make it, but what about libertarians? Why does Kuznicki take this to be the most natural line of response to Sandefur?

In the immortal words of Locutus of Borg, ...

Freedom is irrelevant. Assimilation is inevitable.

Subsequent evidence runs against Jefferson's prediction. The United States has absorbed substantial waves of Irish, East European, and East Asian immigrants, none of whom came from countries or cultures that habituated them to freedom. Many spoke little or no English and were almost wholly ignorant of the American system. Yet after a generation or two — and often much sooner — they turned out pretty much like any other group of Americans.

What we are experiencing now is entirely within the bounds of the demographic precedents set by these other groups: As a proportion of the general population, the number of immigrants today is roughly on par with levels that we have experienced in the past, as this (intentionally?) misleading graph actually demonstrates quite well (hint: look at the percentages).

Given the demographic similarities and historical precedents, I have little reason to fear that Latinos will somehow be different — unless, that is, we give them incentives not to assimilate.

— Jason Kuznicki, Positive Liberty (2006-03-30): How I’d Reform Immigration

What legitimate reason has the United States government to care whether or not Latin@s assimilate or don’t assimilate? What legitimate reason have we got to make the decision whether or not to use force to stop immigrants (or to exile them from their current homes) on the basis of whether or not they are willing to assimilate to the surrounding culture? Maybe they will and maybe they won’t; but whatever the virtues or vices of declining to assimilate, it’s not a hanging crime, and neither you nor anybody else has the person to destroy a person’s livelihood, clap them into irons, and force them back out of the country over it. Neither you, nor anybody else, has the right to harass, shove, restrain, beat, or shoot people to stop them from entering the country over it. The only issue here is the freedom of movement of the immigrant, and the property rights of whoever owns the property where the immigrant is staying. (If the immigrant is trespassing, of course, there are already laws against that; it has nothing in particular to do with immigration.) Sandefur, for his part, thinks he has a reply to this. Here it is:

First, it must be kept very clear that no person has a natural right to enter another country against the will of those citizens. A person has a natural right to leave his [sic] own country, no doubt. But a political society is an agreement among people for purposes of the common defense, and the people therefore have the right to decide whether or not to allow others in. So long as they do not make that decision on an arbitrary basis, they have the right to refuse to extend citizenship or entry to others if they wish. So no person has the right to force his [sic] way into the another nation and demand to be accepted.

— Timothy Sandefur, Positive Liberty (2006-03-30): Illegal Alienation

If Sandefur were right about this, it would provide a basis for taking things like assimilation into account when you’re setting immigration policy. If it were a matter of resisting people trying to force her way in against the will of people who have a right to keep them out, then you might very well think that any number of factors might be good reasons for stopping them rather than letting them in.

But he’s not right; that’s not what this is about. The appeal is nothing more than overt, garden-variety political collectivism, which tricks itself out in a few of the rhetorical cadences of property rights while actually assaulting those property rights in the name of collective coercion of innocent individual people. Sandefur would have The People decide whether or not to allow others in, but in a way that systematically denies individual people the right to decide whether or not to allow others in to their own property. Of course, there is no natural right to enter another person’s land against the will of that person (that’s just trespassing). But I take it we’re not talking about trespassing law here. We’re talking about an immigrant who’s made arrangements for a place to stay with a willing landlord — through the hospitality of people she knows, or by paying rent for the space, or by buying it for herself from the previous owner. Who is, therefore, welcomed by the owners of the property. The only people deciding not to allow her in are, ex hypothesi, people other than the owners, third parties — nativist voters, opportunistic legislators, La Migra, or whoever else — who think that force of numbers or the writ of The Law gives them some kind of right to impose their decisions on other people’s property.

There are political theories that would approve of this kind of bullying and coercion — as long as it had the right majoritarian or authoritarian backing. But libertarianism is not one of them. If I invite a Mexican worker into my home, she or he has got a right to stay there as long as I (and my landlord) permit it. If a local factory gives her a job, she’s got a right to work there as long as she and the employer want her to continue. If she’s happy to keep speaking Spanish and I’m happy to let her stay without speaking English, then she still has a right to stay. If she’ll work on Dead Prez Day and the factory is happy for her to work on it, then she still has a right to stay. There is no way for La Migra to butt in, whether she is willing to assimilate or not, without mounting an assault on both her and on my rights to do as I please with my own home, or the factory’s rights to hire whom they please. Whether or not Mexican workers are interested in assimilating to any particular local culture is interesting only as an empirical question, a matter of idle sociological curiosity. It has absolutely no bearing on the question of right, because your ideas about culture don’t trump my right to my own land, and they don’t trump her life, liberty, or livelihood. Period.

When the topic is immigration policy, please just shut up about cultural assimilation. Whether it is happening or not, and whether it ought to happen or not, it is completely irrelevant to the course of (in)action that the government ought to pursue.

Further reading:

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