(Via William Gillis 2009-04-22.)

I’ve never given much of a damn about how many NLRB rulings the Wobbly baristas at Starbucks might be able to win; or about conventional labor politics like the debate among labor bosses and corporate bosses over card-check procedures for NLRB recognition. The reason I haven’t given much of a damn is that those sorts of things aren’t worth it. The NLRB is a rigged game, and a tool of the corporate State; it uses superficial privileges, illusory benefits, and the most rigid sort of regimentation to domesticate the labor movement, and to bury any potential for dynamism or for radical socio-economic change under red tape, paperwork, and politically-controlled rules of engagement. That sort of thing it is, increasingly, demonstrably ineffective; it’s also authoritarian, and ultimately founded on coercion. But, also, that shit is just boring. Why waste your damns on that sort of thing, when there are things like this to give a damn about — solidarity expressed through free market action, and fight-to-win unionism carried out through free association on the shopfloor, without the permission of bosses or bureaucrats:

WORKER DISCONTENT over Starbucks’ pay and conditions set the stage for organizing. In May 2004, workers at a midtown Manhattan Starbucks launched the SWU.

From the beginning, the company went all out to bust the union. We wanted to negotiate with Starbucks over our serious concerns, [Starbucks Workers’ Union organizer Erik] Forman recalled. But rather than sit down at a table with us, the bosses began writing checks to the union-busting consultants of Akin Gump and the PR flacks at Edelman, the world’s largest public relations firm. They contracted Edelman to craft a facade of social responsibility.

At first, workers filed for a NLRB election to vote on union recognition. Starbucks responded by using its political clout to gerrymander the bargaining unit from one pro-union store to every store in midtown and downtown Manhattan, Foreman said.

The workers realized they couldn’t win, so they tried a different tack. Unable to go the traditional route to unionization via an NLRB election, they drew on more radical traditions–fighting back around wages, benefits and working conditions and recruiting baristas to the union without official NLRB recognition. As Forman says:

We’ve decided to go back to the basics of the labor movement. Workers organized unions before 1935, before we had a right to organize…In developing an organizing model that works in the service industry, we’ve gone back to the roots of unionism, opting for a strategy that puts direct action at the center. We’ve been able to spread because we’ve done something that business unions would consider unthinkable–we’ve put our organization entirely in the hands of rank-and-file baristas.

Forman said that the SWU emphasizes what it calls solidarity unionism–that is, the idea that workers are most powerful where the bosses need us most: on the shop floor. Our power as workers comes from our ability to withhold our labor, or interfere with the production process in other ways.

At the Mall of America last summer, workers confronted management about unbearable temperatures in the store. As Forman described it:

We had been complaining about how hot it was for years, but management refused to buy a fan or install air conditioning because it was too expensive. At the same time, our store was pulling in $30,000 a week.

One morning, four of my coworkers walked into the back room of our store and gave the boss an ultimatum: Will you buy the store a fan? Yes or no? He stalled….so my four coworkers walked off the job, got in a car and drove to Target, leaving the boss to cover the floor. He was livid.

About 20 minutes later, my coworkers walked back in with a $14 box fan. They plugged it in, wrote Courtesy of the IWW, drew a small black Sabotage cat [the IWW logo] on it, and enjoyed the breeze.

This left management with a choice. They could either remove the fan, in which case they would look like jerks. Or they could leave it there, as a monument to their own negligence.

To their credit, they did the right thing. Two days later, the district manager arrived with a $150 industrial floor fan. Two weeks later, they began installing air conditioning. This is the power of direct action. One week, $40 is too much to spend to bring the temperature in the store to within OSHA standards. The next week, management is spending $10,000 to keep the workers happy.

— Adam Turl, SocialistWorker.org (2009-04-17): Standing up to Starbucks

Direct action gets the goods.

From an excellent recent feature on Strike the Root on a distinction I’ve discussed here before — what he calls a distinction between privatizing and marketizing, and what I called the distinction between privateering and the socialization of the means of production:

… [I]f the New York subway system is basically a government monopoly, then simply leasing, selling, or transferring it from our local Transit Authority to a politically-vetted outside agency doesn't make it less of a monopoly per se. It's just the same system with a different face and attitude to hide its statist legacy. All that's changed is that the privatized option is supposedly run more efficiently.

Indeed, schemes like these are more about efficiency than they are about reducing the state's presence and legacy.

So many problems arose with the Indiana deal championed by Stossel that even the local arm of the Indiana Libertarian Party opposed it. The contracts were for a 75-year lease in return for $3.8 billion to the government's coffers – pretty sweet deal, no? The bidding process wasn’t very transparent, nor did it even involve local community input as a courtesy. Ultimately the foreign firms that were awarded contracts by the Indiana government to take over and manage its toll highway are now profiting from an infrastructure put in place neither by their own free efforts nor on their own dime, but by the state. It's a de facto double charge to drivers, who have to pay high tolls to access the very infrastructure they financed through their exploited tax dollars in the first place. Is that so unlike the government taking away a family’s home via eminent domain, giving the land to a corporation like Wal-Mart, and then celebrating this criminal act as if it were a part of free enterprise?

Every market enterprise involves risks, costs, and profits. The market way is that all three aspects are privatized. . . . But Indiana ‘s privatization scheme involves privatizing the profits while passing on many of the original costs and risks to everyone else whether they like it or not. Governments aim to socialize all three factors — though here again it’s usually small cliques of the politically-connected who reap the most benefits at our unwitting expense. How utterly revealing! Why do so many privatization cheerleaders, however libertarian they may be otherwise, ignore that?

Because they want it both ways.

The appeal of public-private partnerships is that they seem to be a win-win situation — capitalists are happy because they get to make profits through shifting day-to-day management from politicians to themselves; politicians are happy because they still have ultimate control and bargaining power, and can claim to cut waste and big government just in time for the election; customers are happy because the services become nominally more efficient and there’s no taxes or surly public servants involved. Yes, they look like market entities on the surface, and yet we can still have the aegis of the State in the background so as not to appear too radical for the Zogby polls. After all, we love capitalism, right?

The idea that you can somehow run government like a business and get the best of both worlds is absurd because the incentives and economic calculation just aren't there. Public-private partnerships reek of the Original Sin of state privilege, monopoly and exploitation, and they can never escape that legacy. Even the very language of privatization alienates so many people already that when libertarians talk about replacing government services with market-based ones, folks assume we're shilling for corrupt things like Halliburton or Blackwater or wimpy school vouchers. Instead of merely privatizing the management of existing monopoly government infrastructure, let's focus on augmenting and replacing it outside the statist complex, through marketization.

We’ve never had a central state agency handling food production and distribution to all 300 million Americans. We have thousands of independent enterprises big and small that have evolved instead, and this works just fine even with state subsidies and agencies in the mix. This is marketization in essence. We certainly don’t need a monolithic Food Agency to develop, and then evolve into an equally monolithic public-private partnership, because it would be no more effective than the decentralized market structure that currently feeds us.

So I propose to Indiana (and New York for that matter): Instead of just transferring a government-run highway into the hands of some politically-connected firm in a sweetheart deal, why not simply permit firms to build and run their own independent (privately built and owned) highways, subways, schools, hospitals, and taxi/limousine services to supplement and replace the existing statist monopolies? Or better, ignore the state and do it anyway?

— Marcel Votlucka, Strike the Root (2009-03-27): Don’t Privatize, Marketize! Boldface is mine.

Read the whole thing.

See also:

• GT 2007-11-08: Sprachkritik: Privatization
• GT 2008-11-14: So you are in favor of personal money holes?
• GT 2008-12-01: Yes, Virginia, government roads really are government subsidized, and no, they don't approximate freed-market outcomes

Several months ago, Bill Patry created quite a stir when he shuttered his blog, where he’d spent four years promoting copyright law reform. One of his two chief reasons for the shut-down was despair at the state of copyright law:

2. The Current State of Copyright Law is too depressing

This leads me to my final reason for closing the blog which is independent of the first reason: my fear that the blog was becoming too negative in tone. I regard myself as a centrist. I believe very much that in proper doses copyright is essential for certain classes of works, especially commercial movies, commercial sound recordings, and commercial books, the core copyright industries. I accept that the level of proper doses will vary from person to person and that my recommended dose may be lower (or higher) than others. But in my view, and that of my cherished brother Sir Hugh Laddie, we are well past the healthy dose stage and into the serious illness stage. Much like the U.S. economy, things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together again: multilateral and trade agreements have ensured that, and quite deliberately.

It is profoundly depressing, after 26 years full-time in a field I love, to be a constant voice of dissent. I have tried various ways to leaven this state of affairs with positive postings, much like television news shows that experiment with happy features. I have blogged about great articles others have written, or highlighted scholars who have not gotten the attention they deserve; I tried to find cases, even inconsequential ones, that I can fawn over. But after awhile, this wore thin, because the most important stories are too often ones that involve initiatives that are, in my opinion, seriously harmful to the public interest. I cannot continue to be so negative, so often. Being so negative, while deserved on the merits, gives a distorted perspective of my centrist views, and is emotionally a downer.

— Bill Patry, The Patry Copyright Blog (2008-08-01): End of the Blog

In one sense, it’s hard not to sympathize. Existing copyright law has been more or less fully transformed into an openly wielded tool of perpetual corporate monopoly. The horizons of allowable debate over copyright policy, within the Beltway, stretch from one end of Disney’s boardroom to the other. Neither political party questions that the primary purpose of copyright law is to protect copyright-holders’ monopoly profit margins, and no serious politician would ever consider spending a dime of political capital on a suggestion that perhaps we should contain — let alone roll back — the hyperaggressive efforts of copyright monopolists to protect their broken business models, by using litigation and legal coercion to cripple every advance in digital technology, and locking down every last decibel of free speech in a corporate copyright containment field. Even if a politician did choose to stand up for the freedom to peacefully exchange, adapt, and redistribute ideas, it could hardly matter; she would be immediately drowned out by a chorus of Endangered Capitalist preservationists on both sides of the aisle. And even if she could be heard, any attempt she might make at a run towards reform would be promptly tripped up by the knotted tangle of multilateral trade agreements (NAFTA, CAFTA, the WTO), which (in the name of free trade and private property rights–ha, ha) actually lock all the participating governments into a relentless commitment to granting and defending effectively perpetual government-granted monopolies, as part of their treaty obligations. There is no real hope of extricating U.S. government copyright law from this situation in any significant way; the pols and the Intellectual Protectionist lobby crossed that bridge a long time ago, and they made sure to burn it once they got to the other side.

Like I said: it’s hard not to sympathize. In fact, since my own views about copyright restrictions are far more radical than the ones Patry advances — I want them abolished immediately and completely; I think that any dose of intellectual monopoly is a dose of poison — you think I’d be far more depressed than he is about the state of affairs. But the truth is that I’m not pessimistic at all about copyright. One of the main things that struck me, back when I first read Patry’s farewell post, is how much of a disconnect I felt between his picture of the legal scene, and the actual situation on the ground when it comes to copyright restrictions. In fact, even though everything Patry says about the legal situation is true, there’s never been a better time for being able to freely access the art and literature of the world. As a recent New York Times feature points out:

On the day last July when The Dark Knight arrived in theaters, Warner Brothers was ready with an ambitious antipiracy campaign that involved months of planning and steps to monitor each physical copy of the film.

The campaign failed miserably. By the end of the year, illegal copies of the Batman movie had been downloaded more than seven million times around the world, according to the media measurement firm BigChampagne, turning it into a visible symbol of Hollywood’s helplessness against the growing problem of online video piracy.

The culprits, in this case, are the anonymous pirates who put the film online and enabled millions of Internet users to view it. Because of widely available broadband access and a new wave of streaming sites, it has become surprisingly easy to watch pirated video online — a troubling development for entertainment executives and copyright lawyers.

Hollywood may at last be having its Napster moment — struggling against the video version of the digital looting that capsized the music business. Media companies say that piracy — some prefer to call it digital theft to emphasize the criminal nature of the act — is an increasingly mainstream pursuit. At the same time, DVD sales, a huge source of revenue for film studios, are sagging. In 2008, DVD shipments dropped to their lowest levels in five years. Executives worry that the economic downturn will persuade more users to watch stolen shows and movies.

Young people, in particular, conclude that if it’s so easy, it can’t be wrong, said Richard Cotton, the general counsel for NBC Universal.

People have swapped illegal copies of songs, television shows and movies on the Internet for years. The slow download process, often using a peer-to-peer technology called BitTorrent, required patience and a modicum of sophistication by users. Now, users do not even have to download. Using a search engine, anyone can find free copies of movies, still in theaters, in a matter of minutes. Classic TV, like every Seinfeld episode ever produced, is also free for the streaming. Some of these digital copies are derived from bootlegs, while others are replicas of the advance review videos that studios send out before a release.

TorrentFreak.com, a Web site based in Germany that tracks which shows are most downloaded, estimates that each episode of Heroes, a series on NBC, is downloaded five million times, representing a substantial loss for the network. (On TV, Heroes averages 10 million American viewers each week).

A wave of streaming sites, which allow people to start watching video immediately without transferring a full copy of the movie or show to their hard drive, are making it easier than ever to watch free Hollywood content online. Many of these sites are located in countries with lackluster piracy enforcement efforts, like China, and are hard to monitor, so media companies do not have a clear sense of how much content is being stolen.

— Brian Stelter and Brad Stone, New York Times (2009-02-04): Digital Pirates Winning Battle With Studios

Of course, the New York Times has mistaken this for a problem; but if you recognize that the Intellectual Protectionists’ restrictive business model is the real problem, what we’re now seeing is the solution. Not because the copyright laws have become even a little more liberal, but rather because they have become irrelevant to people’s daily lives. Even though everything Patry says about the legal situation is true, it becomes easier every day for me to find freely-shared copies of just about any song I could care to hear, or to find any number of supposedly copyrighted essays, available for free on the web, or to find any movie I could care to watch, whether it’s an old classic from the film-monopolist’s vaults, or a new release that just hit theaters. And because so much is so freely available, even officially-sanctified copies of copyrighted material are being dropped in price (typically below US $1.00 a pop) and DRM user-control schemes are being dropped one after another. Even though everything Patry says about the legal situation is true, the practical situation on the ground is remarkably good, and it’s getting better every day. Of course, things are far from perfect. Of course, lots of copyright-holders are still looking for a fight with people trying to exchange ideas without paying a premium for a license. And of course, the legal situation is such that they can get pretty nasty, if they scout you out come after you on the legal battlefield. But first they have to scout you out. First, they have to get you to fight them on the open ground. And every day, they are finding their efforts more and more impossible. No matter how many big guns they may bring to bear, when they try to fight us, they find that they are fighting a Myrmidon army that renders those weapons increasingly useless.

So why Bill Patry’s despair? If you want to see copyright restrictions liberalized, then it may be true that the words on a page in Washington are worse than they’ve ever been; but the facts on the ground are perhaps better than they’ve been at any other time in the history of the United States. And while there is no hope for revising those words for the better any time soon, the facts are changing for the better every day, all their lawyers and their lobbyists and their intergovernmental treaties notwithstanding — they are improving daily as technical problems are solved, as new sharing networks emerge, and as the problem of even identifying the competition, let alone shutting them down, becomes more and more overwhelming for the copyrightists’ rear-guard legal strategy.

Why despair, or even care about the legal situation at all, if the practical situation makes the law irrelevant? A law that cannot be enforced is as good as a a law that has been repealed, and that is where we’re headed, faster and faster every day, when it comes to the intellectual monopolists and their jealously guarded legal privileges.

Statists constantly accuse anarchists of being naive, or utopian, or infantile, because we so often question the value of playing the game and working within the system. But if this is supposed to be a strategy based on the empirical prospects for success — and not just on some kind of felt need to come off as properly Serious and Grown Up to the right sort of people — then let’s look at the facts, and let’s see what kind of activity actually offers proven results, and realistic hope for success in the future.

If you put all your hope for social change in legal reform, and if you put all your faith for legal reform in maneuvering within the political system, then to be sure you will find yourself outmaneuvered at every turn by those who have the deepest pockets and the best media access and the tightest connections. There is no hope for turning this system against them; because, after all, the system was made for them and the system was made by them. Reformist political campaigns inevitably turn out to suck a lot of time and money into the politics–with just about none of the reform coming out on the other end. But if you put your faith for social change in methods that ignore or ridicule their parliamentary rules, and push forward through grassroots direct action — if your hopes for social change don’t depend on reforming tyrannical laws, and can just as easily be fulfilled by widespread success at bypassing those laws and making them irrelevant to your life — then there is every reason to hope that you will see more freedom and less coercion in your own lifetime. There is every reason to expect that you will see more freedom and less coercion tomorrow than you did today, no matter what the law-books may say.

Counter-economics gets the goods.

See also:

• GT 2008-01-26: In which I fail to be reassured
• GT 2008-02-25: I am shocked! shocked! to find that politics is going on in here

Here’s the profile picture from Kal’s blog, Two, Three, Many…; Kal gets an award from the Ministry of Culture of this secessionist republic of one, for the most awesome cultural mash-up of the past month, at least:

See also:

• GT 2008-07-26: On chutzpah

It’s a shame about his later work, but The Gulag Archipelago, at least, is a work of passion, insight, and genius. And a work that has a lot to say to us here in the Free World today–perhaps more than we would like to admit.

Why, then, should you run away? And how can you resist right then? After all, you'll only make your situation worse; you'll make it more difficult for them to sort out the mistake. And it isn't just that you don't put up any resistance; you even walk down the stairs on tiptoe, as you are ordered to do, so your neighbors won't hear.

And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood that they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? After all, you knew ahead of time that those bluecaps were out at night for no good purpose. And you could be sure ahead of time that you'd be cracking the skull of a cutthroat. Or what about the Black Maria sitting out there on the street with one lonely chauffeur — what if it had been driven off or its tires spiked? The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt!

If... If... We didn't love freedom enough.

(Via The Picket Line 2008-08-06.)