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Patents kill

So, it turns out that today is–by edict of WIPOWorld Intellectual Property Day 2005. Among the objectives set out for the day are:

  • To increase understanding of how protecting IP rights helps to foster creativity and innovation;
  • To raise awareness of the importance in daily life of patents, copyright, trademarks and designs.

Well, who could disagree with such educational goals? The Ministries of Culture and Science in this secessionist republic of one applaud the educational purposes of World Intellectual Property day, and offer the following in the effort to raise awareness of the importance in daily life of patents and copyrights, and to make sure that you understand exactly how protecting IP restrictions is fostering creativity and innovation.

Intellectual property restrictions are government-granted monopolies. They have nothing, actually, to do with property rights; what they do is seize ordinary people’s property and hold it hostage to the license-holders’ demands for ransom. They kill innovation because they kill new products; they kill new products because they invade other people’s real property — meaning pens, paper, scanners, computers, DVD players, and so on — in the attempt to lock down ideas — which are, by nature, non-rivalrous resources; this amounts to nothing less than a systematic and ruthless intellectual enclosure movement against what is and ought to be the common property of all humanity.

Now, as a techno-geek, I don’t like how this strangles the amazing innovation that we could be seeing in the intelligent use of audio, video, and text content, in this age of cheap computers and plentiful storage. But the plain fact is that this isn’t, really, about what your latest gizmo can or can’t do with your music library, and it’s not a topic for polite debate and economic wonkery. This is life and death. For example, in India recently:

India, a major source of inexpensive AIDS drugs, passed a new patent law yesterday that groups providing drugs to the world’s poorest patients fear will choke off their supply of new treatments.

The new law, amending India’s 1970 Patent Act, affects everything from electronics to software to medicines, and has been expected for years as a condition for India to join the World Trade Organization.

But because millions of poor people in India and elsewhere — including by some estimates half the AIDS patients in the Third World — rely on India’s generic drug industry, lobbyists for multinational drug companies as well as activists fighting for cheap drugs had descended on New Delhi to try to influence the outcome.

It’s very disappointing, but it could have been worse, said Daniel Berman, a coordinator of the global access campaign for the medical charity Doctors Without Borders. All generics could have been removed from the market.

Instead, all the generic drugs already approved in India can still be sold, though sellers must now pay licensing fees. There are also provisions allowing companies that make generics to copy drugs in the future.

But there are relatively tough criteria for such copying, and activists predicted that prices for newly invented drugs will be much higher, because drug makers will have the same 20-year patent monopolies as they have in the West. As AIDS patients develop resistance to old drugs, new treatments will become less affordable, they said.

In addition, it is unclear whether makers of generic drugs in other countries, like Brazil, China and Thailand, will fill any increasing demand for cheaper medicines.

All Western countries grant product patents on new inventions. Since 1970, India has granted process patents, which allow another inventor to patent the same product as long as it was created by a novel process. In pharmaceuticals, that has meant that a tiny tweak in the synthesis of a molecule yields a new patent. Several companies can produce the same drug, creating competition that drives down prices.

Before 1970, India’s patent laws came from its colonial days, and it had some of the world’s highest drug prices. Process patents on drugs, fertilizers and pesticides have extended life expectancy and ended regular famines.

In Africa, exports by Indian companies, especially Cipla and Ranbaxy Laboratories, helped drive the annual price of antiretroviral treatment down from $15,000 per patient a decade ago to about $200 now. They also simplified therapy by putting three AIDS drugs in one pill. Dr. Yusuf Hamied, Cipla’s chairman, called the new law a very sad day for India.

— New York Times 2005-03-24: India Alters Law on Drug Patents

And the same folks want to do the same thing to Latin America, through the adoption of CAFTA:

Found to be HIV-positive shortly before her husband died of AIDS-related complications last fall, an ailing Garcia was convinced of her own death sentence. But generic drugs have kept the virus in check and restored 60 lost pounds to her frame.

I now have hope, said the 52-year-old grandmother and flower vendor, who gets her medicine free from a nonprofit clinic.

Public health experts fear that hope might fade for Garcia and thousands of the region’s chronically ill if the Dominican Republic-Central American Free Trade Agreement, known as CAFTA, is approved this year.

Under the pact American pharmaceutical giants would gain a five-year edge on the development of new drugs by low-cost competitors. Generic versions of name-brand drugs are the main weapon for battling the AIDS pandemic in the developing world.

Healthcare activists say those intellectual property protections would drive up the cost of treating chronic conditions, particularly HIV/AIDS, sufferers of which routinely develop resistance to old medications. About 40 million people worldwide are infected with HIV, the virus that causes AIDS, and more than 275,000 of them live in the six Latin American CAFTA nations, according to United Nations statistics.

— LA Times 2005-04-22: AIDS Patients See Life, Death Issues in Trade Pact

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 desparately poor of the world. The multilateral so-called free trade agreements of the past couple decades — NAFTA, the WTO, and upcoming plans such as CAFTA and the FTAA — are slowly cutting back on traditional industrial protectionism while dramatically expanding the scale, scope, and deadly reach of intellectual protectionism.

To hell with that. Intellectual property is not about incentivizing or encouraging or opportunities. It’s about force: invading other people’s property to force them to render long-term rents to you long after you have stopped putting any particular work into what you’re claiming to be yours. A necessary corollary is that it also means invading those who offer innovations based on the work that you have done unless those innovations comply with a very narrow set of guidelines for authorized use. You have no right to do that, and you sure don’t have the right to do it at the expense of innocent people’s lives. A free society needs a free culture. Patents kill and freedom save people’s lives. This is as simple as it gets. Écrassez l’inf?@c3;a2;me: écrassez l’etat.

Further reading

The mask of the State slips, for a moment

(Via Catallarchy 2005-03-29.)

Treasury Secretary Snow came to Portland a couple of weeks ago to hawk the Bush administration’s Social Security plan (i.e., inflicting another goddamn government-controlled account on you and calling it freedom); Captain Arbyte attended and stuck him with a tough question that puts the lie to the ownership society rhetoric.. Good show; but it turns out that before he even got the chance to ask, Snow had already let the mask of the State slip, for just a moment, before hurriedly putting it back in place (emphasis mine):

The fourth question asked about potential changes to existing retirement accounts. Snow said that Social Security was never intended to be a person’s only source of retirement income, and that FDR was clear about this when the program was enacted. Snow praised Health Savings Accounts in particular as a savings vehicle. He said that the young are notoriously poor savers, and that it’s an advantage of the President’s system that it forces people to save. Foot in mouth, he quickly rephrased it as an opportunity. (Thanks Steve; I missed the rephrasing.) He finished by saying that he’s in favor of savings — well, at least he’s clearly not a Keynesian.

But, of course, that’s what the Bush plan is, no matter how lovely the mask and no matter how polite the language: it is a plan for forcing people to save for their retirement against their will. And, while we’re at it, so is Social Security: whether you think you have a better use for your money or not, whether you think you can get a better rate of return from your local bank or not, whether you would feel more secure not being dependent on U.S. government entitlements for your retirement income or not, you will be forced to turn the money over to the government’s approved uses, and you will be forced to do so under any Yet Another Damn Account plan that Bush and his gang come up with. Don’t believe me? Try not paying your Social Security tax and see what happens to you.

In the world of State bureau-speak, the State offers opportunities, not threats, and opportunities do not exist until the State creates them. In Snow’s world there are apparently no brokers, no banks, and no mason jars, so young people do not have an opportunity to save unless the government issues an edict forcing them to do it. Just like No Child Left Behind gives schools an opportunity to hire more credentialed teachers and increase standardized testing. Just like jail gives potheads an opportunity to reconsider their dissolute life. Just like the draft gave our boys an opportunity to serve their country. Of course, this is all the polite way of saying that no matter what individual people who know about their own lives better than you do decided the best course of action to be, given their present circumstances and limited resources, you will need to comply with what the government tells you is best and if you do not comply some dude with a gun or a billy-club will come to your house and make you do it, or take you to jail for not doing it, or both. As Ludwig von Mises said:

It is important to remember that government interference always means either violent action or the threat of such action…. Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning. Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

–Ludwig von Mises, Human Action, ch. XXVII, p. 719

Now, let me be clear. The fact that an edict is backed by the threat of force is not a decisive argument against it. There is nothing wrong with using force to stop murder, or slavery, or robbery, or rape. But the point here is that if you are going to go around in favor of this or that government program you had better be clear about what that entails and it had better be something that it’s worth using force to achieve.

So, now, remind me. Why should I be forced to save for my own retirement?

Anarquistas por La Causa

Today, 31 March 2005, is César Chávez Day–the 78th anniversary of Chávez’s birth near Yuma, Arizona, and a state holiday (I’m told it’s officially celebrated in California, Arizona, Colorado, New Mexico, Texas, Utah, and Michigan) commemorating his lifelong work as an union organizer, agitator, and Chicano activist in the Southwestern United States. Chávez, together with Dolores Huerta, co-founded the ground-breaking United Farm Workers, and organized and inspired a generation of organized labor and Chicano community activists. Hugo Schwyzer has some more thoughts on Chávez’s legacy today; and of course you can find plenty to read from the United Farm Workers’ website.

As far as commemorating Chávez goes, they’ve said it better than I could. I’ll be commemorating the day by talking some more about libertarianism, organized labor, and the struggle of farmworkers in southern Florida–the workers organized by Coalition of Immokalee Workers and the Taco Bell Boycott they launched and, just a few days ago, won–a campaign that was directly inspired by the UFW grape boycott that Chávez helped craft and win, and a campaign that was thrilled to receive the UFW’s endorsement in August 2001.

A few days ago, I prodded Daniel D’Amico in this space and in commentary on his blog over his criticisms of the Taco Bell boycott. He’s since come back with a reply to my prodding and to some similar concerns raised by other commentators. And since we have a nice convergence between the date and a question that might be of some interest–that is, libertarianism and labor, and the compatibility of principled anti-statism and a fighting labor movement–I figured that now is as good a time as any to offer a response to the response.

Before we begin, though, let’s hop onto a long tangent about terminology. Daniel leads off his argument by saying:

The Austrian school and libertarianism alike are against government control of market transactions, but the CIW appears to be refraining from such tactics, so what’s my problem anyway? Simply put I believe, there are more ways to be anti-capitalist than just using government. Mainly promoting ideas that capitalism is evil or claiming it resorts to rampant market failure are, in my view, anti-capitalist.

Some of Daniel’s other commentators had asked him what he thought made the boycott anti-capitalist, but I didn’t and I’m not going to. I don’t have any strong opinions on whether or not the Taco Bell boycott is anti-capitalist because I haven’t got any strong opinions about what capitalism (or, a fortiori, anti-capitalism) means. It seems to me that has been used to describe at least three different things, two of which are mutually exclusive and one of which is independent of those two. These are:

  1. The free market: capitalism has been used, mostly (but not exclusively) by its defenders to just mean a free market, i.e., an economic order that emerges from voluntary exchanges of property and labor without government intervention (or any other form of systemic coercion).

  2. The corporate State: capitalism has also been used, sometimes by its opponents and sometimes by the beneficiaries of the system, to mean a corporate State–that is, active government support for big businesses through instruments such as subsidies, central banking, tax-funded infrastructure, development grants and loans, special tax exemptions, funding plants, acquiring land through eminent domain, government union-busting, and so on down the line. Since government intervention is always, by nature, either services funded by expropriated tax dollars or regulations enforced from the barrel of a gun, it’s worth noting that being capitalist in the sense of a free marketeer requires being anti-capitalist in the sense of opposing the corporate State, and vice versa. The fact that state socialists and the anti-communist Right have spent the past century systematically running these two distinct senses of capitalism together (in order to make it seem that you had to swallow the corporate State if you believed in the free market–which the Marxists used for a modus tollens and the Rightists used for a modus ponens) doesn’t make these two any less distinct, or any less antagonistic.

  3. Boss-directed labor: third, capitalism has been used (by for example, Marxians and socialists who are careful about their use of language) to refer to a specific form of labor market–that is, one where the dominant form of economic activity is the production of goods in workplaces that are strictly divided by class. Under capitalism in the third sense, most workers are working for a boss, in return for a wage; they are renting out their labor to someone else, in order to survive, and it is the boss and not the workers who holds the title to the business, the shop, and the tools and facilities that make the business run. (Or, as the Marxists would have it, the means of production.) It’s worth noting that capitalism in this third sense is a category independent of capitalism in either of the first two senses: there are lots of different ways that a free labor market could turn out (it could be organized in traditional employer-employee relationships, or into worker co-ops, or into community workers’ councils, or into a diffuse network of shopkeeps and independent contractors) and someone who is an unflinching free marketeer might plump for any of these, or might be completely indifferent as to which one wins out; whereas an interventionist statist might also favor traditional employer-employee relationships (as in Fascism) or any number of different arrangements (as in various forms of state socialism).

With these distinctions on the table, it’s worth pointing out that many 19th century libertarians–Benjamin Tucker chief among them–who considered themselves both radical free marketeers and radical critics of capitalism; what they meant was that they attacked capitalism in senses (2) and (3)–holding that state intervention on behalf of big business was unjust and at the root of most social evils, including the exploitation and impoverishment of workers which they identified as being part and parcel of capitalism in the third sense. (They also believed that exploitative and impoverishing practices would collapse in a free market; although many of the practices of landlords, bankers, bosses, etc. were not coercive in themselves, Tucker and his circle argued, they were evils that workers would not put up with if it weren’t for a background of systemic coercion and restriction of competition. So they were worth railing against, even if they were not themselves forms of aggression.)

I point all this out because I don’t think there’s actually anything about being a libertarian, or an Austrian about economics, that requires you to plump for capitalism in the second or third senses. Both Austrian economics and libertarian theories of justice require you to be a free marketeer, of course, but whether that makes you capitalist, anti-capitalist, or just doesn’t decide the matter one way or another depends on how you pin down the term capitalism. Part of my worry is that the way that statists have jammed together three completely different concepts under the chimerical term capitalism has tended to blind libertarians, in the 20th century, to some of the insights that their forbearers in the 19th century had. The idea is usually that if something is anti-capitalist, it is therefore anti-libertarian. But that only follows if it’s anti-capitalist in the sense of wanting to use violence to intervene in the free market. My worry is that Daniel has probably got a good argument for showing that CIW’s actions are anti-capitalist in senses two and three, and mistakenly figured that undermining capitalism in those senses tends to undermine capitalism in the first sense, and therefore destructive. In order to try to avoid confusion on the matter, I’m going to be sticking to the term free market when I talk about what Austro-libertarians are committed to defending.

With that out of the way, let’s look at what Daniel objects to in the rhetoric of the Taco Bell boycott and its supporters. Here’s one objection:

Simply put I believe, there are more ways to be anti-capitalist than just using government. Mainly promoting ideas that capitalism is evil or claiming it resorts to rampant market failure are, in my view, anti-capitalist.

There are two things that this might mean.

  1. It might mean that you can undermine capitalism in the sense of the bosses’ labor market without going for government intervention. That’s certainly true, but it’s not yet clear that this is a vice. If you think (as I do) that there are serious economic problems with the sort of bureaucratic, boss-controlled, centralized, top-down corporate commerce that rose to dominance in the 20th century, then undermining that–by pointing out, for example, that it typically involves crippling knowledge problems, fosters a culture of petulant entitlement among the decision-makers, exploits the workers and systematically shuts them out of important channels for autonomous and rewarding labor, and so on–then undermining capitalism in that sense can only be counted as a good thing. If you also think that the cultural and material conditions created by boss-directed labor profits from and tends to promote the growth of corporate statism that expropriates wealth in order to support the bosses, then that gives you even stronger libertarian reasons to support anti-capitalist agitation in this sense. And indeed there are good reasons for Austrians and their fellow-travelers to think these charges against boss-centric are solid–the knowledge problems that Mises, Hayek, and Rothbard pointed out in central planning also apply when that central planning is done by bureaucratic corporations; the potential of free market competition ameliorates the problem but doesn’t eliminate it, and if decisions are being made on the margin in a market that is already dominated by centralized interlocking bureau-corps, which are supported not only by their existing market share but also by a network of cultural attitudes towards work and jobs, it looks like it is going to be a long, hard struggle to undermine those structures and make the threat of serious competition into a practicable reality. The sort of long, hard struggle, in fact, that groups like the CIW are, at their best, engaged in.

  2. On the other hand, this might mean that there are ways to undermine the free market other than calling down the government. That’s true, I guess, but it’s unclear that the things Daniel cites are examples of it. It’s true that spreading economic fallacies is dangerous, and undermines people’s willingness to stand up for economic freedom even if the person spreading the fallacies isn’t personally calling for government intervention. But whether saying capitalism is evil or that capitalism involves frequent and systemic market failures does that or not depends on whether the critic is using capitalism in the first sense, the second sense, the third sense, or an unstable congerie of different senses. If it’s in the first sense, then clearly it involves an economic fallacies–liberty as such is always an economic (and moral) good, and the Austrians have shown that, while the utopia of neo-classical equilibrium is just that–utopian nonsense–liberty doesn’t create systemic market failures, but rather creates the opportunities and incentives to overcome them. But if capitalism is being used in the sense of the corporate State, then both the condemnation and the accusation of systemic market failure are obviously right. If it’s being used in the sense of boss-directed labor, then the charges involve economic fallacies and undermine the free market only if you think that boss-directed labor is a necessary condition for a free market (which it obviously isn’t), or a necessary condition for a flourishing free market (which is a premise that has not yet been convincingly argued). In fact, I’d say that the history of big business support for stifling Progressive regulation–cf., for example, Gabriel Kolko’s The Triumph of Conservatism–the economic record of big corporations over the past century, and the considerations about bureaucratic planning that I mentioned above are all very good reasons for saying that the link doesn’t exist, that if anything boss-directed labor is corrosive to the free market, and that if it takes a fighting union to weaken or supplant it, then that’s as good an argument as any for vibrant, agitating, government-free union organizing.

    Now, it’s true that most labor organizers and labor activists today are hardly consistent libertarians, and it’s likely that their rhetoric is going to jostle back and forth between different meanings as they go along just as much as when anyone else uses the terms. But that’s not a reason to issue a blanket criticism of the action as anti-market; it’s a reason to call for a clarification of the argument, and an attempt to grasp the dominant principle in the particular case–as stated in their talk and as manifest in their actions. Coming back to the CIW and their supporters specifically, it would be a lot easier to convict them of being swayed mainly by anti-market maxims if they were, for example, a State-protected union, or if they were calling for State action against Taco Bell or its contractors, or if they were proposing that the free market in farm work is the problem, rather than the practices of specific farm employers. But they aren’t; they are making a point specifically about the common labor practices of farm employers in southern Florida, as far as I know aren’t attributing their evils to the free market (maybe their supporters in JVC were making this claim; I don’t know), and they did a lot of really quite fascinating and groundbreaking work in doing labor organizing and achieving goals without the suffocating help of the federal labor bureaucracy. All of these facts are well worth noting when we try to piece out what we should think of as the dominant trends in CIW’s campaign.

The other strand of Daniel’s objection I find a lot more puzzling: he objects that their means (boycotting) are not efficient in obtaining their ends (higher real wages and living conditions for the Immokalee workers), that this is so because the boycott strategy ignores the effects that a drop in demand for tacos will have on wages related to the production of tacos, and so that alternative means would be more effective at obtaining the ends of higher wages and living conditions for the Immokalee workers.

It seems to me that the question of obtaining the end has already been settled now that the boycott has been won. Taco Bell established a pass-through program, the workers will be getting more money, and whatever effects the slow-down in Taco Bell sales might have had on the workers have now ended with the boycott. Workers will be getting about $100 more or so per year, and the amount will increase if CIW can leverage their success in the Taco Bell campaign to convince other companies to adopt a similar policy. So I’m especially puzzled by Daniel’s argument that the drop in demand for tacos (and thus tomatoes) hurts the CIW workers rather than helping them. Sure, the boycott may have hurt their income for the three years of the boycott–although my suspicion is that the change on the margin per worker was probably pretty negligible. But people make decisions that will result in less income for the short term in order to get a better result in the long term all the time. Boycotts and strikes are an example; so are school, investment, and quitting your job in order to become an entrepreneur. One thing you have to keep in mind here is that it was the workers themselves who decided that the trade-off of potential present losses for future gains was worth it; that doesn’t guarantee that the decision was a wise one, but it’s certainly not a bizarre sort of decision to make and here, at least, it seems to have begun to pay off.

Daniel’s right to point out that the Taco Bell boycott didn’t encourage consumers to patronize competing tomato-purchasing industries (in order to keep tomato prices steady or raise them by increasing demand for substitute uses of tomatoes, while encouraging Taco Bell to change its ways in order to recapture some of the lost business). But surely here he has misunderstood the strategy behind the boycott. Tomato-pickers aren’t paid directly by the tomato-using industry that consumers buy from; they’re paid by big tomato farmers, who put sell their tomatoes to Taco Bell, Pizza Hut, Heinz, Pace, et al. as contractors. Since none of those competing tomato-users has a pass-through system either, there’s no reason why the boycott should want to funnel business to them; that would merely be shifting business from one sharp dealer to another; and while it might give Taco Bell an incentive to change its ways, it would reward other tomato-using companies for engaging in exactly the same practices as Taco Bell.

Further, Daniel’s too uncharitable to the CIW when he suggests the following as an alternative, higher-valued use of resources that the CIW could have employed:

Any form of productivity. Allegedly the housing prices in the Immokalee area are exorbitant, and contribute to the poverty conditions of those who live there. So this is an entrepreneurial area that could host the energy of riled activists that is instead being diverted by this boycott. If these activists were instead producing houses, clothes, and consumable goods to be exchanged with the Immokalee workers they would be more successful in improving their quality of life.

But look, these are things that the CIW is already working on. They have already established, among other things a (tremendously successful) grocery store in Immokalee (run on a co-op model, providing goods at near-wholesale prices) and a multilingual community radio station (which helps keep workers communicating and up-to-date on community news). CIW isn’t just a fighting labor organization–although it is that; it’s a community organization and they’ve put a lot of resources into improving living conditions in Imokalee on the ground. They’ve done this in a lot of ways: by putting money into producing community resources, by organizing general strikes and boycotts to negotiate higher wages, by exposing slavery rings, fraud, and violence in the fields (sometimes through the government, sometimes through the press, and sometimes through direct action by workers). The workers have made their decisions about when and how to apply their resources by developing strategies over time to prioritize their needs, and when they launched the Taco Bell boycott it was because they decided it would be worth it to use some resources in the boycott in order to gain better pay and conditions later using a public education and pressure campaign. Now, the mere fact that they decided that this would be best doesn’t mean that they were right; but it’s important to see that their decision wasn’t different in kind from any number of other decisions in the free market, such as: quitting your job, going back to school, starting your own business, investing your money in what you think will be a winning stock, buying a tool, etc. There are plenty of cases where each of these decisions would be wise and plenty where each would be foolish; that depends a lot on the specifics of the case at hand. In this particular case, it looks like the boycott has paid off nicely for the workers–both in direct results and in precedent for future campaigns–and unless you can come up with some pretty specific plans and give some pretty strong reasons in favor of thinking that they would have been a better way to improve farmworkers’ quality of life, I think the presumption is going to be in favor of chalking this campaign up as a good move for the workers.

Of course, you might instead argue that it benefitted the workers, but only at the expense of either Taco Bell, or consumers, or both. That’s a separate argument, but it’s one worth worrying about when we talk about campaigns in which part of the outcome is raising the price of a consumer good. But of course here we need to keep a couple of things in mind. First, the marginal increase in price of the tomatos for Taco Bell is $0.01 per pound of tomatos; in total it will cost Taco Bell about $100,000 / year more than they spent before. If Taco Bell eats that cost it will hardly be noticed, and if the fraction of that cost on the margin is passed on to Taco Bell patrons, it will hardly make a difference. But also, second, that even if the change were likely to make a difference on the margin, that doesn’t necessarily mean that the change in price comes at the expense of the people buying the tacos. One way to look at CIW’s strategy in the Taco Bell boycott is that they were working to earn more money for themselves by changing consumer preferences; what they aimed to do, and succeeded in doing enough to win the boycott, was to educate Taco Bell consumers and get them to recognize the worth of a decent standard of living for farmworkers, and to take that value into account when they deliberate over purchasing a taco. Of course, once they take that into account, they will be willing to pay more for the taco in order to secure the decent standard of living for farmworkers. But it’s not at all clear that this is an loss to them. Sure, it means more money going out, but it’s money being exchanged for something they now value. You could argue that they only ought to value the pleasure of eating the taco, and drop the sentimental concerns about farmworkers; but Jesus, why would you argue that? The market isn’t an arena for machines to maximize their store of precious metals or for hedonic calculators to maximize their bodily pleasures; it’s a process that emerges from the deliberations that free human beings make about what they want and how they can achieve it. People have every right to value tasty food, of course, but they have just as much right to value solidarity with fellow workers, concern for fellow human beings, charity for people suffering, and a lot of other things that come into play when we think about the labor practices of the people we do business with.

Finally, Daniel is again too uncharitable when he worries that the CIW’s practices and demands aren’t as free of government meddling as I’ve made them out to be. Let me be clear–as far as I know, CIW aren’t principled anarchists; while I’m excited about the model of organizing that they’ve developed, and I think their successes have a lot to do with the fact that they are free from both the worm of government union protections and the hook of government union controls, I don’t claim that they’re any kind of infallible resource. My point here has been to draw out the aspects of them that have something to teach libertarians. But it’s not fair to accuse them of grabbing for government backing based on this line from their press release:

The Company indicated that it believes other restaurant chains and supermarkets, along with the Florida Tomato Committee, should join in seeking legislative reform, because human rights are universal and we hope others will follow our company’s lead.

It’s not fair because (1) the statement about seeking legislative reform came from Taco Bell, not from the CIW; and because (2) it’s not specified what sort of legislative reform they mean. There are two different things that CIW has objected to in southern Florida: (1) the prevalent low wages and harsh working conditions; and (2) the use of fraud, coercion, and outright slavery against immigrant farm workers. Both of the complaints were part of the Taco Bell boycott campaign, and if the legislative reform is aimed at dealing with enslavement of farmworkers or making local law enforcement more responsive to issues of slavery and trafficking, then there’s no reason at all why an anarchist should object. If Taco Bell is proposing some kind of bureaucratic labor regulation by the Florida legislature, then yes, we’ll have to oppose that when the time comes. But that suggestion came from Taco Bell, not CIW, and if CIW were to come out in support of it, I wouldn’t be terribly shocked, but it would represent a substantial break from the strategy and tactics behind all of their successful organizing and activism so far.

So enjoy César Chávez Day, and wish the Coalition of Immokalee Workers well on their recent victory. It’s OK. In fact, if you care about workers bettering their lives without coercion and in organizations autonomous from the State, it’s pretty exciting. Even if you’re a libertarian. Really. I promise.

El pueblo unido jamás será vencido!

Victory to the Farm-Workers!

It’s been a good two weeks since I meant to put up a post on some great labor news–the Coalition of Immokalee Workers’ have won the Taco Bell boycott after four years of ground-breaking organizing and agitating for and by the migrant farmworkers of southern Florida in the Taco Bell Boycott and Boot the Bell! campaigns. You can read more about it from the CIW themselves.

March 8, 2005 (IMMOKALEE/LOUISVILLE) – In a precedent-setting move, fast-food industry leader Taco Bell Corp., a division of Yum! Brands (NYSE: YUM), has agreed to work with the Florida-based farm worker organization, the Coalition of Immokalee Workers (CIW), to address the wages and working conditions of farmworkers in the Florida tomato industry.

Taco Bell announced today that it will fund a penny per pound pass-through with its suppliers of Florida tomatoes, and will undertake joint efforts with the CIW on several fronts to improve working conditions in Florida’s tomato fields. For its part, the CIW has agreed to end its three-year boycott of Taco Bell, saying that the agreement sets a new standard of social responsibility for the fast-food industry.

Taco Bell has recently secured an agreement with several of its tomato-grower suppliers, who employ the farmworkers, to pass-through the company-funded equivalent of one-cent per pound directly to the workers.

With this agreement, we will be the first in our industry to directly help improve farmworkers’ wages, added Brolick, And we pledge to make this commitment real by buying only from Florida growers who pass this penny per pound payment entirely on to the farmworkers, and by working jointly with the CIW and our suppliers to monitor the pass-through for compliance. We hope others in the restaurant industry and supermarket retail trade will follow our leadership. Yum! Brands and Taco Bell will also work with the CIW to help ensure that Florida tomato pickers enjoy working terms and conditions similar to those that workers in other industries enjoy.

The Company indicated that it believes other restaurant chains and supermarkets, along with the Florida Tomato Committee, should join in seeking legislative reform, because human rights are universal and we hope others will follow our company’s lead.

— CIW / Taco Bell Press Release 2005-03-08: Coalition of Immokalee Workers, Taco Bell reach groundbreaking agreement

The penny-per-pound increase means a cost increase of only $100,000 / year for Taco Bell. Here’s what it means for migrant farmworkers:

As part of the agreement announced Tuesday, Taco Bell will pay an extra penny paid per pound — about $100,000 annually — that will be funneled to about 1,000 farm workers through a small group of suppliers, Yum! spokesman Jonathan Blum said. Taco Bell buys about 10 million pounds of Florida tomatoes a year, Blum said.

Lucas [Benitez], co-director of the Coalition of Immokalee Workers, said farm workers earn about $7,500 a year, without health insurance or paid vacations. The extra penny added per pound picked will almost double the yearly salaries of the roughly 1,000 farm workers employed by Taco Bell suppliers, [Benitez] said.

— Miami Herald 2005-03-09: Taco Bell agrees to pay extra pennies for tomatoes

Update 2005-03-24: As has been pointed out to me, the numbers here need a bit of explication. The best I can make of it is this: there was a misstatement somewhere along the line–either by Benitez, or by the translator, or by the reporter when summarizing what he said. Yes, about $100,000 per year over about 1,000 workers means about $100 each per worker per year. But the piece rate for tomato-picking in Southern Florida ranges between 40 and 50 cents for a 32 pound bucket–about 1.5 to 1.25 cents per pound picked. So the Taco Bell program will almost double the effective piece rate for the portion tomatoes that the workers pick that goes to Taco Bell. Since the tomatoes they pick go to places besides Taco Bell, the piece rates they get for the portion of the tomatoes bought by Taco Bell was about $125–$150 per worker per year; now it will be about $225–$250 per worker per year. If all the tomato buyers instituted a program like Taco Bell’s, then that would mean a near-doubling in total annual salary, all other things being equal. As a labor victory that’s a lot less exhilerating than a doubling of their annual salary; but $100 more means a lot when you’re only making $7500 a year, and it sets a precedent for future campaigns.

Which the CIW is planning as we speak.

So, feel free to eat at Taco Bell again. In fact, I’ll be going out for dinner at Taco Bell tonight to thank them now that they have given in to farm workers’ demands, and I’ll be contacting them to be sure that they know why I’m buying food from them again.

This is a major victory for the CIW and for farmworkers as a whole. There’s a lot that organized labor can learn from it: how CIW won while overcoming barriers of language and nationality, assembling a remarkable coalition in solidarity (from students to fellow farmworkers to religious organizations and onward), drawing on the dispersed talents of agitators and activists in communities all across the country, and making some brilliant hard-nosed strategic decisions (e.g., the decision a couple of years ago to begin the Boot the Bell campaign–which hit Taco Bell where it hurts by denying it extremely lucrative contracts with college and University food services). I only know a bit of the story from following the boycott, and I already know that it’s a pretty remarkable story to tell. I look forward to hearing more.

It’s also — although you won’t hear this as much — a major victory for government-free, syndicalist labor organizing. The CIW is not a bureaucratic government-recognized union; as a form of organizing it’s far closer to an autonomous workers’ syndicate or a local soviet (in the old sense of a democratic, community-based workers’ council, not in the sense of the hollow state apparatus that the Bolsheviks left after the party committees seized power at bayonet-point). Of course, not having the smothering comfort of the US labor bureaucracy to prop them up has often made things harder on the CIW; but it’s also made them freer, and left them free of the restraints on serious and innovative labor activism that have held the government-authorized union movement back for the past 60 years. (Example: the strategic decision to target Taco Bell in the first place–that is, the whole damned campaign that allowed the Immokalee workers to win such a huge improvement in their standard of living–was a secondary boycott, and so would have been illegal under the terms of the Taft-Hartley Act and the Landrum-Griffin Act. But since the CIW doesn’t need a permission slip from the NLRB to engage in direct action, they won the day–not in spite of, but because of their freedom from government restraints on labor organizing.

Unfortunately, some of my libertarian comrades haven’t been quite so willing to celebrate. In fact, I first heard about the victory from Daniel D’Amico’s post lamenting the development. D’Amico wrote a misguided attack on the campaign before and so did Art Carden. The problem is that the arguments given in these articles seem to proceed from a double confusion: first, a confusion about the nature of CIW; and second, a confusion about economics and the nature of market processes.

Both Carden and D’Amico seem to make the initial mistake of thinking about the CIW campaign entirely by analogy to either (a) the student anti-sweatshop movement or (b) government-authorized trade unionism, and so feel free to lift boilerplate from the standard arguments against those (e.g.: that it is the misguided effort of patronizing college students who ought to pay more attention to the real interests of those they claim to act on behalf of; that it courts the coercive power of the State in order to achieve its goals) when it is in fact completely alien to how CIW actually works. They’ve never requested government assistance against Taco Bell, and they couldn’t legally get it if they asked. And whether the standard accusations against student-driven anti-sweatshop organizing are apt or inapt (I think they are apt in some aspects and unfair in others), they don’t apply to CIW. It’s certainly true that they’ve been more than willing to draw support from anti-sweatshop organizations and to draw comparisons between their struggle and the anti-sweatshop movement in order to curry support on college campuses (and did so very intelligently); but this isn’t the anti-sweatshop movement. It’s not directed from college campuses; the shots are called by a community organization of immigrant farmworkers in Southern Florida. You might try to argue that they’re acting foolishly against their own interests, or avariciously at the expense of other people’s legitimate interests, but to simply try to lift the standard Where are all the third world workers in the anti-sweatshop movement? objections won’t hold water for anyone who has actually met (as I have) CIW organizers.

Carden and D’Amico’s articles are both mostly about their economic complaints against the CIW strategy; they may think that they can simply dismiss any mistakes about how CIW organizes as marginal to the main point. That’s fine, but the economic complaints are also unfounded. D’Amico, for example, complains that CIW is interfering with the market processes that set wages for labor:

CIW expects the boycott to put pressure on Taco Bell to pay more for its tomatoes and thus more for migrant laborers. But this would not be a sustainable market scenario. Prices are not set by arbitrary moral standards, but rather by available levels of supply and demand in the market.

Stopping the market transactions of mutually benefiting exchange in the name of moral obligations does not produce anything of lasting value to assist in capital accumulation or increasing standards of living.

But the entire complaint presupposes two things which are in fact false: first, that the moral demands on Taco Bell to improve its contracting for tomato-picking so that farmworkers are paid a better wage are arbitrary; second, that moral obligations are not part of what people take into account when they determine which transactions count as mutually beneficial in the first place. Let’s bracket the first presupposition for a moment in order to clear away the second: prices and markets are not mechanistic systems; they are the results (both intended and unintended) of people’s choices. Notice how little attention this point gets when D’Amico offers the following weirdly primitive picture of how someone decides whether or not to buy a taco:

The value of a chalupa is not imputed through the sweat equity of the Immokalee migrant workers. When the typical college kid is watching his favorite episode of The Simpson’s and a Taco Bell commercial comes on, he does not pause and reflect on the condition of the plighted migrant laborer; rather he sees a funny Chihuahua that speaks Spanish, standing next to a greasy bundle of cheesy goodness, and his stomach growls accordingly.

Of course, I’m sure that some people do think like this about their meals, but there is no reason that they have to. When you are trying to figure out how people will make the choices they make, you always need to refer to a notion of benefit. But the judgments of benefit that people make don’t just issue from some hydraulic system of inborn drives and aversions; they are the result of deliberation, and involve answers to a lot of questions about not only hunger, thirst, low-grade humor, etc., but also decisions about what kinds of pleasures are worth the cost, what sort of life you want to live, what sort of society you want to live in, and so on. Sure, not everyone thinks about those things when they deliberate over whether to go to Taco Bell or not; and the fact that they don’t ponder them had heretofore meant that wages would be as low as they were. But what the hell were CIW doing if not trying to educate people about the conditions that people picking the tomatoes they eat face, and so encouraging them to think about whether a marginal decrease of less than a penny per chalupa is really worth it to them? That’s as much a part of the free market as deliberations which issue in decisions to seek the lowest price at any cost are.

What about the first issue? Is it right to think that workers deserve more than they get paid, or is it foolish? D’Amico might try to push his point here by arguing: sure, given that you can convince people of those values, that’s as much a part of market processes as anything. But it shouldn’t be a part of people’s values; it’s foolish and economically destructive to act on the preference that people deserve extra money just for being hard workers that you feel sorry for, and not for any marginal increase in the valuable material output that they produce. So the campaign has gotten people to agree to giving the farm workers more than they should get if our aim is greater economic prosperity and higher standards of living. Which it should be.

But again, this seems to presuppose a weirdly mechanistic picture of the economic concepts involved. Prosperity and higher standard of living are irreducibly evaluative terms no less than mutually beneficial; and you have to ask whether it’s possible to exclude basic considerations of fairness and solidarity with our fellow workers from a reasonable conception of what counts as a prosperous commonwealth and what doesn’t. Furthermore, even if you grant D’Amico his principle, it’s unclear why he’s as certain as he is that it applies here. He points to the backward imputation of value and seems to be taking for granted the standard economic argument that at equilibrium, wages are set by the worker’s marginal productivity. Since workers were making sub-poverty wages from the tomatoes for tacos before sentimental comparisons of their yearly income to the average came into play, it must be that those sub-poverty wages reflect their marginal productivity to the consumers of tacos when consumers of tacos are thinking only about the factors that D’Amico thinks they ought to think about.

But that conclusion rests on at least two unargued premises: (1) that farmworkers’ wages are set in a free market for labor, and (2) that farmworkers’ wages are at the equilibrium point. But why should we believe either of these? As CIW itself has repeatedly demonstrated, farmers and caudillos in Southern Florida have repeatedly been willing to use violence, coercion, and fraud against their laborers, up to and including outright slavery; and since many of the workers in Immokalee and elsewhere are undocumented, they also have to face the constant threat of violence from La Migra. All of these factors use coercion to undermine farm workers’ wages and bargaining positions. Further, even if the market were completely free, that wouldn’t be any guarantee at all that it would be no guarantee that wages would be set at marginal productivity given how consumers evaluate the taco; that argument depends on the kind of neo-classical anti-economic argument that I think Roderick Long rightly criticized as the doctrine of Platonic Productivity.

All of this is too damn bad. Not just because it makes for mistaken conclusions, but also because the willingness to make those mistakes tends to paint 21st century libertarians as court intellectuals for the bosses of the world, and it puts them directly at odds with their 19th century forebearers. Radical individualists like Benjamin Tucker, for example, defined their position as both the most consistent form of free market economics, and the most consistent form of the labor movement. Sure, part of that position was based on economic and philosophical error–e.g., commitment to the Smithian labor theory of value–but part of what I hope to show in all this is that corrections to their economic premises don’t require abandonment of their economic conclusions. In fact, if you want to learn something about how people can get together and make their lives both freer and happier in the course of just a few years, without the false help and bureaucratic meddling of the State, you’d do well to look at what the CIW has accomplished over the past several years.

So here’s to libertarian labor organizing and state-free struggle. ¡Si se puede!

Further reading

Bureaucratic rationality

Cleaning out some of the older links from my newsreader brought me this old news about a bit of Yuletide scroogery from the IRS, courtesy of Alina at Totalitarianism Today (2004-12-23):

As if payroll taxes weren’t enough– here is an example of the IRS almost literally whisking the Christmas turkery from the table-tops of hard-working Americans. According to Brian Hindo of Business Week, many companies used to hand out turkeys this time of year. Now, however, 41% give out coupons, which can be redeemed at any store for a turkey or a tofu turkey or whatever suits the employee’s fancy.

Sensing a little possibility for happiness, the IRS immediately put its best and brightest bureaucrats on the job. Heaven forbid an employee use that coupon to purchase a tub of Whip Cream rather than a fine-feathered friend. The result? The judgement that gift certificates, unlike actual turkeys, are a cash equivalent– and therefore taxable.

With apologies to H.L. Mencken and Max Weber, I think our theoretical lexicon needs revision. Thus:

Bureaucratic rationality, n.: The haunting fear that someone, somewhere, may be happy without permission.

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