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Friday Lazy Linking

  • Winter Soldier: Just Another Tuesday. From Ryan Endicott, formerly a United States government Marine stationed in Iraq.

    Via Clay Claibourne, L.A. I.M.C. (2009-05-13): Winter Soldier Southwest on YouTube #1

  • The regulatory State versus freed markets and the human future: A quote from Anne Robert Jacques Turgot, via B.K. Marcus at Mises Economics Blog:

    To expect the government to prevent such fraud from ever occurring would be like wanting it to provide cushions for all the children who might fall. To assume it to be possible to prevent successfully, by regulation, all possible malpractices of this kind, is to sacrifice to a chimerical perfection the whole progress of industry; it is to restrict the imagination of artificers to the narrow limits of the familiar; it is to forbid them all new experiments; it is to renounce even the hope of competing with the foreigners in the making of the new products which they invent daily, since, as they do not conform to our regulations, our workmen cannot imitate these articles without first having obtained permission from the government, that is to say, often after the foreign factories, having profited by the first eagerness of the consumer for this novelty, have already replaced it with something else. … Thus, with obvious injustice, commerce, and consequently the nation, are charged with a heavy burden to save a few idle people the trouble of instructing themselves or of making enquiries to avoid being cheated. To suppose all consumers to be dupes, and all merchants and manufacturers to be cheats, has the effect of authorizing them to be so, and of degrading all the working members of the community.

    –Turgot, Éloge de Gournay (1759), translated by P.D. Groenewegen

Outrage

Think.

Left-Libertarianism

  • On dialectical jujitsu: Roderick Long, Austro-Athenian Empire (2009-05-19): How to annoy a conservative

  • Ownership failures, not market failures Chris Dillow, Stumbling and Mumbling (2009-05-01): Markets, the poor & the left. Dillow makes two really important distinctions: one of them the familiar left-libertarian distinction between freed markets, on the one hand, and actually-existing corporate capitalism, on the other; the other a less familiar, but very important, distinction between market processes and patterns of ownership. Quote: In many ways, what look like ways in which markets fail the poor are in fact merely ways in which a lack of assets fail the poor. Exactly; and the many cases where there are not really market failures, but rather ownership failures, have everything to do with feudal, mercantile, neoliberal, and other politically-driven seizures and reallocations of poor people’s land, livelihoods, and possessions — and nothing to do with genuine market exchange.

Counter-Economics

Movement

Communications

Wednesday Lazy Linking

Wednesday Lazy Linking

Welcome Farkers: I noticed (from the massive surge in impacts on my web server) that this post — in particular, Jourdon Anderson’s letter to his former captor, which I originally found through stuff white people do (2009-04-28) — was recently featured on the front page of Fark.com. I'm flattered; and presumably this also means that for the time being I'll be getting a lot of readers who are more or less new to the blog. By way of introduction, to who I am, where I’m coming from, and what I care about, you might check out the links at GT 2009-01-29: Welcome, Antiwarriors.

For reference, I’ve also written many other articles on the topic of slavery, and on the ways in which we talk about, or don’t talk about, the history of slavery. See particularly: GT 2005-01-03: Robert E. Lee owned slaves and defended slavery, GT 2008-04-18: Just shut the fuck up, GT 2006-03-21: The humane slave-driver, GT 2006-03-04: Republican virtue (or: the Man who would be King).

  • Quote for the Day: After the end of the Civil War, many former slavers tried to contact the black men and women they had once enslaved — even those who had escaped during the war and headed north — to try to convince them to return to the plantation and work the land as hands or tenant farmers. One of those freedmen, Jourdon Anderson, wrote a letter back to his former captor, explaining the terms on which would return. This may be my favorite thing that I read all week. Emphasis is added.

    Dayton, Ohio, August 7, 1865

    To My Old Master, Colonel P.H. Anderson
    Big Spring, Tennessee

    Sir: I got your letter and was glad to find you had not forgotten Jourdon, and that you wanted me to come back and live with you again, promising to do better for me than anybody else can. I have often felt uneasy about you. I thought the Yankees would have hung you long before this for harboring Rebs they found at your house. I suppose they never heard about your going to Col. Martin’s to kill the Union soldier that was left by his company in their stable. Although you shot at me twice before I left you, I did not want to hear of your being hurt, and am glad you are still living. It would do me good to go back to the dear old home again and see Miss Mary and Miss Martha and Allen, Esther, Green, and Lee. Give my love to them all, and tell them I hope we will meet in the better world, if not in this. I would have gone back to see you all when I was working in the Nashville hospital, but one of the neighbors told me Henry intended to shoot me if he ever got a chance.

    I want to know particularly what the good chance is you propose to give me. I am doing tolerably well here; I get $25 a month, with victuals and clothing; have a comfortable home for Mandy (the folks here call her Mrs. Anderson), and the children, Milly, Jane and Grundy, go to school and are learning well; the teacher says Grundy has a head for a preacher. They go to Sunday School, and Mandy and me attend church regularly. We are kindly treated; sometimes we overhear others saying, Them colored people were slaves down in Tennessee. The children feel hurt when they hear such remarks, but I tell them it was no disgrace in Tennessee to belong to Col. Anderson. Many darkies would have been proud, as I used to was, to call you master. Now, if you will write and say what wages you will give me, I will be better able to decide whether it would be to my advantage to move back again.

    As to my freedom, which you say I can have, there is nothing to be gained on that score, as I got my free papers in 1864 from the Provost Marshal General of the Department of Nashville. Mandy says she would be afraid to go back without some proof that you are sincerely disposed to treat us justly and kindly–and we have concluded to test your sincerity by asking you to send us our wages for the time we served you. This will make us forget and forgive old scores, and rely on your justice and friendship in the future.

    I served you faithfully for thirty-two years and Mandy twenty years. At $25 a month for me, and $2 a week for Mandy, our earnings would amount to $11,680. Add to this the interest for the time our wages has been kept back and deduct what you paid for our clothing and three doctor’s visits to me, and pulling a tooth for Mandy, and the balance will show what we are in justice entitled to. Please send the money by Adams Express, in care of V. Winters, esq, Dayton, Ohio. If you fail to pay us for faithful labors in the past we can have little faith in your promises in the future. We trust the good Maker has opened your eyes to the wrongs which you and your fathers have done to me and my fathers, in making us toil for you for generations without recompense. Here I draw my wages every Saturday night, but in Tennessee there was never any pay day for the Negroes any more than for the horses and cows. Surely there will be a day of reckoning for those who defraud the laborer of his hire.

    In answering this letter please state if there would be any safety for my Milly and Jane, who are now grown up and both good-looking girls. You know how it was with Matilda and Catherine. I would rather stay here and starve–and die if it comes to that–than have my girls brought to shame by the violence and wickedness of their young masters. You will also please state if there has been any schools opened for the colored children in your neighborhood. The great desire of my life now is to give my children an education, and have them form virtuous habits.

    Say howdy to George Carter, and thank him for taking the pistol from you when you were shooting at me.

    From your old servant,

    Jourdon Anderson

    The letter was reprinted by Lydia Maria Child in her anthology, The Freedmen’s Book. Jourdon Anderson’s body now rests in the Woodland Cemetary, in Dayton, Ohio, so it seems that his old captor never accepted his offer. For reference, the back wages he demanded — $11,680 in 1865, before adding interest — would be worth about $162,452 in 2008 dollars.

    Discovered thanks to stuff white people do (2009-04-28)

  • The invasion begins tomorrow: SubRosa community space (2009-05-02): First Ever Santa Cruz Anarchist Convergence! May 7-11. The Santa Cruz Anarchist Convergence is coming to town! Yes, here, between the forest and the ocean, among the students and the yuppies, where Santa Cruz anarchists have fostered a close-knit community dedicated to destruction of this world and the creation of another. Santa Cruz is a hub of anarchist culture and resistance, with a long history of radical struggle and active anarchist projects spanning decades. Santa Cruz is proud to host the Santa Cruz Anarchist Convergence, a four-day anarchist event for building community and resistance and sharing radical ideas.

  • More one-way mirror transparency (+): Jesse Walker, Hit & Run (2009-04-23): In Bailouts End Responsibilities.

  • On crony-statism, state capitalism, and living in a bubble: Sheldon Richman, The Goal Is Freedom (2009-05-01): Of, by, and for the elite

  • Libertarianism or Barrbarism? Roderick Long, Austro-Athenian Empire (2009-05-04): More Crap from the Libertarian Party (with a hat tip to Soviet Onion in the comments back here). In which the Libertarian Party sends out a press release urging the United States government to control the border, escalate the use of police-state checkpoints against immigrants, and consider all would-be immigrants diseased until proven healthy.

    I’d be pissed if I weren’t beyond caring about anything the LP says or does. Individual party members are often perfectly good people, and well worth talking to, and well worth inviting to something new and better; but the party, as an organization, is worth taking notice of only as an enemy, to be shoved out of the way along with the rest of the belligerent busybody Know-Nothing creeps.

  • He’s wasn’t using it, anyway: Mike Gogulski (2009-05-03): Steal this number: 595-12-5274

  • More on decentalism and localism: A couple of comments from Darian Worden following up on the recent monster thread here: DarianWorden.com (2009-04-27): Individualist International and DarianWorden.com (2009-04-30): Stick It To Your Kind. Whether or not I agree with Darian about multiculturalism depends on what the word’s being used to mean (there’s a lot of different things called multiculturalism, some of them descriptive theories about American history; some of them normative theories; some of them overtly relativistic; others universalistic; etc.). Otherwise, twinkles.

  • On the production of knowledge in a peer-to-peer society: Michel Bauwens, P2P Foundation (2009-04-27): Ryan Lanham: dissolving universities?. I think that the discussion underestimates the importance of architecture and physical space in creating scholarly community; I think it also underestimates what I think would be the most noticeable effect of less businesslike, more mutualistic universities, without the distorting effects of state funding and state-imposed accreditation systems — that they would be smaller, more numerous, and less oriented towards churning out professional degrees in subjects that would be better taught completely outside of the university setting, if not for the political-economic distortions that shove them into institutional structures where they don’t belong. I also protest the notion that there’s something wrong with esoteric subject-matters or that best-selling authors, just as such, somehow have a better grip on what’s relevant than scholars working intensely on a tightly-focused subject. (Surely they have a better grip on what’s relevant to people outside the University. But that’s not necessarily the kind of relevance that a University ought to be concerned with.) But I agree that Universities are set for a radical change, in an increasingly peer-to-peer world, and that the change will involve less institutional aping of business, a more mutualistic orientation, and hopefully less credentialism. It’s an important discussion and this is a good start.

  • I’ll never finish the Internet: Dare Obasanjo, (2009-05-05): RSS readers modeled after email clients are fundamentally broken. Actually, I’m inclined to say that presently-existing e-mail clients are also fundamentally broken, although they call for a different sort of fix.

  • Shameless Self-Promotion opportunities: Jeremy Trombley is now running a regular What Are You Up To? Wednesday feature.

Saturday Lazy Linking

  • To-day in Anarchist history: The pacifist-Anarchist Gustav Landauer was martyred 90 years ago today, on 2 May 1919, when he was imprisoned and then stoned to death by soldiers sent on the orders of state socialist politician Gustav Noske, to crush the independent Bavarian worker’s councils and force the Bavarian Free State back under the political control of Germany.

    One can throw away a chair or destroy a pane of glass; but those are idle talkers and credulous idolators of words who regard the state as such a thing or a fetish that one can smash in order to destroy it. The state is a condition, a certain relationship among human beings, a mode of behavior between human beings; we destroy it by contracting other relationships, by behaving differently toward one another…. We are the state, and we shall continue to be the state until we have created institutions that form a real community and society of people.

    –Gustav Landauer, Schwache Stattsminner, Schwacheres Volk, in Der Sozialist (June, 1910).

  • To-day in Right to Keep and Bear Arms history: On May 2, 1967, 42 years ago today, the California State Assembly debated the Mulford Act, a bill to ban the open carrying of firearms. In response (since the bill was largely targeted at criminalizing their practice of openly carrying while on cop-watching patrols), the Black Panther Party staged a march to the state capital and walked onto the Assembly floor openly carrying rifles, shotguns, and holstered handguns. (The weapons were unloaded and were kept pointed either at the ceiling or at the floor.) Bobby Seale then read a declaration written by Huey Newton and Eldridge Cleaver, urging that The Black Panther Party for Self-Defense calls upon the American people in general and the black people in particular to take careful note of the racist California Legislature which is now considering legislation aimed at keeping the black people disarmed and powerless at the very same time that racist police agencies throughout the country are intensifying the terror, brutality, murder, and repression of black people. After they left the capitol building and began to head home, they were surrounded by a battalion of cops and arrested en masse for conspiracy to disrupt a legislative session.

    NRA-approved, anti-gun-control conservative politician-saint Ronald Wilson Reagan was governor of California at the time all of this went down. When the Panthers showed up, Reagan ran and hid inside the capitol building. Shortly thereafter, he showed his commitment to the right to keep and bear arms by signing the Mulford Act after the state legislature passed the bill.

  • On government-backed traditional marriage, women’s property rights, and conservative mythistory-as-justification: killjoy, wreckage found floating (2009-04-19): daily dose of stoopid

  • On bottom-line principles for a constructive secessionism: Carol Moore, Vermont Commons (2009-04-16): SECEDE & SURVIVE: Prepare to be Overwhelmed by Secession

  • On Leftist anti-statism and the class structure of the State: Chris Dillow, Stumbling and Mumbling (2009-04-17): Shrink the State: A Leftist Aim

  • On assumed audiences and gender politics in FLOSS and web development: Shelley Powers, Bb RealTech (2009-04-29): Open Arms

  • On the literacy monopolists and popular writing tools: BLDGBLOG (2009-04-22): How the Other Half Writes: In Defense of Twitter

  • On Enron, corporate privateers and deregulatory rhetoric: Jesse Walker, Hit & Run (2009-04-03): The Smartest Guys in the Tomb. Jesse mentions along the way:

    Leftists and liberals have a word for polluters who pose as careful environmental stewards: greenwashing. We need a similar word for times when the eager beneficiaries of the corporate state pose as free-market entrepreneurs. A word, that is, for propaganda like the Enron ad.

    Of course, I’ve promoted the use of the word privateering for something that’s roughly in the neighborhood, but privateering is really suited to a different purpose (it has to do with a critique of phony privatization, which is often bundled with, but not identical to, phony deregulation; and it focuses on the phenomenon, not the use of rhetoric around it). So, what’s your best suggestion for a left-libertarian counterpart to greenwashing, when state capitalist firms pose as free-market entrepreneurs?

    My own best effort, to date, is gold-plating. Thoughts? Comment away.

Counter-Economic optimism

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:

Anticopyright. All pages written 1996–2024 by Rad Geek. Feel free to reprint if you like it. This machine kills intellectual monopolists.