Showing posts with label Elizabeth Warren. Show all posts
Showing posts with label Elizabeth Warren. Show all posts

Wednesday, November 13, 2019

2020 Democratic Primary Predictions

     The most difficult states to predict are now, and will likely remain, California, New York, New Hampshire, and Iowa.

     I predict that California and New York will be close contests between Joe Biden and Elizabeth Warren, Iowa will be a close contest between Elizabeth Warren and Pete Buttigieg, and New Hampshire will be a three-way contest between Biden, Warren, and Sanders.

     If I had to guess, I suspect that Biden will take California and New York. It would be difficult to guess which state will be a closer call, but I believe that if Warren is more likely to take California than New York. I also suspect that Warren will beat Pete Buttigieg in Iowa. New Hampshire is virtually impossible to predict at this point, but if I had to choose, I think it's likely that either Biden or Warren will beat Bernie Sanders in New Hampshire (probably Biden, a little more likely than Warren).

     The map below depicts my predictions for the primary, if forced to choose who I think will win in all states (including states which I believe will be toss-up states).

     This makes the 2020 primary an almost certain win for Joe Biden. Even if Elizabeth Warren manages to take all four toss-up states, she will still trail Biden by about a thousand delegates (unless she somehow manages to pick up at least eight or ten states which I expect Biden to win).

     Please visit the following link to learn about how delegates will be allocated in the 2020 Democratic primaries:
     http://www.270towin.com/news/2019/04/23/updated-democratic-primary-map-pledged-delegate-counts_784.html#.XczkHldKhPY



Written, and maps created, on November 13th, 2019
Published on November 13th, 2019

Map created on mapchart.net
Predictions based on November 2019 Democratic primary polling,
especially those compiled by realclearpolitics.com

Wednesday, February 13, 2019

Thoughts on the News of Early February 2019


     The following was written as a set of responses to a select set of questions, concerning the American political news of early February 2019.
     The questions were written by Ron Mantegna, for discussion a current events round-table political discussion, held at Highwood Public Library on the morning of February 13th, 2019, moderated by Alan Minoff. The discussion group meets at 10:30 A.M. on the second Wednesday of every month, lasts until noon, and is normally moderated by Suzanne Cahnmann.
     Topics discussed include partisan congressional politics, democratic socialism, environmental policy, recent racial and sexual harassment controversies in Virginia, the statute of limitations on reporting sexual assaults, the State of the Union and the response thereto, racial demographics in America, U.S. military policy, recent events in Venezuela, Elizabeth Warren's claim to Native American heritage, a potential second summit between the U.S. and North Korea, the condition of the economy, transgender troops, and abortion policy.


     Q: Are far-left Democrats making it easier for Trump to get re-elected?

     A: No, because the system is not working, and people know it. Also, because economically and culturally, Trump is a step backwards, and his policies aren't doing enough to let technological progress (and the price relief it offers) to proceed at a normal pace. Taking a farther-left stance is the only way Democrats can compete against Trump in the Midwest and the Rust Belt.


     Q: How big a worry should the word “socialism” be for Democrats?

     A: Socialism itself should not be a worry at all; the only people who feel threatened by calls for democratic-socialist policy in the Democratic party are people like Hillary Clinton, Nancy Pelosi, and Elizabeth Warren, whom have openly and repeatedly described themselves as capitalists, while posturing farther to the left, and all the while, contributing to the legitimization of a system that is designed to work against the poor.
     Alexandria Ocasio-Cortez has reluctantly described herself as a socialist, but like Kristen Gillibrand and Gary Johnson, she understands that more worker cooperatives provide a viable non-profit alternative to public and corporate institutions. Alexandria Ocasio-Cortez and Gillibrand want that to come about through tax incentives, while Johnson would encourage businesses to cooperativize voluntarily. Economist Richard Wolff has also recommended that more firms become worker cooperatives.
     There is nothing that is necessarily “socialist” about “aligning profits with people”; nor with encouraging more firms to become worker cooperatives. Workers should have realistic chances to inherit, buy out, and franchise the companies they work for; and government creation of Private-Public Partnerships that give CEOs much higher salaries than the earnings of their workers, only contributes to the income disparity.


     Q: AOC's Green New Deal intends to provide economic security “for those unable or unwilling to work”. Your thoughts?

     A: We don't have to worry about that; people should not be required to work. Plenty of people know how to get by without doing taxable work, technology and automation will drastically reduce the number of hours people need to work in order to make ends meet over the next decade, and technological developments can relieve thousands of people from having to work. The problem of automation putting people out of work, is easily remedied, through any or all of the following measures: 1) provision of a universal basic income guarantee; 2) jobs training; and/or 3) widespread ownership of means of production. Through mass production and automated distribution, it will become much easier to provide people with what they need, without the vast majority of them ever lifting a finger to perform any type of labor they find distasteful or pointless.
     Socialism arose to deal with the problems associated with abundance, not scarcity. If not enough people are working, then that's because enough goods have been produced, that it is possible for many people to avoid work. Not only will many jobs die out over the next decade, those jobs will deserve to die out, because they can be automated, and thus relieve workers of their burdens. This will free-up time for workers to improve themselves, acquire skills, engage in leisure activities, invent something or start a business, save more, or do whatever else they would rather be doing if they did not have to work to earn a living.


     Q: Can Dems win by going far left?

     A: Yes. There are over 60 electoral votes in the Midwest that are up for grabs, since they went for Trump in the general election after Hillary lost them to Bernie in the Democratic primaries. One major reason for Hillary's loss was that she declines to visit those states as much as she needed to, and that is the area where a lot of the job loss is happening. Democrats will lose if they try to desperately hold on to states like Pennsylvania, Virginia, North Carolina.


     Q: Should there be “statutes of limitations” on racist acts and comments by politicians? Citizens?

     A: No. Anything and everything a politician has done should be considered fair game; racial insensitivity, sexual harassment, anything. Until national and state governments adopt meaningful limitations on the number of terms politicians can serve in office, a high level of scrutiny will be necessary to provide the level of transparency the public needs to make informed decisions about the candidates.
     Ordinary citizens should not be subject to the same level of scrutiny as politicians are (not that that standard is very high right now; it should, of course, be much higher). But citizens should not be protected from being fired based on their past behavior either, because in the private sector, employers – and, to some extent, customers - have the right to make such decisions (which should, for the most part, be unaffected by political considerations).


     Q: Are Democrats hypocrites on the Ralph Northam issue, given that they have made “anti-racism” a primary motivator?

     A: No, because Tim Kaine, Mark Warner, and other Democratic Virginia politicians, have called for Northam to resign. If anything, they should be criticized for failing to call for the resignation of Attorney General Mark Herring for doing the same thing, and for failing to call for the resignation of Lt. Governor Justin Fairfax over sexual assault allegations. Democrats are certainly being inconsistent though, and unreasonably picky about which people they choose to call out over such inappropriate actions.


     Q: How does the Virginia situation compare with other high-profile figures who made sexist or racist actions or comments without consequences?

     A: The differences between the Ralph Northam incident and the Brett Kavanaugh incident are that: 1) there is physical evidence of Gov. Northam's insensitive behavior, and none in the Kavanaugh “case” (or, non-case, rather, since no formal charges were filed), and 2) Northam's “offense” didn't have any direct victims, as in the case of Brett Kavanaugh and Christine Blasey-Ford.
     Before continuing, I should note that in the early 1980s in Maryland, when and where the incident between Kavanaugh and Blasey-Ford allegedly occurred, there was not a statute of limitations on reporting sexual abuse. This means that, even though it's true that the lack of a statute of limitations didn't stop Blasey-Ford from reporting the alleged attack, that does not prove in any manner that the statute of limitations made it easier for her to report the attack. And that's for one simple reason: she never formally reported the attack.
     Statutes of limitations on reporting sexual assault should be lengthened (as New York is trying to do), or repealed (as Illinois recently did). That's because people who are sexually or physically abused sometimes suffer from repressed memories; their minds hide from them the very fact that they have been abused.
That is why many rape victims don't come forward, because every time they spoke about it, they were silenced and intimidated, and because they can't cope with admitting that someone abused them.
     A rape victim may even be suffering from a form of split personality, fractured identity, or schizophrenia, because the person's mind has convinced them that the trauma literally happened to someone else, or to another version of themselves. A sexual abuse victim with this problem can sometimes be heard saying things like “I felt like it wasn't even me who that happened to”, or “I wasn't myself at the time”, or “I'm a different person now from who I was then”.
     And if they can admit that they were abused, they can't always accurately remember the details of their victimization, because the event was so traumatic, that instead of blotting out the traumatic memory, they remember only the traumatic memory, while what happened before and afterwards gets blotted out (because those parts of the experience weren't traumatic, and therefore were less memorable than the traumatic event).
     And while a rape victim is struggling to cope with being a victim, others may be telling them that they have a victim complex that is only imagined. Some people will even say that the victim should have said something sooner, but also that they should shut up about it because they were probably asking for it, and “must have done something to incite or provoke or arouse the rapist”.
     Others will intimidate a rape victim into silence based on the fact that the abuser has a career and a reputation to maintain, and a family to support. This is nothing more than the “banality of evil”, as explained by Hannah Arendt, who testified at the Nuremberg Trials. Nazi officer Adolf Eichmann stated at those trials, “I have been faithful to my country, and have obeyed the rules of war.” Essentially, his argument was that he was “just doing his job”, as I.C.E. officials in the U.S. are wont to say after shooting someone to death. But having a career and a family, and needing to obey the rules, does not make it OK to rape people, nor to intimidate them into silence, nor to put on blackface to deliberately mock people. If everybody with a family to feed did that, the world would be too horrible a place to live in.
     A person who has been abused or molested – especially a child or a legal minor – cannot be relied upon to either be capable of consenting to sexual activity, nor to promptly make a police report about his abuser, nor to give consistent and reliable testimony about everything surrounding the pertinent attack, nor to take the appropriate formal steps to do so without the assistance of legal counsel. Memory loss, intimidation, and the stigmatization of the “victim complexes” supposedly possessed by people who acknowledge that they have been victimized, all contribute to the “conspiracy of silence” which makes it difficult to charge and convict sexual abusers, and which delays the reporting of sex crimes.
     That is why statutes of limitations on reporting all physical and sexual crimes should be lengthened or abolished. The purpose of the American government is not to make it more difficult to sue others, it is to leave the courts open to all significant controversies, with equal protection for all, and equal justice under the law, and, thus, equal access to the courts, and equal right to initiate a lawsuit or file charges regardless of geographical location or jurisdiction.


     Q: What are your thoughts about the State of the Union?

     A: I thought Trump's address was boring, and virtually devoid of positive proposals, or any good ideas about what the government should do, or even any hope for a better future. It's difficult to argue that we can't do better as a nation than a Trump presidency. But as the current president, Trump cannot help but make the argument that we can't do any better, even if he tries not to. Trump's address failed, and he is plainly incorrect that “the state of the union is strong”.
     Trump patronized a young girl with cancer who collected funds for her treatment, which she only had to do because she was taken off of a public health care plan (a fact which Trump neglected to mention). Trump took credit for the U.S. for winning World War II that rightfully belongs to the Soviet Union (whose forces killed 80% of the fascists in Europe during that war).
     Trump has practically taken personal credit for lowering unemployment, which he admitted just four years ago was at 41.2%. It's not that the unemployment rate fell from 41% to the current rate; it's that Trump started using the U3 unemployment rate instead of the U6. U6 includes more people, like the seasonally employed, the underemployed, people without residences who work occasionally, and more; so the drop in unemployment is largely attributable to plain and simple fudging of the numbers. One cannot accuse Trump of misleading us about unemployment numbers, without acknowledging that Alexandria Ocasio-Cortez is at least part-right in her analysis of how bad unemployment is.
     Trump also patronized minorities by neglecting to consider the possibility that the low Hispanic and black unemployment rates that the country is currently experiencing, might be, in part, due to people being pressured into seeking employment. Being coerced into working for a business, especially one that has recently been bailed out by the government, is not a purely voluntary decision. Our society pressures people into working a regulated job and paying taxes, even those individuals can be productive and self-sustaining on their own, based on the idea that they are tax cheats.
     Not everyone who avoids work is lazy; some people avoid particularly difficult and taxing labor because it's safer and more healthful to avoid it. People who know how to avoid work should be left alone, and left free to reap the rewards, rather than being pressured into selling their labor to someone for profit.


     Q: How effective was the Democratic response by Stacey Abrams?

     A: It wasn't effective, but it was more effective and substantive than Trump's speech. It wasn't necessarily wise to have someone deliver the State of the Union response who is both currently out of office and has never served in a national elected office, but Abrams delivering the response can be rationalized by her popularity, the necessity of winning Georgia as perceived by Democrats, and the need to mobilize Democratic voters at the state and local levels.
     Although Abrams was correct to call for increasing voters' access to polls, she neglected to mention that we need to restore the right to vote to people who have been incarcerated but have served their time. To fail to mention the voting rights of the incarcerated is to neglect the significant diminution of black voter turnout in the South which is attributed to convicted felons still lacking the right to vote. On the other hand, I would guess that Abrams decided to omit those people out of concern that it could make African-Americans seem like violent criminals, so I understand why she would be reticent to mention them.
     Still, Abrams's failure to mention the voting rights of ex-offenders – as well as the fact that, in her speech, she appealed to Reagan and Obama to promote “reasonable border security” over open borders – suggests to me that the Democratic Party is still run by a neo-liberal oligarchy. That oligarchy is every bit opposed to real socialism, as it is to a system which would feature a combination of free markets, free trade, open borders, and a free flow of people into the country (unless and until they're suspected of a real crime).
     Given Abrams's support of gun control, Trump's willingness to confiscate guns, and Trump's supporters' ability to win immigration arguments with Democrats by citing Obama's record number of deportations, suggest to me that Abrams and the Democrats will offer a very weak and inconsistent argument against the Trump Administration. Citing Obama as an inspiration on immigration policy, is sure to prompt the Republicans to do the very same thing, and rightfully claim that the Democrats didn't criticize Obama while he was breaking deportation records.
     These facts lead me to believe that the Democrats will offer no substantial alternative to the Republicans in 2020, as far as Libertarians, staunchly progressive Democrats, Greens, and Socialists are concerned.


     Q: How important a role does race play today in our politics (on both sides)? Is one party helped more than the other by “playing race cards”

     A: Race plays a very important role in politics, as well as in the institutional hierarchy which minimum wage laws intended to impose (and succeeded in imposing) upon the labor force, and in the relations between racial gangs in the prison system and in organized crime.
     Neither party is helped by playing race cards, because while Republicans look like racists for focusing on race, Democrats focusing too much on race tends to distract from economic issues and divert attention to “identity politics”.
     Democrats are able to get away with this by feigning sympathy for people of color and patronizing them, while Republicans are able to get away with it by replacing discussions about race with discussions about citizenship status and religion (and discriminating people based on those factors instead of race).


     Q: Statistics show that ethnic minorities will be a majority in the U.S. by 2024, and beginning in 2019, more non-white children will be born each year. Your thoughts?

     A: The only reason that whites becoming a minority in the U.S. presents a political problem, is because the Democrats and Republicans who claim to value the Bill of Rights and civil liberties, are busy maintaining the current system of majority voting.
     Protecting the rights of majorities in an unlimited manner is not an American value. The rights of individuals should always be protected, without regard to whether they are in the majority or the minority (whether we're talking racially, politically, in terms of religion, or whatever else).


     Q: Will there be another shutdown? Is there a “national crisis on our southern border”? Is Trump doing a service by making immigration an issue that we, and Congress, can no longer ignore?

     A: There will
not be another shutdown, because yesterday (February 12th, 2019), Democrats agreed to $1.4 billion in funding for a steel barrier along that border. I predicted several weeks ago that the Democrats would decline to impeach Trump, and even agree to pay for his wall, and I was right. The Democrats have shown themselves to be spineless, and their eventual capitulation was predictable from the moment last month when they agreed to fund the Border Patrol.
     Trump is not doing a service to the American people by making immigration into an unavoidable issue. He is doing nothing more than scapegoating immigrants and foreign countries for most American problems; from drugs, to infectious disease, to religious conflict, to economic and trade policies, to unemployment.
     Trump is deliberately playing-up the threat supposedly posed by immigrants coming from Central America, in order to create an illusion that they present a military-level threat to the United States. Without proving that such a threat exists, it will be difficult for Trump to justify declaring a national emergency, citing such a military-grade threat as a basis for such a declaration). Additionally, without such a declaration, it will be difficult for Trump to justify deploying U.S. troops on U.S. territory, without it being declared an unconstitutional move and an inappropriate use of U.S. soldiers during peacetime.
     The threat posed by Central American drug gangs is also being overplayed. The C.I.A. is the largest drug cartel in the world, and the U.S. sells weapons and drugs to regimes all over Latin America. People are coming here from Honduras, in part, because Obama's C.I.A. orchestrated a coup of that country in 2009, when it colluded with forces conspiring to oust Manuel Zelaya from power.
     If America doesn't want sovereign countries to be undermined and destabilized by rebel groups, as it claims, then America should stop funding and arming the rebel groups in those countries, and then wondering why people are trying to escape their home countries where those rebels are fighting their elected governments. If America doesn't want immigrants coming here, then America should stop bombing foreign countries, sabotaging their economies, and declaring their elections invalid.
     The Trump Administration is deliberately making the immigration crisis worse; by preventing people from coming into the United States and then declaring asylum, by funneling migrants into dangerous points of entry, and by suing volunteers who leave food and water out to help migrants survive their trek across the desert.
     Just like how the government allows heroin supplies to be cut with deadly fentanyl in order to make it more dangerous – and just like how the government allowed bootlegged liquor supplies to have toxic wood alcohol added to them – Trump is “proving” that illegal immigration is dangerous, by deliberately making it more dangerous. That's manufacturing evidence, and it's deceptive.
     Trump may be correct that he's making it easier to come in legally, but he's also trying to turn the victimless crime of crossing a border into an act that a person should not be allowed to undertake and still survive. Unfortunately, the Democrats offer no alternative.


     Q: What are the chances for substantive bipartisanship? Will low approval ratings give Trump incentive to work with Pelosi for high-profile deals, like infrastructure? Does Pelosi want to work with him?

     A: If it's not only a rumor that the Democrats just signed on to a $1.4 billion deal to give Trump his wall, then Trump will begin working with Democrats more, regardless of his approval ratings.
     I now suspect that Pelosi and Schumer have wanted to work with Trump to fund Border Patrol and build the wall since the beginning, especially considering that, a month or two ago, Trump cited Schumer's previous consideration of support for the wall as a reason why Schumer should capitulate.
I hope that Democrats refuse to fund the wall, and find some way to cancel the deal to allocate $1.4 billion to that cause (if such a deal has already been made).
     Infrastructure, and potentially also veterans' issues, are some of the most likely topics on which bipartisan compromise could be made, but disagreement on immigration might continue to be an obstacle to such compromise. However, I hope that disagreement on immigration grows, and I do not consider infrastructure projects to be a rightful authority of the federal government, so I would not be bothered if federal infrastructure reform were delayed due to partisan conflict or a government shutdown. Infrastructure would best be handled in the states and localities which are primarily affected by such projects.


     Q: “Great nations do not fight endless wars”. Are we OK with pulling out of the Middle East? Out of South Korea?

     A: I favor pulling troops out of South Korea, Japan, Kuwait, Iraq, Syria, Afghanistan, Germany, and all other countries farther than 100 miles from U.S. shores. I favor dismantling some 800 overseas military bases, and removing U.S. troops from some 150 countries.
     U.S. troops have not been fighting I.S.I.S. as much as our government claims they have; our troops have mainly been working with I.S.I.S. to try to destabilize Bashar al-Assad's regime. Reagan said you shouldn't underestimate the irrationality of Middle East politics; but that's not because “they've been fighting each other for centuries”, they haven't. The same quotation from Reagan also suggested that the real irrationality lies in American foreign policy, which assumes it can fund and arm the right rebel group, to oust the right regime in the right country, and somehow achieve world peace.
     I support pulling troops out of Syria, but doing so will only prove self-defeating if we replace U.S. soldiers with private contractors or mercenaries. Regardless of concerns that a lack of U.S. presence in Syria will lead to a power vacuum, we never should have gone into Syria in the first place, we don't know what we're doing there, and every time we decide what we're doing there we're proven to be lying about it. It's time to come home.
     However, we should be cautious not to congratulate the president for removing troops from Syria and South Korea, only to re-deploy them on the U.S.-Mexico border, or to Venezuela for a coup to help install Juan Guaidรณ as president of that country. To move troops around the world in this manner, is like a child refusing to eat the food on his plate, and instead, moving it around with his fork, so as to give the illusion that he is doing as he's told. We must not allow the president to deceive us like that, if that is his intention.


     Q: Is Senator Elizabeth Warren's candidacy dead because of her false claims of Native American heritage?

     A: No. Her campaign is not dead, and she shouldn't have apologized, because she does have Native American heritage. Her genetics test revealed that she has a Native American ancestor somewhere between six and ten generations back.
     Indigenous tribes have the authority to determine whom to admit and whom not to admit, and they have the right to exclude Warren if they so desire. Warren is not lying; the data that the genetics test revealed were widely misinterpreted by various news sources.
     Right-wingers' focus on Elizabeth Warren's race – aside from it being a major distraction from more important things, like what Warren's policies are – is proving them to be every bit as focused on race and identity politics as the liberals and leftists whom they detest for doing the same thing (except that the liberals and leftists do it in order to defend marginalized people of color, not to dehumanize them).
     This “Pocahontas” controversy is also, conveniently, serving as a distraction from the fact that right-wingers apparently do not remember the history of institutionalized racism in the United States. After the Civil War, many southern states passed “grandfather clauses”, imposing voting restrictions upon African-Americans, but exempting those whose grandfathers had the right to vote before the U.S. Civil War (or other designated dates). This effectively excluded nearly all blacks from voting, the majority of whose grandfathers had been slaves before the Civil War. Effectively, these laws kept people from becoming free voting men, based on their ancestry; essentially, based on “the sins of their fathers”, not on anything bad they had personally done during their lifetimes.
     Additionally, before the Civil War, state laws regarded free people of color or mixed race as legally white, if they had less than one-quarter or one-eighth African ancestry. The following century saw the “one drop rule”, which whites claimed in order to justify subjugating anyone and everyone who wasn't 100% European. It should be plain to see, from these facts, that the experience of many people of color in America, is that no matter how many generations one's family has been interbreeding with whites, some whites will never stop treating mixed-race people as if they were not white at all, and therefore (in their mind) not human, or at least as undeserving of equal rights and equal treatment.
     Growing up poor in Oklahoma in a family she knew had Native American heritage, effectively makes Elizabeth Warren mixed-race. Her critics have apparently forgotten that not everyone in America is 100% white, or 100% Native American, et cetera, but that some people have heritage from multiple ethnic groups. It would be presumptuous to tell Elizabeth Warren that she did not have similar experiences to other people of mixed European and Native American heritage growing up. Therefore, it would be difficult to assert that she is “not Native American”, or only a fraction Native American, because being “a fraction Native American” does not erase any past treatment she may have received which could have been influenced by the assumption that she was Native American.
     I wish Senator Warren would walk-back her apology, and reiterate the fact that her genetics test revealed a Native American ancestor between six and ten generations back. Once the Republicans finish demanding to see her papers, and analyzing her blood (like perfectly normal people with honest intentions often do), I hope they can learn to criticize her on issues of substance, instead of complain that she doesn't look as “Indian” as the stereotype they imagined in their heads.


     Q: Democrats are proposing a “Green New Deal”. Why is the environment so low on the radar screen of most Americans, while so many scientists believe that the Earth is in crisis?

     A: One factor is the fact that most Americans whose opinions matter in the eyes of the governing body - because of their money and their high voter turnout - is retired people. And frankly, they don't have a lot of time left on this planet, so they have less incentive than young people do, to make sure that humans and other life forms can co-exist on this planet without destroying it.
The planet is approaching a point of no return, regarding carbon emissions, around the year 2030. Despite the statements of Alexandria Ocasio-Cortez, that does not mean that we have to get to zero carbon emissions worldwide within 11 years; it means that after 2030, carbon dioxide should not be emitted without equal and commensurate offsets (such as planting trees, or engaging in other actions that lower our carbon footprint).
     Right-wingers' insistence that the public policy on global climate change be ignorance, is making it difficult to set the facts straight about this subject. It is also making it difficult for Americans to get behind adopting international climate agreements voluntarily. That's because right-wingers are willing to criticize Agenda 21 and Agenda 2030 purely on the basis that they risk undermining American national sovereignty because they come from the United Nations. And they are correct to point that out, but they criticize the implications on sovereignty without considering that many U.N. programs and international climate agreements are voluntary.
     The same effects of Agenda 21 and Agenda 2030 – some of which are desirable - could be replicated without encroaching on national sovereignty. That can be achieved by codifying the same policies into law on a local or state level. That way, we could have local, popular laws all over the country, to make sure that human development does not threaten endangered animals, and to ensure that new wealth and large buildings are both spread out geographically, in order to (at the very least) prevent income disparity from getting any worse.
     Yet right-wingers' refusal to admit that climate change does not solely involve warming, and their fear that the only way to implement good environmental policy is through socialism, is just perpetuating the problem, and turning their pessimism about improving environmental quality into a self-fulfilling prophecy; one which allows them to pollute and waste as much as they please, without any responsibility to compensate others who did not agree to suffer the consequences of other people's pollution, but whom nonetheless have to cope with them.
     Republicans' scientific ignorance is stalling progress and compromise on the environmental issue. Hopefully it will not take them until 2025 to admit that there is a problem, when they realize that the North Atlantic Ocean has been dangerously overfished.


     Q: Is Trump's second summit with Kim Jong Eun a good idea? North Korea says they won't denuclearize. What's the risk that Trump will agree to pull out without getting concessions from Kim?

     A: America is the only country that has ever used nuclear weapons against any other country, and it vaporized hundreds of thousands of civilians upon impact. America is the last country in the world that has any leverage or clout from which to admonish North Korea for possessing nuclear weapons.
     American belligerence and domination is the very reason why “rogue nations” like North Korea and Iran (which are nowhere near as much of a danger to America as we are told) seek nuclear weapons in the first place; to defend themselves against American aggression.
     To blame North Koreans for defending themselves would be more irrational than any ridiculous claim that was ever made about the birth of Kim Jong Il.
     Trump should pull U.S. troops out of North Korea, regardless of whether Kim agrees to denuclearize or not. I believe that Trump is ready to act like a giant baby over this issue, and I believe he is prepared to allow U.S. servicemen to die if Kim doesn't allow Trump to humiliate him, in the event that a second U.S.-D.P.R.K. summit does indeed take place.


     Q: What do you make of America not recognizing Venezuela's Maduro?

     A: I do not recognize the authority of the United States, nor Vice President Mike Pence, nor any country in Europe, to determine the leadership of the people of Venezuela; that responsibility lays in the hands of the people of Venezuela alone.
     The U.S. is currently blockading Venezuelan oil ships, effectively preventing them from unloading and selling their oil. The U.S. is blockading Venezuelan oil exports, while blaming socialism for Venezuela's decline. Well, socialism is not blockading Venezuelan ports; America is.
     Moreover, the U.K. decided to steal Venezuela's gold, on the assumption that Maduro is not a legitimate leader, and thus not qualified to ask for it back, and not trustworthy of delivering it to his people. Western media report this, as if the leadership of Great Britain were more concerned about the Venezuelan people's welfare than their own financial solvency.
     This is yet another example of the U.S. and its Western allies conspiring to delegitimize a nation's election results, invade it, and coerce whomever's left to rule that country into surrendering a significant amount of its oil supply. Trump even admits that he'd like to go back to a “to the victor go the spoils” model of war, in which the United States will brazenly admit to taking oil as payment for supposedly liberating some obscure segment of the people (and who those people are exactly, maybe we'll find out later).
     What is happening in Venezuela, would be like if the U.S. Senate got together and elected a leader from among themselves. It would be like if the Senate elected Chuck Schumer president, after two members of his party had insisted on remaining seated in office after they were revealed to have won their elections fraudulently. It would be like if Chuck Schumer essentially declared himself president, and tried to abolish the U.S. House of Representatives, against the wishes of the Supreme Court.
     That is essentially what is happening in Venezuela, except replace Chuck Schumer with Juan Guaidรณ, replace Senate with the Venezuelan National Assembly, and replace the House with the Constituent Assembly. An American congressman recently called for abolishing the Senate; so, if anything, it is the House that should be abolishing the Senate, not the other way around. That's because the House exists to represent the population, while the Senate intended to represent the states. And also because senators serve longer terms, and represent wealthier and more specialized interests than House members. Generally speaking, the upper house of a legislature entrenches power to a greater degree than the lower house does.
     Additionally, Juan Guaidรณ – the president of the upper house – attended George Washington University in Washington, D.C., a university known for having a significant C.I.A. presence on campus, as well as one of the five most militarized campuses in America. Guaidรณ's presidency is not only illegitimate; it is an orchestrated coup by the U.S., in concert with other foreign powers who want destabilization in Venezuela. It is practically a repeat of the C.I.A.-aided coup back in 2002 (under the Bush Administration) which saw the two-day kidnapping of Hugo Chavez, before his return to power.
     I predict that Trump's baseless proclamation that Guaidรณ rules Venezuela, will go down as one of the greatest blunders in the history of State of the Union addresses. That is, unless the Trump C.I.A. succeeds in its mission to carry out a coup there (perhaps with the help of a draft, to compel young people to fight). I hope that Trump comes to his senses and learns to respect the right of the Venezuelan people to manage their oil and their elections by themselves.


     Q: On paper, our economy looks great. But how have tax cuts, dramatic jobs increase, tariffs, and interest rate increases worked out so far for middle-income Americans?

     A: The Trump tax cuts benefited the wealthy to a much greater degree than the middle class and poor. I attribute the increase in employment to increased poverty and thus increased desperation to work, and to the picking and choosing of official government unemployment measures as a way to distort the truth about how many people are not only working, but are satisfied with their job and can rely on it for the hours they need.
     The tariffs failed, as tariffs always do, because they have only frustrated our allies without cause. The tariffs acted as, in effect, a bailout for American steel. Next, the agricultural sector was quick to notice that a round of bailouts might have been beginning, and so, they asked for their own. This not only could have been predicted, but was predicted, in economist Henry Hazlitt's Economics in One Lesson. Additionally, tariffs (as well as sales taxes) unnecessarily politicize trade, and deter foreign investors from investing here, if they in any way object morally to what America does with the money it gets from those tax revenue sources.
     It is sort of a good thing that interest rates have gone up, since that might make investments more secure, but it is still being set by a private corporation with unduly delegated authority from Congress, which disguises itself as a bureaucratic central board. If banks were free to compete to issue currency at low interest rates, then loans would be less expensive, and money would hold its value for longer. Any economic policy which does not recognize these facts, does not care about Americans' right to determine their own financial destiny.
     Ninety-nine percent of Americans do not own stocks, and 60% of the stocks are owned by 1% of investors. The Dow Jones is not an indicator of the well-being of the economy in general, nor is the G.D.P., nor is the minimum wage.
     The economy is only working for the super-rich, and the tax cuts made that problem worse than it already was.


     Q: The Supreme Court allowed Trump's ban on transgender individuals serving in the military to go into effect while specific cases work their way through the courts. What are your thoughts on this?

     A: It sounds exactly like Trump's policy at the border: punish everyone en masse, and let people drip through the system as slowly as possible, to discourage them from enlisting (or immigrating). What more do I need to say?
     Effectiveness on the battlefield should be the only criterion for admission or expulsion.


     Q: Americans are not making enough babies to replace ourselves. What can be done?

     A: If America doesn't have enough people, then we could let millions of immigrants and refugees come here. Whether we do that or not, we can automate manufacturing and distribution, so that we can sustain larger numbers of people, while progressively needing less and less human labor (and more automated labor, including delivery of goods by drone) in order to accomplish that.
     Think of how much food and medical care we could deliver to retirees, if internet purchasing, robotic delivery drones, robot surgeons, and 3-D printed organs were more affordable and accessible. Ending subsidies of all kinds, curtailing the duration of intellectual property protections, and lowering sales taxes and tariffs and trade barriers, could help make that happen, without needing to devote any more extorted taxpayer funds to science and technology.
     Undertaking the above mentioned efforts will do wonders to allow people to live comfortably into old age, without needing to promote the birth of additional babies whom we are not yet certain we have the means to take care.


     Q: How conservative is the Supreme Court? It left lower court victories intact for Planned Parenthood in a legal battle with states over access by Medicaid patients to the group's services. The dispute did not involve abortion, but it keeps a hot-button political issue off the docket.

     A: I cannot say that I know anything about the particular Supreme Court case that is being referenced, but I do not believe that abortion should be publicly funded in any way. Churches, charities, non-profits, cooperatives, and voluntary associations, however, should never be prohibited from offering abortion services (that is, unless they receive public funds and the public doesn't want them to offer those services).
     I hope that Illinois Republicans will wake up to the fact that they are never going to have a staunchly pro-life Republican gubernatorial candidate. I am personally pro-choice, but that fact does not stop me from saying that total lack of government involvement in abortion is the only correct moral position, no matter what side you're on.
     In deference to the Tenth Amendment, states would make their own policies. But localism, subsidiarity, and county and municipal home rule, are more important values than the simple assumption that the Tenth Amendment should always render an unenumerated authority the purview of state authority. The Tenth Amendment reserves unenumerated rights for “the states or the people” (emphasis mine), not “the states, and then the people”. Thus, the authority to determine abortion policy rests with the people of each state, and they can choose to have no policy if they wish.
     I do not agree with New York State's law permitting abortion until delivery, and I also know that there are plenty of people (even progressive women) who will admit that an “abortion” of a fetus over six months gestation is never (or almost never) medically necessary. That said, I also cannot say that I know for sure whether the survival of a fetus of eight months gestation has ever threatened the life of its mother.
     At the same time, though, I wish that this issue had never become politicized, and I believe that pregnant people should have the right to get abortions, even if it is elective. As long as it is not publicly funded, and nobody is coerced into paying for it. I don't think Medicaid should exist, much less pay for abortions.
     Viable Republicans and Democrats running for prominent offices will never offer voters this moderate third option.


     Q: How will the new Congress address health care? Which party has the bigger problem if Obamacare is killed and millions lose insurance, or pre-existing conditions are not covered?

     A: The new, and divided, Congress, will address health care in the same chaotic, meaningless fashion in which they have carried on “addressing” it for the last decade.
     The question explains it all: The two parties will disagree as to whether Obamacare has even been dismantled in the first place, and this disagreement will make meaningful conversation on the topic all but impossible.
     As usual, the Democrats will refuse to explain what their Medicare for All bill will entail in enough detail, and as usual, the Republicans will completely fail to explain the merits of creating free interstate commerce in the delivery of health insurance, together with an attempt to reduce drug prices. But reducing drug prices, coupled with getting rid of trade barriers against the importation of pharmaceuticals, will achieve an even freer and more interconnected market for health items in general. That, and taxing profits from the sales of medical devices, without taxing sales themselves, and only taxing medical device companies if they receive government assistance.
     Simply put, the Republicans do not care that they have a brilliant, simple health policy that could reduce drug prices, the costs of living, and maybe even the costs of malpractice lawsuits in this country. Why? Because Rand Paul is one of the biggest advocates of such proposals, and having a free market in health would make Rand Paul look even more credible than he already is. It would elevate his stature, and increase his influence upon the president and upon his party.
     If Donald Trump keeps listening to Rand Paul, our politics might become slightly more sensible. God forbid, we would be in a few less wars around the world. And I know of few Republicans who would be willing to put up with such a thing.


Post-Script:
     I asserted above that congressional Democrats agreed to fund Trump's wall to the tune of $1.4 billion, but that has not yet been confirmed. The source of that information can be viewed at the following link:
     Reports about this are conflicting. The following two articles allege that there will be a deal to avoid another government shutdown, and that the deal will not include funding for a wall:
     http://www.nbcnews.com/politics/donald-trump/trump-likely-sign-deal-keep-government-open-doesn-t-include-n970951
     http://www.reuters.com/article/us-usa-shutdown/congress-advances-border-security-bill-without-trump-border-wall-idUSKCN1Q30KU
     We may not know what the final deal is, until Friday, February 15th, the deadline to avoid another government shutdown. So please, do your own research, consult multiple sources, check the facts against each other, and come to your own conclusions.
   





Written on February 13th, 2019
Edited on February 14th, 2019
Post-Script Written and Added on February 14th, 2019

Published on February 13th, 2019

Friday, July 13, 2012

Intellectual Property: Adam Kokesh et al. vs. a Polyarchist Approach

            In a recent lecture which was posted on YouTube as “Dismantling Intellectual Property Myths (Adam Kokesh)”, media personality and former Marine Adam Kokesh – who  ran for the U.S. House from New Mexico in 2010 – defended his stance against intellectual property (hereafter referred to as “I.P.”), calling it an immoral “racket” and a “government scam…” which has no role “whatsoever in a free society”, and which is “holding us back in so many dangerous ways”.
In rejecting I.P., Kokesh takes a stance comparable to that of libertarians, classical liberals, and individualist anarchists such as Benjamin Tucker, Thomas Jefferson, Friedrich Hayek, Murray Rothbard, Samuel E. Konkin III, Jeffrey Tucker, Roderick Long, Wendy McElroy, Brad Spangler, Kevin Carson, and Stephan Kinsella.
            In answering a question on I.P. which was addressed to him, Kokesh began by acknowledging that there is a divide on the topic of I.P. among American libertarians. While libertarian-leaning political theorists such as Lysander Spooner, Ayn Rand, David Friedman, and J. Neil Schulman have expressed support for I.P., I believe that the debate between the latter group and the former group have created somewhat of a false dichotomy between the pro-I.P. and anti-I.P. crowds.

            In the lecture, Kokesh used many typical anti-I.P. arguments. In saying that I.P. stops “the free flow of ideas”, he echoed Stephan Kinsella, who had previously told Kokesh that I.P. imposes “restraints on the flow of information”, describing I.P. as – effectively – a “form of censorship”. Kokesh went on to say that I.P. is “based on owning ideas and sequestering them”.
            Kokesh also described I.P. as “directly at odds with real property rights”, saying that “you can’t have one and the other in co-existence at the same time as absolute principles; either you believe in property rights or you believe in intellectual property…” (this is the type of dichotomy which I earlier characterized as false). Stephan Kinsella also previously told Kokesh that I.P. is against “property rights”.
            Before continuing my criticism, I would like to qualify two things. First, in the context of the disproportionate government reaction to illegal file-sharing on the internet, Kokesh and Kinsella are correct in rejecting the status quo of copyright law and laws providing for censorship of the internet. Second, the two are also correct to reject I.P. in the context of the status quo of institutional government as we know it, but there will be more on that later.
            Kokesh and Kinsella characterize I.P. as a restraint on the free flow of ideas and information which conflicts with property rights. I would note that nowhere in Kokesh’s lecture or in his interview of Kinsella did either one of them define “property rights”, nor did they care to make any distinction between private property and personal property, in the vein of Mutualists such as Pierre-Joseph Proudhon. Before continuing my criticism of the anti-I.P. arguments made by Kokesh and Kinsella, I would like to explain the distinction between these two forms of property, and how I see intellectual property fitting in to this dichotomy.
              In the Mutualists’ view, “personal property” denotes physical, tangible property which is movable; capable of being possessed; and can be made available for access and use. “Private property” – on the other hand – usually denotes landed, immovable property, especially when such property exists at a volume which is difficult to justify given the number of people claiming to own it in proportion to the remainder of humanity and of their respective sets of needs and their possessed natural resources and means of production; when such property is unoccupied and thus cannot be readily defended by its purported owners without depending on the action of external actors; and when access to and use of such property is conditional upon the payment of rent by tenants and occupants, especially at an increasing price.
              Using the definition of personal property which I have just articulated, the types of goods protected by intellectual property rights certainly count as such, being that these goods – such as books, audio discs, and electronic data – are physical and tangible, movable, capable of being possessed, and capable of being made available for access and use.
              However, while personal property denotes the physical goods themselves, private property would seem to denote the right to exclusively possess and control the – to borrow a word from Shawn Wilbur – disposition of the physical property; that is, the enforced agreement and promise that an individual or a group of individuals will retain the power and ability to possess the property and control what happens to it and how it is used.
              But while the Mutualist conception of private property usually denotes immovable land as property, it perhaps more strongly connotespropriety” – that is, ownership – suggesting more of a construct than a physical good. Removing all references to land and physicality from the conception of “private property”, it is easy to see how intellectual property could be considered a form of private property.
               First, I.P. exists at a volume which is difficult to justify given the needs of others. Granted, nobody needs to have access to books and music and e-data in order to survive, but the communication of information – be it educational, recreational, or otherwise – increases our ability to learn about our surroundings (and, often, as a corollary, how to adapt to and survive in our surroundings), and enriches our intellectual and aesthetic sensibilities. Indeed – and aptly so – Kinsella characterizes I.P. as a form of censorship (perhaps in an even broader sense than that of modern internet censorship by government) which inhibits the freedom of speech and the freedom of expression. Kinsella also points out that it has been claimed that the average American would owe $4.5 billion per year if prosecuted for illegal file-sharing to the fullest extent of the law, which he would criticize as cruel and unusual punishment that would not pass 8th-Amendment constitutional muster.
               Second, I.P. cannot be readily defended by its claimed owners without depending on the action of external actors. Being that it would be very difficult for writers, musicians, and authors of electronic data to take it upon themselves to maximize the distribution of their work to their audience, they usually have to rely on professional distributors to do this on their behalf. Given the advent of the printing press and subsequent forms of mass media – most recently, file-sharing – it is just as difficult (if not more) for authors to take it upon themselves to ensure that no member of their audience share, reproduce, re-appropriate, and / or profit off of the original work, so they usually have to rely upon some external actor to uphold their claimed rights to control what happens to their work (who can credibly become such external actors and how these rights are asserted and licensed-out will be addressed later).
               The third attribute of private property which I articulated – that is, its use and accessibility being conditional upon the payment of rent by users, especially at an increasing price – does not seem to apply (at least not in any way that goes beyond fee-for-use systems whereby readers, listeners, and internet users pay for continued access to the material). I would argue that this is only an occasional attribute of private property; one which is neither necessary nor sufficient to make the pertinent good qualify as a piece of private property, but rather merely one which makes private property appear more unfair and egregious.
            In summary, I would describe intellectual property as “a system of ownership or propriety which aims to enforce agreements and promises to protect and defend one or more persons’ power and ability to exclusively possess – and to control the access to and use of – physical, tangible, and movable goods which are capable of being possessed, are capable of being made available for access and use, exist at a volume which is difficult to justify given the reasonable desires of others, and cannot be readily defended by their purported owners without depending on the action of external actors”.
            Of course, it would be unreasonable to expect that Kokesh and Kinsella would be so careful in defining “property rights” in the brief interview and lecture in which they participated, but I feel that the distinctions which I have made – as well as those which I have yet to make, especially with regard to governments’ role in all this – are well worth the time which is required to make precise.

            Rejecting the notion that “there’s no incentive to create if you’re not gonna be rewarded” which was hypothetically suggested by one of his audience members, Kokesh expressed an opinion that in the absence of intellectual property, there would remain an incentive to innovate. Kokesh says sarcastically, “it’s not in human nature to innovate at all”, and “without the violent government stopping the free flow of ideas, who would even want to generate new ideas?”.


            Kokesh rejected the prevailing response to intellectual property disputes of lawsuits as opposed to innovation, research and development, productivity, and “creating the next idea”, saying that I.P. “takes the focus away from the next idea and focuses… on the last idea, and prevents it from being shared or built on”. He suggested that in the absence of I.P., there would be a “different incentive system” – what he called the “tip jar model” – and pointed out that when people give away their creations for free, other artists can’t compete, effectively causing the decrease of products in the given market.
I would argue that although low prices benefit the consumer – and although a voluntary system in which consumers pay what they think is an appropriate price for goods is what society should strive towards – low prices do not necessarily benefit the creator and the distribution company. While Benjamin Tucker said, “a man who reproduces his writings by thousands and spreads them everywhere voluntarily abandons his right of privacy and those who read them” and “[y]ou want your invention to yourself… then keep it to yourself” – and while creators do occasionally spread their work for mass consumption without expectation of payment – most creators would appreciate recognition and compensation for their work, and some may go further to ensure compensation by seeking I.P.-type protections.


            Kokesh called I.P. “destructive to innovation”, especially in regards to the music industry, pointing out that it is not primarily musicians who lobby for the continued existence of I.P., but rather the representatives of the record labels. Although I agree, I would take issue with the fact that Kokesh did not take into account the desires of musicians who do have complete creative control over their art, and rights to their own intellectual property.

            Another issue which Kokesh briefly discussed was how long patents should exist, asking “should we still be paying royalties to the guy that invented the wheel?”. However, he did not suggest decreasing the term of patent (the time period for which patents should exist), and made no reference to the fact that most patents registered in the U.S. expire after twenty years or less, with extensions of ten years or less.
I feel that it was hyperbole for Kokesh to make the argument in reference to the wheel, as well as for Benjamin Tucker to make the argument that – had I.P. “been in force in the lifetime of James Watt [the Scottish developer of the steam engine] [it would] have made his direct heirs the owners of at least nine-tenths of the now existing wealth of the world”.  Had Watt lived in the United States – and been subject to the twenty-year patent term and a subsequent shorter extension – his patent would have expired before his death, and therefore could not have been sold or bequeathed to anyone in perpetuity.
Tucker also said that had I.P. “been in force in the lifetime of the inventor of the Roman alphabet, nearly all the highly civilized peoples of the earth would be to-day the virtual slaves of that inventor’s heirs… they would have remained in the state of semi-barbarism”. Not only does my earlier statement about patent terms apply to this example, but Tucker also makes the mistake of supposing that one sole person “invented” the alphabet; the alphabet is not an innovation with a single inventor, but rather something which exists solely for the purpose of communication between multiple persons, and which is continually developed over time.
Additionally, Tucker refers to development of the steam engine, and to an alphabet which exists in its current form due to continuous developments. From what I have seen and read of Tucker and Kokesh, they appear to pay little attention to this distinction. In fact, Kokesh’s proposed alternatives to lawsuits included “research and development”, so it would seem that he would be likely to support giving developers credit for their contribution to ideas.
Kokesh even – at one point in his lecture – said “this is not to say that you can’t have trade secrets… secret formulas”; this statement could be construed as an outright vindication of some system of intellectual property rights. While Tucker wrote that there should be no “property in ideas”, he and Kokesh also fail to mention that patent applications are rejected if it can be shown that they are simple observations or applications of physical laws, as opposed to genuine novelties of original innovation and development.
Although Murray Rothbard rejected patents, he supported copyrights, arguing that a copyright notice on a piece of literary work stating that its author does not consent to anyone using it unless they agree not to copy it constitutes a contract. However, just as it would be ridiculous to claim that reading the Bible or the Constitution makes one subject to their orders – especially in regards to those who don’t believe in the Bible, or are not willing citizens of the United States, or believe that claims of the power to do this or that which are made in the Constitution do not necessarily prove the existence of the ability or the properly-delegated authority to do so – it is ridiculous for Rothbard to pretend that reading a copyright notice obligates one to refrain from reproducing the work in question. Of course, the underlying premise in this notion is that it is not the act of reading which causes the obligation, but instead the existence and properly-applied authority and / or power of some external actor who would attempt to require one to obey.
 What else has been ignored so far in the discussion is that the American legal system guarantees patents for a determined period of time, and in a manner that is impersonal, being that the duration of the patent term – leaving aside the existence of periodic renewal fees – is typically determined without input from the originator. This is why I agreed with Kokesh – to some extent –  when he said that I.P. is one of the “things that the Founding Fathers got wrong”. The power relationship between the originator and the government will be discussed later.

            Kokesh takes his own work as an example, and defends the practice of “copyleft”, saying “my career is based on generating intellectual property, and I don’t claim any of it… everything that is produced with copyleft is free to use and replicate and pass along as long as you don’t charge for the content itself; as long as you don’t claim intellectual property, as long as you don’t turn it into intellectual property” by altering it and selling it.
            Although my intention is not to lambast Kokesh for being excessively well-compensated for his reporting and interview work – and although I cannot say for certain exactly what is his major source of income – I would point out that Kokesh is most likely reasonably well-compensated for his contributions to media, that he is a former Marine, that he is the son of a venture capitalist, and that he is (to be perfectly frank) a white man living in America in the 21st century.
My point is that Kokesh can afford not to claim intellectual property rights to his work, at least more so than the average innovator in the third world, the average American innovator who is a member of one or more minority groups, the average American innovator who has less job experience, and the average American innovator who does not have the advantages associated with having performed military service. To show that I do not say this out of contempt for Kokesh, I would point out that the same is true of myself in regards to my blog posts and YouTube videos, although perhaps not in regards to my more ambitious and laborious future projects such as books; time alone will tell.
 While I applaud and admire Kokesh for his support of copyleft as a solution to problems associated with the modern system of intellectual property rights under the U.S. government, I would argue that Kokesh may be inappropriately concluding from the fact that he does not need I.P. that nobody else should be allowed to claim intellectual property rights on their work.
I also take issue with the manner in which Kokesh rattled off sayings like “there are no new ideas under the sun” and “we see further because we stand on the shoulders of giants”. He surmised that a rejection of I.P. could include arguments such as pointing out that while one may have written a book, one did not invent a language, come up with sentences, invent paragraph structure, or invent paper or ink.
             In using the phrase “invent a language”, Kokesh – likely without knowing it – refuted Benjamin Tucker’s pretention that language and its manners of use can be “invented”. Kokesh is correct to imply that the use of language is refined and improved over time – periods of time which, I might add, are much longer than the U.S. patent term – by more than one person. However, we cannot say for certain what Kokesh’s reaction would be to claims of intellectual property rights to developments of languages which could have been made by people such as J.R.R. Tolkien and the inventors of Esperanto and other constructed languages, many of whom employed the traditional grammatical structures of existing languages – and some of whom rely on grammatical and syntactical structures thought to be universal – in their creations.
            I would further suggest that – in making his “we see further because we stand on the shoulders of giants” comments – Kokesh is making somewhat of a social-contractarian argument against intellectual property. We may remember the words of Harvard law professor and current Democratic Massachusetts Senate candidate Elizabeth Warren, who in 2011 said “there is nobody in this country who got rich on his own… you moved your goods to market on the roads the rest of us paid for; you hired workers the rest of us paid to educate; you were safe… because of police… and fire forces that the rest of us paid for… part of the underlying social contract is you take a hunk of [what you earn] and pay forward for the next kid who comes along”.
            Warren concludes from the fact that modern American society – which affords its citizens sufficient opportunity to earn and accumulate wealth – has components which happen to include publicly-funded roads, schools, police, and fire stations, citizens have the responsibility to pay their earnings forward to the remainder of current society as compensation for the work which has been done by past society.
This is a fallacy because Warren fails to take into account the fact that people who are born in the United States have no ability to choose not to be subject to its laws, nor to choose to be subject to solely the laws of the state or community in which they reside, nor to choose to be subject to the laws of a government competing within the same jurisdiction, nor to choose to be subject to any government which does not have publicly-funded roads, schools, police, and / or fire stations, etc..
She suggests that a person should be obligated to pay into a system which they do not have the opportunity to resist, nor the opportunity to earn the wealth necessary to relocate themselves to the jurisdiction of a foreign government without being required to pay some of that wealth to the government which has jurisdiction over their native land which they feel is oppressive of their rights. 
Furthermore, she fails to consider that what she claims to be the price of earning wealth in a society which affords sufficient economic opportunity is an inhibition and a conditioning of that very opportunity itself. I would argue that this renders Warren’s conception of the conditions for a fair and just society inherently self-contradictory.
       Similarly, Kokesh suggests that while society has been responsible for developing the contributing components of a hypothetical modern author’s book – such components specifically enumerated by Kokesh having been language, sentences, paragraph structure, paper, and ink – the author of the book, as compensation for the contributions of past society, owes current society something; namely, to give in to the demands of current society not to claim intellectual property rights to his work.
          To be explicit, I would argue that – even admitting that some compensation may be due as a condition of living in a free society – no reasonable claim can be made that compensation should be made to current society on the premise that its existence was made possible by the work of past society.
Even so, I maintain that under the current system, society is not free (at least in the civic, institutional sense), due to the fact that – as I explained earlier – no alternatives exist to the subjugation of individuals to the government or governments claiming exclusive or shared jurisdiction over the territory in which such individuals reside and / or are present; this brings me to my last point.

            Murray Rothbard argued that patents are coercive monopolistic privileges granted by the State. In refuting I.P., Adam Kokesh used phrases like “the government” and “the violent government”. Being that both Rothbard and Kokesh were criticizing the system of intellectual property as it exists in the context of the United States government, their manner of phrasing is to be expected.
            Kokesh also used phrases like “the force of government” and “force and violence”. Although in the latter phrase, Kokesh did not say “the government”, with both phrases he suggests that all government is inherently forceful and violent. Nowhere did he define force or violence, or consider that under certain conditions, government can be non-forceful, non-violent, and non-coercive.
            My conception of the freedom of the individual in regards to government or governments is similar to that of Roderick Long; one which could be termed “polyarchism”. It is a position which is neither Statist nor anarchist. It rejects not only the monopoly of Statism, but also the chaos which could result from anarchism in the form of people resolving in their own favor the disputes of others who have vested interest in the relevant decisions.
I believe that it is this type of autocracy which can cause anarchism to become chaotic, and that it is the aforementioned type of monopoly which decreases the number of alternatives to governance from among which individuals are free to choose; decreases them to one in all current cases. It is the lack of competition between governments within the same territory – the imposition of monopoly government by ability to use physical power to ensure the perpetuation of its own exclusive jurisdiction – which causes, and essentially is, tyranny.
Benjamin Tucker called “the patent monopoly” one of “the four monopolies”, the others being those of money, land, and tariffs. He argued that intellectual property creates scarcity where none naturally existed, and that I.P. is an unnatural monopoly. I agree that each of Tucker’s four monopolies are unnatural, but I say so only because government itself is an unnatural monopoly. How monopoly government managed to escape Tucker’s attention – as a cause of all other monopolies, at that – we may never know.
I would argue that a government monopoly could be natural and just by virtue of a government proving itself so competent, responsible, and moral that everyone who is eligible to become citizens of that government would choose to renounce citizenship of their previously chosen government in order to do so. But that’s beside the point.
Long before some government becomes able to distinguish itself from among its competitors in such  a manner, we must make it so that alternatives to jurisdictionally-exclusive governments exist in the first place. But how might a just system of intellectual property rights exist in such an environment? To determine this, we must revisit the various aspects of I.P. which we have gleaned so far, removing those aspects which would only exist under unnaturally monopolistic government.
Intellectual property in the form of copyright seems to exist as a purported contractual agreement which is made obligatory upon the reader of a copyright notice in the act of its reading. Similarly, intellectual property in the form of patent seems to exist as a purported contractual agreement which is made obligatory on one who consents to be subject to a government which makes a claim that it shall have the power and authority to secure – in the Constitution’s own words – “for limited times to authors and inventors the exclusive right to their respective writings and discoveries”.
The obligation to refrain from reproducing and / or re-appropriating a work in a manner that is not innovative or original is applied through the assistance of actors other than the originator – acting through properly-delegated authorization by the originator, who chooses such actors from among a set of competing alternatives – being that I.P. cannot be readily defended in a manner that is sufficient without such assistance.
In the presence of such competing alternative actors acting on the behalf of – and in assistance of – the originator of a work, the originator would be free to choose whichever agency he feels acts in accordance with his ethics and desires.
If he desires the freedom to sell or bequeath a patent or copyright, he can choose to have his I.P. upheld by one of the agencies which offers such options. If he desires the freedom to determine for his own purposes the duration of his patent term, he can choose to have his I.P. upheld by one of the agencies which grants him the ability to choose that duration, or he can choose from among a set of agencies which offer various predetermined patent terms.
Naturally, an originator would desire to optimize the effects of his claimed intellectual property rights. To do so, he would seek some compromise between the maximum number of people on whom an agreement to refrain from making use of his I.P. would be obligatory, and the maximum amount of restitution from those who do make use of his work. To maximize the former, the originator would choose the agency which governs the greatest number of people; to maximize the latter, he would choose the agency which applies the harshest penalties.
Whatever compromise the originator chooses, the effects would be negated – at least among people making informed decisions about who governs them – because very few people who would violate the claimed I.P. rights of others would choose to be subject to an agency which levies harsh penalties for doing so, and very few people who do not endorse I.P. to begin with would choose to be subject to an agency which governs a large number of people, many of whom are likely to have taken into account their personal views on I.P. in choosing their agency.
Effectively, pro-I.P. people would have their rights applied, but no reasonable anti-I.P. person would be penalized for violating those rights. Of course, such a system brings to mind the Bible verse from 1st Timothy “the law is made not for the righteous but for the lawless”, and leaves prevailing modern notions of ethical government and societal justice in shreds.
But it also begs the questions; are ethical government and civic societal justice anything more than the legislation of morality? Should men be held accountable to anything other than the consistency their claimed beliefs? Furthermore, can any progress be made towards reconciling opposing views on intellectual property, or on other ethical issues of contention? Additionally, what is to be done in the mean-time, before competitive government can become a reality?

What remains to be addressed is precisely how such a system would purport to resolve disputes between and amongst competing dispute-resolution organizations (or agencies, or syndicates), i.e., governments. A detailed theory on this topic can be found in Robert Murphy’s “Chaos Theory: Private Law and Private Defense”, but suffice it to say that it entails such governments ceding authority to independent courts without vested interest in resolving the disputes, making decisions in a way that can be appealed many times in perpetuity.

Any semblance of finality would emerge only through temporary trends in the types of choices made by persons in the market for government. Nothing would be set in stone, and nothing should be, because ethical trends and the sets of information which are available to people which may indicate that the truth suggests this or that course of action are ever-changing.
I would argue that such a system would provide viable avenues for individuals to attempt to influence the prevailing governmental environment in a manner that is consistent with their personal ethics; if most people support I.P., then most governments will have laws protecting I.P. rights, and if most people oppose I.P., then few governments will have laws protecting I.P. rights. If most people think a twenty-year patent term is appropriate, then most governments will apply the law relevant to that notion, and if more people believe a shorter patent term is appropriate – or that the sale or bequeathing of patents is unacceptable – then there will be alternatives available which will allow them to act upon such beliefs.
In my opinion, for the time being – until competitive government becomes a reality – the perpetuation of systematic intellectual property rights is either immoral or amoral, as is all action which is not explicitly and intentionally focused towards the abolition of monopoly government. Therefore, the only solutions available to us with regards to I.P. relate to lack of action, direct black-market action, and – to borrow a phrase from Wally Conger in describing liberalism - the “leash[ing of] the State to make it more palatable”.
Making the current Statist I.P. system more palatable, we can vote and petition the governments in such a way that may cause the decrease of the duration of patent terms and patent term extensions; the relaxation of prosecution for breaking laws against file-sharing; the decreased censorship of the internet and elsewhere; and the repeal of laws on patents, file-sharing, and censorship.
Acting directly through the black (or underground) market, we can continue sharing copyrighted material in protest. However, we should only do so judiciously, and take special consideration for the desires and needs of originators who are living as opposed to dead, who are well-off as opposed to struggling, and who earn their livelihoods by distributing materials face-to-face; for example, musicians and authors who tour more than their competitors.
Refraining from acting, we can refrain from claiming copyrights (opting instead to take Adam Kokesh’s lead by copylefting), refrain from applying for patents and patent term extensions, and encouraging others to refrain from doing the same.

Whatever set of solutions we choose, we should bear in mind that intellectual property rights is one of the most contentious – and potentially divisive – issues among the various competing schools of anarchist thought.
We should also bear in mind the distinctions between personal and private property; between natural and unnatural (or artificial, or unearned) monopoly; and between Statism, polyarchism, and anarchism.
Additionally, another distinction must be made between monopoly which is asserted through power for its own perpetuation in the form of State violence, and monopoly which is claimed by individuals in the form of exclusive rights to the product and fruits of one’s labor. While monopoly government may shape and be conducive to monopolistic intellectual property rights under the current system, a claim to an exclusive right to control what happens to one’s work is not necessarily an endorsement of monopoly government, and such a claim does not always see fruition, especially given sufficient alternatives in the market for just government.



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