Brian Micklethwait's Blog

In which I continue to seek part time employment as the ruler of the world.

Home

www.google.co.uk


Recent Comments


Monthly Archives


Most recent entries



Other Blogs I write for

Brian Micklethwait's Education Blog

CNE Competition
CNE Intellectual Property
Samizdata
Transport Blog


Blogroll

2 Blowhards
6000 Miles from Civilisation
A Decent Muesli
Adloyada
Adventures in Capitalism
Alan Little
Albion's Seedling
Alex Ross: The Rest Is Noise
Alex Singleton
AngloAustria
Another Food Blog
Antoine Clarke
Antoine Clarke's Election Watch
Armed and Dangerous
Art Of The State Blog
Biased BBC
Bishop Hill
BLDG BLOG
Bloggers Blog
Blognor Regis
Blowing Smoke
Boatang & Demetriou
Boing Boing
Boris Johnson
Brazen Careerist
Bryan Appleyard
Burning Our Money
Cafe Hayek
Cato@Liberty
Charlie's Diary
Chase me ladies, I'm in the cavalry
Chicago Boyz
China Law Blog
Cicero's Songs
City Comforts
Civilian Gun Self-Defense Blog
Clay Shirky
Climate Resistance
Climate Skeptic
Coffee & Complexity
Coffee House
Communities Dominate Brands
Confused of Calcutta
Conservative Party Reptile
Contra Niche
Contrary Brin
Counting Cats in Zanzibar
Скрипучая беседка
CrozierVision
Dave Barry
Davids Medienkritik
David Thompson
Deleted by tomorrow
deputydog
diamond geezer
Dilbert.Blog
Dizzy Thinks
Dodgeblogium
Don't Hold Your Breath
Douglas Carswell Blog
dropsafe
Dr Robert Lefever
Dr. Weevil
ecomyths
engadget
Englands Freedome, Souldiers Rights
English Cut
English Russia
EU Referendum
Ezra Levant
Everything I Say is Right
Fat Man on a Keyboard
Ferraris for all
Flickr blog
Freeborn John
Freedom and Whisky
From The Barrel of a Gun
ft.com/maverecon
Fugitive Ink
Future Perfect
FuturePundit
Gaping Void
Garnerblog
Gates of Vienna
Gizmodo
Global Warming Politics
Greg Mankiw's Blog
Guido Fawkes' blog
HE&OS
Here Comes Everybody
Hit & Run
House of Dumb
Iain Dale's Diary
Ideas
Idiot Toys
IMAO
Indexed
India Uncut
Instapundit
Intermezzo
Jackie Danicki
James Delingpole
James Fallows
Jeffrey Archer's Official Blog
Jessica Duchen's classical music blog
Jihad Watch
Joanne Jacobs
Johan Norberg
John Redwood
Jonathan's Photoblog
Kristine Lowe
Laissez Faire Books
Languagehat
Last of the Few
Lessig Blog
Libertarian Alliance: Blog
Liberty Alone
Liberty Dad - a World Without Dictators
Lib on the United Kingdom
Little Man, What Now?
listen missy
Loic Le Meur Blog
L'Ombre de l'Olivier
London Daily Photo
Londonist
Mad Housewife
Mangan's Miscellany
Marginal Revolution
Mark Wadsworth
Media Influencer
Melanie Phillips
Metamagician and the Hellfire Club
Michael Jennings
Michael J. Totten's Middle East Journal
Mick Hartley
More Than Mind Games
mr eugenides
Mutualist Blog: Free Market Anti-Capitalism
My Boyfriend Is A Twat
My Other Stuff
Natalie Solent
Nation of Shopkeepers
Neatorama
neo-neocon
Never Trust a Hippy
NO2ID NewsBlog
Non Diet Weight Loss
Normblog
Nurses for Reform blog
Obnoxio The Clown
Oddity Central
Oliver Kamm
On an Overgrown Path
One Man & His Blog
Owlthoughts of a peripatetic pedant
Oxford Libertarian Society /blog
Patri's Peripatetic Peregrinations
phosita
Picking Losers
Pigeon Blog
Police Inspector Blog
PooterGeek
Power Line
Private Sector Development blog
Public Interest.co.uk
Publius Pundit
Quotulatiousness
Rachel Lucas
RealClimate
Remember I'm the Bloody Architect
Rob's Blog
Sandow
Scrappleface
Setting The World To Rights
Shane Greer
Shanghaiist
SimonHewittJones.com The Violin Blog
Sinclair's Musings
Slipped Disc
Sky Watching My World
Social Affairs Unit
Squander Two Blog
Stephen Fry
Stuff White People Like
Stumbling and Mumbling
Style Bubble
Sunset Gun
Survival Arts
Susan Hill
Teblog
Techdirt
Technology Liberation Front
The Adam Smith Institute Blog
The Agitator
The AntRant
The Becker-Posner Blog
The Belgravia Dispatch
The Belmont Club
The Big Blog Company
The Big Picture
the blog of dave cole
The Corridor of Uncertainty (a Cricket blog)
The Croydonian
The Daily Ablution
The Devil's Advocate
The Devil's Kitchen
The Dissident Frogman
The Distributed Republic
The Early Days of a Better Nation
The Examined Life
The Filter^
The Fly Bottle
The Freeway to Serfdom
The Future of Music
The Futurist
The Happiness Project
The Jarndyce Blog
The London Fog
The Long Tail
The Lumber Room
The Online Photographer
The Only Winning Move
The Policeman's Blog
The Road to Surfdom
The Sharpener
The Speculist
The Surfer
The Wedding Photography Blog
The Welfare State We're In
things magazine
TigerHawk
Tim Blair
Tim Harford
Tim Worstall
tomgpalmer.com
tompeters!
Transterrestrial Musings
UK Commentators - Laban Tall's Blog
UK Libertarian Party
Unqualified Offerings
Violins and Starships
Virginia Postrel
Vodkapundit
WebUrbanist
we make money not art
What Do I Know?
What's Up With That?
Where the grass is greener
White Sun of the Desert
Why Evolution Is True
Your Freedom and Ours


Websites


Mainstream Media

BBC
Guardian
Economist
Independent
MSNBC
Telegraph
The Sun
This is London
Times


Syndicate

RSS 1.0
RSS 2.0
Atom
Feedburner
Podcasts


Categories

Advertising
Africa
Anglosphere
Architecture
Art
Asia
Atheism
Australasia
Billion Monkeys
Bits from books
Bloggers and blogging
Books
Brian Micklethwait podcasts
Brians
Bridges
Business
Career counselling
Cartoons
Cats and kittens
China
Civil liberties
Classical music
Comedy
Comments
Computer graphics
Cranes
Crime
Current events
Democracy
Design
Digital photographers
Drones
Economics
Education
Emmanuel Todd
Environment
Europe
Expression Engine
Family
Food and drink
France
Friends
Getting old
Globalisation
Healthcare
History
How the mind works
India
Intellectual property
Japan
Kevin Dowd
Language
Latin America
Law
Libertarianism
Links
Literature
London
Media and journalism
Middle East and Islam
Movies
Music
My blog ruins
My photographs
Open Source
Opera
Other creatures
Painting
Photography
Podcasting
Poetry
Politics
Pop music
Propaganda
Quote unquote
Radio
Religion
Roof clutter
Russia
Scaffolding
Science
Science fiction
Sculpture
Signs and notices
Social Media
Society
Software
South America
Space
Sport
Technology
Television
The internet
The Micklethwait Clock
Theatre
This and that
This blog
Transport
Travel
USA
Video
War


Friday October 20 2006

Every week I now write (for money, you understand) a bit for this blog, about intellectual property.  And every week I struggle to make sense of it all.  Usually I fail.  Thank goodness for links.  At least I am able to include worthwhile things, in the form of links to worthwhile things, in my bloggage.  It was like that last night, when I agonisedly concocted my latest concoction, in which I actually made confusion the basis of my posting.  I will link to this from this when it’s up.

How I miss the days when arguing about property meant choosing between the economically progressive and the economically cretinous, between the creative and the destructive, between freedom and tyranny, between, to be blunt about it, good and evil.  The economics I was taught at university all hinged on the scarcity of goods and services.  But in the age of instant copying, nothing copyable is scarce any more and the clear distinctions between what is obviously right and obviously stupid disappear.  Or, they do for me.

One day, they will invent a three dimensional copier.  You will fill a thing like a microwave oven with magic toner powder (or in the case of bigger objects a thing like a fridge or a thing like a room or a thing like a giant warehouse), and then press COPY.  And out will come a chocolate bar, or a piece of sculpture, or a jar of mango chutney (or a car or a airplane or a spaceship).  They’ll start with sculpture, because making something look like chocolate will be a whole lot easier than making something taste like chocolate.  Then small spare parts for machines.  But eventually: everything.  Beam me up, Scotty.

At which point, arguments about everything will become like arguments about intellectual property now.

Any comments (comments here have been good lately - thanks everybody) about intellectual property, copyright, patents, etc., will be most welcome.  They are bound to be more coherent than my collected ramblings on the subject.

Feel free to copy all this onto your blog if you think it’s good, putting your name at the bottom of it.  Or then again, if you do that, I might sue you, you thieving bastard.  Who can say?

Brian,

I’m not sure this is the clearest way to think about things.

At a fundamental level, almost everything is copyable already. You can produce a chocolate bar that tastes identical to a Cadbury’s special. You can create a sculpture of identical cut to Rodin’s.

The 3D photocopiers of today are large, sophisticated factories. Take your shirt to a Chinese factory and tell them you want 5,000 copies. You’ll get them.

Now, is this any different to a 3D photocopier? Not really. After all, this device you propose would need raw materials, would it not? So basically, the 3d photocopier would be a highly efficient and automated mini-factory. But a factory, requiring inputs, nonetheless.

So if your 3D photocopier is a factory, the debate hasn’t really progressed much.

After all, in the current world you can ‘clone’ a CD, or a DVD, given the right factory and the right raw materials. The technical ability exists.

The legal ability is the other side of the coin. Should you be /allowed/ to clone said products?

This legal question on intellectual property wouldn’t change before or after the invention of a 3D copier. Consider:

1) [Today] You can create an exact copy of a CD, including packaging, in Pakistan, where pirate factories are very highly developed. Yet you do not have the intellectual property rights to do this.

2) [Tomorrow] You can use your 3D photocopier to clone great works of art, but you do not have the intellectual property rights to do so.

In fact, this situation has been around since the 2D photocopier:

3) [Yesterday] You can photocopy the Atkins diet pamphlets to clone them. You do not have the IP rights to do so.

So a 3D copier (or super-factory) would change nothing on IP.

Would the 3D copier change anything about scarcity? Perhaps. It would make IP more valuable an asset… until somebody came along and abolished IP. Then? Scarcity would only apply to the raw materials of creation, the land to put your photocopier on and the power to run the photocopier…

Posted by Ross Parker on 20 October 2006

Ross

Thanks for all that.

My reason for talking about a 3D printer is that what has made the existing IP problems of big companies so very, very arkward has not been the mere fact of copyability, but the extreme ease and cheepness with which so many, many people can now do it.  You can set your lawyers on a big factory.  It is much harder to arrest an entire generation of teenagers, and even if you could do this, where would it get you, from the business point of view?

And that isn’t even to mention the straight copying of CDs.

In a way, all this cheap copying is already “abolishing IP”.

I still buy my music by buying new and second-hand CDs.  Primitive I know, but there you go, I like them, and I like the exercise involved in buying them, what with me doing my actual work at home.

But part of why I persist with CDs is that they are now being radically yanked down in price, presumably partly by internet availability of exact copies or sufficiently entertaining substitutes to suffice, and by CD copying.

I strolled round Virgin Piccadilly’s classical CD department the other day, and the pretence that a “full price” CD, of a nearly new recording, will actually cost you the full price has been, at any rate there, all but abandoned.

Later last week I browsed through some box sets of old pop music, by people like Cow Cow Davenport (I just love that name), costing £1 per CD.  I remember when blank CDs cost that much.

This didn’t happen when CDs first became copyable in big factories.  It happened, surely, because CDs can now be copied in my kitchen, and music downloaded to my kitchen via the internet.

Plus: how many books have you actually ever photocopied?  Right through?  Your otherwise obtainable working wage has to be very low for that to be worth your time, unless the book is otherwise unavailable to you.  To say nothing of the godawful inconvenience, compared to a book, of a photocopy of a book.

The relevance of all this to the legal side of things is that property rights which simply cannot be enforced without ruinously expensive state action are, I think, a real problem, in principle as well as just “in practice”.

Posted by Brian Micklethwait on 20 October 2006

Bollocks.  I just wrote a CNE IP posting, for nothing!

Posted by Brian Micklethwait on 20 October 2006
Commenting is not available in this weblog entry.