Intellectual Property

Down yonder, a reader writes regarding Thomas Sowell’s point that prices reflect the collective values placed by individuals on limited resources that they are competing for in the marketplace (e.g., beach-front homes):

What would he [Sowell] say about that view of pricing for things that have no limited supply—e.g., usage of intellectual property?

Unfortunately, he doesn’t seem to treat intellectual property in this book. At least "copyright" and "intellectual property" aren’t listed in the index (though he may have comments about them somewhere).

Fortunately, there is a sequel (Applied Economics), which I’m going to read afterward. He might deal with it there.

Also fortunately, I already have thoughts about this subject. As (a) information exchange is how I make my living and (b) part of my income is royalties and (c) our age presents people with the technological means to easily violate copyright law, I’ve thought though this particular area of economics in more detail than most.

It also seems that there is a limit to the supply of intellectual property. In fact, there are two limits. The first is the limited number of copies of a piece of intellectual property that are actually in existence at any one moment. This is a finite number. If I show up at Best Buy on the day that the special edition of Return of the King is released later this month and the store is already sold out, I’ll be very annoyed (which is why I plan to go during lunch).

It’s true that technology makes it very easy to make new copies of works of intellectual property, and via the Internet one can make a new copy for very little expense. For example, I just started a trial subscription to the audiobook service Audible.Com, where you pay for a work and then download a copy onto your hard drive, which means making a new copy that didn’t exist before (and that is also burnable to CD).

Technology may be making it increasingly trivial to expand the finite number of copies of a single work of intellectual property that exist at any given moment, but the effort required to do so is not zero. It still takes electricity, hardware, and plastic to get a CD copy of an audio book off the Internet, and those items have costs (both in the sense of prices and in the sense of not being able to devote those resources to a different use after committing them to this one).

The greater limiting factor on works of intellectual property, though, is the one that copyright laws are designed to encourage: the creations of such works. There are a limited number of such works created. Nobody has an infinite number of monkeys with typewriters, so we have to rely on the ingenuity of humans to write our stories and novels and textbooks and articles for us (and that’s just in the medium of print; our movies and TV shows also have to get made and our songs recorded).

People will do a lot less of this if they aren’t paid for it. If someone can’t make a living as a writer, he won’t do it full time, and he may not do it at all. If you want someone to make up a story for you every week on your favorite TV show or write a book about a subject you’re interested in, he needs to be compensated for his time in doing so.

Copyright laws, by giving the creators of a work the right to control the copies that are made of it so that they can make money off these copies, enables creators to earn a living by what they do, and so society is enriched by having more stories and more novels and more textbooks and more articles (as well as more movies, TV shows, and songs) than would exist if creators didn’t get paid for their work.

Works of intellectual property are thus resources, just as all other works are. If you don’t pay people to produce them, they won’t be produced (not in anything like the same numbers, anyway). If you want someone to dig copper out of a mine, you have to pay him, and if you want someone to dig a story out of his brain, you have to pay him as well. Copyright is the mechanism that ensures this happens on a frequent and professional basis rather than on an infrequent and hobbyist basis.

That doesn’t mean that all copyright law is good law. I, personally, am opposed to several provisions of current copyright law. I think the fines for violating it are too high. I think the term of copyrights are now too long (corporations should not be able to keep things out of the public domain indefinitely). And I fear that our copyright law is headed in the wrong direction, which is why I recently blogged about a law that would threaten the institution of "fair use" under copyright law.

But the fundamental principle of copyright law is sound. Indeed, it applies directly to me and the work I do. If I couldn’t get paid for doing apologetics, I’d do a lot less of it.

I’d have to.

I’m not Bruce Wayne. I’m not a dilettante millionaire, so I’d have to be making a living in something other than apologetics, applying my brain and/or brawn to some other field in an effort to make the bread needed to buy the meat needed to keep body and soul together. Apologetics would be something I’d only be able to do (at most) on a part-time, after-hours basis.

Copyright law thus has a natural law basis in that it provides for the overall enrichment of society by the creation of new intellectual works. That natural law basis means that we aren’t morally free to ignore it.

As to the pricing of works of intellectual property, it seems to me that as a matter of course market forces are the best mechanism to determine this, just as they are the best mechanism to determine the price of thigns in general. If someone can come up with a story that is exciting enough that people will pay $10 each to read it then he ought to be able to charge that much for it. And if someone else comes up with a story that peolple think is cool enough that they’re willing to pay $50 each to read it then that extra-cool storyteller ought to be able to charge that much for it.

If, on the other hand, the storyteller thinks that he’s got a $50 story and people think it’s really only a $10 story then he’ll find out that he needs to lower the price in a hurry.

I don’t know what besides market forces could fairly determine the price of individual stories. Governments can’t even figure out the market value of tangible goods. I don’t know how they would determine the appropriate price of intangibles like intellectual property works.

And, as with tangible goods, setting price controls on intellectual property works would have a devastating effect. If, for example, the government set a max cap of $20 for a story then nobody (or almost nobody) would write $50 stories anymore. On the other hand, if they set a minimum floor of $20 per story then people would start cranking out tons of $5 stories since they no longer had to work as hard to get a $20 sale.

A new round of bad effects once the public learned that the quality of the stories was going down, but I’ll leave those to your imagination. You get the point.

Intellectual property works are thus not so different than beach-front houses. If the market will result in people getting well paid for building beach-front houses, they’ll build more of them. And if it results in people getting well paid for writing books, they’ll write more of them. In both cases, the price isn’t simply a barrier to you getting what you want. It’s an rationing mechanism for the limited copies of something that exist. In the case of beach-front houses there is a sharper limit on how many of these there can be (due to a limited amount of developable beach space), and in the case of books there is a limit on how many unpaid copies there can be before the paying market is undermined and writing becomes unprofitable and authors stop doing it.

Sunday Photo Caption

Philipthearab

[SOURCE.]

NOTE: This is actually a giant stone head from a statue of the Roman Emperor Marcus Julius Philippus–a.k.a., Philip the Arab–who ruled in the mid 200s. The head dates from his time and was recently (this October) found in a shipwreck off Corsica. Philip had a policy of toleration toward Christians and was said by some (including Eusebius) to have been the first Christian emperor (perhaps secretly? SEE HERE FOR MORE INFO).

Still, that’s no reason we can’t make fun of this picture!

Starting captions:

1) Easter Island’s Realist Phase

2) Stone Man Buried In Sand By Stone Children

3) World’s Biggest Bookend

Sunday Wisdom From Sowell

Since it’s Sunday, I thought I’d give a little example from Thomas Sowell’s book Basic Economics that deals with religion.

This entry also might be called "Market Ecumenism" or "How the Market Promotes Not-Killing-Each-Other-Over-Religious-Differences."

After explaining that the purchase prices different groups are willing to pay for limited goods and services competitively determines the prices of those services, the Master writes:

Most people may be unaware that they are competing [against other purchasers when they buy an item or hire a worker] and simply see themselves as deciding how much of various things to buy at whatever prices they find, but scarcity [of goods and services] ensures that they are competing with others, even if they are conscious only of weighing their own purchasing decisions against the amount of money they have available.

One of the incidental benefits of competing and sharing through prices is that different people are not as likely ot think of themselves as rivals, nor to develop the kinds of hostility that rivalry can breed. For exmaple, much the same labor and construction material needed to build a Protestant church could be used to build a Catholic church. But, if a Protestant congregation is raising money to build a church for themselves, they are likely to be preoccupied with how much money they can raise and how much is needed for the kind of church they want. Construction prices may cause them to scale back some of their more elaborate plans, in order to fit within the limits of what they can afford. But they are unlikely to blame Catholics, even though the competition of Catholics for the same construction mateirals makes their prices higher than otherwise.

If, instead, the government were in the business of building churches and presenting them to different religious groups, Protestans and Catholics would be explicit rivals for this largess and neither would have any financial incentive to cut back on their building plans to accomodate the other. Instead, each would have an incentive to make the case, as strongly as possible, for the full extent of their desires and to resent any suggestion that they scale back their plans. The inherent scarcity of materials and labor would still limit what could be built, but the limit would now be imposed politically and would be seen by each as due to the rivalry of the other. The Constitution of the United States of course prevents the American government form building churches for religious groups, no doubt in order to prevent just such political rivalries and the bitterness, and sometimes bloodshed, to which such rivalries have led in other countries.

The same economic principle, however, applies to groups that are not based on religion but on ethnicity, geographical regions, or age brackets. All are inherently competing for the same resources, simply because these resources are scarce. However, competing indirectly by having to keep your demands within the limits of your own pocketbook is very different from seeing your desires for government benefits thwarted by the rival claims of some other group. Market rationing limits the amount of your claims on the output of others to what your own produtivity has created, while political rationing limits your claims by the competing claims and clout of others (pp. 54-55).

Thomas Sowell Is Now Telling Me What To Think

. . . by which I mean that I’m reading his book Basic Economics. (Thanks to those who recommended additional books; I’ll check ’em out!)

Sowell’s book is very good. Quite easy to read (just like his columns). In fact, it’s designed to be able to be read by high school students. He even has a set of study questions in the back for homeschoolers to use with their kids.

I’m impressed enough with the book that if I had any homeschool high schoolers, I would set them to reading the book immediately. Having a basic understanding of economics is something that (a) virtually all young people lack and that (b) will serve them very well in life.

Homeschoolers: THIS BOOK WILL GIVE YOUR KIDS A COMPETITIVE EDGE OVER OTHER YOUNG PEOPLE AS THEY MOVE OUT INTO THE WORLD OF WORK.

It is also likely to help solidify them conservatively so they don’t flirt with braindead liberal economic policies that will hurt both them and society in the long run.

And, of course, having more voters out in society who understand economics is a boon to society as a whole that will make things better for everyone in the long run.

Now, there are occasionally a few big words in Sowell’s writing–words that I wouldn’t have known when I was in high school–but then I went to a public high school (or, as I referred to it at the time, a sucking vortex of madness and pain), and homeschoolers either will already know these terms or will know how to look them up in a magical book known as a "dictionary."

But what momentary discomfort there may be at encountering an occasional twenty-five cent word will be more than made up for (a) by the increased knowledge of economics that the kid will have and (b) the fact that he will now know the twenty-five cent word.

But beyond that, Sowell is just entertaining and easy to read. If you’ve looked at some of his columns that I’ve linked, you already know that. In his book, his style is much the same, and he illustrates his economic principles with countless interesting examples from all over the world and all through history.

Parents (and non-parents) should read this book, too. He is startlingly clear about things and puts many in a perspective that cuts through the typical rhetoric we often have economic issues wrapped in by politicians and pundits eager to advance their own causes. He even cuts through the illusions that we ourselves tend to have.

Consider:

Many people see prices as simply obstacles to their getting the things they want. Those who would like to live in a beach-front home, for example, may abandon such plans when they discover how expensive beach-front property is. But high prices are not the reason we cannot all live on the beach front. On the contrary, the inherent reality is that there are not nearly enough beach-front homes to go around and prices simply convey that underlying reality. When many people bid for a relatively few homes, those homes become very expensive because of limited supply. But it is not the prices that cause the scarcity, which would exist whatever other economic or social arrangements might be used inestead of prices (p. 7-8).

See? Bet you, like me, have often perceived prices as the barrier between you and getting what you want. But that’s too short-term a view. The real reason is that there is a limited supply of what you want and other people want it, too. In a free market, prices simply the mechanism by which you and others figure out how much value you are going to place on getting the thing you want.

If people start valuing something less, prices drop. You can see this at work on Amazon. The books that are newly out and all the rage right now are expensive. But if you look at books there were all the rage a few years ago, you can now get them dirt cheap (like for a penny plus shipping costs) on Amazon’s used book service. This is the case with a bunch of the diet and nutrition books there. The ones that everyone’s talking about this year are expensive, but the good ones that are a few years old (like Atkins’ books) are now incredibly cheap. Less demand, lower prices (and bargain-hunter’s paradise: the obvious strategy being to wait until the "fad" factor has worn off a particular book and you can get it for a song).

I’m going to be keeping Sowell’s book right next to my copy of The Rules of Acquisition.

Now if I could just get Borg implants so Sowell could tell me what to think via direct neural interface.

GET SOWELL’S BOOK.

John the Baptist . . . Born Without Original Sin?

A reader writes:

Hello Jimmy

I heard this for the first time last night and do not know the answer.


I was told that the Catholic Church teaches that John the Baptist was Born without original sin, is this the teaching of the church if so can you please explain why.

This is not something that the Catholic Church teaches, but it is what may be called a pious and probable belief among Catholics.

The reason is that in Luke 1:13-15, when an angel prophecies the birth of John the Baptist, he says:

Do not be afraid, Zechari’ah, for your
prayer is heard, and your wife Elizabeth will bear you a son, and you
shall call his name John.
And you will have joy and gladness, and many will rejoice at his birth;
for he will be great before the Lord,and he shall drink no wine nor strong drink, and he will be filled with the Holy Spirit, even from his mother’s womb.

It is commonly understood that the Holy Spirit does not fill those who are still in a state of original sin. As Catholics use the term, "original sin" refers to the privation of the sanctifying grace which unites us with God. A soul filled with the Holy Spirit seems unquestionably to be united with God and thus not deprived of sanctifying grace. Hence, it has not original sin as the term is commonly used among Catholics, just as every person who has been baptized or otherwise justified has not original sin as Catholics use the term.

(N.B., Protestants have a different and more expansive definition of the term "original sin," which includes the corrupt nature we inherit from Adam and which remains with us after we are justified. Consequently, it would sound very improbable to them that any person in this life does not have original sin, but this is because of the way the term is used in their circles, not because of a substantive theological difference.)

(N.B.B., If it is granted that John the Baptist was freed from original sin before birth, it does not follow that he was immaculate, as was the Blessed Virgin Mary. This is firstly because he may have been freed of original sin after his conception and before birth, whereas Mary was preserved from her conception from contracting original sin. And it secondly is because Mary was not only free of original sin, as is posited in the case of John the Baptist, but also utterly free of the stain of original sin, which includes more than just the deprivation of sanctifying grace. It also includes, for example, the later tendency to sin–concupiscience–to which we are subject in this life.)

The J-Files

Let’s continue the cross-linking of my apologetics work from the Catholic Answers web site.

As most of y’all know, we publish a magazine called This Rock.

<hypnotism> SUBSCRIBE TO IT. . . . SUBSCRIBE TO IT . . . </hypnotism>

We also post it online, but delayed by several months so you still have to

<hypnotism> SUBSCRIBE TO IT. . . . SUBSCRIBE TO IT . . . </hypnotism>

The most recent two issues we have online are the July/August 2004 and the September 2004 issue. We publish monthly except for May/June and July/August, so you get ten issues a year when you

<hypnotism> SUBSCRIBE TO IT. . . . SUBSCRIBE TO IT . . . </hypnotism>

Okay, enough of that gag.

Here’s the deal: Each month I publish a column in This Rock, and my column is called "Brass Tacks" (which is Cockney rhyming-slang for "facts" or, in some sources, "hard facts"–which is what I try to deliver in the column). I also sometimes write feature stories.

In the two most recent issues that are online, my columns form a pair.

In the first issue I talk about WHY CATHOLIC APOLOGISTS NEED TO LEARN MORE LANGUAGES, PARTICULARLY THE BIBLICAL ONES (AND HOW IT’S EASIER THAN YOU THINK).

In the second issue I follow up by MAKING RECOMMENDATIONS FOR LANGUAGE-LEARNING RESOURCES AND REFERENCE WORKS–a subject I am often asked about here on the blog.

In fact, you may notice a suspicious similarity between the second article and certain previous things I’ve written on the blog. Yes, it’s true. Sometimes I get behind the eight ball on a deadline and will cannibalizeadapt things I’ve written elsewhere . . . all in a quest to deliver timely and quality material, of course! In this case the second article was a logical and much-needed follow-on to the first.

I normally don’t have a feature story in This Rock, but it so happens that in the July/August issue, I do.

It’s called THE LOSS OF MASCULINE SPIRITUALITY.

This article deals not only with gender relations and how they are rooted in human nature but also the impact of gender on spirituality and the negative consequences that can ensue when a church places an over-emphasis on either "masculine" or "feminine" spirituality. God made the masculine and the feminine mutually interdependent in humans biologically, and they are both equally necessary in us spiritually, as well.

Unfortunately, I diagnose the present situation of the Catholic Church as involving an under-emphasis on "masculine" spirituality, which results in some of the problems we have in the Church today. I call for a renewal of this mode of spirituality to compliment the "feminine" spirituality that we presently have (and will always need) in abundance.

For what it’s worth, when this article came out many people locked on to it as an article of particular significance, and I got requests for electronic copies of it as well as requests for notification of when it was online.

Now I’m fulfilling the latter.

I am very particular about fulfilling my commitments. 🙂

Have fun reading . . .

THE J-FILES.

Thomas Sowell, Tell Me What To Think . . . !

. . . ABOUT THIS ARTICLE ON "THE END OF THE AGE OF INFLATION."

In it, the author (Robert Samuelson) argues that the main powerhouse driving the economy in the last number of years was not the economic and tax policies of different administrations that were often touted, nor simply the effect of technology and the Internet, but the end of the era of double-digit inflation that we experienced in times past.

According to Samuelson, it was inflation that posed the greatest risk to the economy and that caused the recessions that used to plague America with far more frequency than they do now.

Unfortunately, the end of the era of inflation means that we can’t expect the economy to grow at such a rate in the future and that nobody knows that the shape of the future economy will be.

Even more unfortunately, I don’t know enough about economics to evaluate what Samuelson says.

That’s why I’d like Thomas Sowell to do one of his neat-o, spiffy columns on it.

But . . .

That’s not overly likely to happen, a realization which caused me to finally break down and buy Sowell’s book Basic Economics (reputed to be one of the easiest-to-read introductions out there).

Maybe when I’m done I’ll know enough to have an opinion about what Samuelson says.

A Few Words From Mark Brumley

I haven’t yet had Mark Brumley as a guest blogger here, though he’s more than welcome to serve as one any time he likes. As I’ve said before, Mark is one of the best of the best in the apologetics world. Unfortunately, his duties as president of Ignatius Press often keep him from doing as much apologetics (and as much blogging) as he’d like.

But yesterday (along with a bunch of other folks) I got an e-mail from him announcing a couple of recent Ignatius titles that are worth y’all’s consideration, so perhaps by reprinting his e-mail here it can serve as a faux blog entry for him. Here goes:

Friends,

Theology students, apologetics enthusiasts, and others interested in
theology often ask me, “What’s a good book on Tradition?”

Tradition is one of those ideas that people often get muddled—including
many apologists. In part that’s
because there are so many different meanings to the word.

Apologists commonly (and rightly) distinguish between what is often
called “capital ‘T’ Tradition” and “lower case ‘t’ tradition”, the former being
divine and the latter human. That distinction is helpful, but not
sufficient. There’s a lot more to
the theological notion of Tradition (and tradition).

Probably the best, relatively short work on the subject is Yves Congar’s
The
Meaning of Tradition
. This is
an accessible, more coherent presentation of the material Congar put together
in his massive two-volume work, Tradition
and Traditions
.

Ignatius Press has just re-published Congar’s classic volume, I am
delighted to report.

Cardinal Avery Dulles’ insightful Foreword to the new Ignatius Press
edition is now available online at IgnatiusInsight.com:
http://www.ignatiusinsight.com/features/carddulles_foreword_dec04.asp.

Check it out and please help spread the word to apologists and others
who are interested in the subject.

And—at the risk of sounding like Columbo—just one more thing:

Ignatius Press has also recently published Louis Bouyer’s The
Word, Church, and Sacraments in Protestantism and Catholicism
. There is no other book in English in
print today that so succinctly explains in a friendly way the key differences
between Protestants and Catholics on these subjects. Bouyer shows how many Catholics and Protestants
misunderstand Catholic teaching about the Bible, the authority of the Church,
and the Sacraments.

Every theology student and apologist who participates in
Catholic/Protestant discussions on these subjects needs to read this book. Bouyer is lucid, and he is fair to both
sides of the discussion, even though he is himself a convert from Protestantism. You get neither pabulum nor polemics,
but a patient exposition of the subject. Bouyer is a master.

I can’t recommend these books highly enough.

Mark

P.S. I hate to sound like a commercial here, but I don’t know what else
to do. These are great books.