2013-05-30

Haves and have-nots III

First of all, the disclaimer: though I find property rights questionable in general, I am not naive enough to think that we're going to eliminate them in one fell swoop. I'm not sure this would be either good nor productive in the long run. What we need to do, however, is wean ourselves off of them. But, we've got to start soon and we've got to get serious about it.

There was a time -- in my lifetime, in fact -- when you could register a copyright for your artistic and scientific productions. It lasted less than 20 years and it could be renewed, for a slightly shorter term, just once. After that, the work entered the public domain, it became the common property of all. Patents, which apparently have greater economic potential were also protected for a brief period of time (currently 20 years) so that the owner has the opportunity to reap the benefits of his or her thoughts, or so the theory goes. Now, copyrights, depending on country can last for up to 100 years after then death of the copyright holder. This makes no sense anymore.

Even under the less restrictive version of copyright, legal contention is about to cause severe damage. There are miles and miles of celluloid film in the "archives" in Hollywood, none of which can be digitized because there is no way to clarify who holds the copyrights on parts of those productions. Yes, they were produced with less regard for those property rights we all hold so sacred, and now they lie in legal limbo awaiting their own demise. The film itself is degrading and will soon turn to dust. Some classic, excellent cinema will be lost forever soon, because the alleged rights to property of some individuals prohibit their preservation. It would take a mere stroke of the pen to save it, but we've escalated property rights to such a height even doing a good deed, such as preserving a piece of artistic history, would have ramifications that would shake the foundations of our economy.

The greatest good for the greatest number was the utilitarian mantra, and as weak an ethical argument as it is, it is still more productive and more beneficial than the sacredness of property. We have made property rights much more valuable than any other rights that we have (or thought we had). Those unalienable rights that the Declaration of Independence so proudly declared -- life, liberty, and the pursuit of happiness -- are apparently only inalienable if no property is involved.

This is the consequence of the Citizens United decision, it is what allows banking criminals to go unpunished while those in need are scorned and further oppressed, it is what lies at the root of the utterly ridiculous discussion about tax rates, it's what encourages the offshoring of profits, it what justifies environmental destruction in the name of dirty energy, it permits the persecution of children for naive ignorance, it is what ultimately destroys our entire society so that certain select individuals can have more.

It leads to the utter absurdity that what we have is much more important than who we are.

It is shameful, to be sure, and I'm ashamed that we are not more ashamed.

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