Some thoughts on copyright, entitlement, and zero opportunity cost

One of our neighbors keeps trying to steal cable television.

We know this because our neighbor isn’t terribly good at electronics or even the most basic principles of electrical cabling. Our cable modem service keeps going out; last week, while I was visiting figmentj, it went out for three days (leaving my roommate David, whose car still hasn’t been replaced since it was totaled a couple months back by an unlicensed driver, without transportation or World of Warcraft).

The technical guy sent out by Comcast discovered that the main cable junction box feeding our apartment complex had been pried open, and the miscreant, in his clumsy and ham-handed efforts to steal cable, had made a right proper mess of the cable connections. Our cable connection had been cut entirely, and a much of the rest of the junction box had been screwed up as well.

Last night, just at the start of a boss fight in Heroic Pinnacle (that doesn’t mean much to you if you don’t play World of Warcraft, so substitute “a difficult situation where other players were counting on me”), it went out again. David ran outside to try to catch the miscreant, and discovered that the junction box had been pried open again and cables were strewn all over the place.

That’s not what this post is about. That’s just the back story.


This post is actually about intellectual property and opportunity cost. Now, before I get into a full-on rant here, I want to disclose something up front: I have a horse in this race. This is an issue that matters to me because I am a creator of work that is often taken without my permission, something I’ll get into in a bit. This is not an abstract thing for me; it’s something that affects me personally. If it sounds like I’m taking the issue of intellectual property personally, it’s because I am.

We live in a society that is very hostile to the idea of intellectual property. People tend, by and large, to think very little of stealing content; in fact, entire social systems have grown up around it. We are, by and large, okay with bootleg software, illegally downloaded music, and all manner of disregard for the intellectual property of others, in ways that would horrify us if they were applied to physical property.

This stems, I think, in no small part from the fact that we are as a society hostile to intellectual pursuits in general. It’s pretty tough not to notice that US culture today is steeped in anti-intellectualism; an anti-intellectualism so virulent that many folks won’t vote for a political candidate if he’s perceived to be too intelligent or too well-spoken. It’s not surprising that a society that thinks so little of intellectual endeavor should think so little of the products of that endeavor.

In fact, I’ve even heard people argue that intellectual property as a concept should not exist at all. In a strange throwback to Communist ideals, I’ve heard it argued that if a person dedicates twenty years of his life and his entire fortune to the development of a new idea or the invention of a new gadget, his knowledge and the fruits of his labor should be available freely to all, so that anyone who wants to make knockoffs of his invention or who wants to sell the results of his idea should be free to do so without giving anything back to the person who worked so hard to develop it.

I think that’s fucked up beyond all measure, frankly.


Now, granted, not everyone takes that extreme a view to the notion of ownership of the results of one’s cognitive labors. A much more common argument in favor of intellectual theft is the “zero opportunity cost” argument.

This argument goes something like: “Well, there was no way I was going to buy Photoshop. If I steal a copy of Photoshop, Adobe has not lost anything, because I was never going to buy it to begin with. Because Adobe has not really lost anything, no harm has been done, and it’s OK for me to pirate it.”

Same for copying music, stealing cable, or sneaking into the movie theater; “I wasn’t going to pay for those things anyway, so it’s not like they have lost any sales. They’re not losing anything, so it’s OK for me to do this.”

It’s a bullshit argument, front to back. The opportunity cost is rarely truly zero.

My neighbor is a great example. In his attempt to steal cable, he has damaged property not belonging to him, he has interrupted a service that I’m paying for, and he has made Comcast send out repair technicians twice now. (Tomorrow will be a third time; they’re replacing the entire enclosure around the cable junction box, because in prying it open he damaged it beyond repair, and the junctions inside are now getting rained on.)

It’s a bullshit argument even if the piracy doesn’t involve crowbars to someone else’s property, though. Take Photoshop (or don’t, please!). Most of the folks who pirate it are not professionals; they don’t do print production for a living. That means they don’t use, or even know about, anything even close to 90% of its capability; they have no need of a $700 image editing program, and there’s no question that Adobe is not out $700 for everyone who steals Photoshop.

What these pirates need is a $49 image editing program; and that’s a $49 image editing program they’re not going to buy because they stole Photoshop.

And hell, there’s a free image editing program called The GIMP that they can have for nothing, legally! It’s not Photoshop and it can’t do everything Photoshop can do, but the folks stealing Photoshop don’t need everything Photoshop can do.


But that’s not even the most important reason the argument from opportunity cost is bullshit. The argument from opportunity cost is bullshit because it rests on a sense of entitlement. Bluntly, you don’t have the right to benefit from someone else’s work without paying that person, even if you would rather go without than pay.

People steal intellectual property and people steal services because they want the benefit. They see benefit in owning Photoshop or having cable TV. Having these things makes their lives better in some way. And they feel entitled to that benefit; they feel that they deserve to have their lives made better from the labor of other people.

If I do something that has value, and you want that value, pay me. If you don’t want to pay me, then don’t take the value. You are not entitled to gain value from my work for free.

Even if–and I’m looking at the folks who steal music here–you think that the money I want is excessive or that I am unreasonable.

If you think that I am unreasonable and the value I offer is not worth what I am asking in exchange, that’s fine. Don’t take the deal. But don’t then also believe that you’re entitled to have that value, and you have a right to steal it just because you didn’t take the deal! You may think the RIAA is a bunch of asshats who wouldn’t know ‘reasonable’ if it bit them on the cocaine-powdered nose, and I’d agree with you, but that still doesn’t excuse the fact that you have no right to take value from them for free just because they’re asshats.


It gets simpler to understand when we think about tangible things. If I rent cars, and you sneak into my parking lot, you hot-wire one of my cars, and you take it for a joyride, then you return it to my lot the next morning and I don’t notice what you’ve done, you could argue that the opportunity cost was zero. I didn’t lose anything’ the car is still there, and you weren’t going to rent it from me anyway, right? You might even say I’m financially better off, if you fill the gas tank before you put it back so it has more gas in it the next morning than it did when you took it.

Yet reasonable people, even people who think that software piracy or theft of music is OK, would draw the line at this sort of behavior. I doubt that very many folks would say that taking my cr for a joyride was acceptable; the “zero opportunity cost” argument would not hold up. Yet it’s the same argument that folks use to steal intangible things all the time.


Now, on to the horse that I have in this race.

In the past few days, intangible theft has affected me twice. First, my cable modem service was interrupted because my neighbor thinks that theft of service is OK. (Which, I suspect, will soon become a self-correcting problem; the police and the cable companies take theft of service seriously, and I started the ball rolling on a theft-of-service investigation this morning.)

Second, because I create intellectual property. I create content in the form of software, such as my game Onyx, and in the form of a great deal of writing on a number of diverse subjects.

Now, I like to think that I’m a reasonable fellow. I don’t much like the way the software industry works, so I give away a limited version of my game for free. I don’t like DRM and Draconian copy policies, so I license the pay version to people rather than to computers–if you buy the game, you’re free to put it on as many machines as you own, under whatever operating system you like, and the same serial number will work on all of them.

I believe that outreach, especially on subjects like non-traditional relationship and lifestyle choice, is important, so I permit anybody who wants to to copy any of the information on my Web pages, provided they credit me for it. My BDSM and polyamory pages are wildly popular, and I get several requests a month to copy part or all of the site elsewhere. Go for it! Do whatever you want. You don’t even need to ask me first. Seriously.

You want to print my stuff out and use it as a handout at a seminar? Be my guest! You want to translate it into other languages? Go right ahead! You want to put it on your own Web site? No problem! Just credit me as the author. That’s not an undue burden.

Yet, even that is apparently too much to ask for some folks.


Lat week, I discovered that large sections of my BDSM site were being used on the commercial, for-profit site of a prodomme who makes her living from her Web site, and they were posted without attribution. I sent her a nice email explaining that I was fin with her using the material, but I’d really appreciate credit. She responded by saying that she’d never heard of me or my Web site, and that she hadn’t taken the material from me, she’d taken it from another site.

I looked, and sure enough, she had–she’d lifted it from another site that had lifted it without attribution. From, get this, still another site that had lifted it without attribution.

No honor among thieves, I suppose.

So I’ve spent, over the last day or so, about four or five hours working my way up the chain and sending out copyright infringement notices. And I bet that over the next week I’ll probably be hearing from a bunch of pissed-off people.

That seems to be how it happens. People do geniunely seem to have a sense of entitlement to the intellectual work of others; when I’ve dealt with this kind of thing in the past, it’s shocking how often someone will become angry, as if to say ‘how DARE you tell me that I can’t take material you have created and use it on my own pay-for-access Web site!’. It’s not just me, either. In any dispute over intellectual property, the person whose work has been stolen is often cast as the villain–in ways that they are not if, for example, someone has his car taken.

Which is weird, and more than a little fucked up.

And sometimes, it’s by folks who really, really ought to know better. One of the Web sites that has lifted content from me belongs to the Triskelion Society, a well-known and generally well-respected BDSM organization. (Edit: As it turns out, the material was given to the Triskelion Society by a third party claiming copyright; they were blameless and have since removed the material.)


I’m sure that there will be folks who think I’m being unreasonably hard-assed about this. After all, my own site is free; what’s the harm in taking content from it for their own site? It’s not like I’m losing money, right?

In the end, I think that it comes down to respect. We (well, generally, most of us) respect the property of other people, and the labor of other people, but it seems that same level of respect does not extend to the intangible creations of other people. The zero-opportunity-cost argument displays an appalling lack of respect for other people’s effort and creation; it essentially boils don to “I want this, but I’m not going to pay for it, so I should have a right to have it anyway.” It’s even worse when it’s dressed in the language of self-righteous indignation; there are many music bootleggers who will rail against the RIAA as a corrupt, archaic, greedy institution that exploits its own members (which is true) and doesn’t pay its own artists (which is also true), but the difference between the RIAA and the misic pirates is that the RIAA believes artists should be paid a trivial pittance, whereas the music fans, incensed by this arrogance, seem to believe that the artists should be paid…nothing at all.

Now, me, I don’t ask for money; I merely ask that work I created should be attributed it to me. And apparently that’s too high a cost for some folks–even folks who use my content to build Web sites that they do charge money for.

But after all, they weren’t going to pay me for it anyway, so I haven’t really lost anything, right?

It’s on Internets, so it must be true

Your Social Dysfunction:
Happy

You’re a happy person – you have a good amount of self-esteem, and are socially healthy. While this isn’t a social dysfunction per se, you’re definitely not normal. Consider yourself lucky: you walk that fine line between ‘normal’ and being outright narcissistic. You’re rare – which is something else to be happy about.

Take this quiz at QuizGalaxy.com

Please note that we aren’t, nor do we claim to be, psychologists. This quiz is for fun and entertainment only. Try not to freak out about your results.

So, this weekend…

…I was interviewed for the Mostly ITP podcast by Amber Rhea, who talked to me about Onyx, the sexuality map, and how the street finds its own uses for things;

…found out I’ve overrun my cell phone minutes last month by 831 minutes (ouch!);

…got my mage up to level 80 in World of Warcraft (Naxx and that sweet, sweet Tier 7 armor await!);

…discovered a prodomme who is using big sections lifted from my BDSM site on her page without attribution;

…and did a drastic overhaul of the look of the transhumanist section of my Web site (though the content remains the same).

It’s been a sleepy day today. Think I’ll go home and take a nap.

Artifacts of Modern Life

Seen at a grocery store while I was shopping with figmentj:

Yes, you’re seeing that right. It’s caffeinated hot chocolate. As in, hot chocolate with caffeine in it.

Have we as a society really reached the point where we can not face the day without putting drugs into everything we eat and drink?

Objectification: ur doin it wrong!

One of my particular kinks I’ve quite liked for quite some time now is sexual objectification. Put most simply, it’s the creation of a psychological environment in which I’m using my partner for sexual gratification, or she’s using me for sexual gratification, without too much concern for the state of the other person’s sexual arousal or response (within whatever limits my partner and I have set out for the encounter).

I was talking about this with figmentj over the course of the last weekend, and she raised some interesting points that lead me to believe that I’m not really doing it right.

Now, to me, there is very little in the world that’s hotter than grabbing my partner, pushing her against the wall or down on the bed, and whispering in her ear “I’m going to take you now. It’s okay if you don’t want it; you can scream if you like.” Unless perhaps it’s a partner grabbing me by the hair, throwing me on the bed, and saying something similar.

And to me, that’s what I’d consider objectification–the taking of my partner for my own sexual gratification.

And hers–which is where it kind of breaks down. For, as figmentj rightly pointed out, it’s only objectification if the person is reduced to the status of an object–that is, if the person’s feelings, experience, and humanity don’t enter in at all to what’s going on.

For me, the hottest thing about this kind of scenario is savoring the emotional state tat it creates in my partner, and seeing how my partner responds to being treated as a sexual object. If she’s not into it, on some level, it doesn’t work for me, because it’s precisely her responses that most get me hot.

Which is, when you get right down to it, not objectification. Her feelings and experience do enter into it; in fact, they’re precisely the point of the whole endeavor. It’s seeing how she reacts to being objectified that gets me off.

Which means, in the final analysis, I’m not really objectifying her at all.

Which is quite a conundrum, really. figmentj argues (cogently, I might add; I rarely prevail in a discussion like this with her) that what I’m doing may look like objectification, but it isn’t–not really. It’s something else. In order to be objectification, I’d have to have the same attitude toward her that I have toward an object, like a sex toy or something. Obviously, if I use some kind of sex toy, I don’t care at all about the experience from that sex toy’s perspective; it truly is an object. But since the central focus of the objectification I do with a partner is savoring her responses, and thinking about what’s happening from her perspective, then she isn’t an object at all, almost by definition.

So I’m clearly not doing it right. (Okay, that part is tongue firmly in cheek.)

That brings up another argument, one that was indirectly touched on by some of the folks who commented in the post on tattoos, porn, and respect for women, about what it means for porn to “objectify” women.

figmentj also argues, cogently, that much of mainstream porn is in fact objectifying (both to men and to women), but not for reasons that many folks of an anti-porn persuasion might think.

The standard objections to porn–at least the ones I hear most often–don’t really hold up to close examination. “It disempowers women.” Well, surely, if a woman has power, if she has control over her own body, then that control must extend to where, when, with whom, and under what conditions to have sex–including the choice to have sex while a camera is running, yes? “It degrades women.” This is an argument rooted in the notion that certain acts of and by themselves are inherently degrading, when nothing could be further from the truth. Degradation is contextual; it’s in the intent of the folks involved, not the act. Simple PIV intercourse? Not degrading when it’s mutual and consensual; degrading in the context of rape. Coming on a woman’s face? Not degrading when it’s mutual and consensual (yes, there are women who enjoy it, honest Injun); degrading if it isn’t.

And so forth.

The argument that figmentj raised, though, that standard, mainstream porn is objectifying not because sex is objectifying and not because sexual depictions are objectifying, but because the way it is scripted and filmed, with its surrealistically-proportioned actors who are as biologically implausible as a Barbie doll and its over-the-top, phony sound effects that make clear to anyone who’s ever actually had sex that the folks involved are not enjoying it, seems contrived and indeed even psychologically constructed to maximize the emotional distance between the viewer and the people involved.

In other words, much of mainstream porn–if there is such a thing–appears to be calculated to separate the depiction of sex as far as possible from the genuine responses of the people involved, and to be shot with folks who scarcely even look human, increasing that emotional distance still more. It doesn’t draw the viewer in; it doesn’t create an emotional connection between the scene and the viewer; its inauthenticity actually encourages the viewer not to empathize with the actors or even, really, consider them as human beings at all.

The objectification, then, takes place at the point at which the porn is consumed, not the point at which it is made. The real experiences of the actors becomes entirely irrelevant.

Now, this line of reasoning opens up several potential cans of worms–a whole bait factory of worms, in fact, not the least of which are

  • At what point do the feelings of the people involved cease to be relevant, and the experiences of the viewers become most relevant? What if some viewers identify with the folks involved, but other viewers do not?
  • If the people who produce a depiction of sexual activity, and the people who are involved in the sexual activity, are fully engaged in it, but the people who watch it are not, does the viewer’s experience or the experience of the people involved define the caliber of the experience?
  • Is objectification even a bad thing? I would argue that, like everything else, it’s contextual; after all, examples of objectification abound. A professional basketball player is valued by his fans for his skill at the game, not for his humanity; ditto for the Colgate commercial model. Hell, one could even argue that the stars in a conventional Hollywood movie are being objectified; sure, the audience is engaged (if it’s a good movie), and sure they’re identifying with and connecting to the characters on the screen–but the expressions and feelings of the actors aren’t real. The audience is connecting with the actor’s character, not the actor himself…though I fear by this point I’ve distorted the original argument all out of shape.

But those questions are not the real interesting part.

The real interesting part is the implication for porn in general.

Now, I’m not that big a consumer of porn. The mainstream stuff in particular does little for me, for (among other things) exactly the reasons figmentj was talking about–the inauthenticity and the bizarre, weird-looking people in it.

On those occasions when I am interested in porn, my tastes tend to run to things that are a little more…umm, unconventional. I’m quite fond of the sort of stuff that kink.com produces–you know, bondage, S&M, humiliation play, that sort of thing.

Kink.com takes a lot of heat for the movies they produce. Take all the standard arguments against porn and crank them up to eleven; as a society, we’ve always been just fine with violence but a bit less OK with it when it’s combined by sex. A movie of a woman bound on all fours in an iron framework being simultaneously spanked and sodomized is, in short, bound to get folks talking, and not in good ways.

Yet the one thing you can say about this particular species of porn is that the reactions of the people involved are authentic.

Which is why I dig it. It works for me because the responses of the folks involved are authentic; it works for me for exactly the same reason that objectification play works for me.

And that means, at least for me, that this tied-down, cock-up-the-ass objectifying porn…isn’t objectifying at all.

I don’t get Twitter.

And it’s not just because I’m a long-winded bastard, though that’s definitely true. (I can remember my elementary school days, when I’d come back to face another school year after a glorious summer of building rockets, tinkering with electronics, and shunning my peers, and the teacher would ask us to write a 250 word essay about what we did over summer vacation. “Two hundred and fifty words!” I’d wail. “How can I ever write two hundred and fifty words??!“. Nowadays, two hundred and fifty words isn’t even enough to write the introduction to what I did last weekend. But I digress.)

It’s more that I don’t really understand what the value is in sending out regular blips to the world explaining what I’m doing. It seems to me that if I’m doing something interesting, like tying someone to the bed and fisting her, I’m unlikely to stop what I’m doing to Twitter about it (and wouldn’t you really rather read the full version later, anyway?), and if what I’m doing allows me to stop and Twitter about it, it probably isn’t very interesting. “Waiting for potatoes to boil,” for example. (Which is, honestly, what I’m doing right now. figmentj has drafted me to help with the Thanksgiving cooking; those of you who know my cooking skills are probably reeling in stark raving terror right about now. But again, I digress.)

It seems to me that Twitter is really only ideal for those times when you’re doing something interesting but you also can type about it on your cell phone, and I can’t think of very many cases like that. Falling out of a burning airplane, maybe:

Mixed blessing. Survived the explosion, but…

Wow. Sure is cold. The ground is very far away.

Falling faster now. 9.8m/sec2 is a bitch.

hard 2 type. hands stiff. lots of wind.

kthxbai.

So, those of you who use Twitter, what am I missing?

It’s almost Thanksgiving!

Heading out in a little less than five hours to hop on a jet plane to go see figmentj for Thanksgiving.

Actually, I take that back. I’m not hopping on a jet plane, I’m hopping in a jet plane. Screw riding on the plane; it’s too cold for that.

I’m told it’s rather cold in New Jersey at the moment as well, so apparently a good part of the vacation will be spent watching Buffy the Vampire Slayer. In my entire life, I’ve seen one episode all the way through, and parts of another two or maybe three episodes; this is apparently a horrifying and appalling state of affairs which figmentj intends to set to rights.


In the past, I’ve tended to be a little cynical about Thanksgiving–that national holiday where we celebrate the arrogance and poor planning of the early Pilgrims, who came to this land in search of freedom from religious tyranny so that they could impose their own, even more brutal brand of religious tyranny, and whose spectacular failures to make any sort of reasonable preparation for the winter meant that their sorry asses needed to be saved by the generosity and good will of their local neighbors, whom they would one day repay in kind by exterminating. This early experiment with socialism is mirrored today in a government that’s hanging out $1.5 trillion dollars, or nearly $5,000 for every American man, woman, and child, to financial institutions in order to reward them for a decade of corruption, greed, and recklessness on a scale that would make Ken Lay blush.

So, yeah. Down on Thanksgiving.

But really, the fact is there’s a great deal in my life that I am thankful for, and I don’t always acknowledge those things. So maybe a day of thanksgiving isn’t necessarily such a bad idea, religious persecution and extermination of entire classes of indigenous people aside.

In no particular order, the things I am thankful for include:

– My sweeties, each of whom enriches my life and each of whom I am privileged and honored to be able to share some part of my life with. figmentj, for her constant reality checks that help keep me intellectually and emotionally honest. zaiah, for opening doors that I never even knew existed and for teaching me things about myself even as she has allowed me to explore her. Shelly, one of my own personal heros, simply for being who she is, and for acting as a shining light of courage, dedication, and resolve that helps to show us some of the best of the human condition. joreth, for an unswerving dedication to intellectual rigor in a society awash with anti-intellectualism. Gina, for being an unexpected treasure in my life who’s helped show me whole new interests. dayo, for exploring with me, dancing with me, traveling with me, and just generally being one hell of a sexy woman.

– The small handful of IT abuse people who actually care about their networks and their servers, and who restore my faith in humanity so badly battered by the likes of iPower and ESTdomains.

– The fact that I live in a time, in a society, and in a position where I need not fear going hungry, and have enough leisure time to pursue those things that interest me. This is something that the overwhelming majority of human beings who have ever lived can not say, and even today the bulk of the people on the planet can not say.

– The fact that I have not (yet) been imprisoned for my religious, political, or sexual views, which is something that even today many people can’t say. (Though it would seem that, particularly for sexual views, that’s something that is best not taken for granted; apparently, cartoon drawings of sex can sometimes get one prosecuted in this country.)

– My circle of friends, even though most of you are long-distance now; I have surrounded myself with smart, independent people of the highest integrity and character imaginable, and I’m grateful for it.

-The existence of an instantaneous, always-on global communication network that allows me to disseminate ideas and connect with like-minded people in a way that has for almost all of human history been impossible.

– The existence of the James Randi Educational Foundation and other efforts to free society of flim-flam, superstition, and anti-intellectual gobbledygook in all its many guises.

– Bacon. Mmm, bacon.

– Infrastructure. We spend far too little time acknowledging the efforts of the people who make our toilets flush and our garbage go away, even though, in a direct and literal sense, our lives depend on what they do.

Fracking bloody LiveJournal anyway

I’ve got the setting turned on on LJ to email me when someone posts a comment to one of my posts or posts a reply to one of my comments. It usually works okay; I get about 90% of the notifications, most of the time, and things go pretty well. Occasionally a notification never makes it to my email, when the Intertubes get clogged or something.

Over the last 48 hours, I have received between three and five copies of every notification email for posts going back several weeks.

Now, just to give you an idea of what that means, my post about tattoos, porn, and respect for women has received, at the time of this writing, 119 comments (including mine). I’ve received at least three emailed copies of every one of those comments in the last two days–as well as multiple copies of every post made in the last week or two, including my post from my iPhone this morning.

Is it just me? Have I done something to offend the God of IMAP? Do I need to dance widdershins naked around a router, Ethernet cables braided through my hair, to appease the offended deities? Should I meditate at a temple dedicated to BIND, hoping to learn through introspection of the folly of my ways? Or is this a more general calamity, like a digital plague of locusts, signaling the Tribulation and the End Times?