intellectual property

Atlas Shrugged: The Movie, Part II Teaser Poster
Atlas Shrugged: The Movie, Part II Teaser Poster

Reason.com has had some interesting posts recently.

One is on the subject of fan fiction vs. copyright. Does fan fiction count as a copyright violation? What should authors think or do about it? My response to the first question is: Who cares? Copyright is an illegitimate government grant of monopoly privilege that gives people legal ownership over that which cannot really be property, ideas, and which cannot be enforced without infringing on the prior real property rights (in one’s body and physical objects) of others. My response to the second question is: Authors should embrace fan fiction as community-building and free advertising. Fighting fan fiction only makes you a dick, a criminal (in my view) dick if you sue.

Anyway, now that I’ve worked that rant out of my system, check out the post Fan Fiction vs. Copyright – Q&A with Rebecca Tushnet and watch the interview below. Tushnet is “a member of the Organization for Transformative Works, Tushnet works to defend fan fiction creators caught in the legal debate between protected intellectual property and fair use.” I’ve previously discussed how Angry Robot Books is embracing fan fiction, if not as much as we libertarians and fiction fans would like.

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Tor Books
Tor Books

It’s been a news-heavy month. Here are a few more tidbits:

  • Yesterday, Tor/Forge announced that it will make all of its ebooks completely free of DRM by early July 2012. This is a momentous and welcome change. Tor/Forge is a genre imprint of Macmillan, one of the Big Six publishers. It’s the first of these publishers to cave to author and cusotmer pressure on DRM. It may have helped that Macmillan is not a publicly traded company. Cory Doctorow believes more Big Six publishers are sure to follow; he’s “had contact with very highly placed execs at two more of the big six publishers.”
  • Last month, James Cameron promoted private deep-sea exploration. He’s also partnered with Google’s Larry Page and Eric Schmidt, and Ross Perot Jr., to back private space company Planetary Resources. Immediate plans are to design and build low-cost robotic spacecraft for survey missions. The firm, founded and chaired by Peter Diamondis (creator of the X-Prize Foundation) and Eric Anderson, hopes to then build on this technology and begin mining Near-Earth Asteroids (NEAs) within the next ten years. For an extended explanation of how and why Planetary Resources can succeed, read Phil Plait’s post on the Bad Astronomy blog. We live in exciting times for the exploration and exploitation of space.

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Atlas Shrugged, Part II — Either-Or
Atlas Shrugged, Part II — Either-Or

Brian Doherty of Reason.com was able to visit the set of Atlas Shrugged, Part II — Either-Or, based on Ayn Rand’s inspiring novel, during part of its ongoing 31 day shoot. After poor box office sales and being panned by critics, including our own Matthew Alexander (read his review), many wondered whether the second and third installments would ever be filmed. Encouraging DVD and VOD sales convinced the wealthy “rights”-holder, John Aglialoro, to persevere and a few new Randian investors to hop on board. I’m not sure whether the budget is the same, but in a risky move two things certainly aren’t: the director and the entire cast.

Yes, you read that right. The director and the entire cast from the first film were not retained for the second and third installments. The irony is not lost on those of us who both recognize that so-called intellectual property is illegitimate and are painfully aware of how fiercely most followers of Ayn Rand cling to it that copyright appears to have played a major role in this potentially devastating turnover. As one of the producers, Harmon Kaslow, himself explains,

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So it looks like a recently published spy thriller, Assassin of Secrets,1 was largely plagiarized by the “author” from quite a few other novels — some post-Fleming Bond novels and others.

Now, when someone like myself says he is against intellectual “property,” as an illegitimate government grant of monopoly privilege over something that cannot be owned (i.e., ideas), the responses are fairly predictable.

A common one is “Well, then what’s to stop me from copying your novel, changing the name on it, and selling it as my own?”

Well, your customers could sue you for fraud, for one thing. No need for copyright to make that possible.

For another, in the Internet age, you run a very high risk of being found out and ruining your reputation.

In this case, fans of James Bond novels discovered the plagiarism first. As you can imagine, fans can be mighty protective of their favorite books and authors. Try to rip one off and some fan is bound to spot it, and soon they’ll all be royally pissed.

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  1. A rather cheesy title, no? 

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BOOK REVIEW | For The Win by Cory Doctorow Thumbnail

Cory Doctorow’s latest YA novel, For The Win, just might be the Jungle of the digital age — a depiction of the plight of professional gamers and their struggle to unionize and extract concessions such as better pay, shorter hours, and safer working conditions (?!) from their employers through collective bargaining. Not being an avid gamer myself, much less a professional gold farmer, I’m left to wonder if it is as poorly researched and inaccurate as Upton Sinclair’s piece of socialist propaganda fiction. I expect left-libertarians will tend to like this novel but other libertarians will not. As for myself, I struggled to finish it and do not recommend it — as much because of the writing style and quality of writing as the subject matter.

For The Win opens with a gifted Chinese gold farmer — a working gamer who plays to collect game money and items to sell for “real” money to “rich,” lazy, mostly American gamers — in China who just happens to have the Western name of Matthew. He’s attempting to strike out on his own but is visited by Boss Wing’s goons and taught a lesson. Then we meet an American Jew in Los Angeles who goes by the Chinese name of Wei-Dong and moonlights, against his parents’ orders, as a gold farmer with some online buddies in China. Next, we’re introduced to Mala, aka General Robotwallah, a poor Indian girl with a talent for strategy and leadership, who is hired by a mysterious man to use her “army” to harass gold farmers in-game because they allegedly disrupt the game for honest, paying customers.

Before long we’re introduced to Big Sister Nor, a mysterious new figure on the scene who is out to organize working gamers into a union to fight corruption and improve their circumstances. As the novel progresses, we’re introduced to more characters, mostly in China and India, where the bulk of the action takes place. Perhaps the most notable is a female Chinese underground radio host who caters to the factory girls, giving them advice and urging them to stand up for themselves, while she dodges police raids, moving from safe house to safe house under a series of false identities.

One of the themes of the novel is how difficult it has been historically for workers to organize and how the internet (including social media and online games) provide game-changing tools for organizing labor. There is much truth to this, though I am skeptical that even the myriad tools of the internet can allow a voluntary global union to pull off anything like the ambitious scheme Cory’s protagonists endeavor to carry out in the novel. Although Cory has characters voice the usual skeptical objections to the efficacy of a voluntary global union, I don’t think he adequately addresses the difficulties such a union would face even in the digital age. Without state-backed coercion (directed at businesses, scabs, and their own members), how much power would a union really have, particularly spread out over the globe? Sure, gamers have an advantage in that they all work virtually in the same place — but still…

To Cory’s credit, however, he does depict a truly voluntary union whose leaders welcome freely competing unions in the market. The International Workers of the World Wide Web (IWWWW) or Webblies, as they call themselves,1 even eschew a formal hierarchy. The de facto head of the union at one point exclaims to her followers, “I’m not magic. … You all lead yourselves.” They also, admirably, do not seek compliance with their demands through legislation or regulation. Instead, they engage in self-help. Libertarians may find some of their methods questionable, however.

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  1. These terms were coined by Ken MacLeod, based on the real Industrial Workers of the World (or Wobblies), and borrowed by Cory Doctorow. 

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Crystal Rain by Tobias Buckell

Ragamuffin by Tobias BuckellAs I mentioned in my review of Crystal Rain, I enjoyed reading Tobias Buckell’s debut novel, but I enjoyed reading the sequel, Ragamuffin (Tor, 2008), even more. This may be because Buckell has grown as a writer or it may be because Ragamuffin is more a traditional galaxy-spanning space opera, one of my favorite subgenres. But another reason is that there are more prominent libertarian themes in Ragamuffin than there were in Crystal Rain, enough that it was a finalist for the 2008 Prometheus Award.

Where Crystal Rain was set on a lost colony planet mostly devoid of advanced technology, Ragamuffin opens on an advanced planet ruled by an alien race called the Gahe, who are themselves a client race under the rule of the secretive Satraps. Human beings are officially “free” in the “benevolent” Satrapy, but in fact are forced to live on the margins of society — on space stations in the middle of nowhere, on interdicted planets cut off from the rest of the galaxy by collapsed wormholes (including Earth itself), or on reservations. On the Gahe planet, Astragalai, humans who don’t want to serve in the role of intelligent pet for a Gahe master must live on a reservation, which they can only leave when granted a temperary “human safety” pass. Woe to the human who does not return to his reservation before his temporary pass expires: the penalty is death or enslavement.

We are first introduced to the protagonist of the novel, Nashara, on one such reservation called Pitt’s Cross. Fans of Pepper and John from Crystal Rain will be increasingly disappointed not to see them at the outset, so I think it is best to go into this novel with the foreknowledge that characters from Crystal Rain do not make an appearance until about halfway through. Still, Nashara does quickly grow on you and you will get to see Pepper open a big ol’ can o’ whoop ass eventually, so hang in there. And if it’s Pepper-style whoop ass you’re after, Nashara will not disappoint.

So, anyway, Nashara escapes Pitt’s Cross and rides on an orbital skyhook and transport pod up to a space station to meet up with a group, the revolutionary League of Human Affairs, for whom she had just completed a dangerous job. The League wants to overthrow the Satrapy and achieve real freedom for humanity. But Nashara’s loyalties lie elsewhere and she has a greater mission to accomplish. Things don’t go as planned, but Nashara manages to hitch a ride on a spaceship and proceeds to be hunted in a race across the galaxy by agents of the Satrapy.

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