Showing posts with label private property. Show all posts
Showing posts with label private property. Show all posts

Sunday, June 08, 2025

Importance of Rational Philosophy in Validating Private Property Rights Against Force

Mere Opposition to the ‘Initiation of Force,’ Such As From Libertarians, As Necessary But Not Sufficient


Stuart K. Hayashi





US Patent of Charles Martin Hall to Separate Aluminum From Ore
In the 1970s, many libertarians rallied around the principle that it is morally wrong for anyone, including any government, to initiate the use of force against a person or his belongings. Murray Rothbard called this the “non-aggression axiom,” even though this principle is derivative of other principles and therefore not an actual axiom. And it is indeed an important principle. But many libertarians of the 1970s talked as if agreement on this stated principle was adequate to form and maintain a coalition of likeminded people. They talked about how the principle of non-force was an axiomatic First Principle — initially an arbitrary one, apparently — that later could be rationalized after-the-fact through citing Christianity, Buddhism, Immanuel Kant’s Categorical Imperative, or any other philosophic framework. As quoted years ago by Objectivist writer Peter Schwartz, Rothbard asserts,
As a political theory, libertarianism is a coalition of adherents from all manner of philosophic (or non-philosophic) positions including emotivism, hedonism, Kantian à-priorism , and many others. My own position grounds libertarianism on a natural rights theory embedded in a wider system of Aristotelian-Lockean natural law and a realist ontology and metaphysics. But although those of us taking this position believe that it only provides a satisfactory groundwork and basis for individual liberty, this is an argument within the libertarian camp about the proper basis and grounding of libertarianism rather than about the doctrine itself.
The principle against force’s initiation is necessary but it is not sufficient. If you want a consistent defense of free enterprise and the right to the wealth you have produced, you must also identify the source of your rightful ownership of wealth. And you must show that your rightful control over the value that you have created is something much more important than merely a method by which efficient use of resources is incentivized and through which courts engage in dispute resolution. It is also important that you can elaborate on how the justification of your rightful control over your wealth is that you can be objectively identified as the primary creator of this very same quantity of economic value. 

When it comes to the matter over why the uninitiated ought to accept the principle that force is wrong, what I have just named are the vital considerations that Murray Rothbard handwaves as inessential to the “doctrine itself.” Accordingly, my conclusion that the non-force principle is necessary but not sufficient is demonstrated by another group of people who claim to oppose the initiation of the use of force. It’s not the group whom many free-enterprisers would expect.



That Laws Are Ultimately Enforced at Gunpoint: These People Agree With Free-Enterprisers About That . . . or Do They?
I often point out that laws — even entirely legitimate ones in a proper constitutional-liberal republican Night Watchman State — are ultimately enforced at gunpoint. Even if the initial penalty for breaking a law is a very small fine, persisting in refusal to comply with the law will bring about an escalation in penalties. If you persist in refraining from discharging the small fine, eventually you will be ruled to be in Criminal Indirect Contempt of Court. And enforcement requires that armed men be dispatched upon you by the State.

Of course, Democrats and Republicans are fond of agitating for new legislation that encroaches upon what peaceful private parties may do with their own belongings and households. Thus, upon being reminded that their favorite legislation initiates violent threats upon peaceful people, these Democrats and Republicans get huffy toward me. At me, they do Rousseau’s Social Contract Song-and-Dance. They recite this big fiction about how, by being born and living among other people, I implicitly consented to a Prime Contract in which I authorize that, for society’s collective benefit, the State may rightfully overrule my peaceful decisions and actual contracts. But in contrast to conventional Democrats and Republicans, there is a group of people — emphatically not fans of large-scale entrepreneurial enterprises — who agree and understand that laws are ultimately enforced at gunpoint.

In contrast to conventional Democrats and Republicans, one woman from this other group denounces governmental institutions, implicitly including the welfare state, for “stealing in the form of taxes...” And just like free-enterprisers such as Frédéric Bastiat and Leonard E. Read, this woman recognizes that “all forms of government rest on violence...” That includes democracies, welfare states, and even proper constitutional-liberal republican Night Watchman States. Similar to that, a man in agreement with this perspective says that when the State takes action upon you who have done nothing to warrant that, it is for you
to be...inspected, spied on, directed, legislated at, regulated, docketed, indoctrinated, preached at, controlled,...censored, ordered about... [It] is to be at... every transaction, ... registered, enrolled, taxed, stamped,...licensed, authorized, admonished, forbidden, reformed, corrected, punished. It is, under the pretext of public utility, and in the name of the general interest, to be...ransomed, exploited, monopolized, extorted, squeezed, mystified, robbed; then, [upon] resistance,...repressed, fined, despised, harassed, tracked, abused, clubbed, disarmed, ... imprisoned, judged, condemned, shot, deported, sacrificed...
The woman I quoted earlier was “Red” Emma Goldman, the anarcho-collectivist mistress to Alexander Berkman. In the late nineteenth century, Berkman tried to assassinate the chairman of Carnegie Steel, and almost succeeded at that. The man I quoted after her was Pierre Proudhon, a contemporary and “frienemy” to Karl Marx. And similar to them was Upton Sinclair. In words he attributed inaccurately to George Washington, Sinclair admitted, “Government is not reason, it is not eloquence — it is force.”

Anarcho-collectivists acknowledge the correctness of free-enterprisers in pointing out how laws, taxes, and government regulations are ultimately enforced at gunpoint. Yet they do not agree with free-enterprisers about what constitutes the initiation of the use of force by one person against another to snatch the second person’s resources.



Does a Mansion Owner Initiate the Use of Force By Calling the Cops on Burglars?
Consider the case of Charles Martin Hall who, on account of years of doing his own research-and-development, devised a new efficient method for producing aluminum, and became a multimillionaire from that devising. Nouveau-riche, he dabbled in art collection. Suppose that a gang of burglars break into Hall’s mansion to loot him. And suppose Hall calls the police on them. The police arrive and stop the burglars.

Free-enterprisers would say that the burglars were initiating the use of force upon Charles Hall, who was minding his own business. And they would continue that the police apprehending the burglars was the proper exercise of force in retaliation only against the force that was initiated. But the anarcho-collectivists have an entirely different take on this scenario.

To the anarcho-collectivists, once you have performed manual labor, you have sufficiently earned a share of resources — economic value — that is equal to that of everyone else’s. For anarcho-collectivists — even if they give some lip service to the value of inventors and engineers — it is the case that by owning and controlling a share of economic value in society that dwarfs that of most men, Charles Hall has absconded with a quantity that is not rightfully his. By claiming control over a share of economic value far greater than what other men have, conclude the anarcho-collectivists, it is Charles Hall who has initiated the use of force against everyone else. In the anarcho-collectivists’ estimate, Charles Hall is hoarding an unfair share by means of physical force. Charles Hall’s option to call the police to guard this stash for him is, to the anarcho-collectivists, proof that it is Charles Hall holding the power to call upon armed men to uphold and enforce his wrongdoing.

And, continue the anarcho-collectivists, the burglars have the moral high ground. By trying to burgle Charles Hall, they say, the burglars are merely trying to retrieve and reclaim some of the wealth that is rightfully theirs. On that interpretation, it is the burglars who are using rightful retaliatory force against the party that initiated it.

At root, the area of disagreement is the ethics over Charles Hall expecting the police to guard what Charles Hall insists is his own rightful private property. There are laws against burglarizing someone’s mansion. And, as understood both by free-enterprisers and anarcho-collectivists, laws are ultimately enforced at gunpoint. When the police stop the burglars, it is an example of the government using force. 

For free-enterprisers who wince at rent control and minimum-wage legislation, police stopping the burglarizing of a mansion is one of the few types of legitimate use of force by the State. Even a constitutional-liberal republican Night Watchman State favored by free-enterprisers like Frédéric Bastiat and Auberon Herbert would have punished burglars for hurting Charles Hall. But for anarcho-collectivists such as “Red” Emma Goldman, the protection of rich people’s private ownership rights is the central evil of the State. For Emma Goldman, police foiling the burglary of a mansion is actually the main case studying proving that the institution of government is the violent enforcer of evil. For anarcho-collectivists, the ability of a multimillionaire like Charles Hall to call the cops to protect his private property from burglars is no better than an intensifying of Hall’s initiation of the use of force against the burglars.

That is why it is necessary but not sufficient for you as a free-enterpriser to say, “I am opposed to the initiation of the use of force.” “Red” Emma Goldman and Karl Marx’s contemporary and frienemy, Pierre Proudhon, claim to hold that same position. Nor is it even adequate to say that you oppose it when one man tries to take from others what is not rightfully his. Emma Goldman and Pierre Proudhon would say that they hold this position as well, and it is exactly why they believe the burglars are in the right, not Charles Martin Hall. And anarcho-collectivists would interpret the story the same way if the rich man in question was not Charles Hall but instead Henry Bessemer, the nineteenth-century British man who got rich from his own improved method of steelmaking.

Some English-language translations of Pierre Proudhon superficially resemble, at first glance, statements from Objectivists. Proudhon explicitly rejects rationalizations for government regulations from Democrats and Republicans that rely upon invocations to their precious Rousseauian interpretation of some supreme Social Contract. And in a move that is more seemingly impressive, Proudhon praises what he calls economic “producers” — producer is the word in the English translations of Proudhon. But to Pierre Proudhon, the only economic producers are manual laborers, not CEOs or inventor-engineers. 

Nor does Proudhon sympathize with investors. Investors risk their own resources by providing, to the CEO, control over such resources, hoping those resources will be inputted in such a way that they produce a final product that satisfies customers. Investors do that out of hope for a material return. And those investors have to do without those resources in the meantime even if they do get a return. But to Proudhon, only the manual laborers are the “producers” who contribute to the enterprise’s success.

Anarcho-collectivists, as with other opponents of free enterprise, implicitly presume that the quantity of wealth in an economy — the quantity of economic value — is fixed. That would mean that any one person getting more wealth spells less of it for everyone else. As Proudhon says it,
The purchaser draws boundaries, fences himself in... Here, then, is a piece of land upon which, henceforth, no one has a right to step, save the proprietor and his friends; which can benefit nobody, save the proprietor and his servants. Let these sales multiply, and soon the people...will have nowhere to rest, no place of shelter, no ground to till. They will die of hunger at the proprietor’s door, on the edge of that property which was their birthright...
On that interpretation, if Charles Martin Hall had a net worth of 5 million US dollars, then that deprives everyone else in society of 5 million US dollars’ worth of resources. Who is Charles Martin Hall to have so much when the burglars have so much less? That is the mentality behind the presumption that those who would burglarize Charles Hall or Henry Bessemer are the ones who have the moral high ground. That is how Proudhon concludes, “Property is the [false] right of increase claimed by the proprietor over any thing which he has stamped as his own. . . . The proprietor, producing neither by his own labor nor by his implement, and receiving products in exchange for nothing, is either a parasite or a thief.”

Many libertarians praise the philosopher Immanuel Kant, as can be seen at the Institute for Humane Studies, at the Cato Institute, and at the Mises Institute. Such libertarians honor him for his epistemology opposing inductive reason, and they also say he was an important contributor to free-enterprise advocacy itself. They are correct that Kant popularized the observation that the more two countries liberalize themselves domestically and trade with one another, the more that discourages warfare between them. 

Still, many aspects of Kant’s views actually lend support to anti-capitalists such as Proudhon. In this context, Kant implicitly endorses the notions that there is a fixed quantity of wealth and that you can only give or take wealth but never produce a net increase in the total existing quantity of wealth.
In giving to a person in need of charity, the giver “makes restitution” for an injustice... ...in giving to an unfortunate man we do not give him a gratuity but only help to return to his that of which the general injustice of our [social] system [such as of private property] has deprived him. For if none of us drew to himself a greater share of the world’s wealth than his neighbor, there would be no rich or poor. Even charity therefore is an act of duty imposed upon us by the rights of others and the debt we owe to them.
And this sounds like a repetition of Christianity’s early Church Fathers, as noted by Stephen Hicks. Pope Francis loved to quote John Chrysostom saying, “Not to share one’s goods with the poor is to rob them... It is not our goods that we possess, but theirs.”

St. Gregory likewise propounded, “When we furnish the destitute with any necessity we render them what is theirs, not bestow on them what is ours; we pay the debt of justice rather than perform the works of mercy.”

Basil of Caesarea similarly proclaimed, “The bread in your hoard belongs to the hungry; the cloak in your wardrobe belongs to the naked; the shoes you let rot belong to the barefoot; the money in your vaults belongs to the destitute.”

And St. Ambrose concurred, “You are not making a gift of your possessions to the poor person. You are handing over to him what is his.”

Yes, it is the tradition of the early Church Fathers, Immanuel Kant, and the anarcho-collectivists to presume that the quantity of wealth that can be enjoyed by the human population to be static. On that assumption, someone getting more wealth translates to less for everyone else. But those premises are false. And we can see that only through a proper rational approach to philosophy, as elucidated by Ayn Rand and Objectivism while citing economic insights from Enlightenment-era philosophes Jean-Baptiste Say and John Locke and from twentieth-century business management professor Julian Simon. Therefore, let us look at how one gets rich by means other than manual labor.



Multimillionaire Inventor Charles Martin Hall Did Not Steal His Wealth — His Volitional Mind Produced It
First, the usefulness of natural resources — their economic value — is not directly proportional to the quantity of units of this resource. Rather, through technological improvements, a single unit of a natural resource can be made more useful than it had been in years past. And that usefulness — that economic value — is the true definition of wealth. If these improvements have been made over the past five years, than a particular quantity of natural resource can produce more wealth for us today than that same quantity could have five years ago.

The use of electricity in production involves using up natural resources, using up coal and oil and natural gas and biomass. And aluminum is a very useful metal, being strong yet lightweight in comparison to others. But for most of human history, it was difficult to isolate the aluminum from the ore encasing it. That meant you could not get purified aluminum to use it for the best purposes. It was only in 1825 when the scientist Hans Christian Oersted separated a few micrograms of aluminum from ore.

Aluminum was so difficult to separate from ore that, by 1850, aluminum cost more per ounce than gold did. When Louis Napoleon had guests over, he treated them differently according to rank. Somewhat-high-ranking guests got to eat with forks and knives made from gold. But the highest-ranking guests ate with forks and knives made from aluminum.

But after arduous periods of research-and-development, Charles Martin Hall devised a method of using electricity to separate aluminum from the ore encasing it. Whereas it previously took over 74 kilowatts to produce a single kilogram of aluminum — kilowatts that expended natural resources such as coal — by 1886 that same kilogram of aluminum could be produced after the exertion of 40 kilowatts. By 1890, Charles Hall got that down to 15 kilowatts. This means that in 1890, a kilogram of coal that you invested in the aluminum market would avail to people over four times as much aluminum as that same quantity of coal would have in 1825. In the aluminum market between 1825 and 1890, Charles Hall quadrupled the usefulness and economic value of a kilogram of coal. Aluminum’s real price declined by a factor of 200.

Charles Hall making aluminum so widely available, and therefore cheap, had many benefits. To produce the engine of their airplane, the Wright brothers needed a metal that was both lightweight and cost-effective. The metal that suited their purposes was aluminum. Had Charles Hall not made his breakthrough when he did, it likewise would have been much more difficult for the Wright brothers to put together the airplane when they did.

Henry Bessemer made a comparable advancement. Steel production goes back at least as far as the Roman Empire. But, as with aluminum in 1825, it was always difficult to produce steel in large quantities. In the year 1850, mills had to burn 7 tons of coal to generate the amount of heat necessary to produce a single ton of steel. But, as Charles Hall did years after him, Henry Bessemer expended investors’ valuable resources in a risky duration of research-and-development. Through such R-and-D, Bessemer learned that if you quickly blasted jets of cold air on it as it was newly minted, it removed impurities and resulted in purer, stronger steel. On account of the Bessemer converter and Process, by 1862 it took 2.5 tons of coal to produce a stronger ton of steel. This means that, on account of Bessemer, in 1862 a ton of coal could produce over twice as much steel as it could have in 1850. Between 1850 and 1862 in the steel market, Bessemer more-than-doubled the usefulness and economic value of a single ton of coal.

That it took smaller quantities of coal to produce larger quantities of aluminum and steel also made larger quantities of coal available for other endeavors still.

Historians know that Charles Martin Hall became a multimillionaire, but they do not have a firm estimate of how many millions he had. But let us consider what it would mean if he had gained 5 million US dollars. If Charles Martin Hall received 5 million US dollars, it is because, from one end of the supply chain to the other, customers valued the newly-plentiful-on-the-market aluminum more than they valued the quantity of money that they exchanged for it. And the amount of money coming in from customers totaled at $5 million. Had the economic value that Charles Martin Hall not been worth as much to his customers, these customers would not have made those transactions. Thus, Charles Martin Hall gained $5 million only insofar as his customers valued, in total, his innovation at least as much as $5 million.

The benefits that Charles Martin Hall and Henry Bessemer provided was not the result of them snatching from everyone else a share of a fixed quantity of resources such as coal. Instead, each quantity of coal could produce more economic value for people than that quantity could have before Charles Hall and Henry Bessemer came along. If you had a quantity of coal and wanted it applied to steelmaking, your ton of coal was over twice as valuable as it would have been had Bessemer not taken action. Likewise, if you had only a kilogram of coal and wanted it applied to making aluminum available to consumers, your kilogram of coal became over four times as useful and valuable as it would have been had Charles Hall not intervened.

Any time you produce wealth through your labor, that economic value is stored in the direct product of that labor. And maybe you exchange the product of labor for something else. Should you exchange your labor for money or other items, it is the case that you did not directly produce units of that money or those other items. Nevertheless, you retain the economic value that you produced originally. That economic value is now stored in the money or other items for which you exchanged the more-direct products of your labor.

The same principle applies to efficiency-boosting inventions. An inventor such as Charles Martin Hall or Henry Bessemer may sell his patent. As another alternative, he may keep his patent and rightfully use the more well-known method of recouping the costs of the units of resources he expended. After all, those resources were expended in the research-and-development and experimentation needed to arrive at the functional design and delineation that was needed for the invention to perform as intended. Such costs of the units of resources is recouped through licensing — properly selling access to the invention’s functional design. And when money and other items are exchanged for this access, the economic value of the invention is then stored in the money and other items exchanged to the inventor for it. Accordingly, the quantity of wealth that Charles Martin Hall or Henry Bessemer possesses in his mansion is no greater than the net increase in economic value that he brought into being.

Far from snatching an unfair share of a fixed quantity of economic value in society, the wealth enjoyed by Henry Bessemer and Charles Martin Hall was commensurate — no greater — than the net increase in economic value they had availed to the world in total through their finding and applying new methods to produce greater economic value from the existing quantity of resources. Whatever the exact figure, Charles Martin Hall rightfully owned the millions he did because that was the quantity of wealth that he created.



Conclusion
Henry Bessemer and Charles Hall grew rich only to the extent that they had enriched other people who had applied their innovations. And this enrichment came in the form of improved methodology that enriches people far beyond the mere number of units in natural resources available. That net increase in economic value that Hall and Bessemer each produced — a quantity of value that was and remains gigantic in size — redounded upon each of them in their respective personal fortunes. Private property rights enabled Bessemer and Hall to pursue such endeavors, and private property rights enabled Bessemer and Hall to enjoy the just deserts of those efforts. 

Far from private property rights being just a mere method for dispute resolution in court, private property rights — especially the intellectual sort — are a documentation of financial identity. They help to identify particular creative efforts by a particular creative party, and thereby assist customers in identifying and recompensing the specific creative party that provided them the specific value.

It is good to educate people about the principle that it is wrong to initiate the use of force. But what is equally needed is more than what Murray Rothbard and many other libertarians cared to provide in the 1970s. Absent of the further clarification, people will not gain any more insight into the need for free enterprise than did Pierre Proudhon and “Red” Emma Goldman.

If you think a productive inventor is right to call the police on people who burglarize his home, then you need to understand what important consideration was missing when libertarians in the 1970s assumed it was adequate simply to unite behind the declaration that they opposed any initiation of the use of force by governments and private citizens. The corollary imperative is to understand that the biggest driver in creating wealth — the wealth that becomes the property at risk of being stolen — is human rationality and its application by inventor-entrepreneurs such as Charles Martin Hall and Henry Bessemer. Absent of this philosophical understanding that intellectual effort — intellectual property — is the basis for rightful ownership over anything tangible, any libertarian proclamation of the wrongness in initiating force against private property rights will be worse than incomplete.

Saturday, November 25, 2023

Eminent Domain Is Inhumane

The Honolulu Star-Advertiser Published My Letter to the Editor 


Stuart K. Hayashi






Back in the year 2006, Pablo Wegesend, Reid Ginoza, and I issued a warning to Hawaiʻi in the letters-to-the-editor sections of the Honolulu Star-Bulletin and Honolulu Advertiser, before the latter newspaper purchased the former. The warning had to do with the construction of the government-controlled rail system being shoved down everyone’s throat. We warned of the threat of eminent domain being exercised to seize private land for the rail system. My focus was on the chances of citizens being expropriated of their private residences.

For the most part, we find that our warning has come true. The one difference here is that it is not a private residence being taken but instead the site of the Takaras’ family business, Service Printers Hawaii. The specific agency confiscating the land is the one directly in charge of the rail system, HART (the Honolulu Authority on Rapid Transportation). The Friday, November 17, 2023, Honolulu Star-Advertiser ran this news as its front-page story. It prompted me to write yet another letter to the editor, which was published on Tuesday, November 21, 2023.

The official Twitter account of the Honolulu Star-Advertiser even sent out a tweet quoting from my letter and linking to the Web version of it.

  In the letter, two words I regret are “59 years.” The business was started in 1964 but, upon rereading the Friday article, Mr. Takara said the business was a tenant of the land for “43 years.” Instead of “for 59 years,” I should have said “for decades.”

 
 
The Newest Letter
This is what I had sent to the paper:
November 17’s front-page story, “HART Board Approves,” shows HART has no heart.

HART invokes eminent domain to dispossess the Takaras of land on which their family business has stood for 59 years. Rationalizations for eminent domain always mention payment to the victims. That downplays the real issue: freedom and consent versus coercion. Eminent domain is ultimately backed by armed force. Enforcing it in L.A. in 1959 had armed officers literally drag a widow, Aurora Arechiga, from her home.

People assume cities need eminent domain. In January I e-mailed development officials of Carson City, Nevada, about this. They informed me that although the city can enact it, at the time they knew of no instance of Carson City actually exercising eminent domain in its history.

During these holidays, ponder whether slogans about “the greater good” are justification enough, and if passively condoning eminent domain’s brutality is what we truly want.

Stuart K. Hayashi
Mililani

This is the letter as it was printed:
HART’s Eminent Domain Is Brutal Use of Authority

The front-page story, “HART Board Approves Eminent Domain Filing for Kalihi Property” (Star-Advertiser, Nov. 17), shows HART has no heart.

The Honolulu Authority for Rapid Transportation (HART) invoked eminent domain to dispossess the Takara family of land on which their family business has stood for 59 years. Rationalizations for eminent domain always mention payment to the victims. That downplays the real issue: freedom and consent versus coercion. Eminent domain is ultimately backed by armed force. Enforcing it in Los Angeles in 1959 had armed officers literally drag a widow, Aurora Arechiga, from her home.

People assume cities need eminent domain. In January, I emailed development officials of Carson City, Nev., about this. They informed me that although the city can enact it, at the time they knew of no instance of Carson City actually exercising eminent domain in its history.

During these holidays, ponder whether slogans about “the greater good” are justification enough, and if passively condoning eminent domain’s brutality is what we truly want.

Stuart K. Hayashi
Mililani

With sixteen reader comments underneath the online version, this letter of mine was the second-most-commented-upon letter to the editor of the day. First-place was the one about the Second Amendment, at thirty Web comments.

The next day, the Star-Advertiser published yet another letter denouncing HART’s callous violation of the Takaras’ rights. This one came from Charlene Aoki.



The Letter From 2006
Below is my letter of warning back in 2006. There are two different versions of it.

From the Honolulu Star-Bulletin, March 2, 2006:
Will Homes Be Torn Out to Make Room for Rail?

Pablo Wegesend raised an important concern in his Jan. 28 letter to the editor, but we have yet to see anyone address it.

Wegesend said, “With all the talk about light rail, there is one question that needs to be answered: Who’s going to be forced out of the way to make room for light rail infrastructure?”

Good point. What assurance do we have that the City [and] County of Honolulu won’t exercise eminent domain after selecting a route for the fixed-rail system? I find the very idea that the city might have to resort to condemning people’s houses far more unsettling than any increase in the general excise tax.

We shouldn’t rest easy until the City [and] County publicly promises us, in this newspaper’s op-ed pages for everyone to read, that it won’t forcibly confiscate anyone’s private land when the time comes to construct the rail.

Stuart K. Hayashi
Mililani

From the Honolulu Advertiser, March 6, 2006:
Eminent Domain
Don’t Seize People’s Homes for Transit

What assurance do we have that the City [and] County of Honolulu won’t exercise eminent domain after selecting a route for the fixed-rail system? I find the very idea that the city may have to resort to condemning people’s houses over this far more unsettling than any increase in the general excise tax.

We shouldn’t rest easy until the city publicly promises us, in this newspaper’s op-ed pages for everyone to read, that it won’t forcibly confiscate anyone’s private land when the time comes to construct the rail.

If this project requires the seizure of people’s homes, then perhaps it wasn’t such a terrific idea after all.

Stuart K. Hayashi
Mililani

As a follow-up to my own, Reid Ginoza had his own March 17, 2006, letter to the editor published over here.

Yes, in 2006, I said, “We shouldn’t rest easy until the City [and] County publicly promises us, in this newspaper’s op-ed pages for everyone to read, that it won’t forcibly confiscate anyone’s private land when the time comes to construct the rail.”

We know what has happened since then. With the rail project, the city government is on the very unscrupulous path of which we had warned. It should reverse course before it hurts innocent people even more than it already has.


Who is John Galt?

Wednesday, October 04, 2023

The Artist Uprising ✊: The Small Copyright-Holders Strike Back

Stuart K. Hayashi



It seems that perpetually-online people, especially those who upload onto YouTube and TikTok, are finally beginning to understand the importance of intellectual property rights and of how they benefit the little guy. That is a tremendous sea change — very far off from where perpetually-online people were a decade or two before.

1999 was the year of the war over Napster. Napster made its owner and one of its early executives, respectively, into a multimillionaire and billionaire. But Napster successfully convinced the public that it was the underdog. Users who downloaded music without compensating the musicians rationalized to themselves that they were scrappy rebels sticking it to the record companies and only the greediest of the bands, such as Metallica.

Then came the YouTube era. One of its earliest celebrities was Doug Walker, better known as the Nostalgia Critic. YouTube Corporate was still getting accustomed from 2006 to 2008 to learning how to stop users from violating the intellectual property rights of companies like Disney and Viacom. For that reason, YouTube Corporate often acted with too heavy a hand in taking down contents that could potentially cause problems.

That led to YouTube Corporate removing the five-second clips of major motion pictures that Mr. Walker had uploaded. Even as YouTube Corporate learned not to be so heavy-handed anymore, Walker never forgot and never forgave. For that reason, he took great interest in 2010 when Congress introduced a bill known as the Stop Online Piracy Act — SOPA. The bill was very far from perfect. But, as Chris Ruen notes in his book Free Loading, it would not have allowed for the governmental actions that its detractors would go on to accuse it of trying to implement.

Sadly, Jimmy Wales — cofounder of Wikipedia — wound sow much misunderstanding by stating publicly and inaccurately that the bill’s passage would make it easy for any vexatious corporation to invoke SOPA to shut down his website. Doug Walker, still smarting from the takedowns of his videos from years earlier, and not being someone with a sophisticated understanding of public policy, immediately bought into all of the scare stories. He used his YouTube channel and official website — Channel Awesome —to campaign against SOPA. He took the talking points from Jimmy Wales’s movement and amplified them.

Probably much more than Mr. Wales, Doug Walker did a lot to influence the opinions of YouTube’s vloggers. And from much of this, they drew the wrong lessons not merely about a specific bill like SOPA, but about intellectual property rights more broadly. To a large extent, they fostered the impression that copyrights exist mostly so that big corporations like Disney and Viacom can bully little guys like Doug Walker. 

They also liked to cite the incident between video-game streamer “PewDiePie” and online model “Alinity.” PewDiePie uploaded a video showing clips of her so that he could disparage her and other online models as “THOTs.” Alinity saw this and, on one of her own streams, said this made her want to “copy-strike” the man in retaliation. He had, after all, used her intellectual property without her permission. The majority opinion of the users of YouTube was staunchly on the side of PewDiePie. His fans greatly outnumbered hers. They felt aggrieved not merely by Alinity, but that there existed a type of law that could be invoked against their favorite celebrity. Hence, this dispute was repeatedly brought up in insinuations that copyright enforcement is only a method of retribution against one’s critics.

All of this was very convenient for libertarians as, from the 1970s onward, the party line has been to denigrate the need for intellectual property rights. The Mises Institute and Liberty International (formerly the International Society for Individual Liberty) take the hardline route — they demand the abolition of all patents and copyrights. (They conveniently seldom mention trademarks, and they seem not to know about a type of intellectual property right that farmers have for new sexually-bred crops — planet variety protections.)

Other libertarian think tanks, though, take a more discreet approach. They do not say outright that they want a ban of IPRs. They do, however, wait for high-profile court cases where a precedent may be set, such as with the lawsuits over Napster. And, any time there is a chance that the high-profile issue may result in a weakening in the ability to enforce intellectual property rights, these libertarians will produce op-eds and other essays where they write glowingly of such a weakening.

Fortunately, after the Napster wars and Doug Walker’s campaigns, it seems that uploaders on YouTube and TikTok are finally learning the truth. This is due to a phenomenon that these uploaders call “content theft.”

An important aspect of intellectual property rights is the Fair Use doctrine. It allows one copyright holder to take small parts of another copyright holder’s material in order to comment on it. It is the reason why I can quote other authors and explain the areas where I agree or disagree with them. In this commentary, I am taking a snippet of material that is already copyrighted, but doing so in a context removed from the one in which the material first appeared. Hence, my conservatively-limited reproductions of some copyrighted material is “transformative” of that material. When it comes to online videos, Video-Maker 2 may reproduce a small portion of a video from Video-Maker 1 in order to provide the context in which Video-Maker 2 comments on the work of Video-Maker 1.

Over the past three years, some YouTube uploaders have gained large audiences through abusing and stretching the criteria of “fair use” beyond what it was intended for. They have done so by using sections of other person’s videos that are increasingly large, proportion-wise.

The YouTube uploader SSSniperWolf does “reaction” videos where she watches other people’s TikTok videos, sometimes in their entirety without even showing the TikTok username of the person whose clip she is using. The “commentary” consists of nothing more than her reading the caption out loud and orating for the audience everything that happens onscreen. This has contributed to her gaining over 34 million subscribers on YouTube.

On Twitch, Hasan Piker (nephew to The Young Turks founder Cenk Uygar) and “xQC” will run someone else’s video in its entirety on their own stream as they themselves get up and leave the room. This is routinely done without the permission of the video’s actual owner. All the revenue for this goes to SSSniperWolf, xQc, and Hasan — not the persons whose videos they are using. These practices have played a part in making SSSniperWolf and xQc into multimillionaires. It has also done much to enrich Hasan Piker even further, though he was already born into a multimillionaire family. Someone else who had already been rich and who is now doing this, is the former recording artist Jason Derulo, who had a role in the motion picture adaptation of Cats.

The power imbalance in this situation has greatly undermined the Doug Walker-era myth that online copyright protection is just about rich people trampling on poorer people. It is SSSniperWolf, xQc, and Hasan Piker who have the money and power, and who have been violating the intellectual property rights of people who do not have the wealth, influence, or connections that they do.

The foil to content theft is Jack Douglass. He has been on YouTube from its beginning with his channel “JacksFilms.” Much to his credit, he has created a video to articulate how damaging SSSniperWolf’s practices are to the actual creators of the TikTok videos she uses.


Weeks later, Jack did a follow-up video to elucidate on how the situation with SSSniperWolf was even worse than he realized. There have been occasions where, completely unauthorized, SSSniperWolf has used someone’s TikTok video in its entirety and did not bother saying anything about it. There is not even a pretense of “transformative commentary.” As Jack says, “That’s not ‘fair use’; it’s just ‘use.’ ”


And the best news is that Jack’s efforts have not been in vain. Despite having much fewer subscribers and much less clout, an increasing number of people who have had their videos stolen by SSSniperWolf have been successful in invoking their copyrights. By making their copyright claims to YouTube Corporate, they have been able to pressure SSSniperWolf into removing a growing number of TikTok videos that her YouTube channel has appropriated. This is the first video that Jack has made about the recent string of victories.


As I type this out, here is Jack’s most recent summary of the situation. He ends on a hopeful note by talking about how small copyright-holders are showing that they have indeed been able to defend their work from SSSniperWolf.

 

I, too, am hopeful. We are coming to see the extinguishment of the narrative that copyrights are all about big media conglomerates slapping around little guys like Nostalgia Critic. Increasingly, small content-creators, who otherwise might have been taken in by Nostalgia Critic’s narrative, are waking up to the reality of the situation. They are seeing how intellectual property rights protect little guys like themselves.

The next time a relatively popular YouTube channel uploads a video sympathetic to JacksFilms, and I have an opportunity to post an early comment, I should write, “All this content theft goes that that cliché so popular in Silicon Valley, ‘Good artists copy; great artists steal,’ needs to go extinct.”

Monday, May 15, 2023

Laws Are Ultimately Enforced at Gunpoint

My Letter to the Editor in the Honolulu Star-Advertiser


Stuart K. Hayashi





My letter to the editor was published in the Honolulu Star-Advertiser of Monday, May 15, 2023, page A10, year 142, no. 104. It is about how laws are ultimately underpinned by the threat of physical coercion — violence — from police. First I will provide the version I sent to the newspaper. Then I will show what the newspaper printed. Then I will provide further explanation of what I meant by the letter.







What I Sent
This is what I sent to the newspaper.
I’m grateful to UH scholars for studying police uses of force (May 10, 2023) and for the country’s wider conversation on it. There is great inequity in such force being applied disproportionately against socially marginalized people, which reforms must address. But even with reforms, the ability of police to escalate their application of force against stubbornly non-compliant citizens will remain.

Even if the initial penalty is a small civil fine, never-ending refusal to pay it will land someone “in criminal contempt of court” and require police action. Inherently, laws are ultimately enforced by the threat of violence by police. Otherwise, laws could not be enforced.

Therefore, when people demand a new statute to punish or compel certain actions, especially nonviolent ones like drag shows, we should ask ourselves if enforcing the proposed statute is worth the risk of creating more situations that can escalate into violent confrontations with police.


 

What the Newspaper Printed 
This is what the newspaper published.




Letter: Too Much Enforcement Can Be Dangerous

I’m grateful to the University of Hawaii scholars for studying police uses of force and for the country’s wider conversation on it (“Focusing on police use of force on Oahu,” Star-Advertiser, May 10). There is great inequity in such force being applied disproportionately against socially marginalized people, which reforms must address.

But even with reforms, the ability of police to escalate their application of force against stubbornly non-compliant citizens will remain.

Even if the initial penalty is a small civil fine, never-ending refusal to pay it will land someone in criminal contempt of court and require police action. Inherently, laws are ultimately enforced by the threat of violence by police. Otherwise, laws could not be enforced.

Therefore, when people demand a new statute to punish or compel certain actions, especially nonviolent ones like drag shows, we should ask ourselves if enforcing the proposed statute is worth the risk of creating more situations that can escalate into violent confrontations with police.

Stuart K. Hayashi
Mililani Town


 

Further Explanation 
 My letter was in response to this article and this op-ed, respectively.

Since the letter had to be fewer than 150 words, I could not elaborate further.

If I could say more, I would add that when private citizens engage in murder, battery, rape, or poisoning, or show carelessness in transmitting life-threatening pathogens to others, that is the private citizens starting the physical coercion. I also consider it dangerous force when private citizens partake in theft, property damage, intellectual property infringement, fraud, and contract breach. Hence, when police intervene against those actions, the police are merely using violence in retaliation in order to neutralize the parties that started the violence.

But when the law is to punish nonviolent actions, such as people putting on drag shows, it is the law itself that is starting the violence. The same applies if you are minding your own business peaceably and then the law compels particular actions, such as the law forcing you to enlist in the military. When the law punishes nonviolent people or coerces them into particular actions, it is very morally troubling.

Evert time I point this out, Democrats and Republicans go through the same routine. These people indignantly shout at me no, there is no coercion or imposition. They declare that we live in a representative democracy, and there is a Social Contract. According to this Social Contract, by being born and interacting with anyone else, I implicitly commit myself to a Social Contract in which I consent to every single statute and ordinance that exists. I have refuted that rhetoric over here. In reality, for me to be held to any real contract, I would have had to have had the option of rejecting the deal before I had, in any sense, committed myself to it. 

None of the rhetoric about representative democracy and social contracts directly addresses that the law is enforced at gunpoint. Hence, the rhetoric is what I call the “Social Contract” Song-and-Dance.

In the end, I want people to understand that when they say there ought to be a law to address some social issue, in practice this means condoning the potentially lethal use of force against those who stubbornly disobey that law.

I see that the title that the newspaper gave my letter was “Too Much Enforcement Can Be Dangerous.” That makes me worry that my letter put too much emphasis on the word “enforcement.” I do not want to create the impression that I believe that it is OK if we have many statutes and just do not enforce them. The point is that when a statute punishes nonviolent people or compels action from them, the statute’s very existence is the problem. What is dangerous is that there are too many laws themselves — in particular, those that penalize nonviolent people or compel actions from them. I should have ended the letter with “we should ask ourselves if the proposed statute is worth the risk of creating more situations that can escalate into violent confrontations with police.”

Friday, December 06, 2019

Creativity Theory of Economic Value

Stuart K. Hayashi




Note: This essay is something of a follow-up to two others from this blog: “How Intellectual Property Rights Address Economic ‘Scarcity’ ” and “Economic Value of Intellectual Property As a Direct Result of Supply and Demand, Not Labor Inputs: The Shorter Version.”








Market Economics Not a Result of Edenic Abundance Changing to “Scarcity,” But a Result of Transitioning From Poverty to Wealth Creation
“Scarcity” — meaning the fact that there are a finite number of units of a desired good available on the market at any given moment — does influence the free-market price for a good or service. If I really want X and the number of units is dwindling, I have to go through more effort to get it. That would increase the price. But while “scarcity” is important, it is not primary.

Saying “scarcity” is primary in economics gives a false impression. That impression is that the standard with which economics begins is the abundance of Eden, wherein there being an infinity of every desired item reduces each item’s price to zero. To add that economics is about reconciling this “scarcity” with our “unlimited wants” is to imply that we started with this Edenic cornucopia, only for us to have fallen into a degraded state where there are a finite and “scarce” number of goods, for which we must make payments to stingy vendors. On that interpretation, it is not surprising that so many university students are led to believe that vendors make everyone else poorer instead of richer.

For ancient people, some goods, such as fresh air, were a given that indeed could be damaged by more primitive forms of industrialization. (Contrary to much rhetoric from the early 1970s, the solution to such damage is not cutbacks on productivity, consumption, population size, or industrialization, but simply more advanced and efficient forms of industrialization.) But, for the most part, the economic default for ancient people was poverty.

The economic value of most natural resources is not obvious. Lithium is found in the wilderness, and ancient people didn’t find all of its value to be obvious. It took scientists, engineers, and entrepreneurs to discover that, per gram, lithium conducts comparatively large quantities of energy in ways most other metals cannot —in ways even copper cannot. Hence, we use lithium in smartphones. The default is poverty; economic value and wealth — which refer not to monetary units, but the goods and services for which the monetary units are exchanged — are, for the most part, created.




Economic Value Not Inherent in Natural Resources, But Placed Into Them By the Practical Application of the Creative Mind
John Locke at least partially understood this principle. If someone is to rise above mere subsistence, then the land, as it currently exists, is not adequate for living. A homesteader must plant crops and irrigate them. It takes creative effort to convert a patch of land into a habitat suitable for above-subsistence living. But, for this effort, Locke used the term labor, which successors such as David Ricardo and Karx Marx apparently took to mean that physical motions — manual labor only — was the prime mover for wealth creation. But it’s not just movement of the arms and legs that are involved.

Another bodily organ must be used — the cerebrum. Homesteaders have to use their mind to figure out which are the most strategic crop to plant, how best to manage the soil, and how to engineer irrigation channels. The part of the body most responsible for improvement of land and nature is not the arms but the mind. That is the entrepreneurial side of what the homesteader does — the inventive side. The term I use for it is “creativity.” That is the creativity that recognized that wireless telephones could be made smaller and more powerful if a previously overlooked metal called lithium was used in them. And, as John Locke and, to some degree, Adam Smith, conveyed at least implicitly, it is because of the homesteader having created new value in the plot of land that the homesteader should be recognized by law as rightfully owning and controlling it. Logically applying this principle further extends to specific original designs per se — designs for useful products and for artwork.




Two Sides of the Creative Entrepreneurial Process: The Business Executive More on Handling the Labor, The Inventor/Engineer More on Handling the Natural Resources
The consistent theme in economics is that while natural resources and manual labor are important in the creation of material value, they are nothing without Mind Power. When it comes to coordinating the efforts of the manual labor, the mind power comes from the party that is the managerial businessperson — what this essay shall henceforth identify as the “business executive” or just “executive.” Without the business executive providing proper instruction and oversight to them, the manual laborers will be unable to use their muscles to convert the natural resources into useful products. Capital — meaning the machinery and the allocation of resources to the machinery — is also important. But all capital itself is the result of the application of Mind Power in enabling manual laborers to convert natural resources. Capital itself is a product of that process.

When it comes to the use of manual labor to convert natural resources, the business executive’s role, again, falls more on managing the manual-labor side than the natural-resource side, in that the executive focuses more on the overseeing of the manual laborers. That consists of hiring competent ones and rewarding them accordingly, while firing unproductive ones. Engineers and inventors, too, provide instruction to manual laborers to convert natural resources into useful products, but the focus is more on the natural-resource side. Engineers and inventors start off with a knowledge of the scientific principles governing natural resources, and it is from this understanding of natural laws the engineers and inventors draw up their original designs for product features that are useful, practical, and cost-feasible. The inventor-engineer’s instructions to others come in the form of these designs — that is, the diagrammed designs found in patents.




Yes, the Business Executive Is Important and Must Be Wise: Yes, He Still Relies on the Provider of the Patented Invention
By now, you know very well that I think the important and creative role of the executive is underappreciated in our society. You have read my rebuttals to the frequent accusation — made most famously by Karl Marx, but which is far from exclusive to, and long preceding, him — that the executive is a parasite who contributes nothing and simply skims off the manual laborers and the natural environment, who do all the real work. Without the creative and rational decision-making of the business executive, nothing gets done. In this very essay I will add that, by that very same token, the executive is helpless without the inventor and engineer. That is where patents come in.

All products that exist today had to be invented. That even applies to crops. And, since the 1980s, even sexually-bred cultivars have been properly recognized as intellectual property; these are Plant Variety Protections issued by the U.S. Department of Agriculture. Every unit produced by a business comes from a design that was formulated by some engineer. And very few of the most beneficent features of a specific company’s product were designed in-house. The best design features of most companies’ products came from somewhere else.

In an economy without patents, there would be only two avenues in which an inventor can be remunerated for her having originated the useful design features:


  1. The inventor works for a specific firm. The firm pays the in-house inventor.
  2. The inventor is not an official employee of the firm, but the firm pays the inventor directly in the role of some independent contractor or consultant who tells the firm which design features to include in its products.

Again, the problem here is that most firms’ products’ design features were not originated in-house. And if there is no intellectual property protection, every firm can copy every desired design feature without compensating the originator.




Patentable Designs Are the Result of More Than Meditating, Sitting Cross-Legged, and Humming “Ohmmmmmmmm”
This greatly shortchanges the originator — the inventor of the beneficent design features — as design features that are both cost-effective for producer-firms and useful for customers don’t come out of the air. They are the result of an arduous process called Research-and-Development. The “intellectualism” of intellectual property doesn’t mean just sitting on a mountain meditating, sitting cross-legged, and saying “Ohhhhhhhm.” The intellectualism also means going out in the field, performing experiments and, through sensory experience, observing the results. This involves investment capital and natural resources that go into the equipment for conducting these experiments. The development of a new invention is, on the inventor’s part, a combination of both thought and assiduous action, just as it is with a homesteader improving a plot of land.

Now let’s say there’s a business executive who notices beneficent design features that some inventor produced for a product. The inventor doesn’t work for the executive’s firm; that inventor is not paid in-house. And the executive doesn’t have to contract out to the inventor to obtain the results of the inventor’s services. Even if the executive must defray some costs in the process of reverse-engineering the invention, the executive does not have to devote any of the expenditures that made possible the invention. And, without there being any patent protection, this executive can copy the inventor’s design without paying the inventor anything — which means that this executive appropriates the results of this inventor’s creative efforts while contributing nothing to reimbursing the inventor and the inventor’s investors the costs of the R-and-D that made the invention possible.

Without the inventor being reimbursed and remunerated for the R-and-D that produced the invention, we can’t expect many more great inventions in the future — where will the inventor get the resources needed to conduct the R-and-D for her next great invention when she can’t even cover the costs of her most recent invention?

Here, we should not fall prey to a common retort that, in the absence of patents, inventors will still be compensated by being directly employed in-house by firms, which, on account of being the market’s “first mover,” will still rake in a hefty profit before other firms spot the invention on the market and then produce their own knockoffs of that same design. We know that that will not happen. As a case in point, Chinese knockoffs of Yekutiel Sherman’s invention — a smartphone case with a built-in selfie stick — made it to the market before Sherman’s own units did. Firms that pilfer someone’s original design can pilfer the “first-mover advantage” as well.

Such a business executive who pirates inventors’ designs might be wise in many respects. He might be able to identify workers who slack off, and fire them. He might know how to make productive employees feel empowered, with just enough autonomy to keep them satisfied. He might know how to minimize overhead costs, having the best timing in replacing depreciated factory equipment. All of these decisions would be genuine intellectual achievements.

But to the extent that this executive is producing units of an inventor’s design without remunerating the inventor, this executive is freeloading off of the inventor. To the extent that the executive pirates the inventor’s design, that executive is being exploitative and a parasite — and in a manner far more detrimental than anything from Marx’s fevered dreams. And that is indeed the same, in principle, as it would be if you devoted years of creative effort in making a livable homestead, only to find me squatting on it against your consent and providing no remuneration to you.




The Value of a Unit of Product Being Not Only in Its Physicality, But in Its Design, Which Is What the Inventor Provided
Many separate parties, prior to the Wright brothers, tried to produce heavier-than-air flying machines. One such party was Samuel Pierpont Langley, a wealthy official from the Smithsonian Institution and a blood relative to the great financier J. Pierpont Morgan, Sr. But these other parties failed to produce an airplane that had all three of these traits: 1) it could be propelled into the air, 2) it would retain lift while in the air, and 3) it could be steered in the air. The Wright brothers were able to achieve all three criteria because of R-and-D efforts which they had made and which other competing parties had not. Their special advantage, coming from their work, was in their ability to steer their flyer by warping the shape of its wings.

The Wright brothers’ having fulfilled all three criteria was new wealth created. And that new economic value, which heretofore had not existed, can and should be isolated from what an airplane-manufacturing firm does. If a business executive was wise in all of his human-resources management decisions and overhead-cost-cutting, but pirated the Wright brothers’ designs for the units he sold or leased, and profited therefrom, that executive would indeed be stealing from the Wright brothers. He would be stealing from the Wrights the value of the resources they inputted into the R-and-D for their flyer, and for which they were to be reimbursed by any customer or client who directly made use of the product of their R-and-D.

Patents are the recognition that, by default, the inventor places her specific original design on the market on the implicit contractual understanding that those who directly make use of her design will, according to her terms, reimburse and remunerate her for the “scarce” resources she inputted in the creation of her design.
It is through the practicably intellectual combination of thought and action that a homesteader makes a plot livable, thereby producing in land a new value that was not present before. It is by the same token that, through a practicably intellectual combination of thought and action, an inventor produces a cost-efficient and consumer-satisfying new design. And, without these inventor efforts, the business executive is unable to produce units with greatly enhanced and customer-satisfying features. This is not a Labor Theory of Economic Value but a Creativity Theory of Economic Value.




Economic Value Does Not Come Directly From Inputs of Cost or Labor, But Inputs of Cost and Labor Do Directly Influence the Supply Curve
This should not be misrepresented as a Labor Theory of Economic Value in the tradition of David Ricardo or Karl Marx. I am not saying that an item’s price or value is the direct result of the labor or cost inputted into the production of that item. The item’s free-market price and economic value are indeed the direct result of the intersection of the marketplace demand curve with the supply curve. But those who bother to give a close look at marketplace demand and supply, each, will recall the definition for each. The “supply” curve maps the principle that, the more money will be paid to people for providing a particular service, the greater the number of people or firms there will be trying to provide that service. On the converse, if no one can be expected to be paid for rendering a particular service, we should not be surprised if the number of people or firms willing to supply that service dwindles close to nothing.




And a major reason for why it takes a higher price to induce a larger number of people or firms to provide that service is: the provision of any service imposes a cost upon the provider.

Implicit in the supply curve is the inquiry, “Why doesn’t everyone just supply 100-percent of their services for everyone else for free?” The reason why you don’t give away everything you have, and almost work for nothing, is that every service or good you supply to others imposes a cost upon you — a cost in the form of labor or a financial investment. In most cases, people become more willing to supply their services or goods if the price they charge exceeds the cost. Hence, as shown in the supply curve, the higher the price that can be charged for something, the larger the number of people there are who are willing to supply that something.

Because providing a service imposes a cost on the provider, it is not surprising that someone’s willingness to provide that service grows along with the size of the profit that can be realized by becoming a provider. And that applies to the service of providing original new designs which are to be incorporated into units of products.

Because R-and-D costs, in terms of time and resources, are so great for inventors, someone’s reluctance to go through the trouble of producing useful new design features for products will be overcome if there is a lot of money to be made for producing such inventions. Conversely, if there is no money to be made in producing useful new designs, we should not be surprised if hardly anyone is willing to do it.

And because most useful new design features in products are not produced in-house, it is through patents that inventors and engineers are paid. It is through their patents that inventors and engineers are paid for the service of introducing useful new design features to be incorporated into the units of products sold — a service without which business executives cannot substantially improve the units they sell.




Patents As They Relate to the Creativity Theory of Economic Value
The inputs — labor or other costs — that go into supplying a product to the market do not directly determine that product’s economic value. The product’s economic value is directly influenced by the intersection of marketplace supply with demand. But as the scarce inputs — labor and costs — that go into supplying that product do influence the supply curve, such inputs do influence the supply and quantity of innovative new designs regularly introduced onto the market. In that respect, the costs and labor of invention do indirectly influence the supply-demand nexus, and, with it, the economic value and prices of innovative new products. To deny this is to deny the very definition and principle of the “supply” curve in the supply-and-demand nexus.

To damn intellectual property rights is to deny to inventors any formal ownership over the creative efforts that are the fountainhead to all wealth creation.





On December 25, 2019, I edited out of the final two paragraphs, removing two sentences I thought were redundant to the point I already made in the first two sentences of the penultimate paragraph.

Sunday, September 02, 2018

Zuckerberg Built That

Stuart K. Hayashi

Philip Rearden: “They pursue a ruthless, grabbing, grasping, antisocial policy, based on nothing but plain, selfish greed. [...]” [...]  
Hank Rearden: “Philip, say any of that again, and you will find yourself out in the street, right now, with the suit you've got on your back, with whatever change you've got in your pocket, and nothing else.” [ . . . ] 
Philip: “But don’t I have any freedom of speech?” 
Hank: “In your house. Not mine.”
—Ayn Rand, Atlas Shrugged, “The Concerto of Deliverance”



 Hank Rearden’s words need to be repeated to every person who, feeling aggrieved that Facebook doesn’t want to publish his diatribes against Mexicans, pouts that Mark Zuckerberg just owes it to him that Zuckerberg provide him a platform for his diatribes against Mexicans, and demands that the government overrule Zuckerberg’s control over what Zuckerberg peaceably created. The house that is Facebook was built by Zuckerberg; it was not built by the man who wants to use Facebook just to air his endless diatribes against Mexicans.


Photo taken by Jonathan Hoenig.

Sunday, August 19, 2018

Economic Value of Intellectual Property As a Direct Result of Supply and Demand, Not Labor Inputs: The Shorter Version

Stuart K. Hayashi





The following is a summary of the arguments of my much longer essay “Economic Value of Patents As a Direct Result of Supply and Demand, Not Labor Inputs.”



There is no “scarcity” on impractical, harebrained ideas for products, such as “glow-in-the-dark sunscreen.” Nor is there a “scarcity” on very basic, vague ideas for products that the idea generator has neglected to flesh out. But there is a “scarcity” of fleshed-out practicable designs for products. A “practicable design” is for a detailed, diagrammed, unique design for a product that, if put into production according to the design’s specifications, will result in units that supply the satisfaction of marketplace demand to such an extent that market participants would willingly pay for access to units at a price that exceeds the average cost per unit. A patent is granted for such a practicable original design.  By contrast, a patent is not granted for a basic or general or vague idea for a category of product.

Creating such an original practicable design does not come cheap. In order for any vendor to feel confidence in selling units produced from the original design, the original design must work as promised. That consideration necessitates that the inventor run tests to measure the efficacy of units produced from the design. Hence, the inventor invests hours or years of time and labor, as well as invests in equipment, to run the tests needed to arrive at a design that is so practicable that units produced from it will stand a chance at supplying the satisfaction of marketplace demand. The time and labor and resources the inventor invests in the creation of her practicable original design are “scarce,” imposing costs upon her. For that reason, the quantity of practicable original designs for products are “scarce” as well.

Granted, there is no finitude in impractical ideas for products, or in product ideas which remain vague, on account of no one fleshing out such ideas.  Yet there is a finite quantity on original designs for products whose units will efficiently supply the satisfaction of marketplace demand. In effect, if there were no intellectual property protection laws at all, there would still be this preexisting “scarcity” on practicable original designs for new products.

Clients and customers are only willing to purchase product units that are practicable enough to satisfy their marketplace demand.  The very nature of this consideration is the source of the fact that there is a finite quantity on the number of practicable original designs that can exist at any given moment. As a consequence, there is finitude in the supply of practicable original designs for new products. And if inventors are not recompensed for their investment of time and work and resources and equipment into the creation of their practicable original designs, the quantity of new inventions will become scarcer as well.

Not wanting to listen to me, some opponents of patent rights have made the knee-jerk accusation that I am trying to justify patent rights on the basis of the “labor theory of economic value.” That is a straw man on their part. I am not saying that the inventor’s inputs of hard work and other costs are the direct cause of the economic value of the inventor’s practicable original design. Nor are those inputs the direct cause of the price that the inventor expects to be paid for her practicable original design. (When I refer to the “price” of the invention, I do not refer only to the price that the inventor could charge to a firm wishing to possess the patent, but also the royalty the inventor could charge licensees.)

The direct cause of the economic value of the inventor’s practicable original design is that the innovative aspects of the design allow for units produced from the design to supply the satisfaction of marketplace demand to an extent beyond what was capable for all the units that were on the market prior to the inventor having introduced this design of hers.

Here is an example of a patented design making possible the production of units that satisfy marketplace demand more adequately than the next-best-substitutes that were preceded it to the marketplace:

Eventually there was an electrical method of instant communication over the distance of many miles.  This initially came in the form of telegraphy. But the messages sent through telegraphs could only come in the form of a series of short beeps and elongated beeps. A new esoteric language — Morse Code — had to be devised so that written English messages could be encoded into, and then deciphered from, a sequences of short beeps and elongated beeps. If economic value could be measured in “utility points,” we might imagine that someone with ready access to a telegraph might gain an average 1,000 utility points from it.

Then Alexander Graham Bell introduced the telephone. It could transmit and receive electrical signals from distances comparable to those sent and received by telegraphs, but learning and deciphering a code such as Morse Code was no longer needed. There was the new convenience of simply being able to speak one’s own first language and to be understood readily by anyone on the other end of the line who used the same language. Each telephone was a unit produced from a particular design, and it can be said that someone with ready access to a telephone might gain an average 1,500 utility points from it.

If a man who once was able only to use a telegraph obtained 1,000 utility points from that telegraph, and now obtains 1,500 utility points from his telephone, then he has experienced a net gain of 500 utility points. That net gain in 500 utility points per user is the net increase in economic value for which the inventor is responsible.

Once the inventor’s practicable original design is properly recognized as her private property, whatever price she may charge for it — whether it is through licensing or the sale of the patent outright— is rightfully determined by the confluence of marketplace demand with supply.

The fact that patent royalties are rightfully determined by supply and demand is not negated by the simple refusal of many people to acknowledge that the practicable original design should rightfully be considered a form of private property. That is just as the fact that land prices and land rents are rightfully determined by supply and demand is not negated by the simple refusal of many people to acknowledge that a private, improved homestead should be considered a rightful form of private property.

No, that the inventor inputted so much hard work and other costs into the creation of her original design is not the direct cause of her original design’s economic value. If she worked really hard and invested a lot on producing an original design that resulted in units that failed to supply the satisfaction of marketplace demand, the original design would still not be worth much.  Having worked very hard on inventing glow-in-the-dark sunscreen is not sufficient to make glow-in-the-dark sunscreen a valuable product.

When it comes to these practicable original designs that result in units that do superbly supply the satisfaction of marketplace demand, though, the fact that the inventor worked hard and invested time and labor and “scarce” resources into the creation of her original design is not unimportant. It is an important consideration worth my bringing up for a good reason.  It is that the inventor working hard and investing “scarce” resources into the creation of her original design is the direct cause of the fact that such practicable original designs are “scarce” themselves. That consideration necessarily influences the supply curve, that which is necessarily half of supply-and-demand.

This is just as the fact that a homesteader working hard and investing time and labor and “scarce” resources into the improvement of his parcel is an important consideration even though it is not the direct cause of the homesteader’s homestead possessing economic value. The direct cause of a homestead possessing economic value is that its attributes allow for it to supply the satisfaction of marketplace demand. Yet the very reason why that homestead is capable of supplying the satisfaction of marketplace demand, though, is worth noting.  It is that in his investing of time and effort and resources into the improvement of his land, the homesteader’s exercised wise enough judgment in his choices on this enterprise that resulted in the improved land possessing the attributes enabling it to supply the satisfaction of marketplace demand.

The reasons why a particular plot of improved land can and should command a high price on the supply side, is twofold. First, a plot of land is rendered inhabitable as a result of human effort and initiative.  Only a few humans are willing and able to exert the effort and initiative that is needed. That consideration, by itself, is the source of the “scarcity” of improved plots of land. Secondly, each homesteader must make his own judgments in how to improve his land.  This results in different homesteaders making different choices.  Some of these choices end up being better than others. Hence, although two homesteads may have started out as very similar pieces of geographic terrain, one might be end up more suitable than the other in terms of supplying the satisfaction of marketplace demand.  And this will be on account of one homesteader making wiser choices than the other.

Likewise, the reason why a particular patented original design can and should command a very high price is twofold. First, a general idea is fleshed out and converted into a practicable original design as a result of human effort and initiative.  Only a few humans are willing and able to exert the effort and initiative that is needed. That consideration, by itself, is a major cause of the “scarcity” of practicable original designs. Secondly, each inventor must make her own judgments. Different inventors trying to solve the same basic problem will approach that problem from different angles and make different choices. Hence, although two patents might approach the same basic problem or even result in similar devices, one might be more suitable than the other in terms of the satisfaction of marketplace demand.

Thus, no, there is no basis to the accusation of those who immediately proclaimed that my explanation was an attempt to apply the “labor theory of economic value” to inventions and patents. I have not said that the hard work or other costs that the inventor inputted in her creation of her practicable original design is the direct cause of the original design’s economic value.  Nor have I called those inputs the direct cause of the prices that the inventor should be able to charge.

Both (1) the economic value of the practicable original design and (2) the prices that inventor may charge for her services, are the direct result of the practicable original design’s ability to supply the satisfaction of marketplace demand. That the inventor had to input so much hard work or “scarce” resources in order to create her practicable original design, however, factors into both (a) the “scarcity” of practicable original designs as such, and (b) the particular original design’s ability to supply the satisfaction of marketplace demand.  That is, those inputs necessarily influence the supply curve.

Yes, the economic value of the inventor’s invention comes from how the invention supplies the satisfaction of marketplace demand, a new supplying of new satisfaction of marketplace demand that had not happened before. And here is why first dibs on rightful private ownership over the invention should go to the inventor herself: any time new economic value is created, first dibs on rightful ownership over that value must goes to the very same party that created that value. When land is made more valuable on account of the homesteader improving it, first dibs on ownership over the value in that land must go to the homesteader himself.

To recognize that is not to deny that the direct source of the improved land’s value is its ability to supply the satisfaction of marketplace demand. It is proper to recognize that the homesteader’s contribution is what made it possible for that improved land to supply any satisfaction of marketplace demand. Likewise, as an efficacious original design for a product generates a net increase in value in the economy, first dibs on ownership over that value must go to the party that created it: the designer herself.

Recognizing that the designer of new economic value is the one who must exercise legal control over that value — to have legal ownership over it — is simply for the law to ensure that an individual directly experiences and enjoys the consequences of putting her own specific creative choices into action.

The intersection of supply and demand is the direct cause of economic value, but it is not the primary. It is not the default. Neither supply nor demand emerge from a vacuum. The supply curve for some economic value is itself is directly influenced by two important considerations.

The first consideration is that some at least one creative individual — the entrepreneur, and, even more importantly, the designer — must input scarce resources into any effort to provide that economic value. The second consideration is that because providing the value will impose a cost on the creative individual, most such individuals will be reluctant to provide this value unless they are directly recompensed for such efforts by the effort’s beneficiaries. The beneficiaries are better known as “customers.”

For the customers to recompense the creative persons who created the value that the customers enjoy, the customers must have a method for identifying who created what value. That method is the legal mechanism of ownership. The customers recognize a value, find who owns it, and purchase it from the owner. That is why the homesteader who first makes a plot of land livable becomes the original owner of that land. That is why the creator of a new design that produces net gains in economic value is the original owner of that design.

Without recognition that the designer who created new economic value is the original rightful owner of that value, that value will not be supplied onto the market in the first place. To recognize that is to recognize the proper role played by supply and demand, especially the former of the two. It is not to invoke a Labor Theory of Economic Value. This is the Creativity Theory of Economic Value.

Making this observation about inputs by suppliers of new designs is not to deny the importance of supply and demand in being the direct source of economic value. Rather, it is to show how the supply side of the equation is derivative of the consideration for the creative efforts and other costs that a designer must input in the process of supplying a productive new design.




On Friday, November 29, 2019, I added the paragraphs about how the intersection of supply and demand is not the primary or the default, and that supply and demand do not emerge from a vacuum.. That is the day I added that the supply curve is derivative of the consideration that the party that supplies new economic value must incur costs in supplying that value and is therefore reluctant to supply the value unless recompensed. On this day, I also shortened the sentences throughout the essay.