Protect IP Act and Internet


A copyright protects a men’s mind contribution in The purest form: ie. in the the origination of ideas. This protection allows for men to freely decide what to do with his creation: give it for free, authorize some uses of it (Creative Commons), prohibit any use of it, sell the rights to the use of the idea.

Now, this recognition of Intellectual Property automatically gives to the owner a value that he can exchange for a specific amount of money and/or recognition. To the owner, this may be the stimulus for which he made the effort of creating and innovating. Also, there are many other retributions and stimulus for men to create. F.A. Hayek mentions that it is for the sake of creation that some intellectuals work and not only for the $. He made a valid point and usually this creator give for free or with some free of charge rights the use of their ideas (via CC like in this blog).

I was shared a video that claims that,

“PROTECT-IP is a bill that has been introduced in the Senate and the House and is moving quickly through Congress. It gives the government and corporations the ability to censor the net, in the name of protecting “creativity”. The law would let the government or corporations censor entire sites– they just have to convince a judge that the site is “dedicated to copyright infringement.”

The government has already wrongly shut down sites without any recourse to the site owner. Under this bill, sharing a video with anything copyrighted in it, or what sites like Youtube and Twitter do, would be considered illegal behavior according to this bill.”

Now, censorship is “the suppression of speech or other public communication which may be considered objectionable, harmful, sensitive, or inconvenient to the general body of people as determined by a government, media outlet, or other controlling body.” You could argue that it is censorship what government officials do when they put fines or take to jail those who are violating copyright rights. But also, you can argue in a higher hierarchy that yes, the officials are taking your right to “disseminate” speech and knowledge because you are violating the rights to property of other members of society. (Remember that private property is stil one of the rights that Americans haven’t managed to completely destroy… but after Patriot Act passed, anything is now possible and the socialization of Property is soon to happen there if nothing changes.)

Now the fallacious error of this video and of the claim of those who consider that Acts like this are violating men’s right to Speech can be found in the initial argument: “PROTECT IP Act is breaking internet”

Why is this fallacious?

It is a false argument because it starts by considering “Property as a non essential characteristic of the entity “Internet“. ie. They start by giving for granted that Internet lacks property rights and that it is only “Internet” when access is collective and a so called public good”. Now, the property rights or non property rights of internet are accessorial characteristics that are determined in context. For example, a chair could have different colors and still be a chair; internet could have private rights in some things and lack property rights in others but still be Internet.

Just as in radio-telecommunication spectrum legislation; If someone (a company) pays the rights of use of internet from other company or government grant and this company decides to restricts the access to the network, connections, websites, etc they have acquired a right to do so.

This private right to do whatever you please in your website enables you to do anything except violating other people’s rights. Since we still consider IP to be an inalienable right, those websites that violate it should be held responsible. That would not be censorship but the recognition of a violation of rights done by a website. That is what the PROTECT IP Act aims to do.

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