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Re: Hardcore libertarians: explain your anti-IP-rights position to me.
by
Mr2001
on 30/06/2011, 20:55:59 UTC
You say that as though the car itself doesn't matter! First I had a car, then you blew it up, and now I have no car. All I have is a pile of shards that I can't drive to work. Those are tangible damages.
Right, but think about why that matters. It's remarkably subtle. Is it because the car is now worth less? Not really because there is no right to have your property hold its value. Is it because the car won't do what you need it to do? Not really because there is no right to have your property remain useful to you. The crux really is that you suffer actual damages that are fairly attributable to my wrongful act. You have a right not to be the victim of wrongful acts.
That's quite an interesting concept of property rights you have there, but it bears no relation to mine.

I say it matters because my property right is the right to keep my property in the place and the configuration I prefer (provided I have the right to occupy that place). Plain and simple, no weaselly subtleties. It's not about the value or even the utility of my property: it's about the physical matter it's made of, and my control over where it's located and how it's arranged.

That concept of property derives from the nature of physical matter, which is only able to be in one place at a time. You can't drive my car to New York at the same time I want to drive it to Los Angeles. You can't blow it up while I keep it intact. It's one or the other, so we need some means to decide who gets their way. Our society has chosen to do that by assigning an owner to the car and letting the owner decide where it will be. Since I'm the owner, you're violating my property rights if you move or alter the car against my will; the damages I suffer are approximately equal to the cost of restoring it to the way I want it.

Rights have to have some source. There has to be some wrongful act or some negligence or you have to meet one of the narrow special cases where this is not required (strict liability). If you can kill with legal blows, that's fair.
This seems circular. How do we know whether an act is "wrongful" without knowing whether it violates rights?