The controversy stems from the creation of the heretofore obscure Shire Society, the several dozen signatories claiming their “commitment to peace, individual sovereignty, and independence.” The signing of the declaration took place in June at the 2010 Porcupine Freedom Festival affectionately known as Porcfest, which is hosted by the Free State Project. (Note: I am a Free State Project participant, but I do have my own reservations about the Shire Society Declaration.)

The drafting of the precise language of the Shire declaration involved about 10 people and took place over several months. The final document borrowed heavily from Smith’s “A New Covenant.” From what I understand, this fact was acknowledged early in the deliberation process, though some were not aware of this at the time of their signing.

Smith’s twofold complaint is that he has not received enough credit for inspiring the society’s declaration and that he could suffer financially if people decide to back the Shire’s document instead of paying Smith two dollars to archive their pledge to his original work. He is also critical of the revisions made by Shire members.

I cannot say this represents all the facts, but they are the most relevant facts I know of. The primary ethical defense for the action of the Shire Society members is that non-tangible objects are fundamentally different from tangible objects insofar as they can be replicated without the destroying the original object. (I agree that much is true.) Consequently, Smith has not been injured by the copying of his original thoughts. Shire defenders lose me when they say restrictions backed by force on the use of non-tangible objects constitute aggression by restricting how users may use their own tangible property in the duplication of existing works.

This last claim is dubious because it tries to state as fact that non-tangible objects cannot be property. [Edit: In the original copy, this paragraph read as if I was expressing that I believe ideas, in and of themselves, can be owned; whereas, I was trying to express that it was someone’s labor that created those ideas.) It should be a simple matter of demonstrating that labor is owned and can be negotiated on what terms a laborer thinks favorable.

All Property is Intellectual Property

Ultimately, I believe the Shire Society should prevail in this case, but the argument against non-tangible property that its defenders put forth is unconvincing.

All wealth is a product of the ideas of the mind. We may use our muscles and bones to move earth or write a play, but our physical body is just a tool of our mind, which propels the use of those tools. As Lysander Spooner said, “There is, therefore, no such thing as the physical labor of men, independently of their intellectual labor.” The motion of our bodies, our labor, is equally non-tangible, yet no one would deny we own our own labor.

The creation of property (wealth that is possessed) is primarily an intellectual exercise by integrating an individual’s abstract and perceptual knowledge of objective reality into concepts to act upon. That is how, counter-intuitively, writers such as Smith can arrange words, which are limitless and therefore valueless in and of themselves, into highly valued books that people find it worth trading their scarce time and labor to read.

The value is found, not in the printed words themselves, but in the usefulness (or entertainment) of the expression of those ideas. The same is true of tangible property. Tangible property is by its nature scarce, but it is not necessarily finite. Wealth is not finite either. It is a product one’s mind, as Ayn Rand said, and endless imagination.

Whether someone’s work is harmed by duplicating it or not is irrelevant to the question of who may use the work.

Property does not exist so much in the physical dimensions of an object as it does in identifying the decision-making interest of the object. It means acquiring “the full services that can be derived from a good,” as Ludwig von Mises said. A property right is the ability to act freely (without the threat of force) and accept the consequences of that action at the exclusion of that same right to others while simultaneously honoring the property rights in relation to other objects.

Resolving Intellectual Property Disputes

The right to free speech is the right to use his or her property to disseminate information, except in cases to coerce others of their property, and the corollary right not to disseminate information. In that respect, the Shire Society has a case for borrowing from Smith’s work.

One possible limit could exist if the information was first acquired conditionally. To illustrate, if I sell a book under a certain explicit condition, such as a restriction on duplication, then I have not sold the full ownership and still retain certain property rights to that particular copy. Of course, the onus is on the original owner to state those restrictions before the transaction. If my customer transferred or lost ownership of the book, the next owner could not morally acquire any greater ownership rights than the previous owner, because I would retain whatever conditions were originally created.

The problem with existing intellectual property law is that the conditions of ownership are set by government law, that is, by force. The involuntary intervention of government enforcement enables intellectual property owners to place far harsher conditions than they could negotiate freely. Effectively, government intellectual property conditions are made under duress and should not be enforced.

In the case before us, Smith set no such additional property conditions on the use of the work on his Web site. And if he did set forth such conditions, the burden of proof would be on him to prove that someone deliberately copied his work and that it was not mere coincidence. The principle is, not that people owns ideas, per se, but they do own the labor that contributed to those ideas. Smith could not claim ownership of a coincidental duplication since he cannot own another’s labor either.

Had Smith clearly stated on his site the terms of use, he would be in the right. Instead, he owes members of the Shire Society an apology for his caustic language. The ambiguities of intellectual property have haunted libertarians for the past 50 years, and they likely will for some time. On the bright side, this is an opportunity for a proof of concept for a dispute resolution organization to resolve.

As I write this, the Free State Project has topped just over 10,000 signers.

The goal of the FSP is to recruit 20,000 liberty lovers who agree to migrate to New Hampshire and see what happens. There is not much more to it, but it could have major social and political influence.

The idea is credited to Jason Sorens, then a Ph.D. student at Yale in 2001 who studied the historical impact of American migration patterns. He concluded that the reason libertarians had failed so miserable was that they were too dispersed among the population. He proposed that the solution would be to concentrate our numbers.

New Hampshire — the “Live Free or Die” state — was chosen by a wide margin for its general pro-liberty disposition and its relatively small state population, only 1.3 million. New Hampshire has the lowest local and state tax burden in the continental United States, the lowest record of violent crime per capita, and the second-lowest dependence on federal spending. There is no seat belt law for adults, no mandatory car insurance, permit-free open carry.

As a FSP signer, I have agree to move within five years of the FSP reaching its goal of 20,000 signers. The only goal of the FSP is to move liberty activists who believe the “maximum role of civil government is the protection of life, liberty, and property.” Approximately one thousand have already made the move. The population of New Hampshire and its citizen legislature reduces the burden of entry for political activists. Several “Freestaters” have been elected to the state legislature and several more have been elected to local office.

Several others have worked outside the conventional political process in promoting liberty. Notably, Free Keene, with the tagline “Peaceful Evolution,” is focussed on promoting a stateless society. One of the earliest movers, Dave Ridley, has long documented just such an evolution.

The FSP hosts two major social events annually. The New Hampshire Liberty Forum, which features leading speakers from around the world, is taking place this weekend. The Porcupine Freedom Festival (PorcFest) takes place one week during the summer. Why the porcupine? Because its quills do no harm unless it is being aggressed against.

Some of the most active FSP members have come from North Texas. In addition to Ridley, Sam Dodson and Russel and Kat Kanning are all locals to the DFW Metroplex.

Anyone looking to achieve “Liberty in Our Lifetime,” no small feat, should give the FSP a look.

The probability of the people in power being individuals who would dislike the possession and exercise of power is on a level with the probability that an extremely tender-hearted person would get the job of whipping master in a slave plantation.

Challenging the premise that one who opposes torture should not practice it, Tarrant County political activist and adviser Chris Howe responded.

How does this quote square with this advice?

That while the probability of a tender-hearted person getting the job of whipping master is low, that should the job be offered, the tender-hearted person should reject the job of whipping master? Instead they should gather around with other tender-hearted people and from a distance complain among themselves: “Oh that new whipping master, he shouldn’t be beating and shackling those men with inalienable rights. It would be far more economical to offer to pay those men a wage and let them come and go from the plantation as they saw fit. The plantation owner would then realize that they wouldn’t need a whipping master to ensure the work got done. Think of the savings”?

I completely understand the limitations on personal resources argument. There is only so much leisure time and only so much of that time to expend toward liberty causes. I know this well as I’ve stretched myself thin. But to leave the bounty of a field that you have sown to rot in the sun strains reason.

If there are other fertile fields available that your skills are better suited, certainly pursue those instead. Just make sure there is someone qualified to offer your arguments on that board. [Note: I made a few punctuation edits to each of Chris' original e-mail to conform to the style on this site. The board referenced in his last sentence is a committee a resident had the opportunity to serve on in a local city.]

I can certainly see Chris’ point about the desire to minimize the immediate harm inflicted. It should also not surprise us, especially Bastiat readers, especially when the means conflict with the ends, that short-term benefits may have unintended consequences. TANSTAFL! [Interestingly, the hypothetical has present-day implications as many libertarians view the current social construction as a form of enhanced slavery.]

I responded.

I think the quote is addressing the corrupting nature of power as much as anything. That is, for a person to become a master whipper, he or she must have taken several steps to be awarded that position, like practicing as an apprentice and proving him- or herself as an effective torturer. So that, even if that young apprentice was at one point a kind and gentle person, all that has been sapped from him or her by leading this contradictory life that on one hand sanctions violence and on the other feels mercy. In the pursuit of greater power, the master whipper most likely would have rationalized in favor of the slave master’s opinion that slavery is proper, and or necessary, to rule others by force.

In a sense, I agree that it would be silly and dumbfounding to just complain amongst ourselves about the violent nature of government. I believe that the most powerful forces in the world are ideas, but they must be expressed to have any effect. Yet those who find value in controlling others are more concerned about votes, money, and staying in power to care about such esoteric concepts.

What I would suggest is that rather than playing damage control, we should go on the offensive, presenting and practicing consistently the ideas of complete liberty, reason, and objective morality (and probably join the Free State Project) to demonstrate to others the practical benefits of our ideas by working together to thwart the arbitrary controls others seek over us.

From The Market for Liberty:

We can bring about a laissez-faire society, but only through the tremendous, invisible power of ideas. Ideas are the motive power of human progress, the force which shapes the world. Ideas are more powerful than armies, because it was ideas which caused the armies to be raised in the first place, and it is ideas which keep them fighting (if this weren’t true, political leaders wouldn’t have to bother with their tremendous propaganda machinery). When an idea gains popular support, all the guns in the world cannot kill it.

In addition, I feel reluctant to compel political independence upon others. If it reassures some to be ordered about and commanded on high, then that is their wish. A great source of antagonism people have with libertarians is they feel they are being “forced” into this mysterious new world without a safety net. Fortunately for them, I am certain that there will be no shortage of people willing to tell others what to do. That I am certain of. And the safety net of the state will not be necessary as we will live in greater peace and abundance.

Chris then responded.

You’re conflating.  The quote is referencing a whipping master, not a master whipper.  It’s a position, not a skill set.  He even mentions “get the job.” He’s referencing that it is an anomaly for an individual who does not like power to seek a position of power.

While the economics of that is true, it’s not the result of a moral people who are capable of governing themselves.

I feel it is a semantic difference. In any case, I think that these various forms of institutionalized oppression are the products of people’s misunderstanding of the necessary conditions for human flourishment. We can probably agree that statism is the most apparent form of oppression, but it is by no means the only one. Even if solid libertarians were to somehow capture control of the government apparatus and sabotage its controls, people would just transition their ideals of how society should function to another vehicle. Meanwhile, our efforts are diverted and principles abandoned (by making political payoffs) to maintain that hold on government. The state is only the current means. It is only the most convenient vehicle for delivering oppression because others grant its legitimacy on some fragile hinges called national security or free riders. Statism is the pretext, an excuse for controlling others.  So long as the notion prevails that one person’s benefit is another person’s loss that pretext will exist. I’m afraid that by confining this individualism philosophy to one aspect of human interaction, in politics, we have diminish the explosive impact of what a society or the bounds of human nature could achieve.

An approach I’ve been trying to develop in my own mind is something of an inside-out approach that focuses on personal development and self-improvement for ourselves and those around us. I think we can realize the benefits of these concepts (emotionally and materially) in a real concrete way. I also think this is more consistent with the principles of individualism because it focuses on changing individuals’ opinions primarily and institutions secondarily, if at all. A certain type of individual will flock to the message of liberty because our message is clear, consistent, and conforms to their own experiences and understandings. If you ask me how this will play out, I can’t say. I agree with Nathaniel Branden that now is the time to showcase the dignity of our volitional nature and exemplify the heroic nature of our accomplishments. I don’t think either is possible with a whip in your hand.

This discussion has been a benefit for myself, because I have been thinking of how to reconcile practicality and principles. Ayn Rand spoke to this better than I could. Those insights continue to bloom in my own mind. I guess I should stress that I don’t think participating in government, through electoral politics for example, is unprincipled. I’ll save what I think those standards to engage the government should be for another post. Also, I want to thank Chris, whom I consider as righteous and politically aware as anyone I know, for letting me share his comments on the site.

I think we’ll be having another FIJA event in the next week or two, when jury trials are being held.

If you’re interested in achieving “Liberty In Our Lifetime,” visit the Free State Project.