Intellectual Hypocrisy

I don’t believe that intellectual property is a thing. This is why the content of this blog is public domain. Putting content in the public domain is only way that I’m aware of under United States law to legally toss aside the automatic copyright granted on created works. I try to practice what I preach. Not everybody does though. The Internet has given rise to companies that exist by ignoring intellectual property. These companies make products such as t-shirts using other people’s intellectual property. However, some of the artists involved in these venues are rather unhappy that other people would dare copy their works:

The problem of designs being stolen was echoed by other artists. “This is something that plagues the community with great force, and it’s something myself and a numerous amount of other artists have been affected by too many times,” designer Spicy Monocle said in an e-mail interview with Ars. “I know many other artists and myself included try to spread the word, but it’s an upward battle.” Vincent Trinidad, a full-time T-shirt designer—mentioned this issue bleeds over to consumers, too. He said stolen designs tend to be at a lower resolution, creating an end product that isn’t that good.

The issue, however, has developed into more of a gray zone for artists than you’d expect. That’s because when it comes to some of the works being duplicated, many designs depend on using the IPs of other companies.

“Some of it is fair use, but some of it really isn’t,” Kozak says. “So, it’s hard for artists. We’ve thought about making like a big campaign against the sites that are stealing artwork and stuff like that, but then it also brings attention to people who are maybe not, you know, doing something that’s completely sound in the copyright laws.”

Intellectual hypocrisy is a term I like to apply to people who both ignore other people’s intellectual property protections and demand intellectual property protection for their works.

The t-shirt companies mentioned in the article all exist by ignoring intellectual property protections. Most of the time they’re ignoring the intellectual property protections granted to science fiction and video game producers since geeky t-shirts sell well. I have no problem with this. But now some of them are whining about people ignoring their intellectual property protections.

If you’re going to make a business out of ignoring intellectual property protections then you should make your statements consistent with your beliefs instead of wanting rules for thee but not for me.

Supreme Court Rules Against Colorado’s Exoneration Act

Civil asset forfeiture laws are some of the most egregious violations of human rights in existence. The existence of these laws means that one cannot own property in any sense, they can merely possess things until the State claims that those things are tied to a drug crime.

Colorado’s Exoneration Act created a similar environment to civil asset forfeiture. Under the law the State was allowed to keep any seized property even if the suspect was declared not guilty of the charges brought against them. The only way for the rightful owner to retrieve their property was to file a civil suit and prove that they weren’t guilty of the crime (which is different than being declared not guilty). The Supreme Court decided that that process was bullshit:

The case arose after two defendants, Shannon Nelson and Louis Madden, were convicted for sexual offenses and ordered to pay thousands of dollars in court costs, fees and restitution. Between her conviction and later acquittal, the state withheld $702 from Nelson’s inmate account, while Madden paid Colorado $1,977 after his conviction. When their convictions were overturned, Nelson and Madden demanded their money back.

Although a state appellate court sided with them, the Colorado Supreme Court denied their refund request. Instead, the court ruled that Nelson and Madden could reclaim their money only through the state’s Exoneration Act, which requires filing a civil claim and proving “that the person was actually innocent of the crime for which he or she was convicted.”

[…]

Fortunately, the U.S. Supreme Court, in a 7-1 ruling, ruled Colorado’s law was unconstitutional. Writing for the majority, Justice Ruth Bader Ginsburg held that “the Exoneration Act’s scheme does not comport with the Fourteenth Amendment’s guarantee of due process.” Nelson and Madden are “entitled to be presumed innocent” and “should not be saddled with any proof burden” to regain what is rightfully theirs.

Ginsburg forcefully rejected Colorado’s argument that “[t]he presumption of innocence applies only at criminal trials,” and not to civil claims, as under the Exoneration Act: “Colorado may not presume a person, adjudged guilty of no crime, nonetheless guilty enough for monetary exactions.”

I hope that this ruling can act as precedence against the practice of civil asset forfeiture. So long as that set of vile laws exists the concept of innocent until proven guilty can’t exist.

Dialing 911 is Always Risky

You’ve injured yourself and need to get to the emergency room immediately, who do you call? You’ve come across somebody who is obviously distressed and could be suicidal, who do you call? I’d guess that most people would answer with 911. However, dialing 911 in these situations is risky because you can’t be sure if the dispatcher will send medical professionals or an asshole with a badge and a hankering to inflict some violence:

De’Andra Walker, a youth counselor at the shelter, Brittany’s Place, said she called dispatch on Dec. 1 for an ambulance to take the girl to a hospital because she had been cutting herself with a metal object and refused to cooperate with a “safety plan” that would have allowed her to stay.

The counselor called for an ambulance, got a police officer instead, and violence appears to have been the result. In most cases like this the accused officer will claim that they were defending themselves but in this case the officer, at least after the fact, came up with a more creative excuse:

Under questioning by Wold, Soucheray said that the “startle flinch response” is designed to fake someone out and stop them from continuing a behavior.

Of course, his claim about using a “startle flinch response” was nowhere to be found in his report:

Bates noted that in his police report, Soucheray wrote that he struck the girl — not that the girl had alleged he did so.

“…sout of natural reaction, I struck [the girl] in the face with my left hand…,” Soucheray read from his police report.

“Is that phrase [startle flinch response] anywhere in your report?” Bates asked.

“No,” Soucheray said.

So after filling out his report, which stated that he struck the girl in the face, he changed his story. Curious.

Unfortunately, this isn’t an isolated incident. There are plenty of stories of people in need of medical intervention calling 911, getting a police officer instead, and violence erupting. 911 operators should consider making it a standard policy to send medical teams when they’re requested instead of police officers.

Hidden but Obvious Selective Biases

I came across this article, which argues that it’s time to take away voting rights from white men. I don’t have anything to say about the argument in the article itself since I think voting is stupid and pointless. But one paragraph jumped out at me:

At the same time, a denial of the franchise to white men, could see a redistribution of global assets to their rightful owners. After all, white men have used the imposition of Western legal systems around the world to reinforce modern capitalism. A period of twenty years without white men in the world’s parliaments and voting booths will allow legislation to be passed which could see the world’s wealth far more equitably shared. The violence of white male wealth and income inequality will be a thing of the past.

Socialists like to argue that capitalism is bad because it’s a philosophy of white men. However, if we look at the most prominent socialist thinkers we’re left with a trend that socialists like to ignore. Karl Marx? White man. Friedrich Engels? White man. Vladimir Lenin? White man. Mikhail Bakunin? White man. As it turns out, modern socialism appears to be a philosophy of white men as well.

I don’t hold the belief that something is good or bad because it’s predominantly advocated by people of a certain race, gender, religious belief, etc. and the fact that modern socialism is predominantly advocated by white men isn’t the point of this post. The point of this post is that a lot of people practice selection bias that is obvious to anybody outside of their circle but almost entirely unseen by people within their circle.

Socialists, for example, like to accuse capitalism of being a philosophy of white men while ignoring the fact that their philosophy is no different in that regard. They also like to claim that every failed socialist state wasn’t real socialism but was really a capitalist state. To people within their circle, this confirmation bias goes mostly unseen. To those of us outside of their circle, it’s as obvious as a baseball bat to the face. And just in case you think that I’m letting capitalists off of the hook, I’m not. They fall into the same trap. Everybody does. This is why you should always be open to the possibility that your beliefs are wrong.

The Benevolence of Government

Last year the government granted itself permission to widen the scope of warrants when any form of anonymity tools is involved in a case. This expansion, commonly referred to as Rule 41, allows government agents to acquire a warrant that authorizes them to remotely access any computer using, for example, Tor to conceal either its physical location or its users physical locations. Needless to say, the privacy community wasn’t thrilled when news of this expansion broke.

But the privacy community is, unfortunately, relatively small. The government doesn’t really care about it. It’s far more interested in convincing the masses that this expansion of power is a good thing. To demonstrate the value of this power the Federal Bureau of Investigations (FBI) requested and received a warrant to remotely access systems that were infected with a botnet so it could clean the malware:

Mass hacking seems to be all the rage currently. A vigilante hacker apparently slipped secure code into vulnerable cameras and other insecure networked objects in the “Internet of Things” so that bad guys can’t corral those devices into an army of zombie computers, like what happened with the record-breaking Mirai denial-of-service botnet. The Homeland Security Department issued alerts with instructions for fending off similar “Brickerbot malware,” so-named because it bricks IoT devices.

And perhaps most unusual, the FBI recently obtained a single warrant in Alaska to hack the computers of thousands of victims in a bid to free them from the global botnet, Kelihos.

[…]

The FBI sought the 30-day warrant to liberate victims through a new procedural rule change that took effect in December amid worries among privacy advocates that the update would open a new door for government abuse. But the first use of the amendments to Rule 41 of the Federal Rules of Criminal Procedure has assuaged fears, at least for the moment, because the feds used their power to kill a botnet.

How benevolent of the FBI!

This is, of course, a purely propagandistic move. Now when some pesky privacy advocate brings up the heinous nature of Rule 41 the federal government can point to this case and berate the advocate for wanting to help botnet operators. It’s a classic maneuver with a proven track record.

Government is Necessary for Mass Murder

Who will protect the people from murderers without a government, is a common question asked by statists. Who will protect the people from the State, is a common question asked by anarchists.

Of the two dangers, individual murders or the State, which is more concerning? The State because it is capable of mass murder:

Government use of force against ethnic groups is far more effective than private use of force against these same groups. I remember that when I first heard about Hitler at about age eight, and asked my mother who he was, I was told that 15 years earlier he had used tanks and other weapons to try to take over the world. I pictured a nut with some tanks he had bought coming down our highway and invading our small town in rural Canada. I didn’t understand at the time why Hitler was such a threat; I had been raised to believe that the police would protect us. Imagine the shock and sudden surge of overwhelming fear I had when, years later, I learned that Hitler employed the police and, indeed, ran a whole government. That was scary. Even as a child I knew that the government, any government, had more power than anyone who was not in the government, and that when the government passed and enforced a law, you couldn’t legally fight back. That’s when the true terror of Hitler dawned on me.

In the 20th century alone Democide, the act of a government murdering its own people, killed more people than war. A lot more people. But combat deaths should be included as well for the purpose of this post since almost every war in the 20th and 21st centuries has been started and fought by governments.

Nongovernmental murderers aren’t even a blip on the radar when compared to governments. If protection is something you’re truly concerned about then the elimination of government should be your primary mission.

Not Surprising for an Agency with a 95 Precent Failure Rate

Almost two years ago it was revealed that the Transportation Security Agency (TSA) missed a whopping 95 precent of restricted items. You would think that such a damning report would have lead to a top to bottom rework of the agency’s practices. But the TSA is a government agency, which means it doesn’t suffer consequences for failing, unlike market actors, and therefore has no motivation to improve. That’s what, two years later, we still get to read stories like this:

An off-duty policewoman flew from Los Angeles international airport (LAX) to Taiwan with a gun in her hand luggage.

The weapon was not detected during security screening and Noell Grant only realised she was carrying it as she changed planes in Taipei.

At one point I noted that the TSA exists solely to provide warm and fuzzy feelings to passengers who are too ignorant to realize that the agency isn’t securing anything. But as these stories continue to role out even ignorant fools are likely becoming aware of the fact that the TSA is just as ineffective as every other government agency. When that realization sets in the warm and fuzzy feelings of ignorance vanish, which means the agency serves no purpose whatsoever. The TSA should be completely abolished tomorrow.

A Rose by Any Other Name

A rose by any other name would smell as sweet. Likewise, socialism by any other name would smell just as awful.

The United States is in the midsts of a small cultural skirmish. International socialists, often going by the moniker “antifascists,” are locking horns with national socialists, who are going by the moniker “alt-right.” These fights have been mostly silly to outside observers since they more resemble skits from The Three Stooges than Ultimate Fighting Championship bouts. Both sides seem to believe that they’re the exact opposite of each other but in reality they’re mirror images of one another:

People often argue over whether Hitler and Mussolini were “right wing” or “left wing.” More to the point is that both men’s ideologies had roots in the Progressive movement of the turn of the 20th century.

The Progressive movement was closely tied to the philosophy of Pragmatism: the belief that thought is a tool for action and change. In contrast to the ancient and medieval philosophers, for whom philosophy was the contemplation of reality, the Progressives were animated by the desire to mold reality and to harness knowledge for social betterment. Many in the vanguard of progressive thought initially were enamored of Mussolini and even Hitler, considering their dictatorships a useful “social experiment.”

[…]

Complete state control of all aspects of life was seen as highly pragmatic and scientific by many. Nationalism and militarism – elements commonly associated with the Right – were actually key components of the Progressive Era, flourishing in particular under President Woodrow Wilson, as Goldberg documents.

I’m not an “ends justify the means” kind of guy specifically because following that philosophy leads to national or international socialism, which both lead to democide.

I have friends who have cheered and antifascist punching a fascist and other friends who have cheered a fascist punching an antifascist. These friends of mine have been sucked into a trap where they believe each side’s rhetoric about being the opposite of the other side. Personally, I like the idea of locking these two groups into an arena, throwing a few swords into the mix, and letting them fulfill their goal of wiping the other group out. But I digress.

The fight between national and international socialists is no different than the fight between statist libertarians and anarcho-capitalists, with the exception being that the latter hasn’t turned into a Three Stooges skit yet. It’s not a fight between two opposing groups but infighting amongst two factions of the same group that have very minor disagreements.

Everybody is a Terrorist

Denying people listed on government terrorist watch lists the ability to own firearms has been a pursuit of gun control zealots in recent years. They’re not fans of due process and foolishly believe that the government had good cause to add people to those lists. But we keep finding examples of people being added to those lists who have no business appearing on them. Take this three-month old baby for example:

A three-month old baby was summoned to the US embassy in London for an interview after his grandfather mistakenly identified him as a terrorist.

Harvey Kenyon-Cairns had been due to fly to Orlando in Florida for his first overseas holiday, until his grandfather Paul Kenyon made the error on a visa waiver form.

On the part of the Esta form which reads “Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?” Kenyon ticked yes instead of no.

He only learned of his error when his grandson’s travel was refused. “I couldn’t believe that they couldn’t see it was a genuine mistake and that a three-month-old baby would be no harm to anyone,” said the 62-year-old.

I’m not expert but I can’t imagine a three-month old child having the ability to engage in terrorist activities, espionage, sabotage, or genocide. A quick look at the applicant’s date of birth would have lead any sensible person to realize that the checkbox was obviously checked in error. But governments don’t care about common sense, it’s all about the process to them.

Furthermore, having that question is just plain stupid. Anybody with intent of engaging in those activities isn’t going to alert authorities to their intentions on a government form. After all, people who are willing to break more serious laws probably won’t be dissuaded by charges of lying on a government form. The only purpose such a question on a visa application serves is to add a field where an innocent person can make a stupid mistake.

Government lists are horribly unreliable because there are so many ways to get on them and almost no oversight when it comes to adding names to them. That’s why relying on government lists for any form of punishment is stupid. Something as simple as checking the wrong box on a form might get you added to some watch list.