3 ms·

> Assume they’re advocating for some sort of arbitration system. Without IP laws, how would one party force the other into arbitration? Or to be more specific

> Assume they’re advocating for some sort of arbitration system. Without IP laws, how would one party force the other into arbitration? Or to be more specific, if I spend two years writing an excellent novel but Random House legally makes all the money off it it with a pirate edition, why would they enter arbitration with me? They'd just say "get lost," and laugh all the way to the bank.

mcguire 5y ago
Because of the inherently good nature of humanity, the basis of Libertarian assumptions. P.S. Do note that the platform of the Libertarian Party of Colorado explicitly denies that the government has a monopoly on violent force, does not allow the government to initiate violence, and in fact, doesn't describe any way of paying for what force the government may legitimately apply. Enforcing any of your rights requires you to be a part of a more powerful gang than theirs.
notJim 5y ago
Obviously you would raise an army to invade Random House and force them to recognize your claim. If you yourself don't have the funds to hire a sufficient number of mercenaries, what you'd have to do is find a local patron and convince them that they should support you for various reasons. Most likely in this case, you'd have to promise them a significant share of the royalties. Assuming you manage to convince your patron(s), they would then assemble their army and fight Random House's army. If successful on the battlefield, congratulations! I can already feel the Liberty.
JumpCrisscross 5y ago
> Without IP laws, how would one party force the other into arbitration? Contractually. (Non-participants wouldn’t be subject.)
- tablespoon 5y ago
  >> Without IP laws, how would one party force the other into arbitration? > Contractually. (Non-participants wouldn’t be subject.) So the "arbitration" mechanism would be useless in almost all relevant circumstances and is not a serious suggestion.
  - JumpCrisscross 5y ago
    > the "arbitration" mechanism would be useless in almost all relevant circumstances and is not a serious suggestion Not really. Industry arbitration venues exist. So if you want to distribute through such and such channel, or want to buy certain components, part of the agreement is agreeing to certain rules including binding arbitration at certain venues. It’s silly. But not unworkable for most kinds of IP.

mcguire 5y ago

Because of the inherently good nature of humanity, the basis of Libertarian assumptions. P.S. Do note that the platform of the Libertarian Party of Colorado explicitly denies that the government has a monopoly on violent force, does not allow the government to initiate violence, and in fact, doesn't describe any way of paying for what force the government may legitimately apply. Enforcing any of your rights requires you to be a part of a more powerful gang than theirs.

notJim 5y ago

Obviously you would raise an army to invade Random House and force them to recognize your claim. If you yourself don't have the funds to hire a sufficient number of mercenaries, what you'd have to do is find a local patron and convince them that they should support you for various reasons. Most likely in this case, you'd have to promise them a significant share of the royalties. Assuming you manage to convince your patron(s), they would then assemble their army and fight Random House's army. If successful on the battlefield, congratulations! I can already feel the Liberty.

JumpCrisscross 5y ago

> Without IP laws, how would one party force the other into arbitration? Contractually. (Non-participants wouldn’t be subject.)

tablespoon 5y ago
>> Without IP laws, how would one party force the other into arbitration? > Contractually. (Non-participants wouldn’t be subject.) So the "arbitration" mechanism would be useless in almost all relevant circumstances and is not a serious suggestion.
- JumpCrisscross 5y ago
  > the "arbitration" mechanism would be useless in almost all relevant circumstances and is not a serious suggestion Not really. Industry arbitration venues exist. So if you want to distribute through such and such channel, or want to buy certain components, part of the agreement is agreeing to certain rules including binding arbitration at certain venues. It’s silly. But not unworkable for most kinds of IP.