Friday, October 17, 2014

Even Frank Lucas Understood IP

Nick Badalamenti emails:

 I got to thinking after your post on Yellen and my comment about the movie, I seemed to remember a scene about "trademark"...sure enough: The latter 2/3's is a great commentary on the value of IP....Can you imagine trying to figure out which "Pepsi" is the real one without IP enforcement?..lol, so absurd


 

8 comments:

  1. "Can you imagine trying to figure out which "Pepsi" is the real one without IP enforcement? ..lol, so absurd"

    Yes, it is absurd to confuse putative theft of property rights on the word "Pepsi" with fraud a bad merchant commits by misrepresenting his "Pepsi" as manufactured by the PepsiCo. (I would add a total failure of imagination about how a world not dominated by brands could function).

    Muddled thinking does lead to absurd ideas such as owning words.

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    1. If words can't be owned, there is no "fraud" if someone decides to name their drink "Pepsi".

      Pepsi becomes just like the word "car". I can't go around suing someone for using the word "car" now can I?

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    2. Agreed. That guy asked him to please stop using "Blue Magic", but if he would not comply to the request, he is merely exercising his right to do what he wants with his property. Pro-IP people want to make ethereal things property which is insane and non-libertarian.

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    3. "Pro-IP people want to make ethereal things property which is insane and non-libertarian."

      How is it "non-libertarian"? Property rights are a totally "libertarian" idea. It is a staple of libertarianism.

      That you've bounded yourself to the physical world in terms of defining property has nothing to do with libertarianism. It's an existential issue.

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  2. Complaining about lack for protection for IP is like the communists complaining about lack of "equality" and "fairness". Its ludicrous. The free market is what rules in a free market, not the elite who benefit from artificial privileges they dream about.

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    1. Michael, I think you're conflating several things. A "free market" is simply " a market system in which the prices for goods and services are set freely by consent between sellers and consumers, in which the laws and forces of supply and demand are free from any intervention by a government, price-setting monopoly, or other authority."(wiki)

      If you and I agree to respect boats as property, and as such I'm not entitled to your point...the market for boats would still be a "free market" as long as the rest of the above definition held. Same goes for IP.

      The whole problem is that some feel that IP isn't property, and some do. I noticed you made a similar post on another IP topic, but I've got my hands full over there so I didn't respond.

      Unfortunately, there is no truly free market I can think of anywhere right now...so you can't even look at any markets today and try to make comparisons.

      No one knows how private enforcement of property rights would work out on a large scale...just guesses/speculations.

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    2. edit: "entitled to your BOAT"(not point)

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