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Topic: Intellectual Property - In All Fairness! - page 83. (Read 105893 times)

legendary
Activity: 1218
Merit: 1001
September 22, 2011, 10:19:23 AM
With respect, if you have a gun held to my face, I am entitled to stop you as there is no reason why I should allow you to have the decision about whether I live or die.  IF you have a nuke and I am within range, again I am entitled to stop you for the exact same reason.  

I'm sure you agree with that.

Yes? Though if I own nukes for the purpose of mining or launching things into space, and you mistakenly believed my purpose was to harm you and came to stop me, wouldn't I also have the right to stop you too, either by diplomatic of forceful means?

It doesn't really matter to me whether the means of stopping you are wearing a state or a private badge or no badge at all.  What counts is that the person who has assumed the power to decide if I live or die has that power taken off him.

Does that strike you as fair?

Is the question about the amount of power that the person has? I have the power to decide if someone lives every time I get behind the wheel of my car...

So we are in agreement that we have the right to decide who has the power to kill us.  The specific details over under what circumstances its OK to possess a nuke are implementation issues.  The important thing is that we already have the capacity to control how many people have that power to kill and now you and I are agreed there are circumstances where it is OK to use that capacity.
legendary
Activity: 1680
Merit: 1035
September 22, 2011, 10:10:02 AM
With respect, if you have a gun held to my face, I am entitled to stop you as there is no reason why I should allow you to have the decision about whether I live or die.  IF you have a nuke and I am within range, again I am entitled to stop you for the exact same reason.  

I'm sure you agree with that.

Yes? Though if I own nukes for the purpose of mining or launching things into space, and you mistakenly believed my purpose was to harm you and came to stop me, wouldn't I also have the right to stop you too, either by diplomatic of forceful means?

It doesn't really matter to me whether the means of stopping you are wearing a state or a private badge or no badge at all.  What counts is that the person who has assumed the power to decide if I live or die has that power taken off him.

Does that strike you as fair?

Is the question about the amount of power that the person has? I have the power to decide if someone lives every time I get behind the wheel of my car...
legendary
Activity: 1218
Merit: 1001
September 22, 2011, 09:58:16 AM
Fergalish, I think your problem is that you are assuming your questions are security-based, when they are much more cultural in nature. If we lived in a different culture , where carrying a gun and defending oneself is to be expected, people would be taught how to behave themselves accordingly from a young age, and the two questions you asked wouldn't even be relevant.

I don't know where you live but I started shooting when I was 11.  Fergalish questions are spot on.  I've had a guy hold a gun to my chest after a few drinks and believe me the fact that he should know better and that he had no hostile intention was no comfort at all.

I live in a big socialist city, and am rather far from American Wild West culture. I don't know the answer to this. Would that guy have survived if his actions were considered wildly inappropriate, and everyone else was armed as well?

I grew up in an Irish country town.  Shooting foxes for fur was a tidy earner Smiley
legendary
Activity: 1218
Merit: 1001
September 22, 2011, 09:57:09 AM
What you have done is say "If its dangerous, the private security companies should regulate nukes."  There is no real difference between that and saying "If its dangerous, the state security services should regulate nukes."   If the power to control access to nukes is there, private or state is just a distinction between badges.



That's true, but that is practically the only outcome I can see in a fully privitized society. At the least, you still have a choice if your security options, have some recourse should they screw up, and may still have the freedom to own dangerous materials like nukes if you need them. That's not an option with government.

With respect, if you have a gun held to my face, I am entitled to stop you as there is no reason why I should allow you to have the decision about whether I live or die.  IF you have a nuke and I am within range, again I am entitled to stop you for the exact same reason.  

I'm sure you agree with that.

It doesn't really matter to me whether the means of stopping you are wearing a state or a private badge or no badge at all.  What counts is that the person who has assumed the power to decide if I live or die has that power taken off him.

Does that strike you as fair?
legendary
Activity: 1680
Merit: 1035
September 22, 2011, 09:56:10 AM
Fergalish, I think your problem is that you are assuming your questions are security-based, when they are much more cultural in nature. If we lived in a different culture , where carrying a gun and defending oneself is to be expected, people would be taught how to behave themselves accordingly from a young age, and the two questions you asked wouldn't even be relevant.

I don't know where you live but I started shooting when I was 11.  Fergalish questions are spot on.  I've had a guy hold a gun to my chest after a few drinks and believe me the fact that he should know better and that he had no hostile intention was no comfort at all.

I live in a big socialist city, and am rather far from American Wild West culture. I don't know the answer to this. Would that guy have survived if his actions were considered wildly inappropriate, and everyone else was armed as well?
sr. member
Activity: 504
Merit: 252
Elder Crypto God
September 22, 2011, 09:54:10 AM
Do you feel you have a right to stop us?  If yes, what is the basis of that right?

If I want to buy something from a second party that they rightfully own, third parties have no right to interfere.
legendary
Activity: 1218
Merit: 1001
September 22, 2011, 09:52:29 AM
Fergalish, I think your problem is that you are assuming your questions are security-based, when they are much more cultural in nature. If we lived in a different culture , where carrying a gun and defending oneself is to be expected, people would be taught how to behave themselves accordingly from a young age, and the two questions you asked wouldn't even be relevant.

I don't know where you live but I started shooting when I was 11.  Fergalish questions are spot on.  I've had a guy hold a gun to my chest after a few drinks and believe me the fact that he should know better and that he had no hostile intention was no comfort at all.
legendary
Activity: 1680
Merit: 1035
September 22, 2011, 09:52:06 AM
What you have done is say "If its dangerous, the private security companies should regulate nukes."  There is no real difference between that and saying "If its dangerous, the state security services should regulate nukes."   If the power to control access to nukes is there, private or state is just a distinction between badges.



That's true, but that is practically the only outcome I can see in a fully privitized society. At the least, you still have a choice if your security options, have some recourse should they screw up, and may still have the freedom to own dangerous materials like nukes if you need them. That's not an option with government.
legendary
Activity: 1680
Merit: 1035
September 22, 2011, 09:48:32 AM
Fergalish, I think your problem is that you are assuming your questions are security-based, when they are much more cultural in nature. If we lived in a different culture , where carrying a gun and defending oneself is to be expected, people would be taught how to behave themselves accordingly from a young age, and the two questions you asked wouldn't even be relevant.
legendary
Activity: 1218
Merit: 1001
September 22, 2011, 09:45:23 AM
Here's my train of thought on private ownership of nukes in a libertarian society:

When you own land, you will likely also have a contract with a private security company. That company will make to keep the territories under its contract safe, and will likely either directly own, or contract out, an insurance policy for your property as a service. That way they will both cover you should you get robbed or have your house burn down, and have an incentive to make sure that never happens to you in the first place, since insurance costs money.
Should some nutcase manage to sneak in and detonate a nuke on one of the properties protected by this company, the company will get have its reputation severely damaged, and will lose a lot of money paying for insurance claims and litigation (lawsuits). If nukes blowing up is something that is considered a serious problem in that area, the security company will likely step up to create methods and technologies to help prevent that from happening.
Other security companies may also exist that to allow the ownership of nukes, though they will very likely require you to show that you have a good reason for owning it (likely industreal one only), will very likely require you to pay much higher insurance fees on it, and will probably register you on a publically shared list as a nuke owner. Now, if someone does manage to get one in secret and blow it up somewhere, it again goes back to the security company being accused of failing to monitor for nukes and nutcases, resulting in litigation against the company, and the company trying to find the culprit to either sue them in turn or at least bring them to justice.
As for what if someone decides to not have security company contract? That will mean that the person's property is practically defenseless, and they have no recourse against anything that happens to it, so will likely be considered as a very stupid thing to do.

Start shooting holes in my idea... now.

What you have done is say "If its dangerous, the private security companies should regulate nukes."  There is no real difference between that and saying "If its dangerous, the state security services should regulate nukes."   If the power to control access to nukes is there, private or state is just a distinction between badges.

sr. member
Activity: 440
Merit: 250
September 22, 2011, 09:42:24 AM
Stop avoiding the main issue; if I do prove that a nuke is a threat to me regardless of whether the owner intends violence, are you happy to recognise that we have a right to ban possession of nukes?
It depends on what you mean by threat. If you simply mean that it's dangerous then no.
So a mad crackpot umbrella maker *can* bring his raindrop-triggered nuclear device into a crowded city.  In fact, any *arbitrarily* dangerous item can now be freely handled by any *arbitrarily* incompetent person, as long as they do not intend to use it, or to threaten to use it.  Is that so?

The mere existence of a gun doesn't show intent to cause you harm. Pointing it at you does.
You didn't answer my hypothesis of a child pointing his toy gun at you.  Would you like to try?  Here's the link.


Nobody said nothing bad would happen in a Libertarian world. It's just the only ideology that has the fewest 'is-ought' constructs and logical incompatibilities. Your Socialist/Communist/Oligarchy/Fascist/Name-you-flavor-of-might-makes-right world isn't perfect either, in fact, far from it. I can point out more logical inconsistencies in your ideology than you can in mine. Libertarianism starts with the NAP and builds on that, yours is just majority rules, personal liberties be damned.

But of course you will say that libertarian ideas are too "simplistic" and we must "complicate" them because of the "real world", and due to these supposed "real world" problems, it's just easier to threaten violence upon your neighbor to achieve your goal, than envision some other way. There's more than one way to "skin a cat", and thus, not all means to an end should be justified. I know of one too many politicians, dictators, kings, princes, and thugs that espouse that sort of poppycock.
Once again, THERE IS NO SUCH THING AS PERSONAL LIBERTY EXCEPT INSOFAR AS THOSE AROUND YOU PERMIT IT.  You have been proposed simple problems to solve, and you cannot solve them with your idealogy.  Just in case you've fogotten, here they are again:
Quote from: fergalish
If I am obliged to allow you to bring your normal nuclear weapon into a crowded city, even though I consider it to be extremely risky and hazardous, are you then obliged to allow some crackpot umbrella-maker to bring his raindrop-triggered nuclear weapon into the city, even though *you* consider *that* to be extremely risky and hazardous?
To put it another way: is "freakishly absurd" just how *you* define it, or should we come up with a common definition that we all can understand and agree with?

  • Do I, or do I not, have the right to immediately defend myself, with mortal violence if necessary, as soon as I perceive a threat to my life?
  • Do you, or do you not, have the right to carry a gun into a room where you and I are discussing the solution to a mutual conflict? [assuming guns are in no way regulated by any contract in the given circumstances]
CAN YOU RESOLVE THESE PROBLEMS OR NOT?

It's not like we're giving you complicated problems to solve.  If you make any problem complicated enough, then no political philosophy will solve it.  But THESE ARE PROBLEMS THAT CONCERN THE VERY FOUNDATION STONES OF LIBERTARIANISM ITSELF.  To wit: your liberty and my liberty ARE NOT COMPATIBLE, and I'm using the word 'liberty' in your sense of the word; that is, something I define for me, you for you, Hawker for Hawker, and so on.  How can you "build on top" of something that is fundamentally flawed?

If you cannot or will not solve those simple problems, then answer this: should your ideology be capable of solving real-world problems that real people face, or is it only for imaginary problems faced by imaginary ideal people in imaginary ideal worlds?
legendary
Activity: 1218
Merit: 1001
September 22, 2011, 09:41:44 AM

Lets move from theoretical to something we both know works.

In Ireland and the UK, we regulate fertiliser sales to avoid the making of huge truck bombs.   I'm guessing the US does something similar after Oklahoma.  It has saved thousands of lives.  Empirically we know this works.

Do you feel that regulation is legitimate?



No regulations are legitimate. Only self-defense is legitimate. This is getting tedious.

Thats fine.

We are human and we have the ability work together as a society to protect ourselves.  In this case, we have got together and saved 1000s of lives in one small country by regulating bomb making materials.  You feel this is not legitimate.  Do you feel you have a right to stop us?  If yes, what is the basis of that right?
legendary
Activity: 1680
Merit: 1035
September 22, 2011, 09:39:50 AM
Here's my train of thought on private ownership of nukes in a libertarian society:

When you own land, you will likely also have a contract with a private security company. That company will make to keep the territories under its contract safe, and will likely either directly own, or contract out, an insurance policy for your property as a service. That way they will both cover you should you get robbed or have your house burn down, and have an incentive to make sure that never happens to you in the first place, since insurance costs money.
Should some nutcase manage to sneak in and detonate a nuke on one of the properties protected by this company, the company will get have its reputation severely damaged, and will lose a lot of money paying for insurance claims and litigation (lawsuits). If nukes blowing up is something that is considered a serious problem in that area, the security company will likely step up to create methods and technologies to help prevent that from happening.
Other security companies may also exist that to allow the ownership of nukes, though they will very likely require you to show that you have a good reason for owning it (likely industreal one only), will very likely require you to pay much higher insurance fees on it, and will probably register you on a publically shared list as a nuke owner. Now, if someone does manage to get one in secret and blow it up somewhere, it again goes back to the security company being accused of failing to monitor for nukes and nutcases, resulting in litigation against the company, and the company trying to find the culprit to either sue them in turn or at least bring them to justice.
As for what if someone decides to not have security company contract? That will mean that the person's property is practically defenseless, and they have no recourse against anything that happens to it, so will likely be considered as a very stupid thing to do.


I guess bottom line is, whether government or private, regulation will happen. Question is whether it will happen due to majority-rule imposed government legal sanctions, or through privately owned contract agreements.

Start shooting holes in my idea... now.
sr. member
Activity: 504
Merit: 252
Elder Crypto God
September 22, 2011, 09:36:21 AM
By your logic a sharpened pencil is a weapon  Tongue

There is no hard and fast rule of what counts as a weapon. That's the point.

Stop avoiding the main issue; if I do prove that a nuke is a threat to me regardless of whether the owner intends violence, are you happy to recognise that we have a right to ban possession of nukes?

I've already addressed this. I guess you weren't paying attention. (See: this post) I'll go over it again though. It depends on what you mean by threat. If you simply mean that it's dangerous then no. If you mean that it's mere existence shows intent to cause you harm then you have the right to defend yourself. However, that's complete nonsense. The mere existence of a gun doesn't show intent to cause you harm. Pointing it at you does. Since you don't need to aim a nuclear bomb (for the most part) then it takes something else to show intent, some overt gesture.

Quote
o·vert /ōˈvərt/
Adjective: Done or shown openly; plainly or readily apparent, not secret or hidden.

That's the key word.

Lets move from theoretical to something we both know works.

In Ireland and the UK, we regulate fertiliser sales to avoid the making of huge truck bombs.   I'm guessing the US does something similar after Oklahoma.  It has saved thousands of lives.  Empirically we know this works.

Do you feel that regulation is legitimate?



No regulations are legitimate. Only self-defense is legitimate. This is getting tedious.
legendary
Activity: 1218
Merit: 1001
September 22, 2011, 09:19:42 AM
By your logic a sharpened pencil is a weapon  Tongue

There is no hard and fast rule of what counts as a weapon. That's the point.

Stop avoiding the main issue; if I do prove that a nuke is a threat to me regardless of whether the owner intends violence, are you happy to recognise that we have a right to ban possession of nukes?

I've already addressed this. I guess you weren't paying attention. (See: this post) I'll go over it again though. It depends on what you mean by threat. If you simply mean that it's dangerous then no. If you mean that it's mere existence shows intent to cause you harm then you have the right to defend yourself. However, that's complete nonsense. The mere existence of a gun doesn't show intent to cause you harm. Pointing it at you does. Since you don't need to aim a nuclear bomb (for the most part) then it takes something else to show intent, some overt gesture.

Quote
o·vert /ōˈvərt/
Adjective: Done or shown openly; plainly or readily apparent, not secret or hidden.

That's the key word.

Lets move from theoretical to something we both know works.

In Ireland and the UK, we regulate fertiliser sales to avoid the making of huge truck bombs.   I'm guessing the US does something similar after Oklahoma.  It has saved thousands of lives.  Empirically we know this works.

Do you feel that regulation is legitimate?

sr. member
Activity: 420
Merit: 250
September 22, 2011, 09:11:37 AM
You're right though.  If everyone in the world magically turned into perfect, god-like beings with ZERO variance in opinion, it would work.  And if everyone in the world grew wings we could fly.  But what do those idiotic fantasies have to do with discussing real-world issues?  They can't seem to see the irrelevance.

Nobody said nothing bad would happen in a Libertarian world. It's just the only ideology that has the fewest 'is-ought' constructs and logical incompatibilities. Your Socialist/Communist/Oligarchy/Fascist/Name-you-flavor-of-might-makes-right world isn't perfect either, in fact, far from it. I can point out more logical inconsistencies in your ideology than you can in mine. Libertarianism starts with the NAP and builds on that, yours is just majority rules, personal liberties be damned.

But of course you will say that libertarian ideas are too "simplistic" and we must "complicate" them because of the "real world", and due to these supposed "real world" problems, it's just easier to threaten violence upon your neighbor to achieve your goal, than envision some other way. There's more than one way to "skin a cat", and thus, not all means to an end should be justified. I know of one too many politicians, dictators, kings, princes, and thugs that espouse that sort of poppycock.
sr. member
Activity: 504
Merit: 252
Elder Crypto God
September 22, 2011, 09:08:47 AM
By your logic a sharpened pencil is a weapon  Tongue

There is no hard and fast rule of what counts as a weapon. That's the point.

Stop avoiding the main issue; if I do prove that a nuke is a threat to me regardless of whether the owner intends violence, are you happy to recognise that we have a right to ban possession of nukes?

I've already addressed this. I guess you weren't paying attention. (See: this post) I'll go over it again though. It depends on what you mean by threat. If you simply mean that it's dangerous then no. If you mean that it's mere existence shows intent to cause you harm then you have the right to defend yourself. However, that's complete nonsense. The mere existence of a gun doesn't show intent to cause you harm. Pointing it at you does. Since you don't need to aim a nuclear bomb (for the most part) then it takes something else to show intent, some overt gesture.

Quote
o·vert /ōˈvərt/
Adjective: Done or shown openly; plainly or readily apparent, not secret or hidden.

That's the key word.
full member
Activity: 154
Merit: 103
September 22, 2011, 07:16:01 AM
then the contractually specified court would convict the store owner and either the court-specified enforcement agency enforces the contract

Exactly, so we're back to violence again.  There's no way around it.


You're right though.  If everyone in the world magically turned into perfect, god-like beings with ZERO variance in opinion, it would work.  And if everyone in the world grew wings we could fly.  But what do those idiotic fantasies have to do with discussing real-world issues?  They can't seem to see the irrelevance.
sr. member
Activity: 440
Merit: 250
September 22, 2011, 03:30:11 AM
If I am obliged to allow you to bring your normal nuclear weapon into a crowded city, even though I consider it to be extremely risky and hazardous, are you then obliged to allow some crackpot umbrella-maker to bring his raindrop-triggered nuclear weapon into the city, even though *you* consider *that* to be extremely risky and hazardous?

To put it another way: is "freakishly absurd" just how *you* define it, or should we come up with a common definition that we all can understand and agree with?

Fred, b2c and any other libertarian: do you dare to answer these questions?


edit:
  • Do I, or do I not, have the right to immediately defend myself, with mortal violence if necessary, as soon as I perceive a threat to my life?
  • Do you, or do you not, have the right to carry a gun into a room where you and I are discussing the solution to a mutual conflict?
Question 1: Yes. Question 2: It depends. Who owns the room?
And you have still to answer question 2 in the circumstances where possession of a gun is not addressed in the t&c, if any, of the room where we stand.
sr. member
Activity: 440
Merit: 250
September 22, 2011, 03:20:01 AM
Ahhhhhhhhhhh, AT LAST, we realize that it was Fergalish's, and Hawker's sole intent to annoy Freddy. They weren't interested in logic or reason, law or justice, just annoy and chide... Haaaaa Haaaa. It was just a joke. You really are Libertarians in Socialist clothes. Ahhh, funny, *busting a gut* now.

How "Feraglishisly Absurd" and "Hawkishly Annoying" Wink
Not so.  My intent was merely to expose the flaws in your philosophy; I can't speak for Hawker but his posts have been reasonable, coherent and pertinent.  Unfortunately, the only way to expose those flaws was to escalate the discussion to hitherto unknown levels of absurdity (unregulated nuclear weapons, raindrop-triggered nuclear weapons etc).

Here is your philosophy in a nutshell if I may permit myself, and, by your own admission, it must be logical and coherent:

1. Do no violence except to defend from imminent perceived threats to life, health or property.
2. Do not threaten or damage the life, health or property of another.
3. Honour all your contractual obligations.

Is that more or less correct?  If not, please correct it.

Items (1) and (2) are in direct contradiction with one another where two conflicting parties do not identically interpret the words "violence", "defend", "threat", "life", "health", "property", "damage" AND where the parties are not governed by a comprehensive contract covering ALL possible scenarios.

So I'm not interested in annoying you - that's not the point of a good debate, in fact it would ruin a good debate.  But your reaction here very clearly *suggests to me* that you are unable to resolve the contradiction.  Therefore: your philosophy is flawed.  Defend it or I will *conclude* that you cannot resolve the contradiction, and I will feel entitled to follow your every pro-libertarian comment on this board with a link to this thread stating that your philosophy is flawed and and you are unable to defend the accusation that your libertarianism is inherently contradictory.


So, if we're willing to accept such an absurdity, then yes, "business prevails" logically follows as a violence inhibitor.  
Even then it doesn't work because there's no governing body forcing anything to abide by those agreements.

I sign a contract with you that says if your kid gets hurt in my store, I'll pay all the medical bills.
Sure enough, your kid gets hurt in my store.
You come and ask for money for the medical bills.
I laugh in your face and tell you pound sand - "make me pay out".
Your only option is to resort to violence to hold me to the contract.

There's just no way around it.  It's the nature of our world.  Violence will always be the ultimate decider of whose ideas prevail.  This is why we have a centralized, democratic government that holds the biggest gun, and we all contribute to it to make mutually benefitial rules that we all agree to live by.  Without that centralized power, the man with the biggest gun will make ALL the rules, all by himself.
I agree with you, it is the nature of people and of the world; but try stretching your credulity to the point where, should my kid get hurt, and the owner doesn't pay, then the contractually specified court would convict the store owner and either the court-specified enforcement agency enforces the contract or, irrespective of the prices he offers, everybody stops shopping there because they don't trust the owner to safely operate a store and/or abide by his contractual obligations.

I mean, like that, it could work - I mean IF EVERY SINGLE PERSON THE WHOLE WORLD WIDE suddenly changed their nature and started behaving honestly, it might work.  Except in situations where an honest conflict arises because both parties honestly consider themselves in the right AND no mediator is specified, Fred & b2c have still not proposed an alternative to violence and therefore "MightMakesWinnerMakesRight".
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