J. Neil Schulman
@ Agorist.com
@ Agorist.com
I just spent the day in what I thought was a business negotiation with a man I’ve known as a libertarian anarchist, conducted by email, only to find out after hours of trying patiently to explain some business principles related to my profession that it wasn’t a business negotiation at all. Near the end, I was told I didn’t get what was going on because I hadn’t read A Book. If only I would read This Book it would explain what I was missing.
Now, I have a journalistic dilemma here. On the one hand I need to quote a pretty big chunk of text written by someone else in a private email. On the other hand, the person who wrote this to me has made it quite clear in public writings that he does not subscribe to the concepts of intellectual property or copyright. On the third tentacle — as my old buddy Sam Konkin used to say — I feel a need not to embarrass my correspondent because I value his friendship and possible future collaborations.
The fear of embarrassing my correspondent has nothing to do with the quality of what I wish to quote — which is really very literary — but with the arguments I need to make in opposition to its author, and the syndrome I believe this writing represents.
Since 1998 I have maintained on my personal website, The World According to J. Neil Schulman, a page titled, “Personal Statement of Information Policy.” I put up this page after another correspondent took issue with my using an email sent to me alone as the basis for a business proposition to a close circle of other associates whom I worked with regularly. The person who wrote to me knew all these others personally; I did not think there was a problem. Yet it caused a rift that lasted many years. So to prevent a repeat of that I posted the following, quoted in part:
I am a writer, a journalist, and a publisher. I consider that all information given to me is for my use in those professions, unless the information contains a notice of copyright or a request for privacy.
I respect copyrights, but operate under the Doctrine of Fair Usage, interpreted liberally. Reciprocally, a major portion of my writings are available free on the World Wide Web to anyone who wants to read them. I’ve placed copyright notices on my writing to define what rights I’m maintaining and what uses I’m granting.
Persons conveying information to me do so at their own risk. Sources requesting secrecy are hereby given notice that I will maintain such secrecy at my sole discretion, according to my utilitarian considerations and personal ethics. If I make a promise to maintain secrecy or privacy on a particular piece of information, I will keep that promise except under duress, or unless in my judgment revealing that information will result in the net saving of lives or property. Don’t expect me to keep your secrets under torture, or under threats to my family. I won’t do it. I’m not a soldier pledged to any cause. But I am a human being with high ethical standards and will try like hell not to cause unwitting harm to others.
If material is sent to me in email, I consider that I have the right to forward it to anyone I choose, or to publish it in any form I choose, unless a specific copyright notice or request for privacy is made within the body of that email message. I take no responsibility for my unwittingly forwarding private email in which no specific request for privacy has been made, or copyrighted materials in which the copyright notice has been stripped from the material. If you “cc” or “bcc” me on an email, I reserve the right to reply as I see fit. If you don’t want me to reply to someone, either don’t include me in the email or conceal the email address of anyone you don’t want to receive a reply. My email software includes in its design the one-click ability to reply to the sender or “reply all” or “forward.” The inclusion of those features means the software designers contemplated that I and millions of others would want to use it and often enough I do. Accusing me of violating “netiquette” because I use features designed into my email software is snobbish, Pharisaical, and lame-brained. Do that to me and the stream of profanity you get will likely be the last email you will ever receive from me. I’ve never suffered fools gladly.
So I feel comfortable in quoting the relevant text here, and not identifying the writer. The writer is free to claim authorship and I’ll be happy to verify it.
Here’s what was written to me:
A lot of my thinking may seem inexplicable if you’ve never read up on the generational cycles theory of history put forth by William Strauss and Neil Howe.
https://secure.wikimedia.org/wikipedia/en/wiki/Strauss_and_Howe
To make a long story short, we’re currently in an approximately 20 to 25 year period in which revolutions are possible, called a Crisis. A
lot of the reason for why that is simply the relative ages of different recurring generational types that can be characterized by certain archetypes. Baby Boomers such as yourself are the Prophet generation, from which arises the visionary leadership in a Crisis that leads by articulating ideals. GenX is a Nomad generation and a Nomad generation contributes the mid-level leaders in a Crisis. The Millenial Generation born after roughly 1985 are the Hero generation — the NEXT “Greatest Generation” of foot soldiers who will make nearly unfathomable sacrifices to secure social change and put their elders to shame with their own good-natured teamwork.Because of this hidden underlying dynamic of social change that Strauss and Howe articulate, particularly in their book “The Fourth Turning”, people seeking to be effective leaders in revolutionary social change during a Crisis must attempt to cultivate the correct archetypical qualities in themselves.
To be blunt, you need be FDR here. Me, [Person 2] and [Person 3] — we’re Patton, Al Capone and Sgt. Rock (not necessarily in that order).
Logistics and organizational policy are our domain. Period.
You don’t have to get with the program if you don’t want to. We’re going to keep doing what we must, though, and won’t be browbeaten or emotionally blackmailed into deviating from that path.
Wow.
Click through to the Wikipedia link my correspondent provided me. That — plus my correspondent’s excellent Plain English Executive Summary — makes it unnecessary for me to read any of Strauss and Howe’s books to know what I’m dealing with: another Marx and Engels, Adolf Hitler or — more benignly — H.G. Wells or Oswald Spengler.
Strauss and Howe don’t see billions of free-will-endowed individuals making moment-by-moment value-judgments on what each of their needs and desires are, which will change the moment the menu changes. Strauss and Howe — and my correspondent — see abstract collective “generations,” “movements,” grand “sweeps of history” — which look very impressive, especially when you see them all shouting in unison at a rally, or marching in goose step.
But Messrs Strauss and Howe can tell you absolutely nothing useful about what will happen tomorrow or the day after that. They don’t understand that the only certainty is the utter and unpredictable uncertainty of each individual participant in the human drama.
My correspondent thinks he’s a libertarian. He heads up a libertarian institution. I just learned today that he’s wrong.
For all the strategic causes he and I have in common — which may yet lead to us working together in common cause — his fundamental understanding of his own species and its Human Action is utterly anti-libertarian.
Perhaps I should have guessed because of the specific discussion we were having. I was offering to write future articles for his institution’s website. They have a policy in place that anything published on their website is released under what’s called a Creative Commons Attribution License. The Creative Commons Attribution License this website uses authorizes anyone to republish the writing under the following conditions:
You are free:
* to Share — to copy, distribute and transmit the work
* to Remix — to adapt the work
As a professional writer whose name is his commercial brand, I can no more allow someone else to rewrite me as they like and put my byline on it than the Walt Disney Corporation can allow someone else to publish cartoons of Mickey Mouse buggering Donald Duck.
So I tried to explain to them — giving extensive examples from close to four decades in the business of how even experienced professional editors and other writers had managed to screw up my writings — why if I was going to release my work under a Creative Commons Attribution License — it would have to be this one:
You are free:
* to Share — to copy, distribute and transmit the work
Under the following conditions:
* Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
* No Derivative Works — You may not alter, transform, or build upon this work.
With the understanding that:
* Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.
I tried to explain — over and over — that while part-time writers, academic writers living off their teaching salary, or ideologues writing merely to express their views wouldn’t have a problem with the first Creative Commons Attribution License, any media professional with experience in reaching millions of people at a time — expanding outreach into the major marketplaces of ideas — would be unavailable without some accommodation of this policy. In essence I said: fix this or continue to work on the margins.
The response I got from this “libertarian anarchist” was an intransigent and continuous restatement of a policy that amounted to “My way or the highway” — and a psychological projection that in my attempts to protect my writing from vandalism or outright sabotage from parties unknown I was being a bully.
I don’t need to go any further, here, on the question of why libertarianism without individualism is a contradiction in terms and a metaphysical impossibility.
The most important reason I have not identified my correspondent — and sincerely hope he does not choose to identify himself — is that it would utterly foil my intent to be as ecumenical as possible in encouraging as big a tent as possible in welcoming any and all who think of themselves as libertarians into the fold.
In strategy my correspondent functions as a libertarian in many, many ways. I would hate to exclude him from libertarian activities and causes, even from his position of leadership.
So I make my point in principle, and by example, but without any intention of actual exclusion.
But what I do need to say something about is that libertarians, anarchists, and socialists of every stripe who make fun of people who use the Bible as their life’s guide are as prone to adopting other Bibles — and that word, if you look it up, means no more nor less than “Book” — as any religious acolyte.
My correspondent, who thinks of himself free from religious dogma, has chosen Strauss and Howe as his apostles, and their books as his gospels.
I also write books.
God save me from the unintended consequence if I ever — like some of my favorite authors have come close to doing — spark my own religion.
June 25, 2010 - 3:14 am
A couple of points: First, I agree that liberty can only be achieved with the recognition that all rights are individual.
I’ve followed this recent trend in your writing loosely, with the article “Mere Liberty” and agree with the assertion that our efforts must be put toward bringing and welcoming as many in to the fold of liberty as possible. For example, there are many that I disagree with, specifically those of the left libertarian flavor, but fine, whatever. See, in my hopeful vision of the future, I don’t need to agree with them, because we are all free individuals with the ability to voluntarily associate with whoever we choose.
With respect to the IP issue… I’m not going to weigh in on this. I’m still conflicted, and continue to study both the pro and anti IP sides of the issue.
Finally, Bibles. I think you’re right, we all have them. For me, I’ve been heavily influenced by a variety of works: Rothbard’s For A New Liberty was a life changing read for me. My first L.Neil Smith novel, Palas rocked my world. Your book, Stopping Power pretty well assassinated what was left of my Minnesota Democratic Farmer Labor Party upbringing. My copy of Boston’s Gun Bible is dog eared and coffee stained. Of course, Heinlein’s Future History is something I look to when I feel all is lost, and need to get some hope back. While short and sweet and not a full blown book, I think the Declaration of Independence is one of the greatest libertarian writings of all time. This list is of course not complete, but what comes to mind at the moment.
June 25, 2010 - 7:05 am
You don’t have to worry about embarassing me, Neil, but I do appreciate your consideration in being somewhat cautious about it.
That said, no exception to our content licensing and publication policy will be made. Long before the excerpt above, specific business reasons for why that has to be that way were offered and you responded with counter-arguments that didn’t, as I see it, directly address those reasons. So, sure, I took things to a more abstract level with the above in order to suggest that you approach things more in an elder (anti-)statesmanlike manner. The fact remains that if we’re actively paying someone to do media placement work, we can’t risk having a newspaper editor who might cut a sentence or two from an op-ed get sued by a hot-blooded writer of ours acting all on their own. Among other reasons. Sorry.
June 25, 2010 - 8:21 am
As promised above, I confirm that Brad Spangler was the author whom I was quoting.
If we’re going to be accurate, I offered you a solution which you declined — that you didn’t have to abandon your current policy regarding anything already published on your site, but that to attract professional writers such as myself you offer the more restrictive Creative Commons license as an alternative, for the reason that you marginalize your organization by imposing a publishing condition that no major author can accept.
Sorry back at you. You don’t know what you’re talking about. I’ve dealt directly with Op-Ed editors at the Los Angeles Times and Orange County Register as just two examples — plus editors at magazines like National Review, Reason, and Liberty, plus book editors at Crown, Simon & Schuster, Ace, and Avon; plus story editors at CBS Entertainment’s The Twilight Zone. I think that gives me a background to understand how this works — and real world professional editors are quite used to working with writers like myself who won’t allow themselves to be rewritten without a chance to review and correct copy.
You’re setting up arbitrary editorial standards that marginalize your web page … and paying someone to make placements while self-eliminating the high-profile writers whose work would be far easier to place.
That was the point I was making: that your inflexible rules cripple your very purpose of outreach.
Neil
June 25, 2010 - 8:26 am
Gosh Brad, good stuff. Professional writers, indeed.
June 25, 2010 - 8:30 am
Not sure what point you’re making, Jim. I defined my terms in my article. A professional writer is one whose byline is a commercial brand that needs to be protected from being attached to inferior products. In any other business it’s called product quality control and protection against brand knock-offs.
June 25, 2010 - 9:24 am
I would be delighted to explain, Neil. Could you advance me an explanation of “I’m dealing with: another Marx and Engels, Adolf Hitler or — more benignly — H.G. Wells or Oswald Spengler.” Because I’m frankly baffled by this concatenation of names.
There are a number of writers currently writing for Centre for a Stateless Society who are indeed professional. They are professional in their nature, comportment, conduct, behaviour, and in the most essential aspect. They are paid to write.
To suggest, as you appear to do, that there is no way for C4SS to attract *professional* writers seems quite beyond reason. I gather that the italics on “professional” was meant to emphasise the sneer.
June 25, 2010 - 9:46 am
Neil, I share your disdain for the Strauss/Howe worldview (and have argued with Brad about it in the past), but I think it odd that you’d say that embracing it disqualifies him from being a libertarian — especially coming so soon after your column bemoaning how quick some people are to dismiss others from the libertarian fold. Unless Brad is using Strauss and Howe to justify some illiberal political position, his libertarianism isn’t affected.
June 26, 2010 - 2:48 am
What they all have in common is that in their approach to figuring out how things work, they don’t see individuals making choices and pursuing their individual interests. All they see is collectives which are so abstract that they end up being maps to nowhere.
There’s professional and professional. Yeah, some writers are factories who turn out product and only care about getting paid; others are craftsmen who care about the quality of what they produce and take pride in it. I’m using the term professional for the latter. No true craftsman allows someone else to ruin their work and keep their name on it. A license that allows unlimited rewriting but keeping the original writer’s name on it is an abomination to anyone who gives a damn about the integrity of their work. Deal breaker. Leaves only those who are so desperate either for cash or for seeing their name in print that they’ll geek.
You gather correctly. I have contempt for people in any field of human endeavor who don’t care about maintaining the quality of their work product. If that makes me a snob, so be it. I call it having standards.
June 26, 2010 - 2:50 am
Jesse, using a collectivist premise that ignores the fundamentals of individualism is problematic for regarding anyone as a libertarian. But if one thinks of himself as a libertarian I consider the best policy is to keep him in the big tent with lines of communication open. There is a breaking point, however it’s fuzzy.
June 26, 2010 - 12:21 pm
Neil, maybe you could clarify a few things that I have found strange:
How strange a notion of property that an html file (this web page), a copy offered freely by you and accepted gratefully by me, and residing now completely and fully on my server, should remain your property and not mine to mutilate, fold, spindle, archive, or delete as I see fit. It is especially strange given that there are multiple ways of exhibiting this file without giving me a copy and keeping the file completely within your own server.
Strange, also, is the defense of individual rights (except my rights to do with property in my possession as I see fit) and eschewing collectivism along side an absolutist membership qualification of the collective named “true craftsmen”. There are many craftsmen who seek to be emulated and view it as flattery.
A less colloquial definition of “professional” includes, as a professional duty, being a teacher and mentor. As a general rule, teachers and mentors do not often claim to retain possession of the wisdom, knowledge, and experience they pass on to pupils.
Perhaps most strange, though, is the fear that your work may be “ruined” by lesser craftsmen. Presumably, you would also have the same problem (though maybe discount the possibility) that someone would improve on your work. In either case, though, given your vigorous defense of your brand, and the quality it represents, wouldn’t the counterfeit be obvious?
July 1, 2010 - 11:47 pm
Hello Neil,
You and I are on opposite sides of the fence on IP. Based on what I’ve read, you lean toward a broad IP scope. (You once told me that copyright terms should never expire.)
While I support IP, I think it’s gone too far. I support a broader interpretation of Fair Use, and would like to see terms shortened so that works enter the public domain much sooner: http://www.hollywoodinvestigator.com/2005/pirate.htm
If we’re ever in L.A. at the same time, we should debate this at the Karl Hess Club.