The Perpetual Three-Dot Column
The Perpetual Three-Dot Column
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by Jesse Walker

Sunday, October 13, 2002
THE RANDIANS AGAIN: Skip Oliva has
caught me in a mistake. The Randian writer notes that, when I was ranting last week about the Ayn Rand Institute's essay on the Eldred case, I said that Amy Peikoff had called Lawrence Lessig a Marxist. In fact, as Oliva notes, the writer merely described Lessig's "attack on money, success and big business" as Marxist, an accusation which falls short of designating Eric Eldred's attorney a full-fledged devotee of Das Kapital.

Not that this makes Peikoff look any better. Attacking money, success, and big business is neither necessary nor sufficient to make an argument Marxist; and at any rate, I don't think that's a very fair summary of Lessig's position. I'd say more, but I'd be repeating myself: It's been nearly three years since I first wrote about Eldred, and readers curious about my take on his battle to reverse the copyright extension can read that article.

I will say something, though, about the larger issue of intellectual property and the Randians. There is a substantial difference between Oliva's argument that the copyright extension may be bad public policy but should be reversed by the legislature instead of the courts -- a reasonable and defensible position, though not one that I share -- and Peikoff's more sweeping statements. Oliva thinks I was wrong to say Peikoff wants to freeze every creator's work in time, but it's hard not to infer that from her essay. I quote: "If those in the 'digital liberties set' plan to have a field day with others' works of creative genius -- bastardizing them into whatever fragments they find appealing, adding any distorting content they choose, then blasting the results all over the Internet -- what is the point of trying to convey to the world one's own vital viewpoint? What is the reward offered for trying painstakingly to create one's vision of truth or of an ideal universe, and to invite readers to share in it, if our nation's highest court gives Lessig's gang a formal sanction to practice intellectual vandalism on the finished product?"

There is a parallel, as I noted, between Peikoff's position on "bastardizing" other people's work and the Ayn Rand Institute's attacks on anyone who uses its idol's ideas in ways that it does not approve. The chief of the institute even describes himself as Rand's "intellectual heir," not on the strength of his own work but because his guru more or less willed her intellect to him upon its death. Whatever your views on intellectual property, you must admit that this is taking things to an extreme.


posted by Jesse 11:34 AM
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