Forgive me if this has already been mentioned in the thread, but I really do think that compulsory licensing is the answer to this. Here’s my article on it:
http://joshfulton.blogspot.com/2010/06/ending-monopoly-of-ideas-compulsory.html
I watched Kinsella’s latest presentation on the Mises Youtube channel, and I have to say, I wasn’t particularly pleased. …I’m also not particularly pleased that he doesn’t seem to have discussed the idea of complusory licensing on his website. (If you find this idea appealing at all Stephan, please run with it. Popularize it. You have my full permission.)
One thing that I didn’t like about the presentation, and so many other arguments against IP, is that they gloss over the damage it can do to creators.
Kinsella simply laughs at the fact that someone said Dickens’ crusading against the lack of copyright laws in the US might have shortened his life. I don’t know about that. But I do know that he was pissed about it. He came over to America and rallied against it constantly.
Why? Because foreign authors had no copyright protection, which sprung from an American misreading of English copyright law, (I believe the Statute of Anne.) The entire thing sprang from a misinterpretation.
Englad followed suit. They also didn’t have copyright protection for foreign authors. Mark Twain was pissed about it. He had to travel to England (or maybe Canada, I’m not 100% sure) to try to get copyright portection.
Why should these authors not benefit from their work? Other people certainly did. Could Dickens really financially benefit from speaking tours in America?
Also, it had the unintended consequence of popularizing a bunch of English writers in the American market, because the books were so cheap because they had no copyright protection. Of course, American writers didn’t have the same advantage (so to speak).
Seriously, just take even a brief look at Piracy by Adrian Johns:
Here is a review from the Washington Post:
“Johns, a history professor at the University of Chicago, argues that ever since the medieval and Enlightenment eras, corporations have tried to defend their economic interests by searching for intellectual piracy in the private sphere of people’s homes. He says that all of our current debates about intellectual piracy — from Google’s efforts to create a universal digital library to the fight over how vigorous patents should be — have antecedents in the copyright wars of earlier eras.”