Russ Roberts talks with Michael Heller and James Salzman, co-authors of a book on issues with property rights. Roberts says,
I think most human beings think about the historical nature of property rights: something’s either mine or it’s not. And, that’s like my house, as long as I don’t have a mortgage. But, we tend to think of property rights is on or off: one, zero. And, what your book does beautifully is explore the rich nuance and subtlety of property rights, currently and in history.
For a number of reasons, I think that property rights are much more complicated now than they were two hundred years ago.
1. Because we are more likely to live in dense urban settings, what you do with your land affects me in many more ways than if we lived on separate farms or in a small village.
2. A lot of wealth now is intangible. That makes patents and trademarks and business rules more important. My claim to own a machine or a piece of land is pretty easy to verify. Intellectual property creates a lot more ambiguity.
You have to use force to take tangible property from me. But you may not have to use force to take intellectual property. Indeed, I may have to initiate the use of force (perhaps with the government on my side) to stop you from using my ideas. So libertarians do not necessarily support intellectual property. As David S. D’Amato put it,
Libertarians are seldom indecisive or wishy‐washy on the question of intellectual property. We tend either to favor or oppose it strongly, depending on whether we see it as a necessary and proper guardian of legitimate individual rights, or a precarious and inherently unjust form of coercive monopolism. In an era when so much of what is even considered free competition depends on our answer to the intellectual property question, it is important to grapple with the theoretical work that was handed down to us, regardless of our ultimate stances.
My personal view is that information wants to be free, but creators need to get paid. As I see it, not all types of creations should be compensated in the same way. So I don’t take a simple, binary view of intellectual property.
3. There is much more specialization and trade than there was two hundred years ago. That means we depend on many more strangers than was the case back then. As a consumer, when I buy something, I believe–correctly or not–that various rights have been conferred to me. When I rent a bicycle, if the chain breaks when I am ten miles down the trail, do I have the right to be rescued by someone from the bike rental shop? If a drug causes a harmful side effect, do I have a right to compensation from the drug company? from my doctor? from the doctor’s malpractice insurance company? from my own health insurance?
4. Studying the “terms and conditions” for all of the software and web site subscriptions I have purchased probably would take me more than a lifetime. Like most people, I don’t do it. But that means I probably don’t really know what my property rights are.
Overall, if you were a New England farmer in 1800, you could go for months, perhaps your entire lifetime, without encountering a situation in which you were unsure about who owned what. Everything on your land you could sell or give away at will. Today, every time you use your smart phone you probably are encountering a situation in which property rights are unclear. Who owns your email archive? Your location data? Is an app that you “own” something you can sell of give away at will?
Think about all this. Clear, straightforward property rights are probably a necessary condition for a libertarian utopia of minimal government and maximum voluntary exchange. 21st century society requires a lot more governance (not all of which needs to come from government. Social media can censor politicians as well as the other way around).
And if you believe that blockchain by itself can settle all of these property rights issues, you have some work to do to persuade me of that.