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Thomas M. Miovas Jr.

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Everything posted by Thomas M. Miovas Jr.

  1. DonAthos, you are directly contradicting yourself when you claim the creator has the rights to that one thing he created but not other rights, such as the distribution rights and the reproduction rights. You cannot claim that the possessor of a material thing has the rights to that material thing, and yet the creator has no rights other than to that particular one thing that he made. You have no conception of rights, and you directly contradict a major and fundamental principle of Atlas Shrugged and therefore of Objectivism. That you are permitted to be a moderator on a forum dedicated to Obje
  2. I have a little bit of time on my hand, so I will answer some of the rejections to my position a bit, but I refuse to argue for the sake of arguing. No, my position is not a religious or an intrinsicist position. I had previously blocked a few people in this thread and on oo.net because they have no objective outlook on a free society. If the person creating the product for the very first time does not thereby acquire all imaginable rights to that product by the fact of creating it for the very first time, then there are no rights associated with the creation of a product whatsoever -- which i
  3. I'm through here, and will not respond further to this thread. Have a nice argument in your own irrational way.
  4. Your agreement is not necessary for me to be right. If I point out to you that 2+2=4 and even go as far as pointing out that iiii is four and that ii + ii is iiii is 4, the fact that you disagree or don't get it doesn't mean that I have not pointed out a fact of reality and it is not begging the question for me to re-assert the facts. Second of all, your position is so full of contradictions, that it is one reason I choose not to argue much on oo.net any long -- it's a waste of breath in many cases. If you are going to concede, as you have, that the second guy is not being punished to not
  5. By the way, let me ask you intellectual property rights skeptics a rhetorical question: If you are correct, and the inventor does not lose anything if someone else violates his patent and makes that product without permission, then why do you claim the second guy is losing anything when he does not get the patent because he was second? You see, it's the same issue -- either you have those rights or you don't; and the creator of a unique product has **all of the rights** to that product. Rights is the central issue here, not the material product per se that you can hold in your hands. On this f
  6. You obviously have not read my replies, since I have already answered this issue. Preventing someone else from infringing on your patent, even though he came up with it independently, is not a punishment. It's not a punishment for the same reason that the girl you dated for three years who then falls in love with someone else is not punishing you if she marries him instead of you. And obviously, the second guy in your example seeks to prevent others from transgressing *his* intellectual property rights, since he wouldn't hesitate to file for a patent of his own. The stealing comes into eff
  7. Some other observation on the Pacific Legal Foundation article: I think it is being completely evasive in several of its examples against intellectual property rights. In the pencil example, yes, you can place restrictions on someone using your idea in material form re pencil sharpeners. I'm not sure you could do that for the old fashioned way of whittling it with a knife, since that might come under "prior art," but certainly if you make a machine that sharpens pencils, you can place restrictions on the use of that machine insofar as you choose to be paid for the use of that pencil sharpener.
  8. That's an extremely rationalistic essay trying to make arguments from definitions instead of from the facts of reality. He claims that in law there is a difference between property rights normally recognized as having possession of a material thing versus intellectual property rights which does not necessarily mean you have possession of a material thing (i.e someone else has it and you are placing restrictions on it). But the concept of rights is an abstract concept. As Adam Mossoff points out on his side of the argument above, the fact that there is property rights **at all** stems from man'
  9. Here is a debate on copyrights and patents. I have to agree with Adam Mossoff and Ayn Rand that a patent is a protection of property owned by the inventor / writer and is not something special granted by government favors. As I have argued elsewhere, the designation of a patent or a copyright is a statement before the purchase that you agree to the terms of not reproducing the inventor / writers property. It is not something super-added to the process of creating something new by special government grants. The opposition says it is not something spurred on by the free market, but I see no fl
  10. First of all, Objectivism is NOT libertarianism, and the fact that libertarianism has no principles and no philosophy has been pointed out so many times that if someone states that they are a libertarian then they are automatically not an Objectivist. They have nothing rational to say about rights whatsoever. Second, I did give the objective, fact based, reason to have patents and copyrights in my opening statement on the topic -- the fact is that it takes and individual human mind thinking about reality to come up with a patentable product or an treatise or article of some type that can
  11. The idea that the person trying to get a patent but missing the opportunity by 10 minutes is a case of borderline applications. Yes, the second guy likewise was an innovator (assuming he knew nothing about the first person's ideas and practices); but the second guy filed for a patent in order to block all others from using his product without his permission -- so why should he complain that he didn't get there first? would he have the same opinion if he got their first by 10 minutes; would he permit the second guy filing to have his market as well? I think not. I actually know a guy at work wh
  12. Added an update to my website entry on this topic: Update 04/02/2013: Turns out that JSTOR, the digital archive of academic works, is not run or operated by academia (colleges and universities), but rather a corporation who had negotiated with the originators of certain articles and publications to be the distributor of those in digital format. In other words, they have paid for the right to distribute those articles and papers in digital form. I think this makes the case against Swartz even stronger, though JSTOR dropped the charges after he returned the illegal copies and made a
  13. Thanks for the references re JSTOR and who owns / operates the database. Looks like you are right that academia per se does not run it but rather academia contributes to it, and JSTOR is owned as part of a corporation. While JSTOR did receive some government funds, it doesn't look like it is primarily supported by government funds or tax dollars, which makes the case against Swartz all the stronger, since he can even less be seen as someone returning stolen goods to the people. Of course, there is still the issue of the articles generated by academia who are themselves, in part, funded by tax
  14. It is very important to realize that the action of filing for or declaring a copyright or a patent is NOT a declaration that one cannot think about the ideas behind the products nor can prevent you from you yourself making an improvement on the application of the ideas behind the product. There are absolutely no restrictions of thinking or what you do with ideas in your own mind. The restriction is strictly on the fact that the innovator was the one who brought the idea to physical fruition, made a product based upon an idea, which would not exist without him doing so, and he retains the right
  15. Besides, JSTOR is being completely evasive of the issue of individual rights and intellectual property rights. They make no statement about those issues whatsoever. I would actually expect this from the Leftists in Academia who want to get rid of individual rights and the whole notion of private property and the rights of the producers of human goods and services. I suppose they are in an awkward position, because to stand by individual rights would require them to state that they have no right to the taxes forcefully taken from others to fund their research (at least in part). Like all stradd
  16. I guess you don't have anything to say on the topic yourself, as you want me to read a 66 page study of academic research in the digital age and want me to read JSTOR's commentary about Swartz and their dealing with him. If you find opening, take them. But JSTOR's apologetic response to the issue is not-withstanding the issues I raised. It doesn't justify wholesale theft of intellectual property.
  17. I'm hesitant to start this thread on oo.net due to several issues I have had with people taking the opposite stance and due to my suspicion that even some Objectivists do not understand the nature of copyrights and patents, and hence oppose them. In a moral society -- one in which it takes man's life as the standard and recognizes individual rights as stemming from the nature of man qua man -- issues such as copyrights and patents are an extension of the fact that the creator of a product has the absolute right to set terms and conditions of using his product. To post this message here, I
  18. I am extremely hesitant to get back involved in this thread, for various reasons, but it has taken off and i wanted to point out that I regret starting this thread because I had a false premise in my opening statement / essay. That false premise was that FRB involved the printing out of bank notes to act as money and that I thought it was immoral to print out more bank notes than one has assets for. So, I wanted to delete this thread but don't have that power. FRBanking is no more than the depositor agreeing that his deposited assets can be loaned out by the bank under certain terms and co
  19. http://www.appliedphilosophyonline.com/black_friday_special.htm Black Friday Special: The Morality of Profit by Thomas M. Miovas, Jr. 11/23/2012 On this “Black Friday” where retailers are expected to make a profit and being attacked for doing so, I thought it would be important to explain why making a profit is moral and necessary – and the root of living life the human way. “Economics in One Lesson” by Henry Hazlitt gives a good example of this process: If one plants ten potatoes in the ground and only gets ten potatoes out of the ground at harvest time, no profit is made. However,
  20. Posted a new essay to my club website forum; Black Friday Special -- The Morality of Profit.
  21. Added some clarifying statements and paragraphs to my essay, "The Argument for Freedom -- Why I am not a Libertarian" on my forum for the Pittsburgh Objectivism Society.
  22. Published a news story about the Catholic Church's recent position against Ayn Rand and Objectivism, given that Paul Ryan supported Atlas Shrugged and its individualism, which the Church is morally against. http://www.meetup.com/Pittsburgh-Objectivism-Society/messages/boards/thread/25925312#85811832
  23. Added The Argument for Freedom -- Why I am Not a Libertarian to my message board.
  24. I think some of you are missing my point, which is that one cannot derive the idea of freedom in any other way than to base it on man's factual nature and that he has a mind that is his means of survival and he has a right to use it and to act on it. It's not about this or that government program that needs to be cut or whether someone is for or against fractional reserve banking, it's a broader principle that can only be argued for based upon reason and the facts. I haven't seen Ron Paul or Gary Johnson do this, so I don't think they are rational supporters of individual rights. They do speak
  25. Added the essay "Articulating Freedom -- Individual Rights" to my message board.
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