How the Americans stole the Ugg boot

Felix Salmon has a great piece responding to a WSJ puff piece on the American trademark troll company that has stolen the name “Ugg boot” then used “intellectual property” laws to impose the absurd claim that the only genuine Uggs are those made in China.

The world would be a lot better off without intellectual property, or at least with a return to the more reasonable rules of the 19th century (14 years copyright, limited patents restricted to actual inventions, trademarks to identify products rather than to stifle competition) and the attempts of the US government to defend IP monopoly rights are one of the many reasons American “soft power” is such a perishable commodity.

The Oz feeling the heat

As many bloggers know, The Australian is hypersensitive to criticism, which is unfortunate, since so much of what is printed in its pages calls out for correction. The most consistent example is its War on Science (particularly climate science). Tim Lambert’s series on the topic is now up to 50 entries.

Until now, the usual MO has been to make the attack without identifying the target, though in such a way that anyone actually involved knows who is intended. For example, I got a whole editorial to myself, in which I was described only as “an opinion writer in a financial tabloid” and as a “green activist” with a “totalitarian mindset”. I’ve finally got around to adding the latter bouquet to my sidebar, along with various other compliments.

But, as the Oz has become more and more openly partisan and dishonest, the criticism has come not only from bloggers and occasional columnists but from leading lights of the journalistic establishment, who can’t be ignored in this way. Laura Tingle had an excellent piece in the Fin (paywalled) and the Oz today identifies Barrie Cassidy and Fran Kelly as fellow-critics. The Oz takes offence at a description by Fran Kelly of “front-page editorialising”, but that’s too generous. Party-line propaganda masquerading as news can be found on every page of the Oz.

And what’s true of the Oz is true of the entire Murdoch empire, from Fox News to the Times of London. The former paper of record[1] was recently forced to print a humiliating retraction of the lies it told about the spurious “Climategate” scandal[2], something which the Oz has (I think) failed to do.

Obviously, Murdoch is not incurring any short-run costs from abandoning the truth. His readers and viewers have demonstrated, over and over, that they prefer comfortable lies to inconvenient truths, on everything from the Iraq war to climate change to birtherism. But sooner or later, the political right in the English-speaking world will pay a heavy price for its collective decision to disregard reality.

fn1. To be absolutely specific, it was the Sunday Times – I’m not sure of its exact relationship to the weekday edition.
fn2. Of course, the real scandal was the theft of private emails, and the use of distorted extracts for defamation, a crime in which almost everyone in the anti-science movement was complicit to some extent or another. Their standards of morality are even lower than their standards of reasoning.

Fresh sand

The sandpit seems to be going well, so I’m starting a new one. Please continue any ongoing discussion in the old sandpit. Meanwhile, this is the place for new side-debates, matters arising, Strocchi-length theoretical expositions and so on.

Status quo ante bellum — Crooked Timber

Nine years after the terror attacks of September 11, 2001, we’ve all had plenty of time to think about war and its justifications. My own views have moved me steadily towards the viewpoint that war is hardly ever justified either morally or in terms of the rational self-interest of those involved. The obvious problem is that, if no one else is willing to fight, an aggressor could benefit by making demands backed by force. It seems to me, however, that this problem can be overcome by admitting that self-defense (including collective self-defense) is justified only to the extent of restoring the status quo ante bellum. That is, having defeated an aggressor, a country is not justified in seizing territory, unilaterally exacting reparations or imposing a new government on its opponent. Conversely, and regardless of the alleged starting point, countries not directly involved should never recognise a forcibly imposed transfer of territory or similar attempt to achieve advantages through war.

This isn’t a novel idea by any means, but I haven’t found an adequate discussion, and the discourse of International Relations theory seems to me worse than useless, being dominated by unrealities like ‘international realism’ , opposed to the strawman of ‘idealism’. Just war theory seems a bit more satisfactory, but I haven’t found it helpful in relation to the hard cases. [1]

Following up on the discussions we’ve had here recently, the status quo ante bellum position can be defended in game-theoretic terms, with no need to invoke unrealistic assumptions about international idealism.

The status quo ante bellum is, in game-theoretic terms, a salient point that provides a natural focus for a coalition, particularly for third countries with no direct stake. An interest in preserving international order provides third countries with a motive not to recognise gains secured by others through military force. While the gainer may be able to secure recognition from close allies, the absence of general recognition renders such gains costly and uncertain to hold, no matter how long they endure.

This isn’t merely a theoretical claim. International practice since 1945 has typically been to deny recognition to territorial gains secured by force, regardless of “facts on the ground”, no matter how long-lasting. Examples include the Indonesian annexation of East Timor (shamefully, Australia was one of the few countries to recognise this claim), the Turkish occupation of Northern Cyprus, the various ‘frozen conflict’ mini-states created under Russian patronage after 1991 and of course the Israeli occupation of the West Bank[2].

But there’s still, it seems to me, a widespread presumption that having gone to war in self-defense (as judged by themselves), countries are entitled to set whatever objectives they see as reasonable. The point of proposing status quo ante bellum as the only legitimate goal is to close off this capacity for self-defense to turn into aggression.

Of course, none of this would matter if the strategic use of military force reliably or even commonly yielded net benefits, as is assumed by ‘realists’ and, until relatively recently, by most holders of, and seekers after, political power. The experience of the 20th century shows the opposite – many cases of wars ending disastrously for those who launched them, and hardly any that produced clear and sustained net benefits.

I don’t intend merely the limited, and obvious point that, taken as a whole, the people of a country that goes to war are worse off as a result. Looking at the evidence, the same is typically true of the ruling classes, and of the individual rulers who make decisions to take their people to war. Of course, there are beneficiaries in the armaments industry and the military hierarchy, but almost any policy, no matter how disastrous, benefits someone.

I haven’t so far discussed the case for humanitarian intervention, punishment of war crimes and so on. The Iraq war showed that if individual governments (or coalitions) are allowed to set themselves up as judges in their own cases, disaster will ensue. The only legitimate basis for such action is a decision of the international community as a whole. At present, the best, admittedly imperfect, bodies for making such decisions are the UN Security Council and the International Criminal Court. The cumbersome nature of their processes mean that many wrongs will go unrighted, and many crimes unpunished. But that is true of all legal systems. And even if such interventions are justified, that does not mean they will be feasible or, if undertaken, assured of success.

Finally, most of what I’ve said about war applies to revolution and other forms of political violence. The fact that the existing order of things is unjust and not amenable to change is not sufficient justification for the certain suffering and far from certain benefits of revolutionary violence. Most revolutions, like most wars fail, and, as with wars, initial success is rarely enduring.

fn1. I’m aware that I’m an amateur dismissing the efforts of the professionals, and therefore likely to have got a lot of things wrong. But, as an economist, I’ve often been on the other end of this kind of criticism, and I think it’s useful to face it.

fn2. I mention this example because it would be silly to omit it, but I absolutely do not want to derail discussion into another rehash of this issue. Any comment referring in any way to the Israel/Palestine conflict will be deleted with prejudice.

My thoughts on 11 September, 2010

Posted via email from John’s posterous

Weekend reflections

It’s time again for weekend reflections, which makes space for longer than usual comments on any topic. In keeping with my attempts to open up the comments to new contributors , I’d like to redirect discussion, as opposed to substantive new contributions, to the sandpit. As always, civilised discussion and no coarse language please.

A slow motion disaster (update)

The floods in Pakistan never produced a dramatic moment like the Boxing Day tsunami. And one flood looks much like another on TV, so it’s hard to comprehend the scale of this disaster. But it is truly one of the worst in recent history, worse even the tsunami in terms of the destruction it has wrought, though not for immediate loss of life. There’s some more information here from Oxfam.

James Farrell ran an election-tipping exercise at Club Troppo, which raised $1150 ($250 from me). I haven’t thought of a gimmick (suggestions appreciated) but I hope we can raise at least as much here. Please give to your favorite charity and record it in the comments box. If you’re shy, email me with the details and I’ll add you to the list as “an anonymous reader”

I’m moving this back up to the top. The disaster is still going on, and help is urgently needed

One last chance

The decision by Queensland coal companies to drop their bid for the track assets of Queensland Rail hands the state’s Labor party one last chance to hang on to office. There is still time to dump the economically silly and politically suicidal idea of a public float for QR, either because the Premier and Treasurer suddenly announce that circumstances have changed (as they did, going the other way, immediately after the last election) or because the Caucus decides that taking a chance on a new leadership team is preferable to the certain oblivion to which Bligh and Fraser are leading them.

According to this poll report, Labor’s primary vote has fallen to a horrendous 29 per cent. Looking at the dismal performance of Federal Labor in Queensland at the recent election, in which the LNP campaigned against Bligh rather than Gillard, there’s no reason to doubt that this would be translated into reality unless something changes. Certainly, on current policies, I’ll be preferencing the LNP ahead of Labor.

The sandpit

I’ve been dissatisfied with the way comments threads have been going for a while, in particular because I feel that they rapidly become dialogues (or competing monologues) involving a small group of regulars. That discourages new commenters from joining in. So, I’m establishing this sandpit post, as a venue for any lengthy discussions that arise, particularly if they are off the original topic. The comments policy regarding civil discussion still applies, but I’ll try to be reasonably lighthanded.

So, my request is that commenters avoid lengthy interchanges on the main comments threads, and take these to the sandpit, where they can debate to their heart’s content. I’ll issue requests along these lines, if necessary, but I’d rather not. I may also impose, or reimpose one comment/thread/day limits on individual commenters to keep things under control.

With that said, fire away

Coalitions

I was too clever by half with my prediction in 2007 that “the Liberal Party will never win another federal election”, but it still looks as if I might be right. My point of course, was not that Labor would be in forever[1], but that the Liberals and Nationals would be forced to merge before they could get back in. The merger has taken place in Queensland, with the result that the current Coalition includes only six members elected as Nationals. The future for Lib-Nat coalitions at state level doesn’t look much better. On current trends, NSW Labor will be wiped out so thoroughly that the Liberals will have a majority in their own right, and anything they give to the Nats will be an exercise in charity. It’s possible that a Lib-Nat coalition could get in at the forthcoming Victorian election, but unlikely, which brings me to a more interesting point.

The Labor-Green-independent coalition that has emerged at the national level is still being treated by the Canberra pundits as an aberration, but it’s becoming the norm for Labor. Labor governments depend on Green support in the ACT and Tasmania. The NT government relies on an independent and the same has been true in the past in SA, Queensland and Victoria. On current indications, the next round of state elections should see Labor beaten in NSW and Queensland (at least if they stick with Anna Bligh and privatisation). Victoria is the state where Green support is strongest, and any remotely fair electoral system would see Labor forced into coalition with the Greens. Whether the Green can actually win enough Lower House seats to bring this about remains to be seen, but Adam Bandt’s win at the national level has certainly brought this into the realm of the possible.

So, it’s entirely possible that, in a decade or two, when we talk about “the coalition”, we’ll be referring to Labor-Green, not Lib-Nat.

fn1. That said, I never anticipated anything like the fiasco by which Labor managed to turn the unassailable position they held in December 09 into the hair’s-breadth margin they nnow hold.