A Brief History of Copyright

Yeah, sorry to be returning to this topic yet again, I am perfectly aware that I am probably going to be repeating an awful lot of stuff that either a) I’ve said already or b) you already know. Nonetheless, having spent a frustrating amount of time in recent weeks getting very annoyed at clever people saying stupid things, I feel the need to inform the world if only to satisfy my own simmering anger at something really not worth getting angry about. So:

Over the past year or so, the rise of a whole host of FLLAs (Four Letter Legal Acronyms) from SOPA to ACTA has, as I have previously documented, sent the internet and the world at large in to paroxysms of mayhem at the very idea that Google might break and/or they would have to pay to watch the latest Marvel film. Naturally, they also provoked a lot of debate, ranging in intelligence from intellectual to average denizen of the web, on the subject of copyright and copyright law. I personally think that the best way to understand anything is to try and understand exactly why and how stuff came to exist in the first place, so today I present a historical analysis of copyright law and how it came into being.

Let us travel back in time, back to our stereotypical club-wielding tribe of stone age human. Back then, the leader not only controlled and lead the tribe, but ensured that every facet of it worked to increase his and everyone else’s chance of survival, and chance of ensuring that the next meal would be coming along. In short, what was good for the tribe was good for the people in it. If anyone came up with a new idea or technological innovation, such as a shield for example, this design would also be appropriated and used for the good of the tribe. You worked for the tribe, and in return the tribe gave you protection, help gathering food and such and, through your collective efforts, you stayed alive. Everybody wins.

However, over time the tribes began to get bigger. One tribe would conquer their neighbours, gaining more power and thus enabling them to take on bigger, larger, more powerful tribes and absorb them too. Gradually, territories, nations and empires form, and what was once a small group in which everyone knew everyone else became a far larger organisation. The problem as things get bigger is that what’s good for a country starts to not necessarily become as good for the individual. As a tribe gets larger, the individual becomes more independent of the motions of his leader, to the point at which the knowledge that you have helped the security of your tribe does not bear a direct connection to the availability of your next meal- especially if the tribe adopts a capitalist model of ‘get yer own food’ (as opposed to a more communist one of ‘hunters pool your resources and share between everyone’ as is common in a very small-scale situation when it is easy to organise). In this scenario, sharing an innovation for ‘the good of the tribe’ has far less of a tangible benefit for the individual.

Historically, this rarely proved to be much of a problem- the only people with the time and resources to invest in discovering or producing something new were the church, who generally shared between themselves knowledge that would have been useless to the illiterate majority anyway, and those working for the monarchy or nobility, who were the bosses anyway. However, with the invention of the printing press around the start of the 16th century, this all changed. Public literacy was on the up and the press now meant that anyone (well, anyone rich enough to afford the printers’ fees)  could publish books and information on a grand scale. Whilst previously the copying of a book required many man-hours of labour from a skilled scribe, who were rare, expensive and carefully controlled, now the process was quick, easy and available. The impact of the printing press was made all the greater by the social change of the few hundred years between the Renaissance and today, as the establishment of a less feudal and more merit-based social system, with proper professions springing up as opposed to general peasantry, meaning that more people had the money to afford such publishing, preventing the use of the press being restricted solely to the nobility.

What all this meant was that more and more normal (at least, relatively normal) people could begin contributing ideas to society- but they weren’t about to give them up to their ruler ‘for the good of the tribe’. They wanted payment, compensation for their work, a financial acknowledgement of the hours they’d put in to try and make the world a better place and an encouragement for others to follow in their footsteps. So they sold their work, as was their due. However, selling a book, which basically only contains information, is not like selling something physical, like food. All the value is contained in the words, not the paper, meaning that somebody else with access to a printing press could also make money from the work you put in by running of copies of your book on their machine, meaning they were profiting from your work. This can significantly cut or even (if the other salesman is rich and can afford to undercut your prices) nullify any profits you stand to make from the publication of your work, discouraging you from putting the work in in the first place.

Now, even the most draconian of governments can recognise that your citizens producing material that could not only benefit your nation’s happiness but also potentially have great material use is a valuable potential resource, and that they should be doing what they can to promote the production of that material, if only to save having to put in the large investment of time and resources themselves. So, it makes sense to encourage the production of this material, by ensuring that people have a financial incentive to do it. This must involve protecting them from touts attempting to copy their work, and hence we arrive at the principle of copyright: that a person responsible for the creation of a work of art, literature, film or music, or who is responsible for some form of technological innovation, should have legal control over the release & sale of that work for at least a set period of time. And here, as I will explain next time, things start to get complicated…

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The Price of Sex

This is (probably, I might come back to it if I have trouble thinking of material) the last post I will be doing in this mini-series on the subject of sex.  Today’s title is probably the bluntest of the series as a whole, and yet is probably most descriptive of its post’s content, as today I am going to be dealing with the rather edgy subject of prostitution.

Prostitution is famously quoted as being the world’s oldest profession, and it’s not hard to see why. Since men tend to have physical superiority over women they have tended to adopt overlord roles since the ‘hitting other people with clubs and shouting “Ug”‘ stage, women have, as previously stated, tended to be relatively undervalued and underskilled (in regards to stuff other than, oh I don’t know, raising kids and foraging for food with a degree of success often exceeding that of hunting parties, although that is partly to do with methodology and I could spend all day arguing this point). In fact it can be argued that the only reason that some (presumably rather arrogant) male-dominated tribes didn’t just have done with women as a gender is purely down to sex- partly because it allowed them to father children but mostly, obviously, because they really enjoyed it. Thus the availability of sex was historically not a woman’s most valuable asset to her male peers, but since it was something that men couldn’t/would rather not sort out between themselves it took on a great degree of value. It could even be argued that women have been ‘selling’ sex in exchange for being allowed to exist since the earliest origins of a male-dominated tribe structure, although you’d have to check with an actual anthropologist to clarify that point.

Since those early days of human history, prostitution has always remained one of those things that was always there, sort of tucked into the background and that never made most history books. However, that’s  not to say it has not affected history- the availability of pleasures of the flesh has kept more than one king away from his duties and sent his country into some degree of turmoil, and even Pope Alexander VI (a la, among other things, Assassin’s Creed II) once famously hired 50 prostitutes for a party known as the Ballet of the Chestnuts, where their clothes were auctioned off before both courtesans and guests (including several clergymen) crawled naked over the floor to first pick up chestnuts, and later compete to see who could have the most sex. In fact, for large swathes of history, prostitution was considered a relatively popular profession among lowborn women, whose only other choices were generally the church (if you could afford to get in), agriculture (which involved backbreaking toil, malnourishment and a generally poor quality of life), or serving work if you were lucky. It was relatively well-paid, required no real skill, was more exciting than most other walks of life and far less risky than a life of crime. Even nowadays sex workers are held with a degree of respect in many countries (such as The Netherlands and New Zealand) as being people stuck in a difficult situation who really don’t need the law trying to screw over (if you’ll pardon the pun) what little they have.

However, that doesn’t mean, and never has done, that prostitution is just some harmless little sideshow that we should simply ignore. The annual death rate among female prostitutes in the USA is around 200 per 100,000, meaning that over a (say) 10 year career one in fifty are likely to be killed. Compare that to a rate of 118 per 100,000 for America’s supposedly most dangerous profession, being a lumberjack. Added to this is the fact that prostitutes, many of whom are illegal immigrants, runaways or imported slaves, are rarely missed or even noticed by society, so make easy victims for predators and serial killers. Prostitution is often seen as a major contributory factor in the continued spread of STD’s such as HIV/AIDS, and is often targeted by women’s rights groups as being both degrading to women both directly involved and indirectly associated as well as slowing the decline of chauvinist attitudes. Then there is sex tourism (aka travelling to somewhere like Thailand to hire prostitutes because at home people might see you coming out), which is rapidly becoming one of the most distasteful, as well as dangerous & counter-productive, aspects of 21st century tourism. And then, of course, there is sex trafficking, perhaps the lowest of the low as far as all human activities go. Sex trafficking is the practice of abducting young women to sell into slavery as prostitutes, both within a country and across international borders, which would be morally repugnant enough if it wasn’t for the fact that a significant proportion of those trafficked are children, sometimes sold even by their own families. Around three-quarters of human trafficking today, the largest slavery operation in the history of the world, is concerned with the global sex trade, and is the fastest growing criminal activity on the planet. Much of it is connected to other aspects of organised crime, such as the drugs wars in Mexico, and can therefore be directly linked to large-scale theft, murder and smuggling, amongst other crimes. In India & Bangaladesh, some 40% of prostitutes are thought to be children, many of whom use a highly addictive drug linked to diabetes and high blood pressure to make them seem older & fatter (research suggests that men find fuller physiques more attractive when under stress or hardship). Looking through some of these figures & reading some of the stories surrounding them, it’s hard not to be struck by how low humanity has the potential to stoop when it ceases to think or care.

Over the last 100 or so years, as life has got less hard for the average woman and job opportunities have expanded, prevailing attitudes towards, and the prevalence & amount of, prostitution have declined heavily, and it is now frequently seen more as a rather distasteful sideshow to modern living that most would rather avoid. But to contrast against this we have the fact that the industry is both very much alive across the world, but could even be said to be thriving- the ‘labour’ of slave prostitutes is worth tens of billions of dollars worldwide. The trouble is, because it is an inherently seedy sideshow, it is impossible to get rid of, with legislation usually causing it to merely go underground and leading to further degradation in living conditions and welfare of sex workers, and regulating it is similarly tricky. Thus, it’s very hard for governments to know what to do about an industry that they recognise will always be there but is immensely prone to crime, human rights abuse and health issues. Unless the world, in a rather unlikely twist learns to live largely without prostitutes, a black stain is unfortunately likely to remain on our pride and dignity as a race. Exactly how this should be dealt with is still a little unclear.