Risk, capital markets and the future: a new generation of policy reform

Everything old is new again:
Adam Smith, the Wizard of Web 2.0,
the Rhetorician of Remix
Copyright Future: Copyright Freedom,
Canberra, 27th May, 2009
Nicholas Gruen
Member of the Review Panel into Australia’s National Innovation System
Consultant to Department of Finance and Deregulation and AGIMO on
continuous improvement in regulation and Government 2.0
1
1
Outline
–
–
James Boyle’s quest for a new ‘politics of IP’
Smith’s intellectual project
• The invisible hand and public goods
• The interactivity of human culture
• Human motivation
–
Web 2.0
• The invisible hand and public goods
• The interactivity of human culture
• Human motivation
–
2
Concluding comments on copyright
2
Boyle’s Quest
– A new politics of Intellectual Property
[C]ourts are traditionally much less sensitive to First Amendment, free speech
and other "free flow of information arguments" when the context is viewed as
private rather than public, or property rather than censorship. Thus, for example,
the Supreme Court will refuse to allow the state to ban flag burning, but it is quite
happy to create a property right in a general word such as "Olympic," and allow
the word to be appropriated by a private party which then selectively refuses
public use of the word. Backed by this state-sponsored "homestead law for the
English language," the United States Olympic Committee (USOC) has decreed
that the handicapped may have their "Special Olympics," but that gay activists
may not hold a "Gay Olympics." The Court saw the USOC's decision not as state
censorship, but as a mere exercise of its private property rights. (Emboldened,
Chief Justice Rehnquist applied the same argument to the American flag.)
– Are we there yet?
3
3
Smith’s intellectual
project
Reclaiming self-interest from
“those whining and melancholy
moralists who are perpetually
reproaching us with our
happiness, while so many of
our brethren are in misery.”
4
4
Smith’s intellectual project
• Enlightened self interest => virtue
• The Newtonian Method or ‘enchaînement’
“an immense chain of the most important and sublime
truths, all closely connected together by one capital
fact, of the reality of which we have daily experience”
– Economics - ‘truck barter and exchange’
– Social Psychology – the principle of sympathy
5
5
Sympathy
• Not just taking the side of the other
– Perhaps mostly not that
• Sympathy is social epistemology – how we know what it’s
like for others
As we have no immediate experience of what other men feel,
we can form no idea of the manner in which they are affected,
but by conceiving what we ourselves should feel in the like
situation. Though our brother is upon the rack, as long as we
ourselves are at our ease, our senses will never inform us of
what he suffers. They never did, and never can, carry us
beyond our own person, and it is by the imagination only that
we can form any conception of what are his sensations.
6
6
The search for approbation
•
•
•
•
We crave approbation and fear disapproval
We internalise the social mores of our society
Conscience is the ‘impartial spectator’
Smith the rhetorician
– Praising virtue
– Blaming vice
• Every savage undergoes a sort of Spartan discipline, and by the necessity of
his situation is inured to every sort of hardship. . . Fortune never exerted more
cruelly her empire over mankind, than when she subjected those nations of
heroes to the refuse of the jails of Europe, to wretches who possess the virtues
neither of the countries which they come from, nor of those which they go to,
and whose levity, brutality, and baseness, so justly expose them to the
contempt of the vanquished.
7
7
The invisible hand and public goods
• In being the apostle of self-interest, Smith anatomises the
public goods necessary for self-interest to serve the
common good
• Each individual strives to employ his own capital as
profitably as possible
– Which ultimately serves the common good
• He generally, indeed, neither intends to promote the publick interest,
nor knows how much he is promoting it. . . . . [H]e intends only his own
security; and by directing [his] industry [and capital] in such a manner
as its produce may be of the greatest value, he intends only his own
gain, and he is in this, as in many other cases, led by an invisible hand
to promote an end which was no part of his intention. He generally,
indeed, neither intends to promote the publick interest, nor knows how
much he is promoting it.
8
8
The invisible hand and public goods
• The invisible hand is not a public good. It merely optimises the
distribution of private goods
• Public goods are non-rival and non-excludable
– Rendering private provision
• Difficult if not impossible and
• Inefficient
• But public goods are both precedent and consequent on a market
• Precedent - Public mores and support of contracts and fair dealing
• Consequent - Prices and liquidity arising from a market
• There are other public goods in Smith including
– The habits of trade underpinning a currency
– Language itself. Smith wrote his own treatise on the emergence of language
9
9
Emergent public goods
• In economics the paradigmatic problem of public goods is
how to fund them
– How to pay for a good on which everyone can free ride?
• But just as these ‘Smithian’ public goods are spontaneous
and even unintended consequences of social interaction,
they are also unpaid.
• There is no problem of funding them!
10
10
Web 2.0:
the burgeoning of emergent public goods
• The pubic goods of Web 2.0 require no external funding
• Open source software is sometimes driven by altruism
– But mostly by private problem solving
– With code donated back to the project to have it incorporated in
subsequent distributions
– Ditto
• Flickr
• Wikipedia
• Blogging
– Though there are other motives also . . .
11
11
Human production: Human motivation
• For Smith human sociality is the foundation of all that is
truly human
– Smith’s ‘oratorical’ theory of the bargain
• “Markets are conversations” - the cluetrain manifesto
• The engine behind Web 2.0 is human sociality
– Economists/business people/ pundits regularly underestimate its
power
12
12
Interactivity > passive receipt of broadcasting
• We routinely underestimate the importance of social
interactivity and overestimate the value of ‘content’
–
–
–
–
–
13
The use of telephones for social purposes
The use of e-mail on ARPANET
SMSs
Instant Messaging
Facebook is a fad
13
Interactivity > passive receipt of broadcasting
Price/MB
Cable TV
Wired Phone
0.0800
Mobile Phone
3.0000
SMS
14
$0.0001
HT: Andrew Odlyzko
3000.0000
14
Interactivity > broadcasting
Industry
Telephone
U.S. Postal Service
Advertising
Motion pictures
movie theaters
video tape rentals
Broadcast industries
television broadcasting
radio broadcasting
newspapers
magazines
Consumer spending on “content”
15 HT: Andrew Odlyzko
1994
revenues
(billions)
1997
annual
revenues growth
(billions) rate
$199.3
49.6
151.7
53.5
6.2
7.0
$256.1
58.3
187.5
63.0
7.6
7.2
8.7%
5.5
7.3
5.6
7.0
0.9
31.1
10.5
47.2
17.4
113.9
36.9
13.5
55.3
19.9
133.5
5.9
8.7
5.4
4.6
5.4
15
Smith on human motivation
• To what purpose is all the toil and bustle of this world? . . . Is it to
supply the necessities of nature? The wages of the meanest labourer
can supply them. . . . To be observed, to be attended to, to be taken
notice of with sympathy, complacency, and approbation, are all the
advantages which we can propose to derive from it. It is the vanity,
not the ease, or the pleasure, which interests us.
Adam Smith
• Basically, when you get to my age you'll really measure your success
in life by how many of the people you want to have love you actually
do love you.
Warren Buffett
16
16
Smith on human motivation
• What most of all charms us in our benefactor, is the concord between
his sentiments and our own, with regard to what interests us so
nearly as the worth of our own character, and the esteem that is due
to us. We are delighted to find a person who values us as we value
ourselves, and distinguishes us from the rest of mankind, with an
attention not unlike that with which we distinguish ourselves. To
maintain in him these agreeable and flattering sentiments, is one of
the chief ends proposed by the returns we are disposed to make to
him.
• Science seeks to relieve the “chaos of jarring and discordant
appearances, to allay this tumult of the imagination, and to restore it,
. . . to that tone of tranquility and composure, which is both most
agreeable in itself, and most suitable to its nature.”
17
17
Web 2.0: human, all too human . . .
18
Image per: xkcd.com
18
Conclusion
• Smith showed us how crucial public goods emerge from life itself
– From the restlessness of human sociality
• Without further ‘funding’
• Web 2.0 is showing us all over again
• Smith shows us how this is about humans expressing their humanity
together
– not just economic efficiency
• Should I have free use of the term ‘Web 2.0’
– Economics says “yes”
– So does ‘humanity’, and commonsense
– So does freedom and all those values about freedom of association and speech
19
19
Conclusion
• Smith showed us how the labour of human culture is built
from the bottom up, from the interactions of everyday life
• These things are left alone by legal restraint except in so far
as they may sometimes step in to enforce social norms
20
20
Conclusion
The man of system . . .is apt to be very wise in his own conceit; and is often so
enamoured with the supposed beauty of his own ideal plan of government, that he cannot
suffer the smallest deviation from any part of it. He goes on to establish it completely and
in all its parts, without any regard either to the great interests, or to the strong prejudices
which may oppose it. He seems to imagine that he can arrange the different members of
a great society with as much ease as the hand arranges the different pieces upon a
chess–board. He does not consider that the pieces upon the chess–board have no other
principle of motion besides that which the hand impresses upon them; but that, in the
great chess–board of human society, every single piece has a principle of motion of its
own, altogether different from that which the legislature might chuse to impress upon it. If
those two principles coincide and act in the same direction, the game of human society
will go on easily and harmoniously, and is very likely to be happy and successful. If they
are opposite or different, the game will go on miserably, and the society must be at all
times in the highest degree of disorder.
21
21
22
22
Conclusion
• It seems surprising to me that any employer would be reluctant to let
hackers work on open-source projects. At Viaweb, we would have
been reluctant to hire anyone who didn't. When we interviewed
programmers, the main thing we cared about was what kind of
software they wrote in their spare time. You can't do anything really
well unless you love it, and if you love to hack you'll inevitably be
working on projects of your own.
• Paul Graham
23
23