I. “Intellectual Property”
Many of us have been taught from our youth that “there is nothing new under the sun.” Whenever a child has an exciting idea, an older person is quick to point out either that this idea has been tried before and didn’t work, or that someone else not only has already had the idea but also has developed and expounded upon it to greater lengths than the child ever could. “Learn and choose from the ideas and beliefs already in circulation, rather than seeking to develop and arrange your own,” seems to be the message, and this message is sent clearly by the methods of “instruction” used in both public and private schools throughout the West.
Despite this common attitude, or perhaps because of it, we are very possessive of our ideas. The concept of “intellectual property” is ingrained in the collective psychosis much deeper than the concept of material property. Plenty of thinkers have appeared who have asserted that “property is theft” in regard to real estate and other physical capital, but few have dared to make similar statements about their own ideas. Even the most notoriously “radical” thinkers have still proudly claimed their ideas as, first and foremost, their ideas.
Consequently, little distinction is made between the thinkers and their thoughts. Students of philosophy will study the philosophy of Descartes, students of economics will study Marxism, students of art will study the paintings of Dali. At worst, the cult of personality that develops around famous thinkers prevents any useful consideration of their ideas or artwork; hero-worshipping partisans will swear allegiance to a thinker and all his thoughts, while others who have some justified or unjustified objection to the conceiver of the ideas will generally have a difficult time not being prejudiced against the ideas themselves. At best, this emphasis upon the “author-owner” in the consideration of propositions or artwork is merely irrelevant to the worth of the actual propositions or artwork, even if the stories about the individual in question are interesting and can encourage creative thinking by themselves.
The very assumptions behind the concept of “intellectual property” require more attention than we have given them. The factors that affect the words and deeds of an individual are many and varied, not the least of them being her social-cultural climate and the input of other individuals. To say that any idea has its sole origins in the being of one individual man or woman is to grossly oversimplify. But we are so accustomed to claiming items and objects for ourselves, and to being forced to accept similar claims from others, in the cutthroat competition to acquire and dominate (before we are acquired and dominated) that is life in a market economy, that it seems natural to do the same with ideas. Certainly there must be other ways of thinking about the origins and ownership of ideas that warrant consideration—for our present approach does more than merely distract from the ideas.
Our tradition of recognising “intellectual property rights” is dangerous in that it results in the deification of the publicly recognised “thinker” and “artist” at the expense of everyone else. When ideas are always associated with proper names (and always the same proper names, in point of fact), this suggests that thinking and creating are special skills that belong to a select few individuals. For example, the glorification of the “artist” in our culture, which includes the stereotyping of artists as eccentric “visionaries” who exist at the edge (the “avant-garde”) of society, encourages people to believe that artists are significantly and fundamentally different from other human beings. Actually, anyone can be an artist, and everyone is, to some extent; being able to act creatively is a crucial element of human happiness. But when we are led to believe that being creative and thinking critically are talents which only a few individuals possess, those of us who are not fortunate enough to be christened “artists” or “philosophers” by our communities will not make much effort to develop these abilities. Consequently we will be dependent upon others for many of our ideas, and will have to be content as spectators of the creative work of others—and we will feel alienated and unsatisfied.
Another incidental drawback of our association of ideas with specific individuals is that it promotes the acceptance of these ideas in their original form. The students who learn the philosophy of Descartes are encouraged to learn it in its orthodox form, rather than learning the parts which they find relevant to their own lives and interests and combining these parts with ideas from other sources. Out of deference to the original thinker, deified as he is in our tradition, his texts and theories are to be preserved as-is, without ever being put into new forms or contexts which might reveal new insights. Mummified as they are, many theories become completely irrelevant to modern existence, when they could have been given a new lease on life by being treated with a little less reverence.
So we can see that our acceptance of the tradition of “intellectual property” has negative effects upon our endeavors to think critically and learn from our artistic and philosophical heritage. What can we do to address this problem? One of the possible solutions is plagiarism.
II. Plagiarism and the Modern Revolutionary
Plagiarism is an especially effective method of appropriating and reorganising ideas, and as such it can be a useful tool for a young man or woman looking to encourage new and exciting thinking in others. And it is a method that is revolutionary in that it does not recognise “intellectual property” rights but rather strikes out against them and all of the negative effects that recognising them can have.
Plagiarism focuses attention on content and away from incidental issues, by making the genuine origins of the material impossible to ascertain. Besides, as suggested above, it could be argued that the genuine origins of the contents of most inspirations and propositions are impossible to determine anyway. By signing a new name, or no name at all, to a text, the plagiariser puts the material in an entirely new context, and this may generate new perspectives and new thinking about the subject that have not appeared before. Plagiarism also makes it possible to combine the best or most relevant parts of a number of texts, thus creating a new text with many of the virtues of the older ones—and some new virtues, as well, since the combination of material from different sources is bound to result in unforeseeable effects and might well result in the unlocking of hidden meanings or possibilities that have been dormant in the texts for years. Finally, above all, plagiarism is the reappropriation of ideas: when an individual plagiarises a text which those who believe in intellectual property would have held “sacred,” she denies that there is a difference in rank between herself and the thinker she takes from. She takes the thinker’s ideas for herself, to express them as she sees fit, rather than treating the thinker as an authority whose work she is duty-bound to preserve as he intended. She denies, in fact, that there is a fundamental difference between the thinker and the rest of humanity, by appropriating the thinker’s material as the property of humanity.
After all, a good idea should be available to everyone—should belong to everyone—if it really is a good idea. In a society organised with human happiness as the objective, copyright infringement laws and similar restrictions would not hinder the distribution and recombination of ideas. These impediments only make it more difficult for individuals who are looking for challenging and inspiring material to come upon it and share it with others.
So, if there truly is “nothing new under the sun,” take them at their word, and act accordingly. Take what seems relevant to your life and your needs from the theories and doctrines prepared by those who came before you. Don’t be afraid to reproduce word for word those texts which seem perfect to you, so you can share them with others who might also benefit from them. And at the same time, don’t be afraid to plunder ideas from different sources and rearrange them in ways that you find more useful and exciting, more relevant to your own needs and experiences. Seek to create a personally constructed body of critical and creative thought, with elements gathered from as many sources as possible, rather than choosing from one of the prefabricated ideologies that are offered to you. After all, do we have ideas, or do they have us?
III. Language and the Question of Authorship Itself
Words, musical and artistic conventions, symbols and gestures, all these things are useful only because we hold them in common—that alone makes them currency for communication. Human beings, just like everything else in the world, are not isolated entities: each of us exists as part of a vast web, as in intersection of strands that proceed from every direction. None of us could be what we are if not for the others around us and before us, and the natural world beyond—our thoughts are constructed from the languages spoken around us, our values and narratives are assembled from the found objects of this world; we represent our experiences and memories to ourselves in the configurations developed by the civilisation that raised us.
This is not to say that nothing is original; rather, everything is original, for every expression, every action, however frequently repeated, issues from a unique point in the web of human relations. But at the same time, this means that the recontextualisation of pre-existing elements (which some call “plagiarism”) is essential to all communication. And if every expression is both borrowed and unique, it seems absurd to try to separate expressions into one category or the other. Yes, each of us participates in the continuation and evolution of the languages we speak; but in truth, the line between imitation and innovation is so blurry that any distinction are bound to be arbitrary.
If that is the case, then let us leave it to the scientists to figure out the chronological details of who was the first to arrange words or musical notes in a particular order. Much more important, for us, is what we can do with these combinations of shared elements.
Some claim for themselves the rights of ownership over combinations they believe (rightly or not) they were the first to apply; many of them justify this by insisting that these combinations are the perfect expression of their emotions or experiences, and that those who read or hear them are being granted direct access to their souls. But the fact is, a poem or song always has a different significance for the listener or reader than it did for the composer. The reader applies the words to her own experiences, searches her heart to see which ones will resonate with the unique emotions she has felt. Like it or not, once you create something and send it out into the world, it has a life of its own in the reactions and emotions it provokes in others—and it will not answer to you or represent you except by coincidence. For the writer, the true significance of the work is in the act of creation itself, in the rearranging and shaping of forms. Those who hope to retain control of the products of their creation afterwards are living in denial.
Thus we can throw out all the superstitions surrounding the author’s signature—the question of so-called authenticity, the glorification of self-expression, the concept of intellectual property—and see the signature for what it really is: another element of the composition itself. The signing of a work is a part of the creative process: it offers a context in which the work will be interpreted. What signature could truly capture the complete origins of a work, anyway, considering all the disparate and ancient components that make up any given work of art, and all the human relations and innovations that were necessary to arrive at them? For that matter, if the notion of the fixed, distinct identity of individuals is also a superstition, that renders ever the possibility of an individual signature preposterous! If one wanted to be honest, one would sign the name of one’s entire civilisation to one’s poetry or pottery, and add to that the seal of the cosmos from which it arose—effectively communalising the work.
This being the case, if the signature is just another element of the composition, it makes just as much sense to sign with another’s name, or with a false name (complete perhaps with a fabricated identity), depending on which can offer the context that will best enhance the content of the work. For once we are through with the delusion that we can own expressions—context and all—that will best serve to help us find ourselves and each other and, then, to transform what we find.




Rumor is that you got plagiarized, possibly this post even. See http://tinyurl.com/3ysmky for details.
Oh, the irony. A student at Texas Tech plagiarized this article for his own. Check out the Daily Toreador at http://media.www.dailytoreador.com/media/storage/paper870/news/2008/02/05/Opinions/Dt.Columnist.Fired.For.Plagiarism-3187801.shtml?reffeature=htmlemailedition.
Oh, the irony!
A student named Ty McDonald at Texas Tech plagiarized this article for what was to be a three-part series on intellectual property for the school newspaper. He has been fired from the Daily Toreador.
Check out http://media.www.dailytoreador.com/media/storage/paper870/news/2008/02/05/Opinions/Dt.Columnist.Fired.For.Plagiarism-3187801.shtml?reffeature=htmlemailedition.
Christiaan,
A friend of mine, Ty McDonald, was fired from his position with the Daily Toreador, a student run newspaper at Texas Tech University. He was fired because he allegedly plagiarized a section of the article you published on June 11, 2006, entitled “Plagiarism and Intellectual Loot”. In actuality, he “plagiarized” from the same source as you - CrimethInc.’s book Days of War, Nights of Love, within whose pages “plagiarism” is explicitly endorsed. The absurdity of Ty’s firing and subsequent reprimandation within the pages of the DT, found below, should be immediately clear.
http://media.www.dailytoreador.com/media/storage/paper870/news/2008/02/05/Opinions/Dt.Columnist.Fired.For.Plagiarism-3187801.shtml?reffeature=htmlemailedition&sourcedomain=www.dailytoreador.com&facebook
As Ty’s friend and with the interest of intellectual justice close at heart, I’m asking you to please e-mail the editor of the Daily Toreador as well as the Dean of Texas Tech University, requesting that he be reinstated and that a public apology be issued in the newspaper.
Here is the editor’s e-mail: michelle.casady@ttu.edu
And here is the Dean’s e-mail: pamela.eibeck@ttu.edu
Their names are, respectively, Michelle Casady and Pamela Eibeck (she’s got a Ph.D.!)
Yours in struggle,
-David Harding
Congratulations, the International Irony Committee are happy to announce that a journalist has been fired for plagiarising this article.
http://www.dailytoreador.com/home/index.cfm?event=displayArticlePrinterFriendly&uStory_id=3e85835c-74d0-4852-bd8a-b35ce94a6b36
Found your article and this story via News of the Weird (http://newsoftheweird.com) Daily weird for Feb 6. (http://newsoftheweird.blogspot.com/2008/02/things-to-worry-about-on-wednesday.html)
Thought you might find the link above amusing and ironically appropriate. pla
I hope you can appreciate the delicious irony of a writer being fired for co-opting your ideas on plagiarism into an article of their own:
http://media.www.dailytoreador.com/media/storage/paper870/news/2008/02/05/Opinions/Dt.Columnist.Fired.For.Plagiarism-3187801.shtml
DT columnist fired for plagiarism.
Of your article on plagiarism.
Ah, the irony.
http://media.www.dailytoreador.com/media/storage/paper870/news/2008/02/05/Opinions/Dt.Columnist.Fired.For.Plagiarism-3187801.shtml
Someone at a student paper got fired for plagerizing this. http://www.dailytoreador.com/home/index.cfm?event=displayArticlePrinterFriendly&uStory_id=3e85835c-74d0-4852-bd8a-b35ce94a6b36
Hi, this will probably concern you (if you haven’t already been told).
http://www.facebook.com/group.php?gid=21257600074&ref=mf
and the relating article
http://media.www.dailytoreador.com/media/storage/paper870/news/2008/02/05/Opinions/Dt.Columnist.Fired.For.Plagiarism-3187801.shtml?reffeature=htmlemailedition&sourcedomain=www.dailytoreador.com&facebook
my thoughts exactly!
Wow. The irony is a bit thicker than some of you may assume; I plagiarised this article myself out of a book called Days of War Nights of Love, by the Crimthinc Workers Collective, who are naturally quite happy for people to plagiarise their work.
I’ve just got back to London from a trip to New Zealand and wasn’t aware this had taken place, so I’ll contact the editors immediately. Clearly there’s been a misunderstanding.
Isn’t this all simply hilarious?