Continuing on my way critiquing the daily installment of Free Culture served to me by Daily Lit.
There's a reason I've come to conclude that Lessig is an asshole: he privileges technology over people. That in itself wouldn't necessary make him any more of an asshole than the next modern man, but there's more: he *ridicules and humiliates people* when he celebrates the privileging of technology over people. And that's morally wrong -- and it's even unnecessary for technology even to be acknowledged as "prevailing". You don't have to celebrate violent, destructive change that harms people; you don't *have* to be an asshole. There are balances, compromises -- and common sense that trumps that other "common sense" (i.e. brute force) being invoked with such malicious glee in this passage.
Here's the story. The Wright Brothers invent their planes; they get more popular; they are picked up inevitably by the military; and it isn't long before low-flying military aircraft are scaring the chickens of two farmers, making them fly into walls and die. These two farmers, outraged at this encroachment on their pastoral life (the kind of pastoral life that tekkie-wikinistas often inevitably celebrate when they buy ranches themselves with their Silicon Valley wealth), decided to protest. They turned to the courts. But an impatient and irritable justice ruled that "common sense" dictated that an old concept that people's private property extended endlessly up into the skies was outdated. The airplanes had to have the right of way in air space, or every transatlantic or cross-country flight would yield bunches of lawsuits. This would stand in the way of progress; it couldn't be allowed to happen. The farmers, one of whom was very appropriately named "Tinie Causby" (what a great name for an avatar or a blog!) had to resign themselves to their fate in the name of modernity.
But that's not enough for Lessig -- he had to gloat -- they always do:
"Or at least, this is how things happen when there's no one powerful on the other side of the change. The Causbys were just farmers. And though there were no doubt many like them who were upset by the growing traffic in the air (though one hopes not many chickens flew themselves into walls), the Causbys of the world would find it very hard to unite and stop the idea, and the technology, that the Wright brothers had birthed. The Wright brothers spat airplanes into the technological meme pool; the idea then spread like a virus in a chicken coop; farmers like the Causbys found themselves surrounded by "what seemed reasonable" given the technology that the Wrights had produced. They could stand on their farms, dead chickens in hand, and shake their fists at these newfangled technologies all they wanted. They could call their representatives or even file a lawsuit. But in the end, the force of what seems "obvious" to everyone else-- the power of "common sense"--would prevail. Their "private interest" would not be allowed to defeat an obvious public gain."
Sorry, but that lame parenthetical hope for the chickens -- and not for people! -- doesn't cut it. It's typically stupid literalist gloating -- as if it has to be all or nothing. As if these poor chicken farmers have to cut a laughing stock image, shaking their fists, dead chickens in hand, helpless and technology -- military technology!!! the kind Lessig protests vigorously against if it is in the hands of Bush!!! -- gets to prevail uber alles.
There wasn't so much the force of "common sense" here as just...force. And the kind of force, that in fact, liberal democrats would definitely want to limit -- and even Lessig wants to limit if it is used in a place he doesn't like, oh, the Middle East, or something. And of course, there *isn't* any common sense in extending this eminent domain of technological progress indefinitely. Obviously, if both commercial and military planes had continued to fly low -- needlessly -- and continued to harm chickens and scare farmers, the need for *food* -- the need for farms and chickens, *too* -- would force a *balance*. See, that real common-sense balance is what is often missing from Lessig's extremist rages and gloats. We don't *have* to stand and ridicule the poor Tinie Causby; we can look for *mitigation*. And in fact, in real life, we do. It's no accident, comrade, that there is a page like this, where people in the UK can *protest against low-flying military aircraft*. The kind of protest that Larry would call "against common sense and progress".
Continue reading "Liberating Free Culture -- 2 -- Tinie Causby" »