Financial Crime and Corruption by Samuel Vaknin
introduction of new management techniques (example:
16978 words | Chapter 55
Just In Time inventory management), joint ventures,
training of personnel, technology transfers, development
of proprietary intellectual property and so on. Deprived of
a growing market share - the competitor will not feel
pressurized to learn and to better itself. In due time, it will
dwindle and die.
Acquire a wall of "defensive" patents to deny
competitors access to the latest technology.
"Harvest" market position in a no-growth industry by
raising prices, lowering quality, and stopping all
investment and advertising in it.
Create or encourage capital scarcity. - By colluding with
sources of financing (e.g., regional, national, or
investment banks), by absorbing any capital offered by the
State, by the capital markets, through the banks, by
spreading malicious news which serve to lower the credit-
worthiness of the competition, by legislating special tax
and financing loopholes and so on.
Introduce high advertising-intensity. - This is very
difficult to measure. There could be no objective criteria
which will not go against the grain of the fundamental
right to freedom of expression. However, truth in
advertising should be strictly imposed. Practices such as
dragging a competitor through the mud or derogatorily
referring to its products or services in advertising
campaigns should be banned and the ban should be
enforced.
Proliferate "brand names" to make it too expensive for
small firms to grow. - By creating and maintaining a host
of absolutely unnecessary brandnames, the competition's
brandnames are crowded out. Again, this cannot be
legislated against. A firm has the right to create and
maintain as many brandnames as it wishes. The market
will exact a price and thus punish such a company
because, ultimately, its own brandname will suffer from
the proliferation.
Get a "corner" (control, manipulate and regulate) on
raw materials, government licenses, contracts, subsidies,
and patents (and, of course, prevent the competition
from having access to them).
Build up "political capital" with government bodies;
overseas, get "protection" from "the host government".
'Vertical' Barriers
Practice a "preemptive strategy" by capturing all
capacity expansion in the industry (simply buying it,
leasing it or taking over the companies that own or
develop it).
This serves to "deny competitors enough residual
demand". Residual demand, as we previously explained,
causes firms to be efficient. Once efficient, they develop
enough power to "credibly retaliate" and thereby "enforce
an orderly expansion process" to prevent overcapacity
Create "switching" costs. - Through legislation,
bureaucracy, control of the media, cornering advertising
space in the media, controlling infrastructure, owning
intellectual property, owning, controlling or intimidating
distribution channels and suppliers and so on.
Impose vertical "price squeezes". - By owning,
controlling, colluding with, or intimidating suppliers and
distributors, marketing channels and wholesale and retail
outlets into not collaborating with the competition.
Practice vertical integration (buying suppliers and
distribution and marketing channels).
This has the following effects:
The firm gains a "tap (access) into technology" and
marketing information in an adjacent industry. It defends
itself against a supplier's too-high or even realistic prices.
It defends itself against foreclosure, bankruptcy and
restructuring or reorganization. Owning suppliers means
that the supplies do not cease even when payment is not
affected, for instance.
It "protects proprietary information from suppliers" -
otherwise the firm might have to give outsiders access to
its technology, processes, formulas and other intellectual
property.
It raises entry and mobility barriers against competitors.
This is why the State should legislate and act against any
purchase, or other types of control of suppliers and
marketing channels which service competitors and thus
enhance competition.
It serves to "prove that a threat of full integration is
credible" and thus intimidate competitors.
Finally, it gets "detailed cost information" in an adjacent
industry (but doesn't integrate it into a "highly competitive
industry").
"Capture distribution outlets" by vertical integration to
"increase barriers".
'Consolidate' the Industry
Send "signals" to threaten, bluff, preempt, or collude
with competitors.
Use a "fighting brand" (a low-price brand used only for
price-cutting).
Use "cross parry" (retaliate in another part of a
competitor's market).
Harass competitors with antitrust suits and other
litigious techniques.
Use "brute force" ("massed resources" applied "with
finesse") to attack competitors
or use "focal points" of pressure to collude with
competitors on price.
"Load up customers" at cut-rate prices to "deny new
entrants a base" and force them to "withdraw" from
market.
Practice "buyer selection," focusing on those that are
the most "vulnerable" (easiest to overcharge) and
discriminating against and for certain types of
consumers.
"Consolidate" the industry so as to "overcome industry
fragmentation".
This arguments is highly successful with US federal
courts in the last decade. There is an intuitive feeling that
few is better and that a consolidated industry is bound to
be more efficient, better able to compete and to survive
and, ultimately, better positioned to lower prices, to
conduct costly research and development and to increase
quality. In the words of Porter: "(The) pay-off to
consolidating a fragmented industry can be high because...
small and weak competitors offer little threat of
retaliation".
Time one's own capacity additions; never sell old
capacity "to anyone who will use it in the same
industry" and buy out "and retire competitors'
capacity".
A Note on the Spiteful Application of Competition Laws
In many developing countries and countries in transition
from Communism to capitalism, competition laws are
used to reward cronies or to damage opponents. The
discriminatory and partial application of such laws and
regulations sustains networks of patronage and cements
political-economic alliances.
This abuse of the rule of Law and the regulatory regime is
further compounded by the seething pathological envy
that is typical of erstwhile egalitarian societies now
exposed to growing income inequalities. The mob,
business rivals, political parties, and the populace at large
leverage competition laws to tear down businesses and
humiliate entrepreneurs whose success grates on their
nerves and provokes their unbridled jealousy.
XXX. The Benefits of Oligopolies
The Wall Street Journal has recently published an elegiac
list:
"Twenty years ago, cable television was dominated by a
patchwork of thousands of tiny, family-operated
companies. Today, a pending deal would leave three
companies in control of nearly two-thirds of the market.
In 1990, three big publishers of college textbooks
accounted for 35% of industry sales. Today they have
62% ... Five titans dominate the (defense) industry, and
one of them, Northrop Grumman ... made a surprise
(successful) $5.9 billion bid for (another) TRW ... In
1996, when Congress deregulated telecommunications,
there were eight Baby Bells. Today there are four, and
dozens of small rivals are dead. In 1999, more than 10
significant firms offered help-wanted Web sites. Today,
three firms dominate".
Mergers, business failures, deregulation, globalization,
technology, dwindling and more cautious venture capital,
avaricious managers and investors out to increase share
prices through a spree of often ill-thought acquisitions -
all lead inexorably to the congealing of industries into a
few suppliers. Such market formations are known as
oligopolies. Oligopolies encourage customers to
collaborate in oligopsonies and these, in turn, foster
further consolidation among suppliers, service providers,
and manufacturers.
Market purists consider oligopolies - not to mention
cartels - to be as villainous as monopolies. Oligopolies,
they intone, restrict competition unfairly, retard
innovation, charge rent and price their products higher
than they could have in a perfect competition free market
with multiple participants. Worse still, oligopolies are
going global.
But how does one determine market concentration to start
with?
The Herfindahl-Hirschmann index squares the market
shares of firms in the industry and adds up the total. But
the number of firms in a market does not necessarily
impart how low - or high - are barriers to entry. These are
determined by the structure of the market, legal and
bureaucratic hurdles, the existence, or lack thereof of
functioning institutions, and by the possibility to turn an
excess profit.
The index suffers from other shortcomings. Often the
market is difficult to define. Mergers do not always drive
prices higher. University of Chicago economists studying
Industrial Organization - the branch of economics that
deals with competition - have long advocated a shift of
emphasis from market share to - usually temporary -
market power. Influential antitrust thinkers, such as
Robert Bork, recommended to revise the law to focus
solely on consumer welfare.
These - and other insights - were incorporated in a theory
of market contestability. Contrary to classical economic
thinking, monopolies and oligopolies rarely raise prices
for fear of attracting new competitors, went the new
school. This is especially true in a "contestable" market -
where entry is easy and cheap.
An Oligopolistic firm also fears the price-cutting reaction
of its rivals if it reduces prices, goes the Hall, Hitch, and
Sweezy theory of the Kinked Demand Curve. If it were to
raise prices, its rivals may not follow suit, thus
undermining its market share. Stackleberg's amendments
to Cournot's Competition model, on the other hand,
demonstrate the advantages to a price setter of being a
first mover.
In "Economic assessment of oligopolies under the
Community Merger Control Regulation, in European
Competition law Review (Vol 4, Issue 3), Juan Briones
Alonso writes:
"At first sight, it seems that ... oligopolists will sooner or
later find a way of avoiding competition among
themselves, since they are aware that their overall profits
are maximized with this strategy. However, the question
is much more complex. First of all, collusion without
explicit agreements is not easy to achieve. Each supplier
might have different views on the level of prices which
the demand would sustain, or might have different price
preferences according to its cost conditions and market
share. A company might think it has certain advantages
which its competitors do not have, and would perhaps
perceive a conflict between maximising its own profits
and maximizing industry profits.
Moreover, if collusive strategies are implemented, and
oligopolists manage to raise prices significantly above
their competitive level, each oligopolist will be confronted
with a conflict between sticking to the tacitly agreed
behaviour and increasing its individual profits by
'cheating' on its competitors. Therefore, the question of
mutual monitoring and control is a key issue in collusive
oligopolies".
Monopolies and oligopolies, went the contestability
theory, also refrain from restricting output, lest their
market share be snatched by new entrants. In other words,
even monopolists behave as though their market was fully
competitive, their production and pricing decisions and
actions constrained by the "ghosts" of potential and
threatening newcomers.
In a CRIEFF Discussion Paper titled "From Walrasian
Oligopolies to Natural Monopoly - An Evolutionary
Model of Market Structure", the authors argue that:
"Under decreasing returns and some fixed cost, the market
grows to 'full capacity' at Walrasian equilibrium
(oligopolies); on the other hand, if returns are increasing,
the unique long run outcome involves a profit-maximising
monopolist".
While intellectually tempting, contestability theory has
little to do with the rough and tumble world of business.
Contestable markets simply do not exist. Entering a
market is never cheap, nor easy. Huge sunk costs are
required to counter the network effects of more veteran
products as well as the competitors' brand recognition and
ability and inclination to collude to set prices.
Victory is not guaranteed, losses loom constantly,
investors are forever edgy, customers are fickle, bankers
itchy, capital markets gloomy, suppliers beholden to the
competition. Barriers to entry are almost always
formidable and often insurmountable.
In the real world, tacit and implicit understandings
regarding prices and competitive behavior prevail among
competitors within oligopolies. Establishing a reputation
for collusive predatory pricing deters potential entrants.
And a dominant position in one market can be leveraged
into another, connected or derivative, market.
But not everyone agrees. Ellis Hawley believed that
industries should be encouraged to grow because only size
guarantees survival, lower prices, and innovation. Louis
Galambos, a business historian at Johns Hopkins
University, published a 1994 paper titled "The Triumph of
Oligopoly". In it, he strove to explain why firms and
managers - and even consumers - prefer oligopolies to
both monopolies and completely free markets with
numerous entrants.
Oligopolies, as opposed to monopolies, attract less
attention from trustbusters. Quoted in the Wall Street
Journal on March 8, 1999, Galambos wrote:
"Oligopolistic competition proved to be beneficial ...
because it prevented ossification, ensuring that
managements would keep their organizations innovative
and efficient over the long run".
In his recently published tome "The Free-Market
Innovation Machine - Analysing the Growth Miracle of
Capitalism", William Baumol of Princeton University,
concurs. He daringly argues that productive innovation is
at its most prolific and qualitative in oligopolistic markets.
Because firms in an oligopoly characteristically charge
above-equilibrium (i.e., high) prices - the only way to
compete is through product differentiation. This is
achieved by constant innovation - and by incessant
advertising.
Baumol maintains that oligopolies are the real engines of
growth and higher living standards and urges antitrust
authorities to leave them be. Lower regulatory costs,
economies of scale and of scope, excess profits due to the
ability to set prices in a less competitive market - allow
firms in an oligopoly to invest heavily in research and
development. A new drug costs c. $800 million to develop
and get approved, according to Joseph DiMasi of Tufts
University's Center for the Study of Drug Development,
quoted in The wall Street Journal.
In a paper titled "If Cartels Were Legal, Would Firms Fix
Prices", implausibly published by the Antitrust Division
of the US Department of Justice in 1997, Andrew Dick
demonstrated, counterintuitively, that cartels are more
likely to form in industries and sectors with many
producers. The more concentrated the industry - i.e., the
more oligopolistic it is - the less likely were cartels to
emerge.
Cartels are conceived in order to cut members' costs of
sales. Small firms are motivated to pool their purchasing
and thus secure discounts. Dick draws attention to a
paradox: mergers provoke the competitors of the merging
firms to complain. Why do they act this way?
Mergers and acquisitions enhance market concentration.
According to conventional wisdom, the more concentrated
the industry, the higher the prices every producer or
supplier can charge. Why would anyone complain about
being able to raise prices in a post-merger market?
Apparently, conventional wisdom is wrong. Market
concentration leads to price wars, to the great benefit of
the consumer. This is why firms find the mergers and
acquisitions of their competitors worrisome. America's
soft drink market is ruled by two firms - Pepsi and Coca-
Cola. Yet, it has been the scene of ferocious price
competition for decades.
"The Economist", in its review of the paper, summed it up
neatly:
"The story of America's export cartels suggests that when
firms decide to co-operate, rather than compete, they do
not always have price increases in mind. Sometimes, they
get together simply in order to cut costs, which can be of
benefit to consumers".
The very atom of antitrust thinking - the firm - has
changed in the last two decades. No longer hierarchical
and rigid, business resembles self-assembling, nimble, ad-
hoc networks of entrepreneurship superimposed on ever-
shifting product groups and profit and loss centers.
Competition used to be extraneous to the firm - now it is
commonly an internal affair among autonomous units
within a loose overall structure. This is how Jack
"neutron" Welsh deliberately structured General Electric.
AOL-Time Warner hosts many competing units, yet no
one ever instructs them either to curb this internecine
competition, to stop cannibalizing each other, or to start
collaborating synergistically. The few mammoth agencies
that rule the world of advertising now host a clutch of
creative boutiques comfortably ensconced behind Chinese
walls. Such outfits often manage the accounts of
competitors under the same corporate umbrella.
Most firms act as intermediaries. They consume inputs,
process them, and sell them as inputs to other firms. Thus,
many firms are concomitantly consumers, producers, and
suppliers. In a paper published last year and titled
"Productive Differentiation in Successive Vertical
Oligopolies", that authors studied:
"An oligopoly model with two brands. Each downstream
firm chooses one brand to sell on a final market. The
upstream firms specialize in the production of one input
specifically designed for the production of one brand, but
they also produce he input for the other brand at an extra
cost. (They concluded that) when more downstream
brands choose one brand, more upstream firms will
specialize in the input specific to that brand, and vice
versa. Hence, multiple equilibria are possible and the
softening effect of brand differentiation on competition
might not be strong enough to induce maximal
differentiation" (and, thus, minimal competition).
Both scholars and laymen often mix their terms.
Competition does not necessarily translate either to
variety or to lower prices. Many consumers are turned off
by too much choice. Lower prices sometimes deter
competition and new entrants. A multiplicity of vendors,
retail outlets, producers, or suppliers does not always
foster competition. And many products have umpteen
substitutes. Consider films - cable TV, satellite, the
Internet, cinemas, video rental shops, all offer the same
service: visual content delivery.
And then there is the issue of technological standards. It is
incalculably easier to adopt a single worldwide or
industry-wide standard in an oligopolistic environment.
Standards are known to decrease prices by cutting down
R&D expenditures and systematizing components.
Or, take innovation. It is used not only to differentiate
one's products from the competitors' - but to introduce
new generations and classes of products. Only firms with
a dominant market share have both the incentive and the
wherewithal to invest in R&D and in subsequent branding
and marketing.
But oligopolies in deregulated markets have sometimes
substituted price fixing, extended intellectual property
rights, and competitive restraint for market regulation.
Still, Schumpeter believed in the faculty of "disruptive
technologies" and "destructive creation" to check the
power of oligopolies to set extortionate prices, lower
customer care standards, or inhibit competition.
Linux threatens Windows. Opera nibbles at Microsoft's
Internet Explorer. Amazon drubbed traditional
booksellers. eBay thrashes Amazon. Bell was forced by
Covad Communications to implement its own technology,
the DSL broadband phone line.
Barring criminal behavior, there is little that oligopolies
can do to defend themselves against these forces. They
can acquire innovative firms, intellectual property, and
talent. They can form strategic partnerships. But the
supply of innovators and new technologies is infinite - and
the resources of oligopolies, however mighty, are finite.
The market is stronger than any of its participants,
regardless of the hubris of some, or the paranoia of others.
XXXI. Anarchy as an Organizing Principle
The recent spate of accounting fraud scandals signals the
end of an era. Disillusionment and disenchantment with
American capitalism may yet lead to a tectonic
ideological shift from laissez faire and self regulation to
state intervention and regulation. This would be the
reversal of a trend dating back to Thatcher in Britain and
Reagan in the USA. It would also cast some fundamental -
and way more ancient - tenets of free-marketry in grave
doubt.
Markets are perceived as self-organizing, self-assembling,
exchanges of information, goods, and services. Adam
Smith's "invisible hand" is the sum of all the mechanisms
whose interaction gives rise to the optimal allocation of
economic resources. The market's great advantages over
central planning are precisely its randomness and its lack
of self-awareness.
Market participants go about their egoistic business,
trying to maximize their utility, oblivious of the interests
and action of all, bar those they interact with directly.
Somehow, out of the chaos and clamor, a structure
emerges of order and efficiency unmatched. Man is
incapable of intentionally producing better outcomes.
Thus, any intervention and interference are deemed to be
detrimental to the proper functioning of the economy.
It is a minor step from this idealized worldview back to
the Physiocrats, who preceded Adam Smith, and who
propounded the doctrine of "laissez faire, laissez passer" -
the hands-off battle cry. Theirs was a natural religion. The
market, as an agglomeration of individuals, they
thundered, was surely entitled to enjoy the rights and
freedoms accorded to each and every person. John Stuart
Mill weighed against the state's involvement in the
economy in his influential and exquisitely-timed
"Principles of Political Economy", published in 1848.
Undaunted by mounting evidence of market failures - for
instance to provide affordable and plentiful public goods -
this flawed theory returned with a vengeance in the last
two decades of the past century. Privatization,
deregulation, and self-regulation became faddish
buzzwords and part of a global consensus propagated by
both commercial banks and multilateral lenders.
As applied to the professions - to accountants, stock
brokers, lawyers, bankers, insurers, and so on - self-
regulation was premised on the belief in long-term self-
preservation. Rational economic players and moral agents
are supposed to maximize their utility in the long-run by
observing the rules and regulations of a level playing
field.
This noble propensity seemed, alas, to have been
tampered by avarice and narcissism and by the immature
inability to postpone gratification. Self-regulation failed
so spectacularly to conquer human nature that its demise
gave rise to the most intrusive statal stratagems ever
devised. In both the UK and the USA, the government is
much more heavily and pervasively involved in the
minutia of accountancy, stock dealing, and banking than it
was only two years ago.
But the ethos and myth of "order out of chaos" - with its
proponents in the exact sciences as well - ran deeper than
that. The very culture of commerce was thoroughly
permeated and transformed. It is not surprising that the
Internet - a chaotic network with an anarchic modus
operandi - flourished at these times.
The dotcom revolution was less about technology than
about new ways of doing business - mixing umpteen
irreconcilable ingredients, stirring well, and hoping for the
best. No one, for instance, offered a linear revenue model
of how to translate "eyeballs" - i.e., the number of visitors
to a Web site - to money ("monetizing"). It was
dogmatically held to be true that, miraculously, traffic - a
chaotic phenomenon - will translate to profit - hitherto the
outcome of painstaking labour.
Privatization itself was such a leap of faith. State owned
assets - including utilities and suppliers of public goods
such as health and education - were transferred wholesale
to the hands of profit maximizers. The implicit belief was
that the price mechanism will provide the missing
planning and regulation. In other words, higher prices
were supposed to guarantee an uninterrupted service.
Predictably, failure ensued - from electricity utilities in
California to railway operators in Britain.
The simultaneous crumbling of these urban legends - the
liberating power of the Net, the self-regulating markets,
the unbridled merits of privatization - inevitably gave rise
to a backlash.
The state has acquired monstrous proportions in the
decades since the Second world War. It is about to grow
further and to digest the few sectors hitherto left
untouched. To say the least, these are not good news. But
we libertarians - proponents of both individual freedom
and individual responsibility - have brought it on
ourselves by thwarting the work of that invisible regulator
- the market.
XXXII. Narcissism in the Boardroom
The perpetrators of the recent spate of financial frauds in
the USA acted with callous disregard for both their
employees and shareholders - not to mention other
stakeholders. Psychologists have often remote-diagnosed
them as "malignant, pathological narcissists".
Narcissists are driven by the need to uphold and maintain
a false self - a concocted, grandiose, and demanding
psychological construct typical of the narcissistic
personality disorder. The false self is projected to the
world in order to garner "narcissistic supply" - adulation,
admiration, or even notoriety and infamy. Any kind of
attention is usually deemed by narcissists to be preferable
to obscurity.
The false self is suffused with fantasies of perfection,
grandeur, brilliance, infallibility, immunity, significance,
omnipotence, omnipresence, and omniscience. To be a
narcissist is to be convinced of a great, inevitable personal
destiny. The narcissist is preoccupied with ideal love, the
construction of brilliant, revolutionary scientific theories,
the composition or authoring or painting of the greatest
work of art, the founding of a new school of thought, the
attainment of fabulous wealth, the reshaping of a nation or
a conglomerate, and so on. The narcissist never sets
realistic goals to himself. He is forever preoccupied with
fantasies of uniqueness, record breaking, or breathtaking
achievements. His verbosity reflects this propensity.
Reality is, naturally, quite different and this gives rise to a
"grandiosity gap". The demands of the false self are never
satisfied by the narcissist's accomplishments, standing,
wealth, clout, sexual prowess, or knowledge. The
narcissist's grandiosity and sense of entitlement are
equally incommensurate with his achievements.
To bridge the grandiosity gap, the malignant
(pathological) narcissist resorts to shortcuts. These very
often lead to fraud.
The narcissist cares only about appearances. What matters
to him are the facade of wealth and its attendant social
status and narcissistic supply. Witness the travestied
extravagance of Tyco's Denis Kozlowski. Media attention
only exacerbates the narcissist's addiction and makes it
incumbent on him to go to ever-wilder extremes to secure
uninterrupted supply from this source.
The narcissist lacks empathy - the ability to put himself in
other people's shoes. He does not recognize boundaries -
personal, corporate, or legal. Everything and everyone are
to him mere instruments, extensions, objects
unconditionally and uncomplainingly available in his
pursuit of narcissistic gratification.
This makes the narcissist perniciously exploitative. He
uses, abuses, devalues, and discards even his nearest and
dearest in the most chilling manner. The narcissist is
utility- driven, obsessed with his overwhelming need to
reduce his anxiety and regulate his labile sense of self-
worth by securing a constant supply of his drug -
attention. American executives acted without
compunction when they raided their employees' pension
funds - as did Robert Maxwell a generation earlier in
Britain.
The narcissist is convinced of his superiority - cerebral or
physical. To his mind, he is a Gulliver hamstrung by a
horde of narrow-minded and envious Lilliputians. The
dotcom "new economy" was infested with "visionaries"
with a contemptuous attitude towards the mundane:
profits, business cycles, conservative economists, doubtful
journalists, and cautious analysts.
Yet, deep inside, the narcissist is painfully aware of his
addiction to others - their attention, admiration, applause,
and affirmation. He despises himself for being thus
dependent. He hates people the same way a drug addict
hates his pusher. He wishes to "put them in their place",
humiliate them, demonstrate to them how inadequate and
imperfect they are in comparison to his regal self and how
little he craves or needs them.
The narcissist regards himself as one would an expensive
present, a gift to his company, to his family, to his
neighbours, to his colleagues, to his country. This firm
conviction of his inflated importance makes him feel
entitled to special treatment, special favors, special
outcomes, concessions, subservience, immediate
gratification, obsequiousness, and lenience. It also makes
him feel immune to mortal laws and somehow divinely
protected and insulated from the inevitable consequences
of his deeds and misdeeds.
The self-destructive narcissist plays the role of the "bad
guy" (or "bad girl"). But even this is within the traditional
social roles cartoonishly exaggerated by the narcissist to
attract attention. Men are likely to emphasise intellect,
power, aggression, money, or social status. Narcissistic
women are likely to emphasise body, looks, charm,
sexuality, feminine "traits", homemaking, children and
childrearing.
Punishing the wayward narcissist is a veritable catch-22.
A jail term is useless as a deterrent if it only serves to
focus attention on the narcissist. Being infamous is second
best to being famous - and far preferable to being ignored.
The only way to effectively punish a narcissist is to
withhold narcissistic supply from him and thus to prevent
him from becoming a notorious celebrity.
Given a sufficient amount of media exposure, book
contracts, talk shows, lectures, and public attention - the
narcissist may even consider the whole grisly affair to be
emotionally rewarding. To the narcissist, freedom, wealth,
social status, family, vocation - are all means to an end.
And the end is attention. If he can secure attention by
being the big bad wolf - the narcissist unhesitatingly
transforms himself into one. Lord Archer, for instance,
seems to be positively basking in the media circus
provoked by his prison diaries.
The narcissist does not victimise, plunder, terrorise and
abuse others in a cold, calculating manner. He does so
offhandedly, as a manifestation of his genuine character.
To be truly "guilty" one needs to intend, to deliberate, to
contemplate one's choices and then to choose one's acts.
The narcissist does none of these.
Thus, punishment breeds in him surprise, hurt and
seething anger. The narcissist is stunned by society's
insistence that he should be held accountable for his deeds
and penalized accordingly. He feels wronged, baffled,
injured, the victim of bias, discrimination and injustice.
He rebels and rages.
Depending upon the pervasiveness of his magical
thinking, the narcissist may feel besieged by
overwhelming powers, forces cosmic and intrinsically
ominous. He may develop compulsive rites to fend off
this "bad", unwarranted, persecutory influences.
The narcissist, very much the infantile outcome of stunted
personal development, engages in magical thinking. He
feels omnipotent, that there is nothing he couldn't do or
achieve if only he sets his mind to it. He feels omniscient -
he rarely admits to ignorance and regards his intuitions
and intellect as founts of objective data.
Thus, narcissists are haughtily convinced that
introspection is a more important and more efficient (not
to mention easier to accomplish) method of obtaining
knowledge than the systematic study of outside sources of
information in accordance with strict and tedious
curricula. Narcissists are "inspired" and they despise
hamstrung technocrats.
To some extent, they feel omnipresent because they are
either famous or about to become famous or because their
product is selling or is being manufactured globally.
Deeply immersed in their delusions of grandeur, they
firmly believe that their acts have - or will have - a great
influence not only on their firm, but on their country, or
even on Mankind. Having mastered the manipulation of
their human environment - they are convinced that they
will always "get away with it". They develop hubris and a
false sense of immunity.
Narcissistic immunity is the (erroneous) feeling,
harboured by the narcissist, that he is impervious to the
consequences of his actions, that he will never be effected
by the results of his own decisions, opinions, beliefs,
deeds and misdeeds, acts, inaction, or membership of
certain groups, that he is above reproach and punishment,
that, magically, he is protected and will miraculously be
saved at the last moment. Hence the audacity, simplicity,
and transparency of some of the fraud and corporate
looting in the 1990's. Narcissists rarely bother to cover
their traces, so great is their disdain and conviction that
they are above mortal laws and wherewithal.
What are the sources of this unrealistic appraisal of
situations and events?
The false self is a childish response to abuse and trauma.
Abuse is not limited to sexual molestation or beatings.
Smothering, doting, pampering, over-indulgence, treating
the child as an extension of the parent, not respecting the
child's boundaries, and burdening the child with excessive
expectations are also forms of abuse.
The child reacts by constructing false self that is
possessed of everything it needs in order to prevail:
unlimited and instantaneously available Harry Potter-like
powers and wisdom. The false self, this Superman, is
indifferent to abuse and punishment. This way, the child's
true self is shielded from the toddler's harsh reality.
This artificial, maladaptive separation between a
vulnerable (but not punishable) true self and a punishable
(but invulnerable) false self is an effective mechanism. It
isolates the child from the unjust, capricious, emotionally
dangerous world that he occupies. But, at the same time, it
fosters in him a false sense of "nothing can happen to me,
because I am not here, I am not available to be punished,
hence I am immune to punishment".
The comfort of false immunity is also yielded by the
narcissist's sense of entitlement. In his grandiose
delusions, the narcissist is sui generis, a gift to humanity,
a precious, fragile, object. Moreover, the narcissist is
convinced both that this uniqueness is immediately
discernible - and that it gives him special rights. The
narcissist feels that he is protected by some cosmological
law pertaining to "endangered species".
He is convinced that his future contribution to others - his
firm, his country, humanity - should and does exempt him
from the mundane: daily chores, boring jobs, recurrent
tasks, personal exertion, orderly investment of resources
and efforts, laws and regulations, social conventions, and
so on.
The narcissist is entitled to a "special treatment": high
living standards, constant and immediate catering to his
needs, the eradication of any friction with the humdrum
and the routine, an all-engulfing absolution of his sins,
fast track privileges (to higher education, or in his
encounters with bureaucracies, for instance). Punishment,
trusts the narcissist, is for ordinary people, where no great
loss to humanity is involved.
Narcissists are possessed of inordinate abilities to charm,
to convince, to seduce, and to persuade. Many of them are
gifted orators and intellectually endowed. Many of them
work in in politics, the media, fashion, show business, the
arts, medicine, or business, and serve as religious leaders.
By virtue of their standing in the community, their
charisma, or their ability to find the willing scapegoats,
they do get exempted many times. Having recurrently
"got away with it" - they develop a theory of personal
immunity, founded upon some kind of societal and even
cosmic "order" in which certain people are above
punishment.
But there is a fourth, simpler, explanation. The narcissist
lacks self-awareness. Divorced from his true self, unable
to empathise (to understand what it is like to be someone
else), unwilling to constrain his actions to cater to the
feelings and needs of others - the narcissist is in a constant
dreamlike state.
To the narcissist, his life is unreal, like watching an
autonomously unfolding movie. The narcissist is a mere
spectator, mildly interested, greatly entertained at times.
He does not "own" his actions. He, therefore, cannot
understand why he should be punished and when he is, he
feels grossly wronged.
So convinced is the narcissist that he is destined to great
things - that he refuses to accept setbacks, failures and
punishments. He regards them as temporary, as the
outcomes of someone else's errors, as part of the future
mythology of his rise to power/brilliance/wealth/ideal
love, etc. Being punished is a diversion of his precious
energy and resources from the all-important task of
fulfilling his mission in life.
The narcissist is pathologically envious of people and
believes that they are equally envious of him. He is
paranoid, on guard, ready to fend off an imminent attack.
A punishment to the narcissist is a major surprise and a
nuisance but it also validates his suspicion that he is being
persecuted. It proves to him that strong forces are arrayed
against him.
He tells himself that people, envious of his achievements
and humiliated by them, are out to get him. He constitutes
a threat to the accepted order. When required to pay for
his misdeeds, the narcissist is always disdainful and bitter
and feels misunderstood by his inferiors.
Cooked books, corporate fraud, bending the (GAAP or
other) rules, sweeping problems under the carpet, over-
promising, making grandiose claims (the "vision thing") -
are hallmarks of a narcissist in action. When social cues
and norms encourage such behaviour rather than inhibit it
- in other words, when such behaviour elicits abundant
narcissistic supply - the pattern is reinforced and become
entrenched and rigid. Even when circumstances change,
the narcissist finds it difficult to adapt, shed his routines,
and replace them with new ones. He is trapped in his past
success. He becomes a swindler.
But pathological narcissism is not an isolated
phenomenon. It is embedded in our contemporary culture.
The West's is a narcissistic civilization. It upholds
narcissistic values and penalizes alternative value-
systems. From an early age, children are taught to avoid
self-criticism, to deceive themselves regarding their
capacities and attainments, to feel entitled, and to exploit
others.
As Lilian Katz observed in her important paper,
"Distinctions between Self-Esteem and Narcissism:
Implications for Practice", published by the Educational
Resources Information Center, the line between enhancing
self-esteem and fostering narcissism is often blurred by
educators and parents.
Both Christopher Lasch in "The Culture of Narcissism"
and Theodore Millon in his books about personality
disorders, singled out American society as narcissistic.
Litigiousness may be the flip side of an inane sense of
entitlement. Consumerism is built on this common and
communal lie of "I can do anything I want and possess
everything I desire if I only apply myself to it" and on the
pathological envy it fosters.
Not surprisingly, narcissistic disorders are more common
among men than among women. This may be because
narcissism conforms to masculine social mores and to the
prevailing ethos of capitalism. Ambition, achievements,
hierarchy, ruthlessness, drive - are both social values and
narcissistic male traits. Social thinkers like the
aforementioned Lasch speculated that modern American
culture - a self-centred one - increases the rate of
incidence of the narcissistic personality disorder.
Otto Kernberg, a notable scholar of personality disorders,
confirmed Lasch's intuition: "Society can make serious
psychological abnormalities, which already exist in some
percentage of the population, seem to be at least
superficially appropriate".
In their book "Personality Disorders in Modern Life",
Theodore Millon and Roger Davis state, as a matter of
fact, that pathological narcissism was once the preserve of
"the royal and the wealthy" and that it "seems to have
gained prominence only in the late twentieth century".
Narcissism, according to them, may be associated with
"higher levels of Maslow's hierarchy of needs ...
Individuals in less advantaged nations .. are too busy
trying (to survive) ... to be arrogant and grandiose".
They - like Lasch before them - attribute pathological
narcissism to "a society that stresses individualism and
self-gratification at the expense of community, namely the
United States." They assert that the disorder is more
prevalent among certain professions with "star power" or
respect. "In an individualistic culture, the narcissist is
'God's gift to the world'. In a collectivist society, the
narcissist is 'God's gift to the collective".
Millon quotes Warren and Caponi's "The Role of Culture
in the Development of Narcissistic Personality Disorders
in America, Japan and Denmark":
"Individualistic narcissistic structures of self-regard (in
individualistic societies) ... are rather self-contained and
independent ... (In collectivist cultures) narcissistic
configurations of the we-self ... denote self-esteem
derived from strong identification with the reputation and
honor of the family, groups, and others in hierarchical
relationships".
Still, there are malignant narcissists among subsistence
farmers in Africa, nomads in the Sinai desert, day laborers
in east Europe, and intellectuals and socialites in
Manhattan. Malignant narcissism is all-pervasive and
independent of culture and society. It is true, though, that
the way pathological narcissism manifests and is
experienced is dependent on the particulars of societies
and cultures.
In some cultures, it is encouraged, in others suppressed. In
some societies it is channeled against minorities - in
others it is tainted with paranoia. In collectivist societies,
it may be projected onto the collective, in individualistic
societies, it is an individual's trait.
Yet, can families, organizations, ethnic groups, churches,
and even whole nations be safely described as
"narcissistic" or "pathologically self-absorbed"? Can we
talk about a "corporate culture of narcissism"?
Human collectives - states, firms, households, institutions,
political parties, cliques, bands - acquire a life and a
character all their own. The longer the association or
affiliation of the members, the more cohesive and
conformist the inner dynamics of the group, the more
persecutory or numerous its enemies, competitors, or
adversaries, the more intensive the physical and emotional
experiences of the individuals it is comprised of, the
stronger the bonds of locale, language, and history - the
more rigorous might an assertion of a common pathology
be.
Such an all-pervasive and extensive pathology manifests
itself in the behavior of each and every member. It is a
defining - though often implicit or underlying - mental
structure. It has explanatory and predictive powers. It is
recurrent and invariable - a pattern of conduct melding
distorted cognition and stunted emotions. And it is often
vehemently denied.
XXXIII. The Revolt of the Poor
The Demise of Intellectual Property?
In 1997, I published a book of short stories in Israel. The
publishing house belongs to Israel's leading (and
exceedingly wealthy) newspaper. I signed a contract
which stated that I am entitled to receive 8% of the
income from the sales of the book after commissions
payable to distributors, shops, etc. A few months later
(1997), I won the coveted Prize of the Ministry of
Education (for short prose). The prize money (a few
thousand DMs) was snatched by the publishing house on
the legal grounds that all the money generated by the book
belongs to them because they own the copyright.
In the mythology generated by capitalism to pacify the
masses, the myth of intellectual property stands out. It
goes like this: if the rights to intellectual property were
not defined and enforced, commercial entrepreneurs
would not have taken on the risks associated with
publishing books, recording records, and preparing
multimedia products. As a result, creative people will
have suffered because they will have found no way to
make their works accessible to the public. Ultimately, it is
the public which pays the price of piracy, goes the refrain.
But this is factually untrue. In the USA there is a very
limited group of authors who actually live by their pen.
Only select musicians eke out a living from their noisy
vocation (most of them rock stars who own their labels -
George Michael had to fight Sony to do just that) and very
few actors come close to deriving subsistence level
income from their profession. All these can no longer be
thought of as mostly creative people. Forced to defend
their intellectual property rights and the interests of Big
Money, Madonna, Michael Jackson, Schwarzenegger and
Grisham are businessmen at least as much as they are
artists.
Economically and rationally, we should expect that the
costlier a work of art is to produce and the narrower its
market - the more emphasized its intellectual property
rights.
Consider a publishing house.
A book which costs 50,000 DM to produce with a
potential audience of 1000 purchasers (certain academic
texts are like this) - would have to be priced at a a
minimum of 100 DM to recoup only the direct costs. If
illegally copied (thereby shrinking the potential market as
some people will prefer to buy the cheaper illegal copies)
- its price would have to go up prohibitively to recoup
costs, thus driving out potential buyers. The story is
different if a book costs 10,000 DM to produce and is
priced at 20 DM a copy with a potential readership of
1,000,000 readers. Piracy (illegal copying) should in this
case be more readily tolerated as a marginal phenomenon.
This is the theory. But the facts are tellingly different. The
less the cost of production (brought down by digital
technologies) - the fiercer the battle against piracy. The
bigger the market - the more pressure is applied to clamp
down on samizdat entrepreneurs.
Governments, from China to Macedonia, are introducing
intellectual property laws (under pressure from rich world
countries) and enforcing them belatedly. But where one
factory is closed on shore (as has been the case in
mainland China) - two sprout off shore (as is the case in
Hong Kong and in Bulgaria).
But this defies logic: the market today is global, the costs
of production are lower (with the exception of the music
and film industries), the marketing channels more
numerous (half of the income of movie studios emanates
from video cassette sales), the speedy recouping of the
investment virtually guaranteed. Moreover, piracy thrives
in very poor markets in which the population would
anyhow not have paid the legal price. The illegal product
is inferior to the legal copy (it comes with no literature,
warranties or support). So why should the big
manufacturers, publishing houses, record companies,
software companies and fashion houses worry?
The answer lurks in history. Intellectual property is a
relatively new notion. In the near past, no one considered
knowledge or the fruits of creativity (art, design) as
"patentable", or as someone's "property". The artist was
but a mere channel through which divine grace flowed.
Texts, discoveries, inventions, works of art and music,
designs - all belonged to the community and could be
replicated freely. True, the chosen ones, the conduits,
were honoured but were rarely financially rewarded. They
were commissioned to produce their works of art and
were salaried, in most cases. Only with the advent of the
Industrial Revolution were the embryonic precursors of
intellectual property introduced but they were still limited
to industrial designs and processes, mainly as embedded
in machinery. The patent was born. The more massive the
market, the more sophisticated the sales and marketing
techniques, the bigger the financial stakes - the larger
loomed the issue of intellectual property. It spread from
machinery to designs, processes, books, newspapers, any
printed matter, works of art and music, films (which, at
their beginning were not considered art), software,
software embedded in hardware, processes, business
methods, and even unto genetic material.
Intellectual property rights - despite their noble title - are
less about the intellect and more about property. This is
Big Money: the markets in intellectual property outweigh
the total industrial production in the world. The aim is to
secure a monopoly on a specific work. This is an
especially grave matter in academic publishing where
small- circulation magazines do not allow their content to
be quoted or published even for non-commercial
purposes. The monopolists of knowledge and intellectual
products cannot allow competition anywhere in the world
- because theirs is a world market. A pirate in Skopje is in
direct competition with Bill Gates. When he sells a pirated
Microsoft product - he is depriving Microsoft not only of
its income, but of a client (=future income), of its
monopolistic status (cheap copies can be smuggled into
other markets), and of its competition-deterring image (a
major monopoly preserving asset). This is a threat which
Microsoft cannot tolerate. Hence its efforts to eradicate
piracy - successful in China and an utter failure in legally-
relaxed Russia.
But what Microsoft fails to understand is that the problem
lies with its pricing policy - not with the pirates. When
faced with a global marketplace, a company can adopt one
of two policies: either to adjust the price of its products to
a world average of purchasing power - or to use
discretionary differential pricing (as pharmaceutical
companies were forced to do in Brazil and South Africa).
A Macedonian with an average monthly income of 160
USD clearly cannot afford to buy the Encyclopaedia
Encarta Deluxe. In America, 50 USD is the income
generated in 4 hours of an average job. In Macedonian
terms, therefore, the Encarta is 20 times more expensive.
Either the price should be lowered in the Macedonian
market - or an average world price should be fixed which
will reflect an average global purchasing power.
Something must be done about it not only from the
economic point of view. Intellectual products are very
price sensitive and highly elastic. Lower prices will be
more than compensated for by a much higher sales
volume. There is no other way to explain the pirate
industries: evidently, at the right price a lot of people are
willing to buy these products. High prices are an implicit
trade-off favouring small, elite, select, rich world
clientele. This raises a moral issue: are the children of
Macedonia less worthy of education and access to the
latest in human knowledge and creation?
Two developments threaten the future of intellectual
property rights. One is the Internet. Academics, fed up
with the monopolistic practices of professional
publications - already publish on the web in big numbers.
I published a few book on the Internet and they can be
freely downloaded by anyone who has a computer or a
modem. The full text of electronic magazines, trade
journals, billboards, professional publications, and
thousands of books is available online. Hackers even
made sites available from which it is possible to download
whole software and multimedia products. It is very easy
and cheap to publish on the Internet, the barriers to entry
are virtually nil. Web pages are hosted free of charge, and
authoring and publishing software tools are incorporated
in most word processors and browser applications. As the
Internet acquires more impressive sound and video
capabilities it will proceed to threaten the monopoly of the
record companies, the movie studios and so on.
The second development is also technological. The oft-
vindicated Moore's law predicts the doubling of computer
memory capacity every 18 months. But memory is only
one aspect of computing power. Another is the rapid
simultaneous advance on all technological fronts.
Miniaturization and concurrent empowerment by software
tools have made it possible for individuals to emulate
much larger scale organizations successfully. A single
person, sitting at home with 5000 USD worth of
equipment can fully compete with the best products of the
best printing houses anywhere. CD-ROMs can be written
on, stamped and copied in house. A complete music
studio with the latest in digital technology has been
condensed to the dimensions of a single chip. This will
lead to personal publishing, personal music recording, and
the to the digitization of plastic art. But this is only one
side of the story.
The relative advantage of the intellectual property
corporation does not consist exclusively in its
technological prowess. Rather it lies in its vast pool of
capital, its marketing clout, market positioning, sales
organization, and distribution network.
Nowadays, anyone can print a visually impressive book,
using the above-mentioned cheap equipment. But in an
age of information glut, it is the marketing, the media
campaign, the distribution, and the sales that determine
the economic outcome.
This advantage, however, is also being eroded.
First, there is a psychological shift, a reaction to the
commercialization of intellect and spirit. Creative people
are repelled by what they regard as an oligarchic
establishment of institutionalized, lowest common
denominator art and they are fighting back.
Secondly, the Internet is a huge (200 million people), truly
cosmopolitan market, with its own marketing channels
freely available to all. Even by default, with a minimum
investment, the likelihood of being seen by surprisingly
large numbers of consumers is high.
I published one book the traditional way - and another on
the Internet. In 50 months, I have received 6500 written
responses regarding my electronic book. Well over
500,000 people read it (my Link Exchange meter
registered c. 2,000,000 impressions since November
1998). It is a textbook (in psychopathology) - and 500,000
readers is a lot for this kind of publication. I am so
satisfied that I am not sure that I will ever consider a
traditional publisher again. Indeed, my last book was
published in the very same way.
The demise of intellectual property has lately become
abundantly clear. The old intellectual property industries
are fighting tooth and nail to preserve their monopolies
(patents, trademarks, copyright) and their cost advantages
in manufacturing and marketing.
But they are faced with three inexorable processes which
are likely to render their efforts vain:
The Newspaper Packaging
Print newspapers offer package deals of cheap content
subsidized by advertising. In other words, the advertisers
pay for content formation and generation and the reader
has no choice but be exposed to commercial messages as
he or she studies the content.
This model - adopted earlier by radio and television -
rules the internet now and will rule the wireless internet in
the future. Content will be made available free of all
pecuniary charges. The consumer will pay by providing
his personal data (demographic data, consumption
patterns and preferences and so on) and by being exposed
to advertising. Subscription based models are bound to
fail.
Thus, content creators will benefit only by sharing in the
advertising cake. They will find it increasingly difficult to
implement the old models of royalties paid for access or
of ownership of intellectual property.
Disintermediation
A lot of ink has been spilt regarding this important trend.
The removal of layers of brokering and intermediation -
mainly on the manufacturing and marketing levels - is a
historic development (though the continuation of a long
term trend).
Consider music for instance. Streaming audio on the
internet or downloadable MP3 files will render the CD
obsolete. The internet also provides a venue for the
marketing of niche products and reduces the barriers to
entry previously imposed by the need to engage in costly
marketing ("branding") campaigns and manufacturing
activities.
This trend is also likely to restore the balance between
artist and the commercial exploiters of his product. The
very definition of "artist" will expand to include all
creative people. One will seek to distinguish oneself, to
"brand" oneself and to auction off one's services, ideas,
products, designs, experience, etc. This is a return to pre-
industrial times when artisans ruled the economic scene.
Work stability will vanish and work mobility will increase
in a landscape of shifting allegiances, head hunting,
remote collaboration and similar labour market trends.
Market Fragmentation
In a fragmented market with a myriad of mutually
exclusive market niches, consumer preferences and
marketing and sales channels - economies of scale in
manufacturing and distribution are meaningless.
Narrowcasting replaces broadcasting, mass customization
replaces mass production, a network of shifting
affiliations replaces the rigid owned-branch system. The
decentralized, intrapreneurship-based corporation is a late
response to these trends. The mega-corporation of the
future is more likely to act as a collective of start-ups than
as a homogeneous, uniform (and, to conspiracy theorists,
sinister) juggernaut it once was.
XXXIV. The Kidnapping of Content
http://www.plagiarism.org and http://www.Turnitin.com
Latin kidnapped the word "plagion" from ancient Greek
and it ended up in English as "plagiarism". It literally
means "to kidnap" - most commonly, to misappropriate
content and wrongly attribute it to oneself. It is a close kin
of piracy. But while the software or content pirate does
not bother to hide or alter the identity of the content's
creator or the software's author - the plagiarist does.
Plagiarism is, therefore, more pernicious than piracy.
Enter Turnit.com. An off-shoot of www.iparadigms.com,
it was established by a group of concerned (and
commercially minded) scientists from UC Berkeley.
Whereas digital rights and asset management systems are
geared to prevent piracy - plagiarism.org and its
commercial arm, Turnit.com, are the cyber equivalent of a
law enforcement agency, acting after the fact to discover
the culprits and uncover their misdeeds. This, they claim,
is a first stage on the way to a plagiarism-free Internet-
based academic community of both teachers and students,
in which the educational potential of the Internet can be
fully realized.
The problem is especially severe in academia. Various
surveys have discovered that a staggering 80%(!) of US
students cheat and that at least 30% plagiarize written
material. The Internet only exacerbated this problem.
More than 200 cheat-sites have sprung up, with thousands
of papers available on-line and tens of thousands of
satisfied plagiarists the world over. Some of these hubs -
like cheater.com, cheatweb or cheathouse.com - make no
bones about their offerings. Many of them are located
outside the USA (in Germany, or Asia) and at least one
offers papers in a few languages, Hebrew included.
The problem, though, is not limited to the ivory towers. E-
zines plagiarize. The print media plagiarize. Individual
journalists plagiarize, many with abandon. Even
advertising agencies and financial institutions plagiarize.
The amount of material out there is so overwhelming that
the plagiarist develops a (fairly justified) sense of
immunity. The temptation is irresistible, the rewards big
and the pressures of modern life great.
Some of the plagiarists are straightforward copiers. Others
substitute words, add sentences, or combine two or more
sources. This raises the question: "when should content be
considered original and when - plagiarized?". Should the
test for plagiarism be more stringent than the one applied
by the Copyright Office? And what rights are implicitly
granted by the material's genuine authors or publishers
once they place the content on the Internet? Is the Web a
public domain and, if yes, to what extent? These questions
are not easily answered. Consider reports generated by
users from a database. Are these reports copyrighted - and
if so, by whom - by the database compiler or by the user
who defined the parameters, without which the reports in
question would have never been generated? What about
"fair use" of text and works of art? In the USA, the
backlash against digital content piracy and plagiarism has
reached preposterous legal, litigious and technological
nadirs.
Plagiarism.org has developed a statistics-based
technology (the "Document Source Analysis") which
creates a "digital fingerprint" of every document in its
database. Web crawlers are then unleashed to scour the
Internet and find documents with the same fingerprint and
a colour-coded report is generated. An instructor, teacher,
or professor can then use the report to prove plagiarism
and cheating.
Piracy is often considered to be a form of viral marketing
(even by software developers and publishers). The
author's, publisher's, or software house's data are
preserved intact in the cracked copy. Pirated copies of e-
books often contribute to increased sales of the print
versions. Crippled versions of software or pirated copies
of software without its manuals, updates and support -
often lead to the purchase of a licence. Not so with
plagiarism. The identities of the author, editor, publisher
and illustrator are deleted and replaced by the details of
the plagiarist. And while piracy is discussed freely and
fought vigorously - the discussion of plagiarism is still
taboo and actively suppressed by image-conscious and
endowment-weary academic institutions and media. It is
an uphill struggle but plagiarism.org has taken the first
resolute step.
XXXV. The Economics of Spam
Tennessee resident K. C. "Khan" Smith owes the internet
service provider EarthLink $24 million. According to the
CNN, in August 2001 he was slapped with a lawsuit
accusing him of violating federal and state Racketeering
Influenced and Corrupt Organizations (RICO) statutes, the
federal Computer Fraud and Abuse Act of 1984, the
federal Electronic Communications Privacy Act of 1986
and numerous other state laws. On July 19, 2002 - having
failed to appear in court - the judge ruled against him. Mr.
Smith is a spammer.
Brightmail, a vendor of e-mail filters and anti-spam
applications warned that close to 5 million spam "attacks"
or "bursts" occurred in June 2002 and that spam has
mushroomed 450 percent since June 2001. This pace
continued unabated well into the beginning of 2004 when
the introduction of spam filters began to take effect. PC
World concurs.
Between one half and three quarters of all e-mail
messages are spam or UCE (Unsolicited Commercial
Email) - unsolicited and intrusive commercial ads, mostly
concerned with sex, scams, get rich quick schemes,
financial services and products, and health articles of
dubious provenance. The messages are sent from spoofed
or fake e-mail addresses. Some spammers hack into
unsecured servers - mainly in China and Korea - to relay
their missives anonymously.
Starting in 2003, malicious hackers began using spam to
install malware - such as viruses, adware, spyware, and
Trojans - on the unprotected personal computers of less
savvy users. They thus transform these computers into
"zombies", organize them into spam-spewing "bots"
(networks), and sell access to them to criminals on
penumbral boards and forums all over the Net.
Spam is an industry. Mass e-mailers maintain lists of e-
mail addresses, often "harvested" by spamware bots -
specialized computer applications - from Web sites. These
lists are rented out or sold to marketers who use bulk mail
services. They come cheap - c. $100 for 10 million
addresses. Bulk mailers provide servers and bandwidth,
charging c. $300 per million messages sent.
As spam recipients become more inured, ISPs less
tolerant, and both more litigious - spammers multiply their
efforts in order to maintain the same response rate. Spam
works. It is not universally unwanted - which makes it
tricky to outlaw. It elicits between 0.1 and 1 percent in
positive follow ups, depending on the message. Many
messages now include HTML, JavaScript, and ActiveX
coding and thus resemble (or actually contain) viruses and
Trojans.
Jupiter Media Matrix predicted in 2001 that the number of
spam messages annually received by a typical Internet
user will double to 1400 and spending on legitimate e-
mail marketing will reach $9.4 billion by 2006 - compared
to $1 billion in 2001. Forrester Research pegs the number
at $4.8 billion in 2003.
More than 2.3-5 billion spam messages are sent daily.
eMarketer puts the figures a lot lower at 76 billion
messages in 2002. By 2006, daily spam output will soar to
c. 15 billion missives, says Radicati Group. Jupiter
projects a more modest 268 billion annual messages this
year (2005). An average communication costs the
spammer 0.00032 cents.
PC World quotes the European Union as pegging the
bandwidth costs of spam worldwide in 2002 at $8-10
billion annually. Other damages include server crashes,
time spent purging unwanted messages, lower
productivity, aggravation, and increased cost of Internet
access.
Inevitably, the spam industry gave rise to an anti-spam
industry. According to a Radicati Group report titled
"Anti-virus, anti-spam, and content filtering market trends
2002-2006", anti-spam revenues were projected to exceed
$88 million in 2002 - and more than double by 2006. List
blockers, report and complaint generators, advocacy
groups, registers of known spammers, and spam filters all
proliferate. The Wall Street Journal reported in its June
25, 2002 issue about a resurgence of anti-spam startups
financed by eager venture capital.
ISPs are bent on preventing abuse - reported by victims -
by expunging the accounts of spammers. But the latter
simply switch ISPs or sign on with free services like
Hotmail and Yahoo! Barriers to entry are getting lower by
the day as the costs of hardware, software, and
communications plummet.
The use of e-mail and broadband connections by the
general population is spreading. Hundreds of thousands of
technologically-savvy operators have joined the market in
the last five years, as the dotcom bubble burst. Still, Steve
Linford of the UK-based Spamhaus.org insists that most
spam emanates from c. 80 large operators.
Now, according to Jupiter Media, ISPs and portals are
poised to begin to charge advertisers in a tier-based
system, replete with premium services. Writing back in
1998, Bill Gates described a solution also espoused by
Esther Dyson, chair of the Electronic Frontier Foundation:
"As I first described in my book 'The Road Ahead' in
1995, I expect that eventually you'll be paid to read
unsolicited e-mail. You'll tell your e-mail program to
discard all unsolicited messages that don't offer an
amount of money that you'll choose. If you open a paid
message and discover it's from a long-lost friend or
somebody else who has a legitimate reason to contact
you, you'll be able to cancel the payment. Otherwise,
you'll be paid for your time".
Subscribers may not be appreciative of the joint ventures
between gatekeepers and inbox clutterers. Moreover,
dominant ISPs, such as AT&T and PSINet have
recurrently been accused of knowingly collaborating with
spammers. ISPs rely on the data traffic that spam
generates for their revenues in an ever-harsher business
environment.
The Financial Times and others described how WorldCom
refuses to ban the sale of spamware over its network,
claiming that it does not regulate content. When "pink"
(the color of canned spam) contracts came to light, the
implicated ISPs blame the whole affair on rogue
employees.
PC World begs to differ:
"Ronnie Scelson, a self-described spammer who signed
such a contract with PSInet, (says) that backbone
providers are more than happy to do business with bulk
e-mailers. 'I've signed up with the biggest 50 carriers
two or three times', says Scelson ... The Louisiana-based
spammer claims to send 84 million commercial e-mail
messages a day over his three 45-megabit-per-second
DS3 circuits. 'If you were getting $40,000 a month for
each circuit', Scelson asks, 'would you want to shut me
down?'"
The line between permission-based or "opt-in" e-mail
marketing and spam is getting thinner by the day. Some
list resellers guarantee the consensual nature of their
wares. According to the Direct Marketing Association's
guidelines, quoted by PC World, not responding to an
unsolicited e-mail amounts to "opting-in" - a marketing
strategy known as "opting out". Most experts, though,
strongly urge spam victims not to respond to spammers,
lest their e-mail address is confirmed.
But spam is crossing technological boundaries. Japan has
just legislated against wireless SMS spam targeted at
hapless mobile phone users. Many states in the USA as
well as the European parliament have followed suit. Ideas
regarding a "do not spam" list akin to the "do not call" list
in telemarketing have been floated. Mobile phone users
will place their phone numbers on the list to avoid
receiving UCE (spam). Email subscribers enjoy the
benefits of a similar list under the CAN-Spam Act of
2003.
Expensive and slow connections make mobile phone
spam and spim (instant messaging spam) particularly
resented. Still, according to Britain's Mobile Channel, a
mobile advertising company quoted by "The Economist",
SMS advertising - a novelty - attracts a 10-20 percent
response rate - compared to direct mail's 1-3 percent.
Net identification systems - like Microsoft's Passport and
the one proposed by Liberty Alliance - will make it even
easier for marketers to target prospects.
The reaction to spam can be described only as mass
hysteria. Reporting someone as a spammer - even when
he is not - has become a favorite pastime of vengeful, self-
appointed, vigilante "cyber-cops". Perfectly legitimate,
opt-in, email marketing businesses and discussion forums
often find themselves in one or more black lists - their
reputation and business ruined.
In January 2002, CMGI-owned Yesmail was awarded a
temporary restraining order against MAPS - Mail Abuse
Prevention System - forbidding it to place the reputable e-
mail marketer on its Real-time Blackhole list. The case
was settled out of court.
Harris Interactive, a large online opinion polling
company, sued not only MAPS, but ISPs who blocked its
email messages when it found itself included in MAPS'
Blackhole. Their CEO accused one of their competitors
for the allegations that led to Harris' inclusion in the list.
Coupled with other pernicious phenomena - such as
viruses, Trojans, and spyware - the very foundation of the
Internet as a fun, relatively safe, mode of communication
and data acquisition is at stake.
Spammers, it emerges, have their own organizations.
NOIC - the National Organization of Internet Commerce
threatened to post to its Web site the e-mail addresses of
millions of AOL members. AOL has aggressive anti-
spamming policies. "AOL is blocking bulk email because
it wants the advertising revenues for itself (by selling pop-
up ads)" the president of NOIC, Damien Melle,
complained to CNET.
Spam is a classic "free rider" problem. For any given
individual, the cost of blocking a spammer far outweighs
the benefits. It is cheaper and easier to hit the "delete"
key. Individuals, therefore, prefer to let others do the job
and enjoy the outcome - the public good of a spam-free
Internet. They cannot be left out of the benefits of such an
aftermath - public goods are, by definition, "non-
excludable". Nor is a public good diminished by a
growing number of "non-rival" users.
Such a situation resembles a market failure and requires
government intervention through legislation and
enforcement. The FTC - the US Federal Trade
Commission - has taken legal action against more than
100 spammers for promoting scams and fraudulent goods
and services.
"Project Mailbox" is an anti-spam collaboration between
American law enforcement agencies and the private
sector. Non government organizations have entered the
fray, as have lobbying groups, such as CAUCE - the
Coalition Against Unsolicited Commercial E-mail.
But, a few recent anti-spam and anti-spyware Acts
notwithstanding, Congress is curiously reluctant to enact
stringent laws against spam. Reasons cited are free
speech, limits on state powers to regulate commerce,
avoiding unfair restrictions on trade, and the interests of
small business. The courts equivocate as well. In some
cases - e.g., Missouri vs. American Blast Fax - US courts
found "that the provision prohibiting the sending of
unsolicited advertisements is unconstitutional".
According to Spamlaws.com, the 107th Congress, for
instance, discussed these laws but never enacted them:
Unsolicited Commercial Electronic Mail Act of 2001
(H.R. 95), Wireless Telephone Spam Protection Act (H.R.
113), Anti-Spamming Act of 2001 (H.R. 718), Anti-
Spamming Act of 2001 (H.R. 1017), Who Is E-Mailing
Our Kids Act (H.R. 1846), Protect Children From E-Mail
Smut Act of 2001 (H.R. 2472), Netizens Protection Act
of 2001 (H.R. 3146), "CAN SPAM" Act of 2001 (S. 630).
Anti-spam laws fared no better in the 106th Congress.
Some of the states have picked up the slack. Arkansas,
California, Colorado, Connecticut, Delaware, Idaho,
Illinois, Iowa, Kansas, Louisiana, Maryland, Minnesota,
Missouri, Nevada, North Carolina, Oklahoma,
Pennsylvania, Rhode Island, South Dakota, Tennessee,
Utah, Virginia, Washington, West Virginia, and
Wisconsin.
The situation is no better across the pond. The European
parliament decided in 2001 to allow each member country
to enact its own spam laws, thus avoiding a continent-
wide directive and directly confronting the
communications ministers of the union. Paradoxically, it
also decided, in March 2002, to restrict SMS spam.
Confusion clearly reigns. Finally, in May 2002, it adopted
strong anti-spam provisions as part of a Directive on Data
Protection.
Responding to this unfavorable legal environment, spam
is relocating to developing countries, such as Malaysia,
Nepal, and Nigeria. In a May 2005 report, the OECD
(Organization for Economic Cooperation and
Development) warned that these countries lack the
technical know-how and financial resources (let alone the
will) to combat spam. Their users, anyhow deprived of
bandwidth, endure, as a result, a less reliable service and
an intermittent access to the Internet;
"Spam is a much more serious issue in developing
countries...as it is a heavy drain on resources that are
scarcer and costlier in developing countries than
elsewhere" - writes the report's author, Suresh
Ramasubramanian, an OECD advisor and postmaster for
Outblaze.com.
ISPs, spam monitoring services, and governments in the
rich industrialized world react by placing entire countries
- such as Macedonia and Costa Rica - on black lists and,
thus denying access to their users en bloc.
International collaboration against the looming destruction
of the Internet by crime organizations is budding. The
FTC had just announced that it will work with its
counterparts abroad to cut zombie computers off the
network. A welcome step - but about three years late.
Spammers the world over are still six steps ahead and are
having the upper hand.
The Content Downloader's Profile
Interview granted to Tim Emmerling, a student at Eastern
Illinois University.
Q. What do you know about people illegally
downloading files over the internet?
A. I know what everyone knows from being exposed to
the news media and to lawsuits filed by publishers: the
phenomenon is widespread and most of the millions of
exchanged files are music tracks and films (though book
rip-offs are not unknown as well).
Q. Why do you think people are taking part in these
electronic transactions? Does the cost of purchasing the
media come into play?
A. It's a complex canvass of motivations, I guess. Many
media products (especially in developing and poor
countries) are overpriced in terms of the local purchasing
power. Illegally downloading them is often an act of
protest or defiance against what disgruntled consumers
perceive as excessive profiteering. It may also be the only
realistic way to gain ownership of coveted content.
The fact that everything - from text to images - is digital
makes replication facile and enticing. Illegal downloading
also probably confers an aura of daring and mystique on
the "pirates" involved (whose life may otherwise be a lot
drearier and mundane).
Additionally, these products resemble public goods in that
they are nonrivalrous (the cost of extending the service or
providing the good to another person is (close to) zero)
and largely nonexcludable.
Most products are rivalrous (scarce) - zero sum games.
Having been consumed, they are gone and are not
available to others. Public goods, in contrast, are
accessible to growing numbers of people without any
additional marginal cost. This wide dispersion of benefits
renders them unsuitable for private entrepreneurship. It is
impossible to recapture the full returns they engender. As
Samuelson observed, they are extreme forms of positive
externalities (spillover effects).
Moreover, it is impossible to exclude anyone from
enjoying the benefits of a public good, or from defraying
its costs (positive and negative externalities). Neither can
anyone willingly exclude himself from their remit.
Needless to emphasize that media products are not public
goods at all! They only superficially resemble public
goods. Still, the fact that many books, music, and some
films are, indeed, in the public domain further exacerbates
the consumer's confusion. "Why can I (legally) download
certain books and music tracks free of charge - but not
others?" - wonders the baffled surfer, who is rarely versed
in the intricacies of copyright laws.
Q. Do you think this leads to a feeling of disrespect
toward the various pieces of media by the person that
steals it so frequently? (If I download music all the time,
will I lose interest in it?)
A. I am not sure that the word "respect" is relevant here.
People don't respect or disrespect music - they enjoy it,
like it, or dislike it. But frequent illegal downloading of
media products is, probably, the outcome of disrespect
towards content intermediaries such as publishers,
producers, and retail outlets. I don't know for sure because
there is no research to guide us in this matter, but I would
imagine that these people (wrongly) perceive content
intermediaries as parasitic and avaricious.
Q. Downloading is still a widespread act today. The
threats of lawsuits and legal action against downloaders
hasn't stopped the problem. What, in your opinion,
needs to be done to stop this behavior?
A. Law enforcement activities and lawsuits are already
having an effect. But you cannot prosecute thousands of
people on a regular basis without suffering a
commensurate drop in popularity and a tarnished image.
People do not perceive these acts as self-defense but as
David vs. Goliath bullying. Sooner or later, the efficacy of
such measures is bound to decline.
Media companies would do better to adopt new
technologies rather than fight them. They must come forth
with new business models and new venues of
dissemination of content. They have to show more
generosity in the management of digital rights. They have
to adopt differential pricing of their products across the
board, to reflect disparities in earnings and purchasing
power in the global marketplace. They have to transform
themselves rather than try to coerce the world into their
antiquated and Procrustean ways of doing things.
Q. Psychologically speaking, is there a certain kind of
person who is more likely to take part in this behavior?
Do you feel that this is a generational issue?
A. I cannot but speculate. There is a dearth of data at this
early stage. I would imagine that illegal downloaders are
hoarders. They are into owning things rather than into
using or consuming them. They are into building libraries
and collections. They are young and intelligent, but not
affluent. They are irreverent, rebellious, and non-
conformist. They may be loners who network socially
only online. Some of them love culture and its artifacts
but they need not be particularly computer-savvy.
XXXVII. The Fabric of Economic Trust
Economics acquired its dismal reputation by pretending to
be an exact science rather than a branch of mass
psychology. In truth it is a narrative struggling to describe
the aggregate behavior of humans. It seeks to cloak its
uncertainties and shifting fashions with mathematical
formulae and elaborate econometric computerized
models.
So much is certain, though - that people operate within
markets, free or regulated, patchy or organized. They
attach numerical (and emotional) values to their inputs
(work, capital) and to their possessions (assets, natural
endowments). They communicate these values to each
other by sending out signals known as prices.
Yet, this entire edifice - the market and its price
mechanism - critically depends on trust. If people do not
trust each other, or the economic "envelope" within which
they interact - economic activity gradually grinds to a halt.
There is a strong correlation between the general level of
trust and the extent and intensity of economic activity.
Francis Fukuyama, the political scientist, distinguishes
between high-trust and prosperous societies and low-trust
and, therefore, impoverished collectives. Trust underlies
economic success, he argued in a 1995 tome.
Trust is not a monolithic quantity. There are a few
categories of economic trust. Some forms of trust are akin
to a public good and are closely related to governmental
action or inaction, the reputation of the state and its
institutions, and its pronounced agenda. Other types of
trust are the outcomes of kinship, ethnic origin, personal
standing and goodwill, corporate brands and other data
generated by individuals, households, and firms.
I. Trust in the playing field
To transact, people have to maintain faith in a relevant
economic horizon and in the immutability of the
economic playing field or "envelope". Put less obscurely,
a few hidden assumptions underlie the continued
economic activity of market players.
They assume, for instance, that the market will continue to
exist for the foreseeable future in its current form. That it
will remain inert - unhindered by externalities like
government intervention, geopolitical upheavals, crises,
abrupt changes in accounting policies and tax laws,
hyperinflation, institutional and structural reform and
other market-deflecting events and processes.
They further assume that their price signals will not be
distorted or thwarted on a consistent basis thus skewing
the efficient and rational allocation of risks and rewards.
Insider trading, stock manipulation, monopolies, hoarding
- all tend to consistently but unpredictably distort price
signals and, thus, deter market participation.
Market players take for granted the existence and
continuous operation of institutions - financial
intermediaries, law enforcement agencies, courts. It is
important to note that market players prefer continuity and
certainty to evolution, however gradual and ultimately
beneficial. A venal bureaucrat is a known quantity and
can be tackled effectively. A period of transition to good
and equitable governance can be more stifling than any
level of corruption and malfeasance. This is why
economic activity drops sharply whenever institutions are
reformed.
II. Trust in other players
Market players assume that other players are (generally)
rational, that they have intentions, that they intend to
maximize their benefits and that they are likely to act on
their intentions in a legal (or rule-based), rational manner.
III. Trust in market liquidity
Market players assume that other players possess or have
access to the liquid means they need in order to act on
their intentions and obligations. They know, from
personal experience, that idle capital tends to dwindle and
that the only way to, perhaps, maintain or increase it is to
transact with others, directly or through intermediaries,
such as banks.
IV. Trust in others' knowledge and ability
Market players assume that other players possess or have
access to the intellectual property, technology, and
knowledge they need in order to realize their intentions
and obligations. This implicitly presupposes that all other
market players are physically, mentally, legally and
financially able and willing to act their parts as stipulated,
for instance, in contracts they sign.
The emotional dimensions of contracting are often
neglected in economics. Players assume that their
counterparts maintain a realistic and stable sense of self-
worth based on intimate knowledge of their own strengths
and weaknesses. Market participants are presumed to
harbor realistic expectations, commensurate with their
skills and accomplishments. Allowance is made for
exaggeration, disinformation, even outright deception -
but these are supposed to be marginal phenomena.
When trust breaks down - often the result of an external or
internal systemic shock - people react expectedly. The
number of voluntary interactions and transactions
decreases sharply. With a collapsed investment horizon,
individuals and firms become corrupt in an effort to
shortcut their way into economic benefits, not knowing
how long will the system survive. Criminal activity
increases.
People compensate with fantasies and grandiose delusions
for their growing sense of uncertainty, helplessness, and
fears. This is a self-reinforcing mechanism, a vicious
cycle which results in under-confidence and a fluctuating
self esteem. They develop psychological defence
mechanisms.
Cognitive dissonance ("I really choose to be poor rather
than heartless"), pathological envy (seeks to deprive
others and thus gain emotional reward), rigidity ("I am
like that, my family or ethnic group has been like that for
generations, there is nothing I can do"), passive-
aggressive behavior (obstructing the work flow,
absenteeism, stealing from the employer, adhering strictly
to arcane regulations) - are all reactions to a breakdown in
one or more of the four aforementioned types of trust.
Furthermore, people in a trust crisis are unable to
postpone gratification. They often become frustrated,
aggressive, and deceitful if denied. They resort to reckless
behavior and stopgap economic activities.
In economic environments with compromised and
impaired trust, loyalty decreases and mobility increases.
People switch jobs, renege on obligations, fail to repay
debts, relocate often. Concepts like exclusivity, the
sanctity of contracts, workplace loyalty, or a career path -
all get eroded. As a result, little is invested in the future, in
the acquisition of skills, in long term savings. Short-
termism and bottom line mentality rule.
The outcomes of a crisis of trust are, usually, catastrophic:
Economic activity is much reduced, human capital is
corroded and wasted, brain drain increases, illegal and
extra-legal activities rise, society is polarized between
haves and haves-not, interethnic and inter-racial tensions
increase. To rebuild trust in such circumstances is a
daunting task. The loss of trust is contagious and, finally,
it infects every institution and profession in the land. It is
the stuff revolutions are made of.
XXXVIII. The Distributive Justice of the Market
The public outcry against executive pay and compensation
followed disclosures of insider trading, double dealing,
and outright fraud. But even honest and productive
entrepreneurs often earn more money in one year than
Albert Einstein did in his entire life. This strikes many -
especially academics - as unfair. Surely Einstein's
contributions to human knowledge and welfare far exceed
anything ever accomplished by sundry businessmen?
Fortunately, this discrepancy is cause for constructive
jealousy, emulation, and imitation. It can, however, lead
to an orgy of destructive and self-ruinous envy.
Such envy is reinforced by declining social mobility in the
United States. Recent (2006-7) studies by the OECD
(Organization for Economic Cooperation and
Development) clearly demonstrate that the American
Dream is a myth. In an editorial dated July 13, 2007, the
New-York Times described the rapidly deteriorating
situation thus:
"... (M)obility between generations - people doing
better or worse than their parents - is weaker in
America than in Denmark, Austria, Norway, Finland,
Canada, Sweden, Germany, Spain and France. In
America, there is more than a 40 percent chance that if
a father is in the bottom fifth of the earnings'
distribution, his son will end up there, too. In Denmark,
the equivalent odds are under 25 percent, and they are
less than 30 percent in Britain.
America's sluggish mobility is ultimately unsurprising.
Wealthy parents not only pass on that wealth in
inheritances, they can pay for better education, nutrition
and health care for their children. The poor cannot
afford this investment in their children's development -
and the government doesn't provide nearly enough help.
In a speech earlier this year, the Federal Reserve
chairman, Ben Bernanke, argued that while the
inequality of rewards fuels the economy by making
people exert themselves, opportunity should be "as
widely distributed and as equal as possible." The
problem is that the have-nots don't have many
opportunities either".
Still, entrepreneurs recombine natural and human
resources in novel ways. They do so to respond to
forecasts of future needs, or to observations of failures
and shortcomings of current products or services.
Entrepreneurs are professional - though usually intuitive -
futurologists. This is a valuable service and it is financed
by systematic risk takers, such as venture capitalists.
Surely they all deserve compensation for their efforts and
the hazards they assume?
Exclusive ownership is the most ancient type of such
remuneration. First movers, entrepreneurs, risk takers,
owners of the wealth they generated, exploiters of
resources - are allowed to exclude others from owning or
exploiting the same things. Mineral concessions, patents,
copyright, trademarks - are all forms of monopoly
ownership. What moral right to exclude others is gained
from being the first?
Nozick advanced Locke's Proviso. An exclusive
ownership of property is just only if "enough and as good
is left in common for others". If it does not worsen other
people's lot, exclusivity is morally permissible. It can be
argued, though, that all modes of exclusive ownership
aggravate other people's situation. As far as everyone, bar
the entrepreneur, are concerned, exclusivity also prevents
a more advantageous distribution of income and wealth.
Exclusive ownership reflects real-life irreversibility. A
first mover has the advantage of excess information and of
irreversibly invested work, time, and effort. Economic
enterprise is subject to information asymmetry: we know
nothing about the future and everything about the past.
This asymmetry is known as "investment risk". Society
compensates the entrepreneur with one type of asymmetry
- exclusive ownership - for assuming another, the
investment risk.
One way of looking at it is that all others are worse off by
the amount of profits and rents accruing to owner-
entrepreneurs. Profits and rents reflect an intrinsic
inefficiency. Another is to recall that ownership is the
result of adding value to the world. It is only reasonable to
expect it to yield to the entrepreneur at least this value
added now and in the future.
In a "Theory of Justice" (published 1971, p. 302), John
Rawls described an ideal society thus:
"(1) Each person is to have an equal right to the most
extensive total system of equal basic liberties compatible
with a similar system of liberty for all. (2) Social and
economic inequalities are to be arranged so that they are
both: (a) to the greatest benefit of the least advantaged,
consistent with the just savings principle, and (b) attached
to offices and positions open to all under conditions of fair
equality of opportunity".
It all harks back to scarcity of resources - land, money,
raw materials, manpower, creative brains. Those who can
afford to do so, hoard resources to offset anxiety
regarding future uncertainty. Others wallow in paucity.
The distribution of means is thus skewed. "Distributive
justice" deals with the just allocation of scarce resources.
Yet, even the basic terminology is somewhat fuzzy. What
constitutes a resource? what is meant by allocation? Who
should allocate resources - Adam Smith's "invisible
hand", the government, the consumer, or business? Should
it reflect differences in power, in intelligence, in
knowledge, or in heredity? Should resource allocation be
subject to a principle of entitlement? Is it reasonable to
demand that it be just - or merely efficient? Are justice
and efficiency antonyms?
Justice is concerned with equal access to opportunities.
Equal access does not guarantee equal outcomes,
invariably determined by idiosyncrasies and differences
between people. Access leveraged by the application of
natural or acquired capacities - translates into accrued
wealth. Disparities in these capacities lead to
discrepancies in accrued wealth.
The doctrine of equal access is founded on the
equivalence of Men. That all men are created equal and
deserve the same respect and, therefore, equal treatment is
not self evident. European aristocracy well into this
century would have probably found this notion abhorrent.
Jose Ortega Y Gasset, writing in the 1930's, preached that
access to educational and economic opportunities should
be premised on one's lineage, up bringing, wealth, and
social responsibilities.
A succession of societies and cultures discriminated
against the ignorant, criminals, atheists, females,
homosexuals, members of ethnic, religious, or racial
groups, the old, the immigrant, and the poor. Communism
- ostensibly a strict egalitarian idea - foundered because it
failed to reconcile strict equality with economic and
psychological realities within an impatient timetable.
Philosophers tried to specify a "bundle" or "package" of
goods, services, and intangibles (like information, or
skills, or knowledge). Justice - though not necessarily
happiness - is when everyone possesses an identical
bundle. Happiness - though not necessarily justice - is
when each one of us possesses a "bundle" which reflects
his or her preferences, priorities, and predilections. None
of us will be too happy with a standardized bundle,
selected by a committee of philosophers - or bureaucrats,
as was the case under communism.
The market allows for the exchange of goods and services
between holders of identical bundles. If I seek books, but
detest oranges - I can swap them with someone in return
for his books. That way both of us are rendered better off
than under the strict egalitarian version.
Still, there is no guarantee that I will find my exact match
- a person who is interested in swapping his books for my
oranges. Illiquid, small, or imperfect markets thus inhibit
the scope of these exchanges. Additionally, exchange
participants have to agree on an index: how many books
for how many oranges? This is the price of oranges in
terms of books.
Money - the obvious "index" - does not solve this
problem, merely simplifies it and facilitates exchanges. It
does not eliminate the necessity to negotiate an "exchange
rate". It does not prevent market failures. In other words:
money is not an index. It is merely a medium of exchange
and a store of value. The index - as expressed in terms of
money - is the underlying agreement regarding the values
of resources in terms of other resources (i.e., their relative
values).
The market - and the price mechanism - increase
happiness and welfare by allowing people to alter the
composition of their bundles. The invisible hand is just
and benevolent. But money is imperfect. The
aforementioned Rawles demonstrated (1971), that we
need to combine money with other measures in order to
place a value on intangibles.
The prevailing market theories postulate that everyone has
the same resources at some initial point (the "starting
gate"). It is up to them to deploy these endowments and,
thus, to ravage or increase their wealth. While the initial
distribution is equal - the end distribution depends on how
wisely - or imprudently - the initial distribution was used.
Egalitarian thinkers proposed to equate everyone's income
in each time frame (e.g., annually). But identical incomes
do not automatically yield the same accrued wealth. The
latter depends on how the income is used - saved,
invested, or squandered. Relative disparities of wealth are
bound to emerge, regardless of the nature of income
distribution.
Some say that excess wealth should be confiscated and
redistributed. Progressive taxation and the welfare state
aim to secure this outcome. Redistributive mechanisms
reset the "wealth clock" periodically (at the end of every
month, or fiscal year). In many countries, the law dictates
which portion of one's income must be saved and, by
implication, how much can be consumed. This conflicts
with basic rights like the freedom to make economic
choices.
The legalized expropriation of income (i.e., taxes) is
morally dubious. Anti-tax movements have sprung all
over the world and their philosophy permeates the
ideology of political parties in many countries, not least
the USA. Taxes are punitive: they penalize enterprise,
success, entrepreneurship, foresight, and risk assumption.
Welfare, on the other hand, rewards dependence and
parasitism.
According to Rawles' Difference Principle, all tenets of
justice are either redistributive or retributive. This ignores
non-economic activities and human inherent variance.
Moreover, conflict and inequality are the engines of
growth and innovation - which mostly benefit the least
advantaged in the long run. Experience shows that
unmitigated equality results in atrophy, corruption and
stagnation. Thermodynamics teaches us that life and
motion are engendered by an irregular distribution of
energy. Entropy - an even distribution of energy - equals
death and stasis.
What about the disadvantaged and challenged - the
mentally retarded, the mentally insane, the paralyzed, the
chronically ill? For that matter, what about the less
talented, less skilled, less daring? Dworkin (1981)
proposed a compensation scheme. He suggested a model
of fair distribution in which every person is given the
same purchasing power and uses it to bid, in a fair
auction, for resources that best fit that person's life plan,
goals and preferences.
Having thus acquired these resources, we are then
permitted to use them as we see fit. Obviously, we end up
with disparate economic results. But we cannot complain -
we were given the same purchasing power and the
freedom to bid for a bundle of our choice.
Dworkin assumes that prior to the hypothetical auction,
people are unaware of their own natural endowments but
are willing and able to insure against being naturally
disadvantaged. Their payments create an insurance pool to
compensate the less fortunate for their misfortune.
This, of course, is highly unrealistic. We are usually very
much aware of natural endowments and liabilities - both
ours and others'. Therefore, the demand for such insurance
is not universal, nor uniform. Some of us badly need and
want it - others not at all. It is morally acceptable to let
willing buyers and sellers to trade in such coverage (e.g.,
by offering charity or alms) - but may be immoral to make
it compulsory.
Most of the modern welfare programs are involuntary
Dworkin schemes. Worse yet, they often measure
differences in natural endowments arbitrarily, compensate
for lack of acquired skills, and discriminate between types
of endowments in accordance with cultural biases and
fads.
Libertarians limit themselves to ensuring a level playing
field of just exchanges, where just actions always result in
just outcomes. Justice is not dependent on a particular
distribution pattern, whether as a starting point, or as an
outcome. Robert Nozick "Entitlement Theory" proposed
in 1974 is based on this approach.
That the market is wiser than any of its participants is a
pillar of the philosophy of capitalism. In its pure form, the
theory claims that markets yield patterns of merited
distribution - i.e., reward and punish justly. Capitalism
generate just deserts. Market failures - for instance, in the
provision of public goods - should be tackled by
governments. But a just distribution of income and wealth
does not constitute a market failure and, therefore, should
not be tampered with.
XXXIX. The Agent-Principal Conundrum
In the catechism of capitalism, shares represent the part-
ownership of an economic enterprise, usually a firm. The
value of shares is determined by the replacement value of
the assets of the firm, including intangibles such as
goodwill. The price of the share is determined by
transactions among arm's length buyers and sellers in an
efficient and liquid market. The price reflects expectations
regarding the future value of the firm and the stock's
future stream of income - i.e., dividends.
Alas, none of these oft-recited dogmas bears any
resemblance to reality. Shares rarely represent ownership.
The float - the number of shares available to the public - is
frequently marginal. Shareholders meet once a year to
vent and disperse. Boards of directors are appointed by
management - as are auditors. Shareholders are not
represented in any decision making process - small or big.
The dismal truth is that shares reify the expectation to find
future buyers at a higher price and thus incur capital gains.
In the Ponzi scheme known as the stock exchange, this
expectation is proportional to liquidity - new suckers - and
volatility. Thus, the price of any given stock reflects
merely the consensus as to how easy it would be to
offload one's holdings and at what price.
Another myth has to do with the role of managers. They
are supposed to generate higher returns to shareholders by
increasing the value of the firm's assets and, therefore, of
the firm. If they fail to do so, goes the moral tale, they are
booted out mercilessly. This is one manifestation of the
"Principal-Agent Problem". It is defined thus by the
Oxford Dictionary of Economics:
"The problem of how a person A can motivate person B to
act for A's benefit rather than following (his) self-
interest".
The obvious answer is that A can never motivate B not to
follow B's self-interest - never mind what the incentives
are. That economists pretend otherwise - in "optimal
contracting theory" - just serves to demonstrate how
divorced economics is from human psychology and, thus,
from reality.
Managers will always rob blind the companies they run.
They will always manipulate boards to collude in their
shenanigans. They will always bribe auditors to bend the
rules. In other words, they will always act in their self-
interest. In their defense, they can say that the damage
from such actions to each shareholder is minuscule while
the benefits to the manager are enormous. In other words,
this is the rational, self-interested, thing to do.
But why do shareholders cooperate with such corporate
brigandage? In an important Chicago Law Review article
whose preprint was posted to the Web a few weeks ago -
titled "Managerial Power and Rent Extraction in the
Design of Executive Compensation" - the authors
demonstrate how the typical stock option granted to
managers as part of their remuneration rewards mediocrity
rather than encourages excellence.
But everything falls into place if we realize that
shareholders and managers are allied against the firm - not
pitted against each other. The paramount interest of both
shareholders and managers is to increase the value of the
stock - regardless of the true value of the firm. Both are
concerned with the performance of the share - rather than
the performance of the firm. Both are preoccupied with
boosting the share's price - rather than the company's
business.
Hence the inflationary executive pay packets.
Shareholders hire stock manipulators - euphemistically
known as "managers" - to generate expectations regarding
the future prices of their shares. These snake oil salesmen
and snake charmers - the corporate executives - are
allowed by shareholders to loot the company providing
they generate consistent capital gains to their masters by
provoking persistent interest and excitement around the
business. Shareholders, in other words, do not behave as
owners of the firm - they behave as free-riders.
The Principal-Agent Problem arises in other social
interactions and is equally misunderstood there. Consider
taxpayers and their government. Contrary to conservative
lore, the former want the government to tax them
providing they share in the spoils. They tolerate
corruption in high places, cronyism, nepotism, inaptitude
and worse - on condition that the government and the
legislature redistribute the wealth they confiscate. Such
redistribution often comes in the form of pork barrel
projects and benefits to the middle-class.
This is why the tax burden and the government's share of
GDP have been soaring inexorably with the consent of the
citizenry. People adore government spending precisely
because it is inefficient and distorts the proper allocation
of economic resources. The vast majority of people are
rent-seekers. Witness the mass demonstrations that erupt
whenever governments try to slash expenditures,
privatize, and eliminate their gaping deficits. This is one
reason the IMF with its austerity measures is universally
unpopular.
Employers and employees, producers and consumers -
these are all instances of the Principal-Agent Problem.
Economists would do well to discard their models and go
back to basics. They could start by asking:
Why do shareholders acquiesce with executive
malfeasance as long as share prices are rising?
Why do citizens protest against a smaller government -
even though it means lower taxes?
Could it mean that the interests of shareholders and
managers are identical? Does it imply that people prefer
tax-and-spend governments and pork barrel politics to the
Thatcherite alternative?
Nothing happens by accident or by coercion. Shareholders
aided and abetted the current crop of corporate executives
enthusiastically. They knew well what was happening.
They may not have been aware of the exact nature and
extent of the rot - but they witnessed approvingly the
public relations antics, insider trading, stock option
resetting , unwinding, and unloading, share price
manipulation, opaque transactions, and outlandish pay
packages. Investors remained mum throughout the
corruption of corporate America. It is time for the
hangover.
XL. The Green-Eyed Capitalist
Conservative sociologists self-servingly marvel at the
peaceful proximity of abject poverty and ostentatious
affluence in American - or, for that matter, Western -
cities. Devastating riots do erupt, but these are reactions
either to perceived social injustice (Los Angeles 1965) or
to political oppression (Paris 1968). The French
Revolution may have been the last time the urban sans-
culotte raised a fuss against the economically
enfranchised.
This pacific co-existence conceals a maelstrom of envy.
Behold the rampant Schadenfreude which accompanied
the antitrust case against the predatory but loaded
Microsoft. Observe the glee which engulfed many
destitute countries in the wake of the September 11
atrocities against America, the epitome of triumphant
prosperity. Witness the post-World.com orgiastic
castigation of avaricious CEO's.
Envy - a pathological manifestation of destructive
aggressiveness - is distinct from jealousy.
The New Oxford Dictionary of English defines envy as:
"A feeling of discontented or resentful longing aroused by
someone else's possessions, qualities, or luck ...
Mortification and ill-will occasioned by the contemplation
of another's superior advantages".
Pathological envy - the fourth deadly sin - is engendered
by the realization of some lack, deficiency, or inadequacy
in oneself. The envious begrudge others their success,
brilliance, happiness, beauty, good fortune, or wealth.
Envy provokes misery, humiliation, and impotent rage.
The envious copes with his pernicious emotions in five
ways:
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