The Limitations of “Rot”

I was going to do this as a comment to Jessica’s post on Frank Pasquale’s post on the rot in America’s financial system, but it got a bit long, so I decided to make it a post.

Jessica cites to a post on Concurring Opinions which relies, to some extent, on a comment in response to a post that I wrote on Prawfs. It’s a small blogosphere after all.

There is much to be said in response to the Pasquale post (which I agree is provocative), but I want to focus on one part that Jessica highlights:

Can anyone doubt that our economy is exposed (with each passing day) as more Sicilian in its “winners’” casual acceptance of fraud, more Russian in its oligarchic tendencies, more Brazilian in its inequality?

Well, I think I can.

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Frank Pasquale Blogging About “A Deep Rot at the Core of American Finance and Politics”

Over at Concurring Opinions, Frank Pasquale has written a post entitled “The Economics Was Fake But the Bonuses Were Real.”  If you find yourself wondering lately about whether and how we will “rebuild the trust necessary for a thriving economy” (Pasquale’s words), it’s worth reading.  He discusses, for instance, the recent and somewhat surprising statements by a “shaken Richard Posner,” who seems to be losing his faith in law and economics. And he describes the profound opportunism at the base of our economic crisis:

The current crisis exposes the fragility of markets generally. They are built on mutual reciprocity, and as more opportunism from trusted intermediaries is exposed, the weaker our faith in other market actors becomes. Both Francis Fukuyama’s work on trust and Robert Putnam’s on the “social capital” it reflects bode ill for our economy. Putnam describes a southern Italy mired in corruption and fraud, and a northern Italy whose economic success is built on its long history of civic associations and mutual endeavor. Can anyone doubt that our economy is exposed (with each passing day) as more Sicilian in its “winners'” casual acceptance of fraud, more Russian in its oligarchic tendencies, more Brazilian in its inequality? After the Madoff scandal, what are investors to do–personally spot-check their broker’s office and assure that trades are actually being made?

There is a bunch of other interesting stuff in this post, but I think I’ll just end with my favorite part.  In discussing the “worship of wealth,” Pasquale quotes from the blog of former fund manager John Bogle:

At a party given by a billionaire on Shelter Island, the late Kurt Vonnegut informs his pal, the author Joseph Heller, that their host, a hedge fund manager, had made more money in a single day than Heller had earned from his wildly popular novel Catch 22 over its whole history. Heller responds, “Yes, but I have something he will never have . . . Enough.”

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RIAA Ends Litigation Campaign

It’s official: the RIAA is throwing in the towel on its litigation campaign against filesharers. Wall Street Journal; CNET News. (One footnote: although the “campaign” is over, apparently individual battles will continue against heavy downloaders or uploaders.) This will not come as a surprise to my Internet law students; we spent the last couple of weeks of class discussing the content industry’s options, and the class was nearly unanimous that the lawsuits were unlikely to be effective. The only dissenters from that view opined that maybe the campaign was succeeding as a sort of public service announcement—use only legitimate sites and don’t upload! But as we noted in class, changing individual behavior from the top down is very difficult to pull off. It’s inefficient, in the sense that you aren’t likely to get much bang for your buck.

And indeed, that seems to be what’s behind the decision to end the lawsuits. The RIAA is a trade organization, funded by the member companies. And the member companies are apparently unhappy with the amount that they’ve been ponying up lately in the form of dues. A related report out today indicates that the record labels will be cutting back on their contributions this year.

So now there are two questions to ponder, one for today and one for a later post: first, how much of a success or failure was the litigation campaign? And second, what next?

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