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	<title>Comments on: Blind Justice</title>
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	<description>The Big Questions &#124; Tackling the Problems of Philosophy with Ideas from Mathematics, Economics, and Physics</description>
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		<title>By: S.V.</title>
		<link>http://www.thebigquestions.com/2009/11/09/blind-justice/comment-page-1/#comment-718</link>
		<dc:creator>S.V.</dc:creator>
		<pubDate>Mon, 23 Nov 2009 20:26:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.thebigquestions.com/?p=656#comment-718</guid>
		<description>Let&#039;s do a model based reasoning. In our country we have two kinds of firms, the Shelleys and the Marys. Due to technological constraints, the Shelley firm is only able to produce the x good and the Mary firm can only produces the y good. They both have the same cost of production:
$C_S(x)=\frac{x^2}{2}$ and $C_M(y)=\frac{y^2}{2}$.  

We also have two kind of customers, the Franks and the Steins. They have the following utilities:
$v_{F}(x,y,t)=\log(1+x+y)+$t,
$v_{S}(x,y,t)=\log(1+x)+t$.

We have $f_M$ firms of the Mary&#039;s type and $1-f_M$ firms of the Shelley&#039;s type. And we have $h_S$ Stein customers and $1-h_S$ Frank customers.

Note that $x$ and $y$ are perfect substitutes for the Frank customer and the Stein customer does not purchase the $y$ good. The consequence is that the price of $y$ must not be bigger than the price of $x$, otherwise nobody is going to buy $y$. This gives us $p_y \leq p_x$.

We suppose the firms are profit maximizers and so we the firm&#039;s supply is:
$S_x(p_x,p_y)=(1-f_M) p_x$.
$S_y(p_x,p_y)=f_M p_y$.

The demand function for the Stein is:
$D_S(p_x,p_y)= h_S \frac{1-p_x}{p_x}$,

and for Frank we have two cases, the first one, when $p_x&gt;p_y$:
$D_F(p_x,p_y)= (1-h_S) \frac{1-p_y}{p_y}$,

and the second one, when $p_x=p_y$. In this case, as Frank is indifferent between $x$ and $y$, so the demand function will reflect this:
$D_F(p_x,p_y)=(1-h_S)(\alpha \frac{1-p_x}{p_x} +(1-\alpha)\frac{1-p_y}{p_y})$,

where $\alpha$ will be chosen endogenously. 

Equating supply and demand for goods $x$ and $y$ we have that:
If $h_s+f_m \leq 1$, then $\alpha=\frac{-1 + f_m + h_s}{-1 + h_s}$ and the price is $p_x=p_y=0.618034$.

If $h_s+f_m &gt;1$, then the price is:

$p_x=\frac {h_s - \sqrt {4 h_s - 4 f_m h_s + h_ {s}^2}} {2 (f_m - 1)}$,

and

$p_y=\frac {-1 +h_s + \sqrt {1 + 4 f_m - 2 h_s - 4 f_m h_s + 
        h_ {s}^2}} {2 f_m)}$


It is a little bit messy, as I can post graphics here, but using these prices to derive the welfare here, we can show that when $h_s+f_m &gt;1$, the partial derivative of the welfare with respect to $f_m$ is always negative. This means that we have a lost of welfare in response to an increase of the participation of type Marys firms on the market.

Besides, the price $p_x$ above is greater than price $p_y$, so the Steins will end up paying more than the Franks.

In summary:
-Mary firms behavior is not welfare neutral. We have a kind of &quot;maryweigh loss&quot;.
-It does harm the Stein customers.

So the central authority has reasons to avoid this kind of Mary&#039;s behavior.</description>
		<content:encoded><![CDATA[<p>Let&#8217;s do a model based reasoning. In our country we have two kinds of firms, the Shelleys and the Marys. Due to technological constraints, the Shelley firm is only able to produce the x good and the Mary firm can only produces the y good. They both have the same cost of production:<br />
$C_S(x)=\frac{x^2}{2}$ and $C_M(y)=\frac{y^2}{2}$.  </p>
<p>We also have two kind of customers, the Franks and the Steins. They have the following utilities:<br />
$v_{F}(x,y,t)=\log(1+x+y)+$t,<br />
$v_{S}(x,y,t)=\log(1+x)+t$.</p>
<p>We have $f_M$ firms of the Mary&#8217;s type and $1-f_M$ firms of the Shelley&#8217;s type. And we have $h_S$ Stein customers and $1-h_S$ Frank customers.</p>
<p>Note that $x$ and $y$ are perfect substitutes for the Frank customer and the Stein customer does not purchase the $y$ good. The consequence is that the price of $y$ must not be bigger than the price of $x$, otherwise nobody is going to buy $y$. This gives us $p_y \leq p_x$.</p>
<p>We suppose the firms are profit maximizers and so we the firm&#8217;s supply is:<br />
$S_x(p_x,p_y)=(1-f_M) p_x$.<br />
$S_y(p_x,p_y)=f_M p_y$.</p>
<p>The demand function for the Stein is:<br />
$D_S(p_x,p_y)= h_S \frac{1-p_x}{p_x}$,</p>
<p>and for Frank we have two cases, the first one, when $p_x&gt;p_y$:<br />
$D_F(p_x,p_y)= (1-h_S) \frac{1-p_y}{p_y}$,</p>
<p>and the second one, when $p_x=p_y$. In this case, as Frank is indifferent between $x$ and $y$, so the demand function will reflect this:<br />
$D_F(p_x,p_y)=(1-h_S)(\alpha \frac{1-p_x}{p_x} +(1-\alpha)\frac{1-p_y}{p_y})$,</p>
<p>where $\alpha$ will be chosen endogenously. </p>
<p>Equating supply and demand for goods $x$ and $y$ we have that:<br />
If $h_s+f_m \leq 1$, then $\alpha=\frac{-1 + f_m + h_s}{-1 + h_s}$ and the price is $p_x=p_y=0.618034$.</p>
<p>If $h_s+f_m &gt;1$, then the price is:</p>
<p>$p_x=\frac {h_s &#8211; \sqrt {4 h_s &#8211; 4 f_m h_s + h_ {s}^2}} {2 (f_m &#8211; 1)}$,</p>
<p>and</p>
<p>$p_y=\frac {-1 +h_s + \sqrt {1 + 4 f_m &#8211; 2 h_s &#8211; 4 f_m h_s +<br />
        h_ {s}^2}} {2 f_m)}$</p>
<p>It is a little bit messy, as I can post graphics here, but using these prices to derive the welfare here, we can show that when $h_s+f_m &gt;1$, the partial derivative of the welfare with respect to $f_m$ is always negative. This means that we have a lost of welfare in response to an increase of the participation of type Marys firms on the market.</p>
<p>Besides, the price $p_x$ above is greater than price $p_y$, so the Steins will end up paying more than the Franks.</p>
<p>In summary:<br />
-Mary firms behavior is not welfare neutral. We have a kind of &#8220;maryweigh loss&#8221;.<br />
-It does harm the Stein customers.</p>
<p>So the central authority has reasons to avoid this kind of Mary&#8217;s behavior.</p>
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		<title>By: Huck</title>
		<link>http://www.thebigquestions.com/2009/11/09/blind-justice/comment-page-1/#comment-562</link>
		<dc:creator>Huck</dc:creator>
		<pubDate>Wed, 18 Nov 2009 03:18:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.thebigquestions.com/?p=656#comment-562</guid>
		<description>In the Albanian scenario Mary has clearly reduced the Albanians&#039; leverage and buying power. Because they have fewer choices they will pay higher prices, and inversely a customer with more choices pays lower prices. In this scenario the Albanian has been saddled with an inherent limitation. An attentive supplier of apartments will recognize this and increase prices. If he can, just for Albanians, but if he can&#039;t, then he&#039;ll charge something in between the Albanian and non-Albanian price. Either way the rent for all other apartments will increase when Mary refuses Albanians. For he, the other apartment renter, will be providing a extra service, regardless of whether it benefits or is preferred by all his renters. That service being &#039;universal renter acceptance&#039; (or at least Albanian inclusive renter acceptance). Competition may ensue but rent in these places will never drop to Mary&#039;s level, because the product is Mary&#039;s +1.

If I have no car then I am at a similar disadvantage regarding where I can shop for groceries compared to those with a car. I will pay more for my groceries because I am buying an extra service, namely &#039;convenience.&#039; If convenience stores could specifically target me as a non-driver they would surely do so because I have few if any other choices. As it is, though, their prices are higher on average than at the Wal-Mart outside the city. Like the non-Albanians the driver can choose at any time to pay the premium of convenience and unlike the non-Albanians even get the benefit of said convenience. Incidentally, this is an actual complaint against Wal-Mart, that it effectively discriminates by its location against the poor, which is probably true but completely stupid.

Now, an extra result could then occur if most non-Albanians are secretly as bigoted as Mary and actually prefer Mary&#039;s &#039;Albanian-free&#039; apartments. Then she&#039;s offering an extra benefit just for bigots and perhaps could increase her price. But at the least the non-Albanians&#039; range of options has increased and that&#039;s a benefit. If they don&#039;t care one way or the other then they can just go against the grain and they&#039;ll necessarily get to live in the cheaper apartment.

Stupidly, the only two parties being hurt by Mary are Albanians, reduced leverage, and Mary in exactly the same way, by reducing her customer base. This will of course decrease the amount of rent she is able to ask for. If she sells to a non-bigot Albanians rejoice and non-Albanians lose out big time.

Come to think of it this is exactly how your free-trade argument works. It&#039;s Protectionism! Hey!?</description>
		<content:encoded><![CDATA[<p>In the Albanian scenario Mary has clearly reduced the Albanians&#8217; leverage and buying power. Because they have fewer choices they will pay higher prices, and inversely a customer with more choices pays lower prices. In this scenario the Albanian has been saddled with an inherent limitation. An attentive supplier of apartments will recognize this and increase prices. If he can, just for Albanians, but if he can&#8217;t, then he&#8217;ll charge something in between the Albanian and non-Albanian price. Either way the rent for all other apartments will increase when Mary refuses Albanians. For he, the other apartment renter, will be providing a extra service, regardless of whether it benefits or is preferred by all his renters. That service being &#8216;universal renter acceptance&#8217; (or at least Albanian inclusive renter acceptance). Competition may ensue but rent in these places will never drop to Mary&#8217;s level, because the product is Mary&#8217;s +1.</p>
<p>If I have no car then I am at a similar disadvantage regarding where I can shop for groceries compared to those with a car. I will pay more for my groceries because I am buying an extra service, namely &#8216;convenience.&#8217; If convenience stores could specifically target me as a non-driver they would surely do so because I have few if any other choices. As it is, though, their prices are higher on average than at the Wal-Mart outside the city. Like the non-Albanians the driver can choose at any time to pay the premium of convenience and unlike the non-Albanians even get the benefit of said convenience. Incidentally, this is an actual complaint against Wal-Mart, that it effectively discriminates by its location against the poor, which is probably true but completely stupid.</p>
<p>Now, an extra result could then occur if most non-Albanians are secretly as bigoted as Mary and actually prefer Mary&#8217;s &#8216;Albanian-free&#8217; apartments. Then she&#8217;s offering an extra benefit just for bigots and perhaps could increase her price. But at the least the non-Albanians&#8217; range of options has increased and that&#8217;s a benefit. If they don&#8217;t care one way or the other then they can just go against the grain and they&#8217;ll necessarily get to live in the cheaper apartment.</p>
<p>Stupidly, the only two parties being hurt by Mary are Albanians, reduced leverage, and Mary in exactly the same way, by reducing her customer base. This will of course decrease the amount of rent she is able to ask for. If she sells to a non-bigot Albanians rejoice and non-Albanians lose out big time.</p>
<p>Come to think of it this is exactly how your free-trade argument works. It&#8217;s Protectionism! Hey!?</p>
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		<title>By: RL</title>
		<link>http://www.thebigquestions.com/2009/11/09/blind-justice/comment-page-1/#comment-479</link>
		<dc:creator>RL</dc:creator>
		<pubDate>Sat, 14 Nov 2009 08:38:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.thebigquestions.com/?p=656#comment-479</guid>
		<description>Really, Sierra? So you think our children look to their teachers as their freely chosen representatives? Or you think voters choose Congressmen to be their moral guides and ethical leaders? (If the latter, we&#039;re CLEARLY doing a bad job--just pick up the Washington Post on any given day.)</description>
		<content:encoded><![CDATA[<p>Really, Sierra? So you think our children look to their teachers as their freely chosen representatives? Or you think voters choose Congressmen to be their moral guides and ethical leaders? (If the latter, we&#8217;re CLEARLY doing a bad job&#8211;just pick up the Washington Post on any given day.)</p>
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		<title>By: Weekend Roundup at Steven Landsburg &#124; The Big Questions: Tackling the Problems of Philosophy with Ideas from Mathematics, Economics, and Physics</title>
		<link>http://www.thebigquestions.com/2009/11/09/blind-justice/comment-page-1/#comment-477</link>
		<dc:creator>Weekend Roundup at Steven Landsburg &#124; The Big Questions: Tackling the Problems of Philosophy with Ideas from Mathematics, Economics, and Physics</dc:creator>
		<pubDate>Sat, 14 Nov 2009 07:05:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.thebigquestions.com/?p=656#comment-477</guid>
		<description>[...] of good discussion on the blog this week. We began with a lively debate about the moral basis for antidiscrimination laws, which inspired some thoughtful commentary from [...]</description>
		<content:encoded><![CDATA[<p>[...] of good discussion on the blog this week. We began with a lively debate about the moral basis for antidiscrimination laws, which inspired some thoughtful commentary from [...]</p>
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		<title>By: Sierra Black</title>
		<link>http://www.thebigquestions.com/2009/11/09/blind-justice/comment-page-1/#comment-398</link>
		<dc:creator>Sierra Black</dc:creator>
		<pubDate>Thu, 12 Nov 2009 05:36:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.thebigquestions.com/?p=656#comment-398</guid>
		<description>&quot;Now we do sometimes empower the *teacher* to enforce sharing. But that raises the issue: Are our lawmakers more closely analogous to our fellow students or to our teachers? I think it’s clearly the former. I’m not sure of this, but maybe this is where we differ.&quot;

This is exactly where we differ. I was seeing the government as being the &quot;teacher&quot; in this situation because they were the third party authority being appealed to by the two parties who cannot agree. Sometimes, as a teacher, I say to the kids, &quot;Don&#039;t come whining to me, work it out!&quot; but if I do get involved, I enforce my sense of fairness - you must share with the class. 

I think the businesses and individuals largely see the goverment as being in the teacher role because, right or not, the govt does have the power to enforce a standard of fairness. The government is being asked to intervene because of its authority, not because of its wisdom. If they wanted to consult with a peer, they&#039;d go to the media, academia or another business for guidance. Right?</description>
		<content:encoded><![CDATA[<p>&#8220;Now we do sometimes empower the *teacher* to enforce sharing. But that raises the issue: Are our lawmakers more closely analogous to our fellow students or to our teachers? I think it’s clearly the former. I’m not sure of this, but maybe this is where we differ.&#8221;</p>
<p>This is exactly where we differ. I was seeing the government as being the &#8220;teacher&#8221; in this situation because they were the third party authority being appealed to by the two parties who cannot agree. Sometimes, as a teacher, I say to the kids, &#8220;Don&#8217;t come whining to me, work it out!&#8221; but if I do get involved, I enforce my sense of fairness &#8211; you must share with the class. </p>
<p>I think the businesses and individuals largely see the goverment as being in the teacher role because, right or not, the govt does have the power to enforce a standard of fairness. The government is being asked to intervene because of its authority, not because of its wisdom. If they wanted to consult with a peer, they&#8217;d go to the media, academia or another business for guidance. Right?</p>
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		<title>By: Steve Landsburg</title>
		<link>http://www.thebigquestions.com/2009/11/09/blind-justice/comment-page-1/#comment-387</link>
		<dc:creator>Steve Landsburg</dc:creator>
		<pubDate>Wed, 11 Nov 2009 18:04:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.thebigquestions.com/?p=656#comment-387</guid>
		<description>S.V.:  What you&#039;ve lost sight of is this:  If the Albanian is paying more than the surrounding Serbians, then landlords will compete for his business.  &quot;I&#039;m renting to a Serbian at $100.  You&#039;re currently paying a total of $150.  Come take over the Serb&#039;s apartment and I&#039;ll let you have it for $140.&quot;  Unless most landlords are like Mary, this competition eventually makes apartments available to everyone at the same price.</description>
		<content:encoded><![CDATA[<p>S.V.:  What you&#8217;ve lost sight of is this:  If the Albanian is paying more than the surrounding Serbians, then landlords will compete for his business.  &#8220;I&#8217;m renting to a Serbian at $100.  You&#8217;re currently paying a total of $150.  Come take over the Serb&#8217;s apartment and I&#8217;ll let you have it for $140.&#8221;  Unless most landlords are like Mary, this competition eventually makes apartments available to everyone at the same price.</p>
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		<title>By: S.V.</title>
		<link>http://www.thebigquestions.com/2009/11/09/blind-justice/comment-page-1/#comment-385</link>
		<dc:creator>S.V.</dc:creator>
		<pubDate>Wed, 11 Nov 2009 17:58:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.thebigquestions.com/?p=656#comment-385</guid>
		<description>I propose another model here. Suppose that we have I+J apartment seekers, I albanians and J serbians. Mary is serbian, and feels unhappy about renting her apartment to an albanian.

The tenants to be have a utility of 1, when they rent an apartment, and 0 when they have to sleep under the bridge. The landlords get 1 when they rent and 0, when the apartment is closed, except for Mary, who gets 1 when she rent to a Serbian, 0 when the apartment is closed and -Infinity when rents to an Albanian.

Suppose that I+J is also the number of landlords and the number of available apartments. We have a kind of a matching situation here. If it happens for an Albanian to knock on Mary&#039;s door for an apartment, the result is that Mary will refuse an agreement, and the Albanian will sleep under the bridge. But this is not the end of the story. The Albanian can propose an agreement with Darko, a Serbian who rents and apartment from the landlord Ivanovic. The Albanian poposes the following: Come on Darko, if you rent Mary&#039;s apartment and let me rent Ivanovic&#039;s apartment, I can give you half of my rent. Darko will end up with one an a half utility, which is good for him and the Albanian will end up with half utility, which is better than having 0 sleeping under the bridge.  

So in the event that an Albanian is allocated to Mary&#039;s door, we have an increase in the Serbian&#039;s rent and a decrease in the Albanian&#039;s rent. So the fact that Mary&#039;s refuse to rent to an albanian benefit the Serbians and hurt the albanians. As the probability of this undesired match is positive, we have an expected loss in the albanian&#039;s welfare.</description>
		<content:encoded><![CDATA[<p>I propose another model here. Suppose that we have I+J apartment seekers, I albanians and J serbians. Mary is serbian, and feels unhappy about renting her apartment to an albanian.</p>
<p>The tenants to be have a utility of 1, when they rent an apartment, and 0 when they have to sleep under the bridge. The landlords get 1 when they rent and 0, when the apartment is closed, except for Mary, who gets 1 when she rent to a Serbian, 0 when the apartment is closed and -Infinity when rents to an Albanian.</p>
<p>Suppose that I+J is also the number of landlords and the number of available apartments. We have a kind of a matching situation here. If it happens for an Albanian to knock on Mary&#8217;s door for an apartment, the result is that Mary will refuse an agreement, and the Albanian will sleep under the bridge. But this is not the end of the story. The Albanian can propose an agreement with Darko, a Serbian who rents and apartment from the landlord Ivanovic. The Albanian poposes the following: Come on Darko, if you rent Mary&#8217;s apartment and let me rent Ivanovic&#8217;s apartment, I can give you half of my rent. Darko will end up with one an a half utility, which is good for him and the Albanian will end up with half utility, which is better than having 0 sleeping under the bridge.  </p>
<p>So in the event that an Albanian is allocated to Mary&#8217;s door, we have an increase in the Serbian&#8217;s rent and a decrease in the Albanian&#8217;s rent. So the fact that Mary&#8217;s refuse to rent to an albanian benefit the Serbians and hurt the albanians. As the probability of this undesired match is positive, we have an expected loss in the albanian&#8217;s welfare.</p>
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		<title>By: Douglas Bennett</title>
		<link>http://www.thebigquestions.com/2009/11/09/blind-justice/comment-page-1/#comment-357</link>
		<dc:creator>Douglas Bennett</dc:creator>
		<pubDate>Tue, 10 Nov 2009 18:16:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.thebigquestions.com/?p=656#comment-357</guid>
		<description>In regards to the property rights argument presented by Michael, I disagree with your assertion that your property rights have been abrogated.  When you purchase a game from Sony, you are purchasing only the right to use that game, not the right to duplicate and distribute it as your own.  Sony, as the creator of the game, could choose to  never release it, make it available for free to everyone, sell it in its entirety to someone else, or sell you the right to use but not copy or distribute it.  Since it is this last right that you purchase, and not the right to distribute, your property rights have not been violated when you are prevented from distributing it.  If you wished to distribute it, you could purchase that right from Sony, but it will come at a higher price since it is both worth more to you and more costly to Sony.  The copyright laws exist not to take away the distribution right after you had already purchased it, but rather as a recourse for Sony to prevent people from simply purchasing the right to use a game and then behaving as if they had purchased the right to distribute it.  As such, no property rights are violated under the current copyright system, and there are still incentives to create copyright-able works.

In response to a much older post, Mary does not shift the supply curve left by refusing to rent to Albanians.  If Mary would never have offered any apartments for rent if it meant she would be forced to rent to Albanians, then by offering apartments to non-Albanians she has increased the supply of apartments.  Since these apartments would be perfect substitutes (for non-Albanian renters) for pre-existing apartments, the demand for apartments which allow Albanian occupants would decrease.  The important distinction is that Mary, if forced to rent to Albanians, could simply stop renting apartments to anyone and suddenly be rid of her obligation to rent to Albanians.

This point leads to my last response, which is to the post regarding the flaw in the Albanian apartment logic.  Both of the examples which you cited exist specifically because of the externalities associated with them.  In the apartment example, no such externality is present.</description>
		<content:encoded><![CDATA[<p>In regards to the property rights argument presented by Michael, I disagree with your assertion that your property rights have been abrogated.  When you purchase a game from Sony, you are purchasing only the right to use that game, not the right to duplicate and distribute it as your own.  Sony, as the creator of the game, could choose to  never release it, make it available for free to everyone, sell it in its entirety to someone else, or sell you the right to use but not copy or distribute it.  Since it is this last right that you purchase, and not the right to distribute, your property rights have not been violated when you are prevented from distributing it.  If you wished to distribute it, you could purchase that right from Sony, but it will come at a higher price since it is both worth more to you and more costly to Sony.  The copyright laws exist not to take away the distribution right after you had already purchased it, but rather as a recourse for Sony to prevent people from simply purchasing the right to use a game and then behaving as if they had purchased the right to distribute it.  As such, no property rights are violated under the current copyright system, and there are still incentives to create copyright-able works.</p>
<p>In response to a much older post, Mary does not shift the supply curve left by refusing to rent to Albanians.  If Mary would never have offered any apartments for rent if it meant she would be forced to rent to Albanians, then by offering apartments to non-Albanians she has increased the supply of apartments.  Since these apartments would be perfect substitutes (for non-Albanian renters) for pre-existing apartments, the demand for apartments which allow Albanian occupants would decrease.  The important distinction is that Mary, if forced to rent to Albanians, could simply stop renting apartments to anyone and suddenly be rid of her obligation to rent to Albanians.</p>
<p>This point leads to my last response, which is to the post regarding the flaw in the Albanian apartment logic.  Both of the examples which you cited exist specifically because of the externalities associated with them.  In the apartment example, no such externality is present.</p>
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		<title>By: Michael</title>
		<link>http://www.thebigquestions.com/2009/11/09/blind-justice/comment-page-1/#comment-353</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Tue, 10 Nov 2009 13:12:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.thebigquestions.com/?p=656#comment-353</guid>
		<description>I am actually astounded that people are making an argument like &quot;property rights&quot; case closed. If it were that simple, Sony would enjoy no privileges such as copyrights, patents, or trademarks on their games. If I own all the computer hardware and software and have obtained a copy of one of their games, my right to use and control my own property cannot be abridged. Therefore I would be allowed to make and *sell* copies of their games.

However, there is a vast network of laws to prevent this act on my part. It is in complete violation of my property rights. This abrogation of my rights is deemed expedient for *social* purposes. There is a higher moral value being served, allegedly.

Therefore, in concordance with that type of reasoning, Sony also is bound to accept certain requirements that prohibit certain acts and obligate others. There is simply no property defense to be made. We have already established that property rights are not absolute.

In this case, because the lawsuit is brought on behalf of a  citizen, who has a natural human right to participation in the discourse of our nation (a discourse which includes playing video games), we can reach no other conclusion than one that seeks to balance both the natural right of the citizen to participate in society and the right of Sony to be sovereign with respect to its actions.

Furthermore, a corporation is a legal fiction that enjoys a special status in our economy (it is no mere collection of individuals). As such, the obligations of a corporation go beyond the ordinary. While the government may not reasonably expect private citizens to close caption their video blogs or home movies, we certainly can have laws requiring commerical enterprises to make close captions available on all of their video works.</description>
		<content:encoded><![CDATA[<p>I am actually astounded that people are making an argument like &#8220;property rights&#8221; case closed. If it were that simple, Sony would enjoy no privileges such as copyrights, patents, or trademarks on their games. If I own all the computer hardware and software and have obtained a copy of one of their games, my right to use and control my own property cannot be abridged. Therefore I would be allowed to make and *sell* copies of their games.</p>
<p>However, there is a vast network of laws to prevent this act on my part. It is in complete violation of my property rights. This abrogation of my rights is deemed expedient for *social* purposes. There is a higher moral value being served, allegedly.</p>
<p>Therefore, in concordance with that type of reasoning, Sony also is bound to accept certain requirements that prohibit certain acts and obligate others. There is simply no property defense to be made. We have already established that property rights are not absolute.</p>
<p>In this case, because the lawsuit is brought on behalf of a  citizen, who has a natural human right to participation in the discourse of our nation (a discourse which includes playing video games), we can reach no other conclusion than one that seeks to balance both the natural right of the citizen to participate in society and the right of Sony to be sovereign with respect to its actions.</p>
<p>Furthermore, a corporation is a legal fiction that enjoys a special status in our economy (it is no mere collection of individuals). As such, the obligations of a corporation go beyond the ordinary. While the government may not reasonably expect private citizens to close caption their video blogs or home movies, we certainly can have laws requiring commerical enterprises to make close captions available on all of their video works.</p>
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		<title>By: Nicholas Knight</title>
		<link>http://www.thebigquestions.com/2009/11/09/blind-justice/comment-page-1/#comment-352</link>
		<dc:creator>Nicholas Knight</dc:creator>
		<pubDate>Tue, 10 Nov 2009 12:07:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.thebigquestions.com/?p=656#comment-352</guid>
		<description>Most of the discussion here seems to be based on a very poor understanding of both the ADA (and its application in practice), and the complexity involved in implementing accessibility features.

To start off, the ADA as generally applied never requires a business to invest so much in accessibility that there would be material financial harm. This is why, for example, wheelchair accessibility, which can require very expensive and disruptive design and construction to add to an existing building (but has relatively little cost for a new building or one being substantially remodeled), is almost never imposed &quot;out of the blue&quot;. Further, the inherent nature of a product or service can and does lead to a determination that to provide accessibility features would be *un*reasonable (remember, this is &quot;reasonable accommodation&quot;). Someone brought up music -- there are no circumstances under which the law could ever be applied to require that a musician make their music &quot;accessible&quot; to the deaf.


However, the issue here is actually an unbelievable degree of negligence on Sony&#039;s part.

Had they merely paid a little attention in the beginning, there would have been no meaningful cost associated with providing accessibility. Configuration files allowing customization of colors and hooks for screen readers would go an incredibly long way, and be utterly trivial for any competent developer to implement.

Making this more pathetic is that Sony already had experience in these matters. I remember specifically an EverQuest player I knew years ago with MS. His primary means of control on bad days was voice control. Somebody at Sony had taken a little time and implemented hooks to the Windows voice API, and actually put a lot more thought and care into it than I would have ever expected. I even wound up using it some myself, despite not having any sort of disability.

Now they decide they can&#039;t even put in the hooks to let others do the work for them? Color me unimpressed...</description>
		<content:encoded><![CDATA[<p>Most of the discussion here seems to be based on a very poor understanding of both the ADA (and its application in practice), and the complexity involved in implementing accessibility features.</p>
<p>To start off, the ADA as generally applied never requires a business to invest so much in accessibility that there would be material financial harm. This is why, for example, wheelchair accessibility, which can require very expensive and disruptive design and construction to add to an existing building (but has relatively little cost for a new building or one being substantially remodeled), is almost never imposed &#8220;out of the blue&#8221;. Further, the inherent nature of a product or service can and does lead to a determination that to provide accessibility features would be *un*reasonable (remember, this is &#8220;reasonable accommodation&#8221;). Someone brought up music &#8212; there are no circumstances under which the law could ever be applied to require that a musician make their music &#8220;accessible&#8221; to the deaf.</p>
<p>However, the issue here is actually an unbelievable degree of negligence on Sony&#8217;s part.</p>
<p>Had they merely paid a little attention in the beginning, there would have been no meaningful cost associated with providing accessibility. Configuration files allowing customization of colors and hooks for screen readers would go an incredibly long way, and be utterly trivial for any competent developer to implement.</p>
<p>Making this more pathetic is that Sony already had experience in these matters. I remember specifically an EverQuest player I knew years ago with MS. His primary means of control on bad days was voice control. Somebody at Sony had taken a little time and implemented hooks to the Windows voice API, and actually put a lot more thought and care into it than I would have ever expected. I even wound up using it some myself, despite not having any sort of disability.</p>
<p>Now they decide they can&#8217;t even put in the hooks to let others do the work for them? Color me unimpressed&#8230;</p>
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