bookmark_borderThe Hundred Coca-Colas

1.

Knowing nothing of the inextricable complexity of the human administration it was flying into, the fly entered through the vent of the workstation’s fan. It slipped into the depths of the circuitboard, causing a single-bit error in the index of the Reference Legal Archive. The intern in charge of proof-reading felt that something was different, but could not pinpoint exactly what. The fully automated computer system had corrected any inconsistency in paragraph numbering. When the updated text of the law was sent to all executive forces., nobody noticed that an entire section had been erased.

In Terry Gilliam’s 1975 film Brazil, a fly gets jammed in the apparatus of a dystopian bureaucratic administration, creating an error which serves as a starting point for the entire story. As our legal systems become increasingly bureaucratic and complicated, it is a fun exercise to think about what could happen if a small modification was randomly introduced into the law, as a mutation in the genome of society. Certain mutations would have no effect, some would lead to the rapid collapse of civilization, and, who knows, some might even be beneficial.

2.

Thank you for coming to this emergency meeting. As you may know, we are facing a problem without precedent. Since this morning, a second Coca-Cola company has entered the market. The first batches are already reaching retail stores as I’m talking.
– A second Coca-Cola company? How so?
– Another Coca-Cola. The same as ours. Identical product, same packaging, same logo. It is just not produced by our company.
– Well, we sue them for trademark infringement, like we always do!
– This is where it gets complicated. Apparently the administration made a mistake when converting the official version of law to some obscure new technical standard. They said it was a computer bug or something, nobody knows. But the entire section about trademarks completely vanished from the law. At the moment, there is nothing we can do legally to protect our brand.
– You’re saying trademarks disappeared just like that? What the hell, don’t they have backups of the law somewhere?
– Of course they do, but you can’t just revert the law of the country to a previous version like that. That would be antidemocratic. As per constitution, the state will only enforce the standard version of the law from the Reference Legal Archive, and any correction will have to be voted. It might take weeks.

I know the fly scenario is highly implausible in real life, but take that as a thought experiment. Let’s suspend our disbelief and assume, for the sake of the story, that all laws related to trademarks suddenly disappeared. In other words, anybody can brand their product as they want, and counterfeits are basically legal. That does not mean one can write whatever they want on the packaging – required information like ingredients, contact info or quantity are still enforced as always –, but the brand is no longer protected. Anybody can start manufacturing Coca-Cola and call it Coca-Cola.

3.

– The marketing department just got the results from panel testing. “The One and Only Coca-Cola” did pretty bad, only 20% of the panel picked it. “The Original Coca-Cola” works much better. People are confident that we are the original one if we write that on the label.
– But we are
not the original Coca-Cola, are we?
– As far as the law is concerned, we are.
– Oh right. What about the holograms?
– Bigger is better. I mean, I don’t want this to escalate out of control, but it’s increasingly clear that people are just choosing whatever package carries the largest hologram. So we designed a new, 12 cm-wide hologram. The largest on the market. Not even “Best Coca-Cola” have such big holograms.
– Actually, they’re no longer called “Best Coca-Cola”. If I remember correctly, they changed their name to “The Original Coca-Cola” last week.

This might go on for a while. Eventually, the original companies have to face the hard truth – their brands only existed as long as the State was willing to protect them. Without them, they are just one manufacturer among many others selling the same product under the same name.

But what if it is not the same product? One company might seize the opportunity to sacrifice quality and cut down the costs. To quote Rick Falkvinge: “Trademarks are basically good, as they primarily serve as consumer protection. If it says “Coca-Cola” on the can, I know that The Coca-Cola Company guarantees its quality.” I personally doubt this, and my doubts are supported by blind tests where participants taste food without knowing the brand1“Our conclusion is that brand image is the only explanation for the premium commanded by the supplier brands in the four food product markets. The consumer is paying a premium for the often intangible benefits inherent in a branded product. Only in washing-up liquid did the leading brand offer better intrinsically superior value for money.” – Davies et al., 2004..

Moreover, it’s important to separate the effect of trademarks themselves, from the effect of other regulations. As a case study, let’s look at counterfeit medicines. This is obviously a rampant problem, with about half of the pills sold online being fakes and many people dying because of it. But trademark infringement is not the root of the problem here. The factories who make counterfeit medication break the law in two different ways: first, they infringe a trademark, second, they deliver pills that do not contain the chemical mentioned on the label (or not in the right concentration). The danger of counterfeit medication comes from the latter, and has nothing to do with the trademark. Without trademarks, copycats could copy the name, the logo and the slogans, but they still couldn’t lie about the content or cGMP-compliance, which would still be enforced by law. The reputation of brands could be fully replaced by product certification, where an independent organism delivers a label if the products meets a certain standard, as it already exist for environmental impact, ethics, health, compliance to religious traditions and so forth. There are even certifications that certify certification bodies’ certification procedures. Or, you know, if everything else fails, you can just go for the cheapest product.

4.

Something in the city was not the same. You would just walk to work, as you’d been doing everyday for years, but you kept noticing things that you had never paid attention to before. A pigeon nest, a 19th century street lamp, a tree, a wrought iron balcony, the stamped pattern of a manhole. All these things had been here forever, but you could not see them, because the flashing advertisement billboards would catch all your attention.

5.

“Help us bring the best content to you, for free”. The old advertisement-based media started a massive communication campaign to persuade citizens to vote trademarks back into the law. Yet, people just had a glimpse of an ad-free society, and many wondered whether they really missed the advertising giants so much.

Needless to say, all the big companies that rely on advertisement for funding would be in immediate danger. Some might try to defend the advertising industry by claiming it allows to obtain things for free. You get free search engines, free bus stops, free newspapers, what is there to complain about? This is a gargantuan scam. Let’s investigate. Internet companies like Twitter, Facebook or Google use advertisement as their primary source of revenue. This includes directly displaying ads to the consumer, as well as accumulating information about their users to sell it to third-parties. In turn, this process manipulates consumers into buying products they wouldn’t otherwise. In effect, advertisement makes you pay a premium on everyday products, and that is where the money comes from. How much is that? In the third quarter of 2020, Facebook made a bit more than $10 billions from North America only. Divide this by 255 millions users that are active monthly, you get$40 per user per quarter, that is $120 per year. And that’s the average for monthly users. If you go to Facebook daily, it will be much more. A similar calculation for Twitter gives about$20 per user and per year worldwide (like for Facebook, it may be much more if you live in a rich country). Google doesn’t disclose how many users they have, but given their worldwide revenues exceeded $160 billions in 2019, even if every 7.8 billions humans on Earth used Google (this is a lower bound) that would still be about$20 per person. Of course, it must be something like an order of magnitude higher if Google also provides your e-mails, document storage, maps, browser and so forth. Oh, and JCDecaux, the arch-evil Great Satan of public space advertising, made €3.9 billions in 2019. Now make a list of all the “free stuff” you get in your daily life (other free websites, applications, TV commercials, movie theater advertisements, sponsored content, …) and calculate the grand total. That’s an expensive free lunch.

Keep in mind this is only a fraction of the real cost of advertisement, since the companies who buy ads or data from Google et al are expecting a positive return on investment. The amount they give to advertising companies is only a lower bound to the premium they can trick consumers into paying. For example, Google claims that people who advertise with them get an average return on investment of 8-to-1. If that is true, what we previously estimated using Google’s revenues must be multiplied by eight to obtain the real cost for the consumer.

Even worse, competitors on a market are engaged in a Moloch-esque red queen race, where each company must spend more and more money on marketing just to stay in the game. Where do all these wasted resources come from, if not from the consumer’s pocket? Without advertisement, I’d speculate that companies would resort to the next best strategy instead, that is cutting prices. Hopefully, the large premium people pay for marketing would be subtracted from the price of day-to-day products.

Finally, for those who still think Internet ads are good because they support the creative class, remember that only a fraction of what you pay goes to the authors, and you would be better off with something like Patreon. As for server costs, a centralized service like Youtube might resort to paid subscription, in which case they would have to compete with decentralized, p2p-based alternatives like PeerTube which may turn out a lot cheaper. Also, when we talk about Internet Giants, we often forget that one of them never relied on ads in the first place – Wikipedia has run entirely on donations for two decades, and they did better than Google’s own attempt at making an encyclopedia.

6.

It was a passive revolution – no plutocrat was be bereft, no king was beheaded, no parliament was burnt, no landowner was expropriated. Removing a tiny piece of legal coercion made the entire society less coercive.

In their modern form, trademarks are about 150 years old2Sumerian merchants were already marking stuff with their seals some 5000 years ago, but this worked in a pretty different way and I don’t think those merchant marks were protected by the State.. This is just old enough so nobody remembers how things worked before trademarks, and we accept them as a part of nature that’s been here forever. 150 years old is also just young enough so the long-term efffects of trademarks have not been thoroughly tested and selected for by cultural evolution. If you want to overthrow a 3000-years old tradition, you should remember Chesterton’s fence and think carefully about why it’s there and why it remained in place for so long. But 150 years old? That could just be a temporary mistake.

Omnipresent advertising is one of the things that did not go so well in our modern capitalist society. Another one is the emergence of a handful of aristocrats with an astronomical amount of financial power. These commercial empires are, to a large extent, built on the salience of their brands, itself built on advertisement, itself built on trademarks. Once we see trademarks not as something natural and necessary, but as a legal mistake of the 19th century, those empires appear to be built on very artificial foundations. If we removed them, the plutocrats would be forced to adapt, or lose their fortune. On the other side, the fall of brands would be a blessing for individual artisans and local shops. They did not rely on trademarks anyways, and they can use the now-cheap advertisement space to get known from local customers. Nevertheless, as soon as one of them grows big enough to try to advertise their brand, copycats would appear and make the brand useless. Like a rubber band, this would pull companies back to the human scale. Somehow, this echoes a point Guy Debord makes in La Société du Spectacle: “With the generalized separation of the worker and his products, every unitary view of accomplished activity and all direct personal communication among producers are lost.” A bottle of Coca-Cola is a calibrated, standard, almost abstract entity that contains no trace of the individuals who were involved in its production. While Debord sees this as an essential feature of capitalism, I would say that it’s rather a feature of brands, which act as an abstraction layer between the chain of production and the consumers.

Let’s speculate even further. Building a brand and making sure the public knows about it is a major obstacle for new companies. In post-brand capitalism, it may be much easier for newcomers to enter the market. Any company making products with good certifications, for a low enough price could readily compete with the most established industrial trusts. Monopolies would be much harder to establish, and even if someone actually manages to reach a monopoly on something, they could not make a lot of additional profit out of it because some unknown player could just enter the market under the same name as soon as they increase their prices too much. In the long run, economic inequality might even erode a little bit. That’s not too say you can’t bereave the plutocrats in addition to abolishing trademarks, if you are into this kind of things.

7.

I guess it is time for a reality check. First, there is the problem that brand abolition is not exactly the most viable political project. That’s because the people who benefit from advertisement are precisely the ones who are in the best position to define public opinion. It might not be easy to remove something that directly benefits journalists, news sites and search engines.

Second, the obvious: if the government actually decides to store the entire law on a single computer, and if a fly actually does crash into the motherboard and erase everything about trademarks, the world would not instantly become a post-brand utopia – there would most likely be a lot of turmoil and violence and chaos and everybody would be upset at me. If this happens, you are welcome to complain in the comments. That is, if you can find the real Telescopic Turnip among the hundred copycats.

bookmark_borderInvisible privileges

1.

Let’s review the evidence.

African-Americans are twice as likely to be stopped by the police. Police officers speak less respectfully to them. They are more likely to use violence against them. Overall, African-American men get killed by the police 2.5 times as often as White men. Then, African-Americans face discrimination at every stage of the justice system. For an identical case and history, African-American defendants have 10% higher odds of being incarcerated. When they are, they receive 10% longer sentences for the same crime.

African-Americans also face discrimination when they are the victims. Criminals receive lighter sentences when their victim is black1 However, it is not clear whether this is really due to discrimination or to other factors. In fatal traffic accidents, drivers receive a 53% shorter sentence if the person they killed happens to be black. When a black person goes missing, there is 3.1 times less media coverage than if the victim is white2This is called the Missing White Woman Syndrome. This study was conducted in 2016, before the Black Lives Matter movement gained popularity. It would be interesting to see how things have changed as a result..

Institutional discrimination also appears in the education system. Teachers systematically give better grades to students from the white majority than to ethnic minorities, for identical works3There are two kinds of methodologies to address this question. The most common is to compare the grades obtained by a student when the teacher knows her identity, with grades obtained by the same student on blind examinations. The second one is to fabricate a fake essay and ask teachers to grade it, while changing only the name of the student, and see if they are graded differently.. At school, African-American children receive harsher punishments for the same behavior as well as closer surveillance from teachers. And overall, in the US, African-Americans are 12% less likely to access higher education than white people.

Then, there is housing discrimination. When ethnic minorities apply to rent an apartment, their odds of receiving a positive response are 47% lower, everything else equal. With no surprise, African-Americans are 4.5 times as likely to be homeless, and then 45% less likely to be sheltered.

In addition, ethnic minorities generally have poorer health than white people. Black people work more dangerous jobs, making them 33% more likely than white people to be injured at work. They are 16 % more likely to die on their workplace. On average, the life of black people is 4.3 years shorter than white people’s.

Most of those results are from large studies, they are solid and have been replicated many times. Yet some people decide to completely ignore all the evidence, and still deny the existence of racist discrimination. How is it even possible? What is going on in the head of racism-deniers?

2.

Men are 2.5 times more likely than women to be stopped by the police. Police officers are more likely to arrest men and more lenient toward women. Overall, men get killed by the police 20 times more often than women. Then, men face discrimination at every stage of the justice system. Men are more likely to be considered guilty and receive harsher sentences than women for an identical case and history4These studies are called “mock juror trials”. They use a panel of jurors who are presented with a fictional case, where only the gender or ethnicity of the defendant is changed, and asked what the sentence should be. This way, everything is exactly identical except the gender of the defendant, so any difference can be attributed to discrimination. Some studies even staged fake audiences with comedians for extra realism.. Men have 1.64 to 2.15 times higher odds of being incarcerated, depending on the study. When they are, men also receive 30% to 63% longer sentences for the same crime compared to women5These are observational studies, meaning they look at the outcomes of a large number of real-life cases, taking into account offense severity, previous offenses, whether the defendant has to take care of children, and other confounders.. The sexist bias favoring women is much larger than the racial bias – that is, black women are treated better than white men. As you might expect, justice’s double-standard against men is especially marked for sexual offenses.

Men also face discrimination when they are the victims. Criminals receive lighter sentences when their victim is a man6With the same caveat as for racial discrimination.. In fatal traffic accidents, drivers receive a 36% shorter sentence if the person they killed happens to be a man. When a man goes missing, there is 2.9 times less media coverage than if the victim is a woman.

Institutional discrimination also appears in the education system. Teachers systematically give better grades to girls than to boys, for identical works. This happens already in elementary school, continues in middle school, and again in high school, and again in college7Interestingly, these studies found that female teachers were on average more biased in favor of girls than male teachers.. This favoritism for girls has measurable effects on boys’ progress and future career orientation. Parents also invest more time teaching girls than boys and spend 25% more money on girls’ education. At school, boys receive harsher punishments for the same behavior as well as closer surveillance from teachers. And overall, in the US, men are 16% less likely to access higher education than women. Here again, the gender gap is larger than the racial gap8Moreover, unlike for ethnic minorities, there is no affirmative action attempting to correct this disparity – even when women are more likely to access higher education, affirmative action is still in favor of women..

Then, there is housing discrimination. When women apply to rent an apartment, their odds of receiving a positive response are 28% higher than men, everything else equal. With no surprise, men are 1.5 times as likely to be homeless, and then 40% less likely to be sheltered. A study in France found that 90% of the people who die in the streets are men9It should be noted that the gender gap in homelessness is more marked in France than in the USA..

In addition, men generally have poorer health than women. Men work more dangerous jobs, making them 40% more likely than women to be injured at work. They are 8 times more likely to die on their workplace. On average, the life of men is 5 years shorter than women’s10The gap in life expectancy is commonly attributed to biological factors, as a legitimizing myth. However, this study on monks and nuns (who do pretty much the exact same things throughout their lives) found that at most one year of the gap could be attributed to biological differences.. In spite of this, there is much more scientific research and US national offices dedicated to women’s health. Medical research on women’s health receives considerably more funding than men’s health, even for conditions that affect men more often11See the tables from page 56. For lung cancer, in 2016 the NIH spent $180,000,000 for women-specific research,$318,000 (!) for men-specific research, and $136,000,000 for lung cancer in general. They also spent$1,916,000 for women’s suicides, and only \$156,000 for men’s suicides, despite men dying from suicide about four times as often..

Like for racism, most of those results are from large studies, they are solid and have been replicated many times. Yet some people decide to completely ignore all the evidence, and still deny the existence of discrimination privileging women. Just like racism, discrimination against men has been systematically made invisible.

3.

I am aware that many readers will hear about discrimination against men for the first time. Perhaps you’ve heard about discrimination from the police beforehand, but did you know about the grading discrimination? Did you know about the housing discrimination? If not, why didn’t anybody tell you about it?

One thing to consider is that people can’t really tell how much discrimination they face based on their subjective experience. In their classic 1997 book Social Dominance, social psychologists Jim Sidanius and Felicia Pratto report that (in 1997) many African-Americans had no clue about how much racism they faced12See page 106 of the book.. In the 1990s, 58% of African-Americans believed they had the same housing opportunities as white people. 46% thought they had the same chances at employment, and 63% thought they had the same chances in education – despite clear evidence of the contrary13Sidanius and Pratto dedicate the third part of their book to evidence of discrimination against black people. However, they completely disregard discrimination against men – to be fair, most of the evidence that I discussed here was published after the book Social Dominance came out, so you can’t blame the authors.. This is one of the universal patterns described in Social Dominance: unfair treatment against subordinate groups is overlooked, legitimized, and actively erased by the dominant status quo, until even the discriminated population believes it is not real. It is perfectly possible to face discrimination on a daily basis and be completely unaware of it.

In addition, there is growing evidence that people (academics, the media, people in general) care very little about the issues that affect men. Most people know about manspreading, but have never heard about the teacher grading gap. People think gender balance at work is important, but only in professions where women are underrepresented. Scientific studies that find a bias against women are cited far more often than studies that find a bias against men, even when the later use larger samples. Remember the kidnapping study I mentioned above, which found that there is less media coverage when a man goes missing? This is the same process. Presumably, this attention disparity is the result of traditional gender roles, which (among many other things) say that men are not expected to complain, and will be shamed if they do so – but this is a complicated topic that deserves a future blog post on its own.

As a takeaway, there is a striking similarity between discrimination against ethnic minorities and discrimination against men. My point is not to say that minorities or men “have it harder”, nor is it that racism is exactly identical to sexism – the historical and social mechanisms are obviously entirely different. My point is that, currently, men and ethnic minorities experience a similar pattern of stereotyping and discrimination in their daily life. The strange polarization of the culture wars makes it even harder to notice: the political tribes who care about racism are sharply separated from the tribes who care about men’s issues. This is unfortunate, because both tribes share the common goal of eliminating discrimination14Of course, there are also traditionalists who just use men’s issues as an excuse to attack feminism, hoping to restore traditional gender roles. I personally believe, on the contrary, that traditional gender roles are the cause for discrimination, and that we need to step away from them. – maybe their filter bubbles only show them one side of the problem? It took decades for the majority of the population to realize that racist discrimination is real. For sexism against men, such a shift in collective consciousness has yet to happen.

If you spot any mistake or inaccuracy in this text or the supporting evidence, please let me know in the comments, so I can correct it.