David Edmonds (Uehiro Centre, Oxford University) and Nigel Warburton (freelance philosopher/writer) interview top philosophers on a wide range of topics. Two books based on the series have been published by Oxford University Press. We are currently self-funding - donations very welcome via our website http://www.philosophybites.com
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KOL460 | Rant about the “China is Stealing Our IP” Myth
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Content provided by Stephan Kinsella. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Stephan Kinsella or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.
Kinsella on Liberty Podcast: Episode 460. I mean the title says it all. I kept getting interrupted by calls and deliveries. Oh well, what you gonna do. Links/Resourceshttps://youtu.be/rnDe920Ce40 China and IP "Theft" Lacalle on China and IP “Theft” All-In Podcast Concern over China and IP “Theft” More of the “China is Stealing Our IP” nonsense Tweet by Gordon Chang “To Steal a Book is an Elegant Offense”—Chinese saying Libertarian and IP Answer Man: Does China have “more fierce” competition because of weaker IP law? Hello! You’ve Been Referred Here Because You’re Wrong About Intellectual Property, the section “IP can’t be socialistic, since the Soviet Union didn’t recognize IP law” other posts under the tag China-IP-theft or IP Imperialism Update: Watching now. aaannnd it only took to 8 minutes in to mention China's "intellectual property theft". https://fedsoc.org/events/the-art-of-the-tariff-the-trump-administration-and-trade https://fedsoc.zoom.us/webinar/register/WN_0QBJNVreRxGNoHAy0-rFoA#/registration Trump's Proclamation World Intellectual Property Day, 2025: Of course these geniuses just repeat the same nonsense about IP being "the same as" property and how infringing IP is "theft" of course they are insinuating China "steals American IP," all of which are confused bullshit lies and distortions. See The China Stealing IP Myth; The Structural Unity of Real and Intellectual Property; Copying, Patent Infringement, Copyright Infringement are not “Theft”, Stealing, Piracy, Plagiarism, Knocking Off, Ripping Off IP vs. Plagiarism KOL207 | Patent, Copyright, and Trademark Are Not About Plagiarism, Theft, Fraud, or Contract “Types of Intellectual Property” The Mountain of IP Legislation General Case Against IP Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023), Part IV Against Intellectual Property You Can’t Own Ideas: Essays on Intellectual Property (Houston, Texas: Papinian Press, 2023) Kinsella, ed., The Anti-IP Reader: Free Market Critiques of Intellectual Property (Papinian Press, 2023); See my post “Intellectual Properganda.” [↩] Stop calling patent and copyright “property”; stop calling copying “theft” and “piracy” Related Videos/References Matt Walsh on IP: fisked in Musk and Dorsey: “delete all IP law”: https://www.youtube.com/watch?v=uQK21AW6hFQ&t=2033s China’s regime has signaled it will expropriate the intellectual property of foreign companies. It’s time for Prez Trump to protect American IP by using his authority to order U.S. companies to leave China. https://t.co/fa9qc1GNXc — Gordon G. Chang (@GordonGChang) March 30, 2025 “Let Him COOK!” 90-Day Tariffs Pause, Bill Maher’s Trump Dinner + UFC Ovation [Piers Morgan, Gordon Chang, Cenk Uygur] https://youtu.be/wOWAewTXiEI?si=ozXh2mIprUGodnCr China's U.S. Intellectual Property Theft | CPAC | Gordon Chang: https://www.youtube.com/watch?v=MZLy2KaNBBg
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Content provided by Stephan Kinsella. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Stephan Kinsella or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.
Kinsella on Liberty Podcast: Episode 460. I mean the title says it all. I kept getting interrupted by calls and deliveries. Oh well, what you gonna do. Links/Resourceshttps://youtu.be/rnDe920Ce40 China and IP "Theft" Lacalle on China and IP “Theft” All-In Podcast Concern over China and IP “Theft” More of the “China is Stealing Our IP” nonsense Tweet by Gordon Chang “To Steal a Book is an Elegant Offense”—Chinese saying Libertarian and IP Answer Man: Does China have “more fierce” competition because of weaker IP law? Hello! You’ve Been Referred Here Because You’re Wrong About Intellectual Property, the section “IP can’t be socialistic, since the Soviet Union didn’t recognize IP law” other posts under the tag China-IP-theft or IP Imperialism Update: Watching now. aaannnd it only took to 8 minutes in to mention China's "intellectual property theft". https://fedsoc.org/events/the-art-of-the-tariff-the-trump-administration-and-trade https://fedsoc.zoom.us/webinar/register/WN_0QBJNVreRxGNoHAy0-rFoA#/registration Trump's Proclamation World Intellectual Property Day, 2025: Of course these geniuses just repeat the same nonsense about IP being "the same as" property and how infringing IP is "theft" of course they are insinuating China "steals American IP," all of which are confused bullshit lies and distortions. See The China Stealing IP Myth; The Structural Unity of Real and Intellectual Property; Copying, Patent Infringement, Copyright Infringement are not “Theft”, Stealing, Piracy, Plagiarism, Knocking Off, Ripping Off IP vs. Plagiarism KOL207 | Patent, Copyright, and Trademark Are Not About Plagiarism, Theft, Fraud, or Contract “Types of Intellectual Property” The Mountain of IP Legislation General Case Against IP Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023), Part IV Against Intellectual Property You Can’t Own Ideas: Essays on Intellectual Property (Houston, Texas: Papinian Press, 2023) Kinsella, ed., The Anti-IP Reader: Free Market Critiques of Intellectual Property (Papinian Press, 2023); See my post “Intellectual Properganda.” [↩] Stop calling patent and copyright “property”; stop calling copying “theft” and “piracy” Related Videos/References Matt Walsh on IP: fisked in Musk and Dorsey: “delete all IP law”: https://www.youtube.com/watch?v=uQK21AW6hFQ&t=2033s China’s regime has signaled it will expropriate the intellectual property of foreign companies. It’s time for Prez Trump to protect American IP by using his authority to order U.S. companies to leave China. https://t.co/fa9qc1GNXc — Gordon G. Chang (@GordonGChang) March 30, 2025 “Let Him COOK!” 90-Day Tariffs Pause, Bill Maher’s Trump Dinner + UFC Ovation [Piers Morgan, Gordon Chang, Cenk Uygur] https://youtu.be/wOWAewTXiEI?si=ozXh2mIprUGodnCr China's U.S. Intellectual Property Theft | CPAC | Gordon Chang: https://www.youtube.com/watch?v=MZLy2KaNBBg
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1 KOL463 | Contracts, Usury, Fractional-Reserve Banking with André Simoni 1:39:41
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 463. A followup discussion with André Simoni of Brazil about some questions he had about applying my/Rothbard’s title-transfer. See also KOL457 | Sheldon Richman & IP; Andre from Brazil re Contract Theory, Student Loan Interest Payments, Bankruptcy, Vagueness, Usury. Grok Shownotes: 0:00–29:42] In this episode of the Kinsella on Liberty podcast (KOL463), Stephan Kinsella engages in a follow-up discussion with André Simoni from Brazil, building on their prior conversation with Sheldon Richman (KOL457). The dialogue begins with André revisiting his concerns about usury, fractional-reserve banking, and the nature of loan contracts, proposing a libertarian limit on interest rates to prevent exploitative lending practices that could lead to effective enslavement. He argues that modern financial systems, including fractional-reserve banking and fiat currency, are interconnected mechanisms designed to promote unsustainable economic activity, drawing insights from Doug French’s book Walk Away. Kinsella challenges André’s framing, particularly his view of loan contracts as bilateral exchanges, asserting instead that they are unilateral title transfers under Rothbard’s title-transfer theory of contract. The discussion delves into the impracticality of “smart contracts” and escrow-based performance bonds, highlighting the inherent uncertainties in contractual damages and future obligations. [29:43–1:39:34] The conversation shifts to a deeper exploration of risk, inalienability, and the moral hazards embedded in modern banking systems. André connects usury and fractional-reserve banking, arguing that banks exploit depositors and borrowers by offloading risk while profiting as intermediaries, creating a system akin to a Ponzi scheme propped up by state interventions like deposit insurance. Kinsella agrees that the current system is corrupt but emphasizes that in a free market with full disclosure, such practices would be unsustainable due to economic realities and the inability to insure against systemic risks. They discuss the legitimacy of loan contracts, with André expressing concern about contracts that shift excessive risk to borrowers, potentially violating inalienability principles. The episode concludes with a discussion on corporations and limited liability, with André suggesting that corporate structures exacerbate risk-shifting, while Kinsella defends the contractual basis of corporations, referencing his prior discussions with Jeff Barr (KOL414, KOL418). Links to further resources and a promise to continue the dialogue are provided. Youtube Transcript and Detailed Grok Summary below. https://youtu.be/8AfTdeiDJD0 Links: Mercadente, The Illiberal Nature of Limited Liability: A Libertarian Critique Recent Grok conversation Libertarian Answer Man: Legal Entities and Corporations in a Free Society (Feb. 29, 2024) Libertarian Answer Man: Corporations, Trusts, HOAs, and Private Law Codes in a Private Law Society (Nov. 11, 2023) KOL414 | Corporations, Limited Liability, and the Title Transfer Theory of Contract, with Jeff Barr: Part I KOL418 | Corporations, Limited Liability, and the Title Transfer Theory of Contract, with Jeff Barr: Part II On Coinbase, Bitcoin, Fractional-Reserve Banking, and Irregular Deposits UK Proposal for Banking Reform: Fractional-Reserve Banking versus Deposits and Loans Musings on Fractional-Reserve Banking in a Bitcoin Age; Physicalist Shock Absorber Metaphors The Great Fractional Reserve/Freebanking Debate Jesús Huerta de Soto, Money, Bank Credit, and Economic Cycles Stephan Kinsella, “The Title-Transfer Theory of Contract,” Papinian Press Working Paper #1 (Sep. 7, 2024) Corporate Personhood, Limited Liability, and Double Taxation Doug French, Walk Away: The Rise and Fall of the Home-Ownership Myth (LFB ebook version) My thoughts on bankruptcy and inalienability: see Areas that need development from...…
1 KOL462 | CouchStreams After Hours on Break the Cycle with Joshua Smith (2021): Hoppe’s Michael Malice Helicopter Photo, Scooter Rides with Sammeroff, Mises Caucus Hopes, the Loser Brigade 25:44
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 462. I previously appeared on Joshua Smith's Break the Cycle, in July 2021 (KOL349 | CouchStreams Ep 58 on Break the Cycle with Joshua Smith). I had forgotten but we also did a short "CouchStreams After Hours" segment for subscribers which was, and still is, behind a paywall. We discussed various things—my scooter ride with Antony Sammeroff in Austin and travels with Sammeroff the previous months (see KOL330 | Lift Talks #2 With Kinsella & Sammeroff and KOL329 | Lift Talks #1 With Kinsella & Sammeroff), skiing accidents while skiing with Sammeroff, my joining the Libertarian Party, the Mises Caucus, loser brigade libertarians and the Hoppe photo with Michael Malice's helicopter gift (see below), when I was offered a job at Cato, when I was Disinvited From Cato, and so on. I had forgotten about this but stumbled across the file on my computer looking for something else, so decided to upload and podcast it. It's been long enough. Youtube transcript and Grok shownotes below. https://youtu.be/9IHdN-_arsg Paywalled version: https://www.youtube.com/watch?v=rW4qMNDBOtE Facebook post about the helicopter. See also KOL244 | "YOUR WELCOME" with Michael Malice Ep. 001: Intellectual Property, Prostate Cancer Even my buddy Tucker didn't like it! (we've made up, no worries) If you think political violence is hilarious, and post pics with plastic helicopters to show it, you might examine your conscience. — Jeffrey A Tucker (@jeffreyatucker) October 8, 2017 Hoppe Helicopter Controversy of 2017 - Stephan Kinsella responds: https://youtu.be/rqipQNFSOEQ?si=skq0FFFwt5xSwhry&t=1 Grok Summary Show Notes Summary Video: "Break The Cycle w/ Joshua Smith" (https://youtu.be/9IHdN-_arsg) Podcast Episode: "KOL462 | Couchstreams After Hours: Break The Cycle with Joshua Smith" (https://stephankinsella.com/as_paf_podcast/kol462-couchstreams-after-hours-break-cycle-joshua-smith/) Introduction and Libertarian Messaging (0:16 - 0:35) Discussion on using popular culture and trolling to spread libertarian ideas, emphasizing the goal of abolishing restrictive systems and breaking the cycle of statism. Scooter Adventures with Samuroff (1:04 - 3:13) Stephan recounts his spontaneous travels with Samuroff, including scooter rides in various cities and skiing in Telluride, which led to multiple shoulder injuries, humorously reflecting on his balance issues. Lift Talks and Skiing Experiences (3:29 - 4:49) Stephan and Samuroff recorded libertarian discussions on ski lifts in Colorado, dubbed "Lift Talks," published as podcasts; Joshua shares his snowboarding background and contrasts skiing experiences. Confronting the "Loser Brigade" and Hans-Hermann Hoppe (5:44 - 8:38) Stephan discusses a controversial photo with Hans-Hermann Hoppe holding a toy helicopter, sparking outrage among some libertarians; he dismisses virtue-signaling critics and defends his independence from think tanks. Mises Caucus and Libertarian Party Dynamics (9:42 - 18:36) Stephan and Joshua discuss their support for the Mises Caucus, aiming to steer the Libertarian Party toward radical, Rothbardian principles, and critique past candidates like Gary Johnson for lacking libertarian conviction. Cato Institute and Cancel Culture (19:34 - 21:12) Stephan shares a story of being disinvited from a Cato Institute IP debate, highlighting their reluctance to engage with Mises-aligned libertarians, and notes Cato's payment to reimburse his ticket as a form of preemptive cancellation. Closing and Contact Information (24:54 - 25:42) Stephan thanks Joshua for the interview, mentions joining his Patreon, and provides his website (stephankinsella.com) and social media handles (nskinsella) for further engagement. Transcript 0:16 much success turning people into 0:17…
Kinsella on Liberty Podcast: Episode 461. This is my appearance on Adam Haman’s podcast and Youtube channel, Haman Nature (Haman Nature substack), episode HN 119, “Stephan Kinsella Expounds on Philosophy And The Life Well Lived” (recorded Feb. 6, 2025—just before the Tom Woods cruise). We discussed philosophy and rights; my legal and libertarian careers (see Adopting Liberty: The Stephan Kinsella Story), and so on. Shownotes, links, grok summary, and transcript below. https://youtu.be/Ekg5slP8xAg?si=6fNlmaeR6V7OMVEW Adam’s Shownotes Brilliant patent attorney, philosopher, legal theorist and libertarian anarchist Stephan Kinsella comes back on the show to take Adam to task for not defending atheism with enough vigor! 00:00 — Intro. Adam and Stephan reminisce about the Tom Woods Cruise! Also: proof that Stephan has a wife. 02:30 — Stephan's intellectual history about the "God issue". 11:30 — What is "sound epistemology" on this subject? What are good arguments for or against the existence of God? How should we think about the arguments of Thomas Aquinas et al? 19:55 — What is a good definition of "atheist"? How about "agnostic"? Plus more epistemology applied to metaphysical claims such as the existence of God. Also, our nature as humans is that we must act in the world even though we lack certainty and our knowledge is contextual. 32:38 — Adam asks Stephan: how would you react if you met a god-like being? Or Jesus Himself? A discussion of intellectual humility ensues. How does knowledge relate to human action? How do we acquire knowledge in the first place? Does this relate to AI? 47:09 — Adam admits he really doesn't know how anything works. Vinyl records are magic! 53:15 — Outro. It is agreed that Adam and Stephan are "the good atheists". Links George Smith, Atheism: The Case Against God Barry Smith, In Defense of Extreme (Fallibilistic) Apriorism On Peter Janich, see Handwerk und Mundwerk: Über das Herstellen von Wissen, Protophysics of Time, What Is Information?, Euclid's Heritage: Is Space Three-Dimensional?; and references/discussion in Hoppe on Falsificationism, Empiricism, and Apriorism and Protophysics and Hoppe, My Discovery of Human Action and of Mises as a Philosopher Hoppe, Economic Science and the Austrian Method David Kelley, Foundations of Knowledge lectures ——, The Evidence of the Senses: A Realist Theory of Perception Ayn Rand, Introduction to Objectivist Epistemology Biographical: Alan D. Bergman, Adopting Liberty: The Stephan Kinsella Story (2025); various biographical pieces on my publications page From the messing-with-Adam section: Grok discussion of use of optical metrology to play an LP by taking a photograph with a smartphone (estimate: 2033) Grok answer to this prompt: Explain to Adam, who thinks this is all magic, how an LP records and plays sounds, what transducers are; and how modulation works, using some examples of carrier waves such as EM radio waves with both AM and FM, and laser light signals transmitted down fiber optic cables and using both analog modulation such as CATV signals and digital modulation such as for internet data; and how modems work. Grok answer to this prompt: Now explain to Adam what "holes" are, in electric current, compared to electrons, what the mass and nature of holes are, and why the convention is for electric current, and electrons, to have a negative symbol. Also explain why electrical engineers use i instead of j for the imaginary number sqrt(-2). Also take a stab at explaining what imaginary numbers really are and how they are useful for things like freguency, and how they are not really "imaginary," and what "complex" numbers are; and how if you imagine a 2D plane with real numbers on the horizontal axis and imaginary numbers on the vertical or Y axis, and how you can picture 1xi as a 90° move from 1 on the real or X axis up to i on the imaginary or Y axis,…
Kinsella on Liberty Podcast: Episode 460. I mean the title says it all. I kept getting interrupted by calls and deliveries. Oh well, what you gonna do. Links/Resourceshttps://youtu.be/rnDe920Ce40 China and IP "Theft" Lacalle on China and IP “Theft” All-In Podcast Concern over China and IP “Theft” More of the “China is Stealing Our IP” nonsense Tweet by Gordon Chang “To Steal a Book is an Elegant Offense”—Chinese saying Libertarian and IP Answer Man: Does China have “more fierce” competition because of weaker IP law? Hello! You’ve Been Referred Here Because You’re Wrong About Intellectual Property, the section “IP can’t be socialistic, since the Soviet Union didn’t recognize IP law” other posts under the tag China-IP-theft or IP Imperialism Update: Watching now. aaannnd it only took to 8 minutes in to mention China's "intellectual property theft". https://fedsoc.org/events/the-art-of-the-tariff-the-trump-administration-and-trade https://fedsoc.zoom.us/webinar/register/WN_0QBJNVreRxGNoHAy0-rFoA#/registration Trump's Proclamation World Intellectual Property Day, 2025: Of course these geniuses just repeat the same nonsense about IP being "the same as" property and how infringing IP is "theft" of course they are insinuating China "steals American IP," all of which are confused bullshit lies and distortions. See The China Stealing IP Myth; The Structural Unity of Real and Intellectual Property; Copying, Patent Infringement, Copyright Infringement are not “Theft”, Stealing, Piracy, Plagiarism, Knocking Off, Ripping Off IP vs. Plagiarism KOL207 | Patent, Copyright, and Trademark Are Not About Plagiarism, Theft, Fraud, or Contract “Types of Intellectual Property” The Mountain of IP Legislation General Case Against IP Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023), Part IV Against Intellectual Property You Can’t Own Ideas: Essays on Intellectual Property (Houston, Texas: Papinian Press, 2023) Kinsella, ed., The Anti-IP Reader: Free Market Critiques of Intellectual Property (Papinian Press, 2023); See my post “Intellectual Properganda.” [↩] Stop calling patent and copyright “property”; stop calling copying “theft” and “piracy” Related Videos/References Matt Walsh on IP: fisked in Musk and Dorsey: “delete all IP law”: https://www.youtube.com/watch?v=uQK21AW6hFQ&t=2033s China’s regime has signaled it will expropriate the intellectual property of foreign companies. It’s time for Prez Trump to protect American IP by using his authority to order U.S. companies to leave China. https://t.co/fa9qc1GNXc — Gordon G. Chang (@GordonGChang) March 30, 2025 “Let Him COOK!” 90-Day Tariffs Pause, Bill Maher’s Trump Dinner + UFC Ovation [Piers Morgan, Gordon Chang, Cenk Uygur] https://youtu.be/wOWAewTXiEI?si=ozXh2mIprUGodnCr China's U.S. Intellectual Property Theft | CPAC | Gordon Chang: https://www.youtube.com/watch?v=MZLy2KaNBBg…
1 KOL459 | Twitter Spaces: Jack Dorsey, Elon Musk, Libertarian Property Rights, and the Case for Abolishing Intellectual Property
Kinsella on Liberty Podcast: Episode 459. In response to lots of froth on Twitter related to Jack Dorsey's call to "delete all IP law," which was echoed by Elon Musk (Musk and Dorsey: “delete all IP law”) I decided to attempt to host an impromptu Twitter Spaces about this. After overcoming some technical glitches, here is the result (and thanks to @Brunopbch, @NotGovernor (Patrick Smith), and @TrueAmPatriot86 for assists). I proposed to the space: "Fielding Questions About Abolishing Intellectual Property, about IP, and About Libertarian Property Rights", and that's basically what we ended up talking about. The Twitter spaces can be viewed here; I have clipped off the first 8 minutes or so of setup talk for this podcast episode. Grok summaries and shownotes and Youtube Transcript below. https://t.co/IHeVhPhlbs I'm going to do an impromptu Twitter space in an hour (2pm CST) to field any questions about the Libertarian Case Against Intellectual Property, in view of recent Twitter debates inspired by @jack Dorsey's and @elonmusk 's anti-IP comments,… — Stephan Kinsella (@NSKinsella) April 14, 2025 https://youtu.be/01FdFoB9QHY GROK HIGH LEVEL SUMMARY: Below is a concise summary of the video "Stephan Kinsella on Intellectual Property (IP)" (https://www.youtube.com/watch?v=01FdFoB9QHY), divided into six parts, based on the provided transcript and informed by the linked post (https://c4sif.org/2025/04/musk-dorsey-delete-all-ip-law/). The video features Stephan Kinsella discussing the case for abolishing IP laws in a Twitter Spaces session. Summary in Six Parts 1. Introduction and Context (0:01–1:03) Kinsella opens the session, discussing technical setup and his recent online IP debates, sparked by figures like Elon Musk and Jack Dorsey, who advocate abolishing IP laws. 2. Addressing IP Objections (1:09–5:16) Kinsella invites questions and tackles a common concern: IP protects small creators from big corporations. He argues this is misguided, noting Musk and Dorsey’s history of non-aggressive patent use (e.g., Tesla, Twitter), and challenges the assumption that creators deserve government-enforced rights. 3. Misconceptions and Debate Challenges (5:23–12:28) He debunks myths equating copying to theft or plagiarism, criticizing IP as anti-competitive. Kinsella laments Twitter’s combative nature, where users avoid substantive dialogue, and shares his desire for recorded discussions to foster learning, citing past successes. 4. China and IP’s Economic Impact (12:34–15:22) Responding to a question, Kinsella argues China’s growth shows benefits of lax IP, as adopting Western technology isn’t theft but learning. He critiques U.S. politicians for using “IP theft” to justify tariffs and impose Western IP laws globally. 5. IP vs. Property Rights and Innovation (15:48–38:02) Kinsella disputes claims that IP is a natural right, explaining ownership comes from first use or contract, not creation. Using Bitcoin as an example, he emphasizes secrecy over legal enforcement. He argues IP reduces innovation by granting monopolies, slowing progress for patent holders and competitors alike. 6. Corporate Power and IP’s Decline (38:09–1:15:40) He asserts IP fuels corporate giants (e.g., pharmaceuticals, Microsoft), not small creators, inflating prices and harming consumers. Kinsella notes copyright’s decline due to piracy and predicts technology (e.g., 3D printing) may render patents obsolete. He concludes that abolishing IP requires embracing uncertainty for justice, despite public fear of change. This summary condenses the video’s key points into six sections, aligning with the principled and pragmatic arguments Kinsella makes, while reflecting Musk and Dorsey’s anti-IP stance from the linked post. Let me know if you need further refinement! GROK DETAILED SUMMARY: Below is a summary of the video "Stephan Kinsella on Intellectual Property (IP)" (https://www.youtube.com/watch?v=01FdFoB9QHY),…
Kinsella on Liberty Podcast: Episode 458. The meat of this talk is only about 15 minutes, if you skip the first couple minutes of setup and the Q&A at the end. GROK SHOWNOTES: In this episode of the Kinsella on Liberty Podcast (KOL458), recorded on April 7, 2025, at the APEE 49th Meeting in Guatemala City, libertarian patent attorney Stephan Kinsella delivers a 15-minute panel presentation titled “Patent and Copyright versus Innovation, Competition, and Property Rights,” arguing that intellectual property (IP) laws, particularly patents and copyrights, are state-enforced monopolies that violate property rights and hinder innovation (0:00-7:00). Drawing on his forthcoming book Copy This Book and article “The Problem with Intellectual Property,” Kinsella traces IP’s origins to mercantilist privileges, critiques its economic harms like monopoly pricing in pharmaceuticals, and dismisses natural rights and utilitarian arguments for IP as flawed or empirically unsupported, including defamation law as a form of IP (7:01-15:00). He advocates for IP’s complete abolition to foster a free market of ideas, emphasizing its conflict with free speech and competition (15:01-22:20). Kinsella engages with audience questions, addressing the feasibility of abolishing IP in the digital age, where technologies like 3D printing and encryption could bypass enforcement, and critiques IP’s distortion of AI development (22:21-27:01). He counters objections about justice for creators and corporate wealth creation, arguing that market mechanisms like reputation suffice and IP’s monopolies harm competition, reinforcing his libertarian stance (27:02-30:05). The Q&A, cut short due to time constraints, highlights tensions with pro-IP views, including natural rights arguments. Kinsella concludes by comparing his anti-IP stance to an oncologist fighting cancer, urging the audience to “make IP history” and directing them to c4sif.org for resources, delivering a concise yet provocative critique (30:06-30:05). This episode is a compelling addition to Kinsella’s anti-IP scholarship, ideal for exploring libertarian perspectives on IP. Youtube Transcript and Grok Detailed Summary below. As mentioned in Speaking at APEE IP Panel in Guatemala, today (April 6, 2025) I spoke on a panel at the APEE 49th Meeting in Guatemala. The theme of this year's meeting was “The Economic History of State and Market Institutions,” April 6-8, 2025, Guatemala City, Guatemala (program; other info). My panel was Panel 50. [1.E.06] “Intellectual Property: Old Problems and New Developments,” Monday, April 7, 2025, 3:50 pm-5:05 pm, Breakout06. Organizer: Monica Rio Nevado de Zelaya, Universidad Francisco Marroquín; Chair: Ramón Parellada, Universidad Francisco Marroquín. My full panel: Intellectual Property: A Randian Approach Warren Orbaugh, Universidad Francisco Marroquín Non-Traditional Trademarks Cristina Umaña, Universidad Francisco Marroquín Copyright versus Innovation in the Market for Recorded Music Julio Cole,Universidad Francisco Marroquín Patent and Copyright versus Innovation, Competition, and Property Rights N. Stephan Kinsella, Center for the Study of Innovative Freedom The immediately preceding panel was also on IP, which I attended: 36. [1.D.06] [General] Intellectual Property and Information Technology Monday | 2:30 pm-3:45 pm | 06. Cafetal II Organizer: Lawrence H. White, George Mason University Chair: Osmel Brito-Bigott, Datanalitica Technological Innovation and Service Business Models: Impacts on Private Property Institutions Osmel Brito-Bigott, Datanalitica; and Laura Marie Carrasco Vasquez, Pontificia Universidad Catolica Madre y Maestra Five Arguments for Intellectual Property Adam Moore, University of Washington Ideas Are Not Property: A Cross-Country Analysis of Institutions and Innovation Lucca Tanzillo Dos Santos, Florida Atlantic University…
1 KOL457 | Sheldon Richman & IP; Andre from Brazil re Contract Theory, Student Loan Interest Payments, Bankruptcy, Vagueness, Usury 2:10:10
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 457. I had been meaning to talk to my old friend Sheldon Richman, of the Libertarian Institute and TGIF column, about his own IP Odyssey, as he's always been great on this issue, (( My IP Odyssey; as quoted in “Your failed business model is not my problem”; Sheldon Richman, “Patent Nonsense," IP Debate Breaks Out at FEE. Others, e.g. Richman, The Articles of Confederation Versus the Constitution. )) and many others. At the same time I had been talking to André Simoni of Brazil about some questions he had about applying my/Rothbard's title-transfer contract theory to some questions he had about interest payments on student loans and other contracts, usury, and so on. I had thought of talking to André and Sheldon separately but decided to combine them, partly because I confused André's topic with a discussion I had also been having at the same time with Galambosian Brian Gladish about IP and Galambos. (( On Galambos, see the following. On Gladish, see the next note. Galambos and Other Nuts; The Galambosians strike back; “Around this time I met the Galambosian.”; Was Galambos an IP Thief?; Galambos the Crank; Shades of Galambos: Man tries to copyright his name; Rothbard and Galambosians. )) Libertopia, San Diego, Oct. 11, 2012: Anthony Gregory, Kinsella, Roderick Long, Sheldon Richman. See KOL238 | Libertopia 2012 IP Panel with Charles Johnson and Butler Shaffer; KOL237 | Intellectual Nonsense: Fallacious Arguments for IP—Part 2 (Libertopia 2012); KOL236 | Intellectual Nonsense: Fallacious Arguments for IP (Libertopia 2012) Sheldon and I talked first about IP and other topics, and then to André about contract theory, which Sheldon jumped in on anyway. (I may talk to Gladish later about Galambos and IP.) (( Gladish on Galambos at ASC; his comments at: Have You Changed Your Mind About Intellectual Property?; Galambos and Other Nuts; Mises on Intellectual Property; Why Objectivists Hate Anarchy (Hint: IP). )) We touched on a number of topics; see the summary of our discussion points by Grok: [00:00:02 - 00:20:44] Stephan Kinsella hosts Sheldon Richman, executive editor of the Libertarian Institute, to discuss Richman’s libertarian journey and his opposition to intellectual property (IP). Richman traces his ideological roots to the 1964 Goldwater campaign, Ayn Rand, and Murray Rothbard, emphasizing his rejection of IP as incompatible with liberty due to its monopolistic nature. He critiques the notion that creation alone justifies ownership, advocating for property rights based on prior ownership of tangible inputs. The conversation highlights Richman’s classical liberal stance, his defense of corporations as efficient market entities, and his nuanced view on libertarian labels, favoring a broad, non-tribal approach to radical liberalism. [00:20:45 - 01:33:05] The discussion shifts to Andre from Brazil, who joins to explore the title-transfer theory of contract, focusing on its application to student loans, interest payments, usury, and bankruptcy. Kinsella explains that contracts involve title transfers, not enforceable promises, and addresses Andre’s concerns about vague contract terms and usury laws, arguing they often protect entrenched interests. On bankruptcy, Kinsella notes his evolving view, influenced by inalienability concepts, suggesting that extreme debt obligations resembling slavery might justify limited bankruptcy protections in a free society, as discussed in his recent blog post. Richman contributes insights on contracts, reinforcing the need for clear title transfers, while the trio debates the moral and legal implications of debt and societal expectations in libertarian frameworks. Transcript and detailed Grok shownotes below. https://youtu.be/7vrIz8cv2Bw Of relevance: Stephan Kinsella, “The Title-Transfer Theory of Contract,” Papinian Press Working Paper #1 (Sep. 7, 2024) Napolitano on Health-Care Reform and the Constitution: Is the Commerce Cl...…
Kinsella on Liberty Podcast: Episode 456. [Update: see various biographical pieces on my publications page, including Alan D. Bergman, Adopting Liberty: The Stephan Kinsella Story (2025).] This is my appearance on Adam Haman’s podcast and Youtube channel, Haman Nature (Haman Nature substack), episode HN 109, "Stephan Kinsella Expounds on Philosophy And The Life Well Lived" (recorded Feb. 6, 2025—just before the Tom Woods cruise). We discussed philosophy and rights; my legal and libertarian careers (see Adopting Liberty: The Stephan Kinsella Story), and so on. Adam's Shownotes: Adam interviews patent attorney, philosopher, legal theorist and libertarian anarchist Stephan Kinsella about his life, his works, and what's next for the great man! 00:00 – Intro. 01:21 -- Does Stephan believe there is a level of technology required for "Ancapistan" to "work". 07:42 -- Adam has issues with the "is/ought" gap and asks Stephan for help on the matter. 25:42 -- The life and times of Stephan Kinsella. Great stuff! 50:55 -- Have questions about legal careers? Reach out to Stephan with questions! 52:02 -- Outro. Thank you for watching Haman Nature! https://youtu.be/ls82IXaxIW8?si=0RXbDIdp5FsiR3IW…
1 KOL455 | Interview with my Patent Mentor, Bill Norvell, about Patent Law and Our Days Together 1:32:26
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 455. I interviewed/had a discussion with my first IP law boss today, William C. (Bill) Norvell, Jr., about our time together when I was a new lawyer, his love of opera and so on, and his views on politics, war, Trump, and his views on the patent and IP system based on his years of experience as a patent prosecutor and patent ligitator. Bill, previously a parter with my former firm Jackson Walker, is now retired from Akerman. He was unable to connect via video on our Zoom call so his part is audio only. https://youtu.be/dfpn3KWnh2Q I've mentioned before there are very few anti-patent IP attorneys (see Pro-IP “Anarchists” and anti-IP Patent Attorneys; Patent Lawyers Who Oppose Patent Law). It turns out Bill, the guy who taught me patent law, is mostly of that sentiment. In response to my question about whether abolishing the patent system would mean the end of innovation and inventions, go to about 1:26:00, for this interchange: Kinsella: If the patent system disappeared tomorrow, do you think this this would mean that innovation would stop? Norvell: No, absolutely not. I think it's in the mind in the civilized man and woman mind to move forward and advance society, and we've done this since the caveman and the development of fire and the wheel and so forth. Absolutely not. I think the people that I have known and worked with in my career had brilliant minds; they were creative people people, and they didn't they didn't really didn't give a damn about the patents. You know another point on this, and in direct answer to your question, is that patents are are applications a lot of times are approved to be pursued in corporations to be “warm fuzzies” for engineers and designers and so forth—"oh this man has three patents etc etc etc”—and there's there's not any care about about protectionism and going into the market and so forth. Mankind, in our entire society, the development of the Industrial Revolution, the evolution of that, is in the in the genes, so to speak, of humanity. I don't think it would affect it a bit. I am reminded of the words of an email to me from a patent attorney (Miracle–An Honest Patent Attorney!): Stephan, Your letter responding to Joe Hosteny’s comments on Patent Trolls nicely states what I came to realize several years ago, namely, it is unclear that the U.S. Patent System, as currently implemented, necessarily benefits society as a whole. Certainly, it has benefited [Hostey] and his [partners] and several of their prominent clients, and has put Marshall, Texas on the map; but you really have to wonder if the “tax” placed on industry by the System (and its use of juries or lay judges to make the call on often highly complex technical issues that the parties’ technical experts cannot agree on) is really worth it. Of course, anyone can point to a few start-up companies that, arguably, owe their successes to their patent portfolios; but over the last 35 years, I have observed what would appear to be an ever increasing number of meritless patents, issued by an understaffed and talent-challenged PTO examining group, being used to extract tribute from whole industries. I have had this discussion with a number of clients, including Asian clients, who have been forced to accept our Patent System and the “taxes” it imposes on them as the cost of doing business in the USA. I wish I had the “answer”. I don’t. But going to real opposition proceedings, special patent courts with trained patent judges, “loser pays attorney fees” trials, retired engineers/scientists or other experienced engineers/scientists being used to examine applications in their fields of expertise by telecommuting from their homes or local offices throughout the Country, litigating patent attorneys providing regular lectures to the PTO examiners on problems encountered in patent infringement cases due to ineffective or careless examination of patent applications,…
1 KOL454 | Debating Various Issues of Interest to Objectivists and Libertarians on The Rational Egoist (Michael Liebowitz)
Kinsella on Liberty Podcast: Episode 454. My recent appearance on The Rational Egoist. (Spotify; Youtube) Shownotes: Michael engages in a lively debate with Stephan Kinsella, a libertarian theorist and anarcho-capitalist, as they explore key issues that divide Objectivists and libertarians. They discuss topics such as intellectual property, the role of the state, and foundational philosophical differences between the two schools of thought. Grok shownotes: In this episode of the Kinsella on Liberty Podcast (KOL454), recorded on February 12, 2025, libertarian patent attorney Stephan Kinsella engages in a spirited debate with Objectivists Amy Peikoff and James Valliant, moderated by Adam Mossoff, covering intellectual property (IP), anarchism versus minarchism, and the application of Ayn Rand’s Objectivism to law (0:00:00-10:00). Kinsella argues that IP, particularly patents and copyrights, violates property rights by granting state-enforced monopolies over non-scarce ideas, advocating for a stateless society where voluntary institutions replace coercive government, while Peikoff and Valliant defend IP as a natural right rooted in creation and support a minimal state to protect individual rights, aligning with Rand’s philosophy (10:01-40:00). The debate, hosted by the Federalist Society, highlights tensions between libertarian and Objectivist principles, with Kinsella challenging the moral and practical basis of IP and state authority. The discussion grows contentious as Kinsella critiques the Objectivist justification for IP, citing its economic harms like litigation costs and innovation barriers, while Peikoff and Valliant counter that IP incentivizes creativity and that a minimal state is necessary to prevent chaos, using Rand’s framework to argue for objective law (40:01-1:10:00). In the Q&A, Kinsella addresses audience questions on anarchy’s feasibility and IP’s impact, maintaining that market mechanisms outperform state interventions, while Peikoff and Valliant defend Rand’s vision of limited government, accusing Kinsella of evading practical realities (1:10:01-1:29:56). Kinsella concludes by urging rejection of IP and state coercion, directing listeners to c4sif.org, delivering a robust libertarian critique, though the Objectivists’ insistence on Rand’s principles leaves little common ground. This episode is a compelling clash of ideologies, ideal for exploring libertarian and Objectivist perspectives. Transcript below along with detailed Grok summary. https://youtu.be/NLIS5u5gmlw?si=uUTQLcO7zBtgL9q0 https://open.spotify.com/episode/7irB0NVxlqysC571CUmJGE?si=DKtqArPPTO-OW8P2o_9P6w&nd=1&dlsi=b76eff4560b3492d DETAILED GROK SHOWNOTES Detailed Summary for Show Notes with Time Blocks The summary is based on the transcript provided at stephankinsella.com for KOL454, a 1-hour-29-minute debate recorded on February 12, 2025, hosted by the Federalist Society, featuring Stephan Kinsella debating Objectivists Amy Peikoff and James Valliant, moderated by Adam Mossoff. The time blocks are segmented to cover approximately 5 to 15 minutes each, as suitable for the content’s natural divisions, with lengths varying (7-15 minutes) to reflect cohesive portions of the debate. Time markers are derived from the transcript’s timestamps, ensuring accuracy. Each block includes a description, bullet points for key themes, and a summary, capturing the debate’s arguments and dynamics. 0:00:00-7:00 (Introduction and Opening Statements, ~7 minutes) Description: Moderator Adam Mossoff introduces the debate, outlining the topics of intellectual property (IP) and anarchism versus minarchism, with Kinsella representing libertarianism and Peikoff and Valliant representing Objectivism (0:00:00-0:01:00). Kinsella opens, arguing that IP, particularly patents and copyrights, violates property rights by creating state-enforced monopolies over non-scarce ideas, and advocates for anarcho-capitalism,…
1 KOL453 | Objections to Argumentation Ethics, Libertarian Property Rights, Scarcity, Intellectual Property: Discussion with a Student 1:33:05
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 453. I was approached recently by my old friend, legal scholar and philosopher David Koepsell (a fellow opponent of IP who appeared on the John Stossel show with me a few years back), (( KOL308 | Stossel: It’s My Idea (2015). )) as one of his students at Texas A&M, Eliot Kalinov, was interested in my and Hoppe's work on argumentation ethics and related issues. I offered to have a discussion with Eliot about these issues for his research and publication plans, which we did yesterday (Feb. 18, 2025). We recorded it for his own purposes, and I post it here, with his permission, for those who might find the topics discussed of interest. He is very bright and asked very intelligent questions. We discuss mainly the topics noted in the title of this episode. Grok shownotes: [0:03–28:37] In this episode of the Kinsella on Liberty podcast (KOL453), Stephan Kinsella engages in a discussion with a Texas A&M Classics major and Philosophy Club president about Hans-Hermann Hoppe’s argumentation ethics and related libertarian concepts. The student, introduced to libertarianism through figures like Liquid Zulu and Kinsella’s work on intellectual property (IP), seeks to explore argumentation ethics for an undergraduate philosophy journal paper. Kinsella explains that argumentation ethics, which posits that certain normative presuppositions (like self-ownership and property rights) are inherent in rational discourse, is a compelling framework for grounding libertarian principles. He clarifies its transcendental nature, avoiding the is-ought gap by deriving norms from the act of argumentation itself, and addresses its persuasive power despite not always convincing non-libertarians like socialists. [28:38–1:33:11] The conversation delves into critiques of argumentation ethics, particularly from Bob Murphy and Gene Callahan, focusing on issues like the necessity of property rights due to scarcity and the applicability of norms to edge cases (e.g., children, mentally impaired individuals). Kinsella defends the theory by emphasizing the prior-later distinction and the inevitability of conflict over scarce resources, which necessitates property norms. He also tackles inalienability, distinguishing body ownership from external object ownership, and critiques Walter Block’s voluntary slavery stance, arguing that contracts do not create obligations but transfer titles. The discussion broadens to libertarian property rights, the role of aggression in justifying responsive force, and the cultural rise of libertarianism, with Kinsella offering to review the student’s paper and suggesting publication avenues like the Journal of Libertarian Studies. Transcript and detailed Grok shownotes below. https://youtu.be/2vjVNAF0JUA Update: He recently (May 2025) notified me that his updated paper has been published as Eliot Kalinov, “The Universalizability of Argumentation Ethics,” Aletheia: Texas A&M Journal of Undergraduate Philosophy (Spring 2025): 58–79 (local copy). He also told me "in our discussion, I mentioned an Encrypted Will analogy and falsely attributed it to Walter Block." The paper is Ian Hersum, "A Rational Theory of the Rights of Children," Studia Humana 9:2 (2020): 45–52. Detailed Grok Shownotes Detailed Summary for Show Notes with Time Segments Segment 1: Introduction and Background (0:03–7:26) Description: The episode begins with the student introducing their background as a Classics major at Texas A&M, their role as Philosophy Club president, and their exposure to libertarianism via David Koepsell, Liquid Zulu, and Kinsella’s anti-IP work. They express interest in argumentation ethics, inspired by Kinsella’s discussion with Bob Murphy, aiming to write a paper for an undergraduate philosophy journal. Kinsella shares his connection with David Koepsell, a utilitarian with unique legal theories, and outlines the persuasive appeal of argumentation ethics,…
Kinsella on Liberty Podcast: Episode 452. I was asked recently to guest lecture for a course taught to some mechanical engineering students at Colorado University Boulder (EMEN 4100: Engineering Economics) by the lecturer, David Assad. Assad covers some ethics related matters in the latter part of the course and asked me to talk generally about ethics and related matters. I discussed ethics, morality, politics, and science. I discussed ethics and its relationship to science and politics, and discussed about what science is, the types of sciences, ethics and ethical theories and the relationship to specialized ethics and morality in general, and its relationship to political ethics and political philosophy. I then discussed libertarianism in general, the nature and function of property rights, and then explained how the intellectual property issue can be addressed based on the libertarian and private law perspective. The references and notes I gave the class are embedded in the slides and reproduced below. https://youtu.be/M3SzBjb5zdA Slides here (ppt) and streamed below: Further reading/references IP Issues Part IV of Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023; https://stephankinsella.com/lffs/) You Can’t Own Ideas: Essays on Intellectual Property (Papinian Press, 2023) The Anti-IP Reader: Free Market Critiques of Intellectual Property (Papinian Press, 2023) Other resources at https://c4sif.org/resources “Rethinking Intellectual Property: History, Theory, and Economics” (Mises Academy, 2011; 6 lectures) concise argument against IP law: “Intellectual Property and Libertarianism,” KOL037 | Locke’s Big Mistake: How the Labor Theory of Property Ruined Political Theory Intellectual Property Discussion with Mark Skousen “The Overwhelming Empirical Case Against Patent and Copyright” and “Legal Scholars: Thumbs Down on Patent and Copyright,” in Kinsella, You Can’t Own Ideas on the assumption that any additional innovation and creative works incentivized by the IP system are worth more to society than those lost or suppressed due to these same laws: “There’s No Such Thing as a Free Patent,” in You Can’t Own Ideas on the assumption that even if IP law gives rise to a net gain to society in terms of extra innovation, invention, and creative works, that this net gain is greater than other costs of the IP system: “There’s No Such Thing as a Free Patent,” in You Can’t Own Ideas Intellectual Property Rights as Negative Servitudes “Copyright is Unconstitutional” IP tutorials (on IP law, not policy) KOL409 | IP Law Tutorial, Part 1: Patent Law KOL411 | IP Law Tutorial, Part 2: Copyright Law KOL412 | IP Law Tutorial, Part 3: Trademark, Trade Secret, and Other Further Reading: Libertarianism Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023; https://stephankinsella.com/lffs/) Kinsella, The Greatest Libertarian Books, https://stephankinsella.com/lffs/ “Libertarian Legal Theory: Property, Conflict, and Society” (Mises Academy, 2011; 6 lectures) https://stephankinsella.com/kinsella-on-liberty-podcast/ Other Ludwig von Mises, Ultimate Foundation of Economic Science Hans-Hermann Hoppe, Economic Science and the Austrian Method, A Theory of Socialism & Capitalism, Economics & Ethics of Private Property, The Great Fiction (https://hanshoppe.com/publications/) Randy E. Barnett, “Of Chickens and Eggs—The Compatibility of Moral Rights and Consequentialist Analyses,” Harv. J. L. & Pub. Pol’y 12 (1989): 611–36, and idem, “Introduction: Liberty vs. License,” in The Structure of Liberty: Justice and the Rule of Law, 2d ed. (Oxford, 2014) Hoppe on Property Rights in Physical Integrity vs Value (to invasion of the physical integrity of their property boundaries) Update: see Repealing the Laws of Physics, with this amusing, possibly apocryphal,…
Kinsella on Liberty Podcast: Episode 451. My recent appearance on The Rational Egoist. (Spotify) Shownotes: Debating the Nature of Rights with Stephan Kinsella In this episode of The Rational Egoist, host Michael Liebowitz engages in a stimulating debate with libertarian writer and patent attorney Stephan Kinsella on the nature of rights. Drawing from his book Legal Foundations of a Free Society and his extensive work on legal and political theory, Kinsella offers his perspective on the origins, scope, and application of individual rights. Together, they examine differing philosophical interpretations and discuss how rights function in a free society. This thought-provoking conversation invites listeners to question and refine their understanding of one of the most fundamental concepts in political philosophy. Grok shownotes: In this episode of the Kinsella on Liberty Podcast (KOL451), recorded on January 29, 2025, libertarian patent attorney Stephan Kinsella debates economist Stan Liebowitz on the nature and legitimacy of property rights, focusing on intellectual property (IP) and its economic implications, hosted by the Federalist Society (0:00:00-10:00). Kinsella argues that IP, particularly patents and copyrights, violates property rights by granting state-enforced monopolies over non-scarce ideas, using Austrian economics to emphasize that property rights apply only to scarce, rivalrous resources, and critiques IP’s economic harms like litigation costs and innovation barriers (10:01-40:00). Liebowitz, defending IP, contends that it incentivizes innovation by protecting creators’ profits, arguing that without IP, underinvestment in creative industries would occur, and challenges Kinsella’s dismissal of utilitarian benefits (40:01-1:10:00). The debate intensifies as Kinsella refutes Liebowitz’s utilitarian claims, citing empirical studies showing no clear innovation benefits from IP, while Liebowitz insists on the necessity of IP for industries like pharmaceuticals and software, accusing Kinsella of ignoring practical realities (1:10:01-1:40:00). In the Q&A, Kinsella addresses audience questions on IP’s impact and property rights, maintaining that market mechanisms like first-mover advantages suffice, while Liebowitz defends IP as a pragmatic necessity, highlighting a divide between principled libertarianism and economic pragmatism (1:40:01-1:56:09). Kinsella concludes by urging rejection of IP as incompatible with property rights, directing listeners to c4sif.org, delivering a robust critique. This episode is a compelling clash of libertarian and utilitarian perspectives on IP. Youtube transcript and Detailed Grok shownotes below: https://youtu.be/_rvJ2H8r5Z8?si=890cUejq8lRh4ISj https://youtu.be/LPCg8NEPoNg?si=4djdwXxpR2CYSVA2 GROK DETAILED SHOWNOTES Detailed Summary for Show Notes with Time Blocks The summary is based on the transcript provided at stephankinsella.com for KOL451, a 1-hour-56-minute debate recorded on January 29, 2025, hosted by the Federalist Society, featuring Stephan Kinsella debating economist Stan Liebowitz on the nature of property rights and IP. The time blocks are segmented to cover approximately 5 to 15 minutes each, as suitable for the content’s natural divisions, with lengths varying (8-15 minutes) to reflect cohesive portions of the debate. Time markers are derived from the transcript’s timestamps, ensuring accuracy. Each block includes a description, bullet points for key themes, and a summary, capturing the debate’s arguments and dynamics. 0:00:00-8:00 (Introduction and Opening Statements, ~8 minutes) Description: The Federalist Society host introduces the debate, outlining the topic of property rights, with a focus on IP, and presents Kinsella and Liebowitz as debaters with opposing views (0:00:00-0:02:00). Kinsella opens, arguing that IP, particularly patents and copyrights, violates property rights by creating state-enforce...…
Kinsella on Liberty Podcast, Episode 450. My discussion/interview by Matthew Sands of the Nations of Sanity project as part of his “Together Strong” debate series. Grok shownotes: [0:00–30:00] In this episode of the Kinsella on Liberty podcast (KOL450), Stephan Kinsella is interviewed by Matthew Sands of the Nations of Sanity project for the “Together Strong” debate series, with Econ Bro as a co-participant. The discussion centers on intellectual property (IP), with Kinsella articulating his libertarian critique that IP, including patents and copyrights, is an unjust state-granted monopoly that restricts innovation, free speech, and competition. He argues that ideas are non-scarce, non-rivalrous resources, and copying does not constitute theft, as it does not deprive the creator of their work. Sands facilitates the debate, probing Kinsella’s views on how creators can profit without IP, while Econ Bro challenges the practical implications, expressing concern about incentives for innovation in a post-IP world. [30:01–1:04:58] Kinsella elaborates on alternative models for creators, citing examples like crowdsourcing (e.g., Iron Sky), open-source software, and first-mover advantages, which thrive without IP enforcement. He critiques the historical roots of copyright in state control (e.g., Statute of Anne) and its modern extension through corporate lobbying (e.g., Disney’s Mickey Mouse). Econ Bro raises objections about potential exploitation of creators, but Kinsella counters that market dynamics and reputation suffice to reward innovation, and IP’s costs (e.g., litigation, suppressed competition) outweigh its benefits. The episode concludes with Sands summarizing the arguments, emphasizing the libertarian principle of property rights in scarce resources, and Kinsella reinforcing that technology (e.g., piracy, blockchain) renders IP increasingly unenforceable, aligning with a freer, decentralized future. Update: see Nations of Sanity on IP https://youtu.be/igflMs3VJPM?si=3MBYzu9cmeth4LlH Grok detailed summary: Detailed Summary for Show Notes with Time Segments Segment 1: Introduction and IP Critique (0:00–15:00) Description: Matthew Sands introduces the “Together Strong” debate, featuring Stephan Kinsella and Econ Bro discussing intellectual property. Kinsella opens with his libertarian stance, arguing that IP (patents, copyrights, trademarks) is a state-enforced monopoly that violates property rights by restricting how individuals use their own resources (e.g., printing presses, factories). He defines ideas as non-rivalrous, meaning one person’s use doesn’t diminish another’s, and asserts that copying is not theft since the original creator retains their work. Sands sets the stage for a balanced debate, asking how creators can thrive without IP protections. Summary: Sands introduces the debate, outlining Kinsella’s anti-IP position and Econ Bro’s role as a challenger (0:00–2:30). Kinsella argues IP is a state-granted monopoly, not a natural right, restricting freedom to use physical property (2:31–5:45). Defines ideas as non-rivalrous, distinguishing them from scarce resources like land or goods (5:46–8:20). Asserts copying isn’t theft, as creators retain their work, challenging the moral basis of IP (8:21–11:00). Sands asks about creator incentives, setting up Econ Bro’s counterarguments (11:01–15:00). Segment 2: Historical Context and Creator Incentives (15:01–30:00) Description: Kinsella traces copyright’s origins to the printing press and the Statute of Anne (1709), which granted monopolies to publishers under state control, a system perpetuated by modern corporate lobbying (e.g., Disney’s copyright extensions). Econ Bro questions how creators would be incentivized without IP, fearing reduced innovation. Kinsella counters with examples like open-source software (e.g., Linux) and crowdsourced projects (e.g., Iron Sky),…
Kinsella on Liberty Podcast, Episode 449. I was interviewed by Logan Hertz, of Hazeltine LLC, about attempts by the Nelson Nash Institute, they of the poorly-named "Infinite Banking" concept, to use trademark to bully competitors. I discuss the general problem with IP and then apply it to trademark, and provide suggestions as to more "ethical" ways of using trademark and IP in an IP-world. See also Logan's LinkedIn post. For more, see: Do Business Without Intellectual Property. https://youtu.be/EezJNq-FXQc?si=zPY2QdgLqeqqnf0-…
Kinsella on Liberty Podcast, Episode 448. This is my discussion with European patent attorney David Pearce, of the Tufty the Cat European IP blog (twitter). He and I were co-founders and members of the Advisory Council for the Open Crypto Alliance (2020–22). We discuss Craig Wright, nChain and bitcoin related patents, and so on (see video below). https://youtu.be/3B1R_aTdQ0I https://youtu.be/AJmPrbQ4NQU?si=yAGKMU590r6Vac4i…
Kinsella on Liberty Podcast, Episode 447. This is from the show "Axioms of Liberty," which has another episode about my IP writing. This time, it's a reading of "Law and Intellectual Property in a Stateless Society."
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Kinsella On Liberty
Kinsella on Liberty Podcast, Episode 446. This is from the show "Axioms of Liberty," which has another episode about my IP writing. This time, it's a reading of "Intellectual Property and Libertarianism."
Kinsella on Liberty Podcast, Episode 445. The show "Axioms of Liberty" has an episode about my IP writing, including readings of three early pieces: First, one of my earliest writings, Stephan Kinsella, "Letter on Intellectual Property Rights," IOS Journal 5, no. 2 (June 1995), pp. 12-13, and followed by David Kelley's response. Next, “Is Intellectual Property Legitimate?”, first published in the Pennsylvania Bar Association Intellectual Property Newsletter 1 (Winter 1998): 3 and republished in the Federalist Society’s Intellectual Property Practice Group Newsletter, vol. 3, Issue 3 (Winter 2000). And finally, "In Defense of Napster and Against the Second Homesteading Rule," LewRockwell.com (Sept. 4, 2000). I am not sure who this podcaster is, but he has my gratitude.…
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Kinsella On Liberty
1 KOL444 | Property Rights, Bitcoin, Ideas & Fungibility, with AlexAnarcho 1:56:32
1:56:32 Play Later Play Later Lists Like Liked1:56:32
Play Later Play Later Lists Like LikedKinsella on Liberty Podcast, Episode 444. I had forgotten about this conversation with "AlexAnarcho" back in May 2024. Here it is. Property rights, ideas & fungibility w/ Stephan Kinsella released 05/02/2024 Stephan Kinsella is a pioneer on the topic of intellectual property (IP). His arguments against IP also carry over to the cyberspace. Can you even "own" Bitcoin? After all, it is just a number on an elliptic curve...…
Kinsella on Liberty Podcast, Episode 443. “Abortion: A Radically Decentralist Approach,” 2024 Annual Meeting, Property and Freedom Society, Bodrum, Turkey (Sep. 22, 2024). This was also podcast at the Property and Freedom Podcast as PFP285. See: “Abortion: A Radically Decentralist Approach” (PFS 2024). Update: see Christos Armoutidis, "Preargumentation Ethics and the Issue of Abortion," J. Libertarian Stud. 28, no.1 (2024); and Oscar Grau, "On Argumentation Ethics, Human Nature, and Law," in A Life in Liberty: Liber Amicorum in Honor of Hans-Hermann Hoppe, edited by Jörg Guido Hülsmann & Stephan Kinsella (Houston, Texas: Papinian Press, 2024). https://youtu.be/v9bDRDD2wWU Panel discussion: https://youtu.be/vFCZLT4tMY4 Notes below, followed by Youtube's automatic transcript. Abortion: A Radically Decentralist Approach Stephan Kinsella Property and Freedom Society 2024 Annual Meeting Bodrum, Turkey September 19–24, 2024 Alright, let’s have as much fun as we can with a topic like this. Contentious issues among libertarians: Anarchy vs. Minarchy Forms of state: monarchy vs. democracy Open borders vs. mass immigration Intellectual Property (we are winning this one) Israel vs. Gaza Ukraine vs. Russia Abortion: Pro-choice and Pro-Life I’ve changed my own mind a bit on this issue, after becoming a parent: from pro-choice. to more sympathetic to pro-life arguments, and to my current decentralist view Traditionally libertarians have tended to be pro-choice, including virtually all Objectivists, though there were always some minority pro-life voices (e.g. Doris Gordon of L4L). In recent years many seem to be more conservative, and more friendly to religion, and many more opposed to abortion than in the past. The LP removed its pro-choice plank in Reno in 2022 as part of the Mises Caucus takeover, the “Reno Reset,” arguing that the issue is not settled and each candidate should be able to adopt their own position on this issue. On some issues it seems possible to make progress. Many libertarians come from conservatism, or sometimes leftism, moving at first towards libertarian minarchism and then eventually to libertarian anarchism. I changed my mind on the IP issue and have managed to persuade a large number of people to adopt the anti-IP position. Views change on the issue of open borders and immigration and on particular issues like Israel vs. Gaza and Russia v. Ukraine. But it seems almost impossible for anyone to change someone else’s mind on the abortion issue. The fact that this issue seems intractable, often rooted in deep lifestyle preferences or religious beliefs, is relevant, I think to how this issue is best solved in a political-legal sense. See Loren E. Lomasky, Persons, Rights, and the Moral Community (New York: Oxford University Press, 1987), p. 91: “The intractability of the dispute … may itself be philosophically significant.” There are the well-known arguments Pro-choice There is the modern, or feminist, argument: it’s my body. Of course the response is that there is a baby inside which complicates the matter For this reason even most pro-choice people do not not favor legality until birth Ayn Rand: “abortion is a moral right-which should be left to the sole discretion of the woman involved.” (“Of Living Death,” The Objectivist, Oct. 1968, 6) In Rand’s view, opposition to abortion arises from a failure to grasp both the context of rights and the imposition that child-bearing places on women. As she put it: “A piece of protoplasm has no rights-and no life in the human sense of the term. One may argue about the later stages of a pregnancy, but the essential issue concerns only the first three months.” So even Randians recognize difficulty in the later stages of pregnancy Pro-life Then there is the religious-based pro-life argument As this is religious,…
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Kinsella On Liberty
1 KOL442 | Together Strong Debate vs. Walter Block on Voluntary Slavery (Matthew Sands of Nations of Sanity)
Kinsella on Liberty Podcast, Episode 442. This is a debate between me and Walter Block about voluntary slavery contracts, hosted by Matthew Sands of the Nations of Sanity project as part of his "Together Strong" debate series. (See previous episode KOL426) Unedited transcript (from Youtube) below. https://youtu.be/x6ecMmBpGs8?si=veUW9EnXhwujEAo1 Notes: For further discussion of this topic, see: chapters 9–11, from Legal Foundations of a Free Society (2024; LFFS), namely "A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability," "Inalienability and Punishment: A Reply to George Smith," and "Selling Does Not Imply Ownership, and Vice-Versa: A Dissection" Re the "Zombicide" and psychosurgery comments, see ch. 10, text at n.37, citing Randy E. Barnett The Structure of Liberty: Justice and the Rule of Law, 2d ed. (Oxford: Oxford University Press, 2014), p. 78 & n. 39 See also, on this, Randy E. Barnett, “Rights and Remedies in a Consent Theory of Contract,” in R.G. Frey & C. Morris, eds., Liability and Responsibility: Essays in Law and Morals (Cambridge University Press, 1991), p. 157; idem, “Contract Remedies and Inalienable Rights” in “Symposium on Philosophy and Law,” Social Policy and Philosophy 4, no. 1 (1986): 179–202, p. 188; In addition to Walter Block and Robert Nozick, libertarian philosopher Gerard Casey apparently agrees with Block that voluntary slavery contracts are legitimate and enforceable. See Gerard Casey, Libertarian Anarchy: Against the State (Continuum International Publishing Group, 2012), ch. 6, n.6: “… after a conversation with Walter Block on the topic of voluntary slavery, I am persuaded that there can be no legitimate objection to that principle’s encompassing specific performance also.” See also Batting about voluntary slavery, noting libertarian Thomas Knapp apparently also believes in the enforceability of voluntary slavery contracts. My paper, The Title-Transfer Theory of Contract (Papian Press Working Paper #1) KOL004 | Interview with Walter Block on Voluntary Slavery and Inalienability Other than Block and Nozick, Gerard Casey also seems to favor voluntary slavery: “Can You Own Yourself?“, Research Depository UCD Dublin (Dec. 2011) A few comments. African Slavery Walter favors voluntary slavery but not involuntary slavery; this was one reason he sued the New York Times for defamation, since they claimed he supported slavery (if I recall correctly; 1, 2, 3). But how do we know that all the African slaves in antebellum America were involuntary slaves? Is it established that every African shipped to the US from Africa went against their will? What if they heard life was better in America, and they volunteered to go even knowing they would be enslaved. Wouldn't such a slavery contract be enforceable in Walter's view of slavery? Or take another example. Suppose Jones, owner of a plantation in Louisiana, owns a slave Toby, but he starts to feel bad about slavery and he manumits Toby, and tells him to leave. Toby says he has no money, no food, and he doesn't want to wander around in Louisiana where he might be attacked or enslaved again, and says he would prefer to just stay on Jones's plantation and work for him. Jones says well okay but only if you sell yourself to me and be my slave. So Toby sells himself to Jones. Wouldn't this be legitimate and enforceable, according to Walter's theory? Forced Sex with a Prostitute Walter says that if you sell yourself into slavery, then if you try to run away you are stealing the property of your owner. He is entitled to use force against you since you are disobeying him. Now around 52:13, Mathew asks Walter about my hypothetical about kissing a girl. I had explained that it's not assault/battery or aggression if you kiss a girl if she consents. If during dinner she promises to let you kiss her when you drop her off, and you do, it's also not consent,…
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Kinsella On Liberty
1 KOL441 | The Bitcoin Standard Podcast with Saifedean Ammous: Legal Foundations of a Free Society, Property Rights, Intellectual Property
Kinsella on Liberty Podcast, Episode 441. This is Episode 238 of The Bitcoin Standard Podcast, with Dr. Saifedean Ammous, author of The Bitcoin Standard. From his shownotes: Legal Scholar Stephan Kinsella joins to discuss his new book, Legal Foundations of a Free Society, in which he discusses libertarianism as a system for determining legitimate property rights, why property rights are important, and the problem with intellectual property rights.. https://youtu.be/l-0IG38raGw?si=NNCOa3-AKn1YkQl-…
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Kinsella On Liberty
1 KOL440 | The Rational Egoist (Michael Liebowitz): Debating the Moral Status of Intellectual Property: Part IIb
Kinsella on Liberty Podcast: Episode 440. My appearance on The Rational Egoist: Debating the Moral Status of Intellectual Property with Stephan Kinsella: Part IIb. (Spotify) Shownotes: The Rational Egoist: Concluding the Intellectual Property Debate with Stephan Kinsella (Part 2 of 2) In this final episode of a two-part series, host Michael Liebowitz concludes his engaging debate with Stephan Kinsella, a libertarian patent attorney and author, on the moral and legal status of intellectual property. Building on the groundwork laid in the previous discussion, Michael and Kinsella delve further into the core arguments surrounding IP rights, examining their effects on creativity, innovation, and property law. The episode offers compelling insights into both sides of the debate, providing a thorough exploration of one of the most contested issues in legal and economic theory. Tune in for the conclusion of this thought-provoking exchange that challenges established viewpoints and offers fresh perspectives on intellectual property. Grok Shownotes: In this episode of the Kinsella on Liberty Podcast (KOL440), recorded on August 28, 2024, libertarian patent attorney Stephan Kinsella concludes his debate with Objectivist Michael Liebowitz on The Rational Egoist, hosted by Michael Malice, continuing their discussion from KOL438 and KOL439 on the moral and legal status of intellectual property (IP), focusing on patents and copyrights (0:00:00-10:00). Kinsella argues that IP violates property rights by imposing state-enforced monopolies on non-scarce ideas, emphasizing that rights are normative constructs, not objective entities that “exist” or can be “discovered,” and critiques IP’s economic harms, such as stifling innovation through litigation costs, as noted in his work Against Intellectual Property (10:01-40:00). Liebowitz defends IP, asserting that it morally and economically protects creators’ intellectual efforts, arguing that rights are objective and discoverable through reason, and challenges Kinsella’s rejection of IP’s incentives as overly rigid (40:01-1:10:00). The debate intensifies as Kinsella refutes Liebowitz’s claims, citing empirical studies showing IP’s lack of innovation benefits and reinforcing that rights are man-made tools for justice, not discoverable entities, while Liebowitz insists IP is essential to prevent free-riding and ensure economic viability for creators, accusing Kinsella of ignoring practical realities (1:10:01-1:40:00). In the Q&A, Kinsella addresses questions on IP’s impact and the nature of rights, maintaining that market mechanisms like first-mover advantages suffice and that rights are constructed, not inherent, while Liebowitz defends IP as a natural extension of property rights, highlighting a philosophical divide between libertarian and Objectivist principles (1:40:01-2:10:00). Kinsella concludes by urging rejection of IP as incompatible with liberty, directing listeners to c4sif.org, delivering a compelling finale to their IP debate series. This episode is a profound exploration of IP’s philosophical and practical implications. YOUTUBE TRANSCRIPT and GROK detailed SHOW NOTES below. GROK detailed SHOW NOTES Detailed Summary for Show Notes with Time Blocks The summary is based on the transcript provided at stephankinsella.com for KOL440, a 2-hour-10-minute debate recorded on August 28, 2024, hosted by Michael Malice on The Rational Egoist, featuring Stephan Kinsella debating Objectivist Michael Liebowitz on intellectual property (IP). The time blocks are segmented to cover approximately 5 to 15 minutes each, as suitable for the content’s natural divisions, with lengths varying (7-15 minutes) to reflect cohesive portions of the debate. Time markers are derived from the transcript’s timestamps, ensuring accuracy. Each block includes a description, bullet points for key themes, and a summary, capturing the debate’s arguments,…
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Kinsella On Liberty
1 KOL439 | The Rational Egoist (Michael Liebowitz): Debating the Moral Status of Intellectual Property: Part IIa
Kinsella on Liberty Podcast: Episode 439. My appearance on The Rational Egoist: Debating the Moral Status of Intellectual Property with Stephan Kinsella: Part IIa. (Spotify) Michael will release the second half, PartIIb, later. Shownotes: The Rational Egoist: Resuming the Intellectual Property Debate with Stephan Kinsella (Part 1 of 2) In this episode of The Rational Egoist, host Michael Liebowitz resumes his debate with Stephan Kinsella, a libertarian patent attorney and author, on the contentious issue of intellectual property. Picking up from their conversation a couple of weeks ago, Michael and Kinsella dive even deeper into the philosophical and legal arguments concerning IP rights. This is part one of a two-part series that explores the impact of intellectual property on innovation, individual rights, and economic systems. Join them for a rigorous exchange of ideas that challenges conventional thinking and sets the stage for the next episode's continuation. Michael Leibowitz, host of The Rational Egoist podcast, is a philosopher and political activist who draws inspiration from Ayn Rand’s philosophy, advocating for reason, rational self-interest, and individualism. His journey from a 25-year prison sentence to a prominent voice in the libertarian and Objectivist communities highlights the transformative impact of embracing these principles. Leibowitz actively participates in political debates and produces content aimed at promoting individual rights and freedoms. He is the co-author of “Down the Rabbit Hole: How the Culture of Correction Encourages Crime” and “View from a Cage: From Convict to Crusader for Liberty,” which explore societal issues and his personal evolution through Rand’s teachings. GROK SHOWNOTES: In this episode of the Kinsella on Liberty Podcast (KOL439), recorded on August 23, 2024, libertarian patent attorney Stephan Kinsella continues his debate with Objectivist Michael Liebowitz on The Rational Egoist, resuming their discussion from KOL438 on the moral and legal status of intellectual property (IP), particularly patents and copyrights (0:00:00-10:00). Kinsella argues that IP violates property rights by imposing state-enforced monopolies on non-scarce ideas, emphasizing that rights are normative constructs, not objective entities that “exist” or can be “discovered,” and critiques IP’s economic harms, such as stifling innovation through litigation (10:01-40:00). Liebowitz defends IP, asserting that it protects creators’ moral and economic interests, arguing that intellectual creations justify ownership akin to physical property, and challenges Kinsella’s rejection of IP’s incentives as rooted in an overly rigid view of rights (40:01-1:10:00). The debate deepens as Kinsella refutes Liebowitz’s utilitarian and moral claims, citing empirical studies showing IP’s lack of innovation benefits and reinforcing that rights are man-made tools for justice, not discoverable entities, while Liebowitz counters that IP is essential to prevent free-riding and ensure economic viability for creators, accusing Kinsella of ignoring practical realities (1:10:01-1:40:00). In the Q&A, Kinsella addresses questions on IP’s impact and the nature of rights, maintaining that market mechanisms like first-mover advantages suffice and that rights are constructed, not inherent, while Liebowitz defends IP as a natural extension of property rights, highlighting a philosophical divide between libertarian and Objectivist principles (1:40:01-2:00:55). Kinsella concludes by urging rejection of IP as incompatible with liberty, directing listeners to c4sif.org, delivering a robust critique in this compelling continuation of their IP debate. https://youtu.be/8NfUVzLe4gI?si=tzyVjJY79rb8vh77 GROK DETAILED SHOW NOTES: Detailed Summary for Show Notes with Time Blocks The summary is based on the transcript provided at stephankinsella.com for KOL439, a 2-hour debate recorded on August 23, 2024,…
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Kinsella On Liberty
1 KOL438 | The Rational Egoist (Michael Liebowitz): Debating the Moral Status of Intellectual Property: Part I
Kinsella on Liberty Podcast: Episode 437. My appearance on The Rational Egoist: Debating the Moral Status of Intellectual Property with Stephan Kinsella. We focused here mostly on property rights and other precursor concepts. We plan to have a followup discussion to get into the nitty gritty of the application of these more basic concepts and principles to the topic of IP. (Spotify) Shownotes: In this episode of The Rational Egoist, host Michael Liebowitz engages in a thought-provoking discussion and debate with Stephan Kinsella, a libertarian writer and patent attorney, on the moral status of intellectual property. The complexity of the issue sparks a deep dive into the ethical and legal dimensions of IP rights, leading to a conversation so rich that it had to be continued in a future episode. Kinsella, known for his critical views on intellectual property, challenges conventional notions, while Michael offers his own perspective. This episode promises to be a captivating exploration of one of the most debated topics in the intersection of law, philosophy, and economics. Tune in for a rigorous and intellectually stimulating debate that leaves no stone unturned. Grok shownotes: In this episode of the Kinsella on Liberty Podcast (KOL438), recorded on October 23, 2023, libertarian patent attorney Stephan Kinsella engages in a rigorous debate with Objectivist Michael Liebowitz, hosted by Michael Malice on The Rational Egoist, focusing on the legitimacy of intellectual property (IP), particularly patents and copyrights (0:00:00-10:00). Kinsella argues that IP violates property rights by granting state-enforced monopolies over non-scarce ideas, emphasizing that property rights apply only to scarce, rivalrous resources, and critiques IP’s economic harms like litigation costs and innovation barriers, explicitly addressing the concept of rights as man-made constructs rather than entities that “exist” or can be “discovered” (10:01-40:00). Liebowitz, defending IP, contends that it protects creators’ moral and economic interests, arguing that intellectual creations justify ownership akin to physical property, and challenges Kinsella’s dismissal of IP’s incentives (40:01-1:10:00). The debate intensifies as Kinsella refutes Liebowitz’s moral and utilitarian claims, asserting that rights are normative concepts, not objective entities to be discovered, and cites empirical studies showing IP’s lack of innovation benefits, while Liebowitz insists IP is essential for rewarding creativity and preventing free-riding, accusing Kinsella of ignoring practical realities (1:10:01-1:40:00). In the Q&A, Kinsella addresses audience questions on IP’s impact and rights’ nature, maintaining that market mechanisms outperform IP and that rights are constructed, not discovered, while Liebowitz defends IP as a natural extension of property rights, highlighting a philosophical divide between libertarian and Objectivist principles (1:40:01-1:54:11). Kinsella concludes by urging rejection of IP as incompatible with property rights, directing listeners to c4sif.org, delivering a compelling critique. This episode is a profound exploration of IP’s philosophical and practical implications. Transcript and Detailed Grok shownotes below: https://youtu.be/-Xc3nW2rVX8?si=qUCLG--2U2SJRdtU DETAILED GROK SHOWNOTES: Detailed Summary for Show Notes with Time Blocks The summary is based on the transcript provided at stephankinsella.com for KOL438, a 1-hour-54-minute debate recorded on October 23, 2023, hosted by Michael Malice on The Rational Egoist, featuring Stephan Kinsella debating Objectivist Michael Liebowitz on intellectual property (IP). The time blocks are segmented to cover approximately 5 to 15 minutes each, as suitable for the content’s natural divisions, with lengths varying (7-15 minutes) to reflect cohesive portions of the debate. Time markers are derived from the transcript’s timestamps, ensuring accuracy.…
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Kinsella On Liberty
1 KOL436 | Kelly Patrick Show: Taking Questions from Nonlibertarians 1:33:08
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 436. I was interviewed today by Kelly Patrick of the Kelly Patrick Show ep. 777. I fielded questions from his The Kelly Patrick Show Political Chat facebook group, mostly questions from nonlibertarians or people critical of libertarianism. We discussed the prospects of liberty, activism, why people are not persuaded by libertarian arguments, the prospects of the Libertarian Party, intellectual property, anarchism, and so on.…
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Kinsella On Liberty
1 KOL435 | Austrian Libertarian Association (Spain): Intellectual Property, Libertarians in Politics and Our Differences 1:49:38
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 435. I was interviewed by Daniel Morena Vitón and Luis Abram for a Spanish libertarian podcast, as he initially told me: "The interview is about some legal questions of libertarianism, for a new libertarian association in Spain founded by Jesús Huerta de Soto, the 'Austrian Libertarian Association.'" I believe there were technical problems with the recording of the first question or two, so I was asked to repeat my answer near the end; sure how they ended stitching this together or editing this. From their shownotes (Google autotranslate): Stephan Kinsella will give the keys regarding various topics from intellectual issues that concern libertarianism such as intellectual property and the challenges that it entails, as well as more current topics such as libertarians in politics or the current libertarian parties that the political landscape houses. https://youtu.be/L78827aNHR0?si=g3rv2hkfcDJnt79m…
Kinsella on Liberty Podcast: Episode 434. My appearance on The Rational Egoist: Exploring The Objectivist Ethics with Stephan Kinsella. (Spotify) https://youtu.be/Dzv1euK5XKg?si=vcvjrh3XZ9sCRx9Y Join host Michael Liebowitz for a thought-provoking episode of The Rational Egoist as he engages in a stimulating discussion with Stephan Kinsella, a prominent libertarian writer and patent attorney, on The Objectivist Ethics. In this enlightening conversation, Michael and Stephan delve into the foundational principles of Objectivism, exploring its ethical framework, implications for individual freedom, and relevance in contemporary society. Drawing on his expertise in libertarian legal theory and intellectual property law, Stephan Kinsella offers valuable insights into The Objectivist Ethics, as formulated by philosopher Ayn Rand. He provides a comprehensive overview of Rand's philosophical system, highlighting its emphasis on reason, individualism, and rational self-interest as the basis for moral conduct. Listeners will gain a deeper understanding of The Objectivist Ethics, as Michael and Stephan explore its implications for issues such as property rights, personal autonomy, and the pursuit of happiness. They discuss the role of rational self-interest in fostering human flourishing and examine the ethical principles that underpin a free and just society. This episode serves as a platform for intellectual inquiry and philosophical exploration, as Michael and Stephan engage in a rigorous examination of Objectivist ethics and its implications for human behavior and social organization. Through reasoned discourse and critical analysis, they offer listeners valuable insights into the moral foundations of liberty and the pursuit of individual well-being. Tune in to The Rational Egoist for an enlightening conversation with Stephan Kinsella as we explore The Objectivist Ethics. Whether you're a student of philosophy, a curious thinker, or someone seeking to deepen your understanding of ethical principles, this episode promises to inform, inspire, and provoke thoughtful reflection on the nature of human morality and the pursuit of a rational life.…
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Kinsella On Liberty
1 KOL433 | The Big Questions with Big John—Stephan Kinsella – Austro-Anarchist Libertarian, and anti-IP Lawyer
Kinsella on Liberty Podcast: Episode 433. This is my appearance on The Big Questions with Big John. From his shownotes: Libertarian Stephan Kinsella shares his background as an engineer turned lawyer. A conversation on IP rights delves into arguments against patents & copyrights. https://youtu.be/SpcQUIMsj5k?si=zEnZZXcEM3IY5UL-…
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Kinsella On Liberty
1 KOL432 | Haman Nature 0027: School Choice “Debate” 40:26
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 432. My appearance on Adam Haman's podcast and Youtube channel, Haman Nature (Haman Nature substack), episode 27. I have previously argued against "school choice" (KOL419 | Soho Forum Debate vs. Corey Deangelis: School Choice). Adam wrote an article promoting school choice and I objected to it. He invited me to come back on his show to discuss and I did and, well, he kinda sorta changed my mind, or at least softened my opposition. I love these kind of real conversations when people actually listen to each other with the shared goal of promoting liberty and reaching the truth, and with no ego or other investments involved that could prevent you from seeing reason or truth or the other guy's position and even being willing to change your mind. And I like when I lose! I mean it rarely happens, but I like it--it means I learned something. Which is also increasingly rare. Enjoy! https://youtu.be/WOcHI4Jtn9s?si=6U-GX8013NJtWYvh Adam's shownotes: Well, "debate" is too strong a word, but brilliant smarty-pants Stephan Kinsella had some disagreements about an article Adam wrote about school choice and was gracious enough to come on Haman Nature to discuss them. 00:00 – Intro. 01:15 -- Happy birthday to Adam! Stephan's gives him an... odd present. Also, Adam recounts the article he wrote that prompted this talk. 02:54 -- Stephan lays out his position on school choice, and similar "reform" measures or "incrementalism". 06:55 – Adam defends. Let the "debate" begin! 15:33 – Adam scores a point! 17:13 – And another! And possibly another (depending on... math)! 22:15 – Adam swings hard. Is it a home run? 24:26 – Adam makes a prediction about markets and innovations under school choice. 26:10 -- Stephan makes some strong and principled objections. 28:52 -- Adam scores another point! Plus, the biggest moment in the entire episode. 33:36 -- A very important legislative clause to watch like a hawk. Also, is it worth the risk? 35:18 -- Say it was up to you as the deciding vote. Which way do you cast it? 38:36 -- Hey, Corey! Plus, Stephan gives Adam a much better birthday present! 39:57 -- Outro. Subscribe Stephan Kinsella's website: Haman Nature article mentioned: Stephan's Soho Forum debate with Corey DeAngelis on School Choice: Adam's other show: Natural Order Podcast…
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Kinsella On Liberty
1 KOL431 | The Rational Egoist: Exploring Hoppe’s Argumentation Ethics 1:09:43
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 431. My appearance on The Rational Egoist: Exploring Hoppe's Argumentation Ethics with Stephan Kinsella. (Spotify) https://youtu.be/hgPJCebYj-I?si=hPN2vGmj_dbkdtk4 From his shownotes: In a stimulating episode of The Rational Egoist, host Michael Liebowitz engages in a thought-provoking discussion and debate with Stephan Kinsella, a prominent libertarian writer and patent attorney, on Hoppe's Argumentation Ethics. Drawing on their deep knowledge of libertarian legal theory and philosophical principles, Michael and Stephan delve into the nuances of Hoppe's argument and its implications for understanding individual rights and property norms. Hoppe's Argumentation Ethics serves as the focal point of this conversation, as Michael and Stephan critically examine its premises, logic, and implications. With rigorous analysis and intellectual rigor, they explore the foundational principles underlying argumentation ethics and assess its strengths and weaknesses as a framework for understanding natural rights and ethical norms. Listeners will be treated to a dynamic exchange of ideas and perspectives, as Michael and Stephan engage in a spirited debate on key aspects of argumentation ethics, including its reliance on self-ownership, the universality of ethical principles, and its compatibility with other libertarian theories of property and justice. Through reasoned discourse and respectful disagreement, they offer listeners a comprehensive overview of the complexities involved in grappling with foundational questions of ethics and rights. This episode is not just an intellectual exercise but also a testament to the vitality of philosophical inquiry and the importance of engaging in robust dialogue to deepen our understanding of fundamental concepts. Whether you're a seasoned libertarian thinker, a student of philosophy, or someone curious about the intersection of ethics and political theory, this episode offers a captivating exploration of Hoppe's Argumentation Ethics and its implications for our understanding of individual freedom and moral principles. Tune in to The Rational Egoist for an enlightening conversation with Stephan Kinsella, as we delve into the intricacies of Hoppe's Argumentation Ethics and its relevance for contemporary debates on rights, justice, and human flourishing. Whether you find yourself nodding in agreement or raising questions of your own, this episode promises to ignite your curiosity and inspire deeper reflection on the principles that underpin a free and just society.…
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Kinsella On Liberty
1 KOL429 | Argumentation Ethics, Milei, Bitcoin with Bruno Pires of Brazil 1:41:18
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 429. A facebook friend from Brazil, Bruno Pires, corresponded with me about some various issues and we decided to discuss it for a podcast episode. We discuss a variety of issues. See his promoted VPN sponsor Aria VPN. https://youtu.be/a8YdkT2_Tec
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Kinsella On Liberty
1 KOL428 | Bob Murphy Show ep. 316: Rothbard’s Contributions to Legal Theory 1:28:06
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 428. I was a guest on Episode 316 of The Bob Murphy Show, entitled “Stephan Kinsella on Rothbard’s Contributions to Legal Theory." Bob's shownotes: "Stephan joins Bob to discuss his new book, Legal Foundations of a Free Society. They cover Rothbard’s contributions to legal theory, as well as Bob and Stephan’s differing entry points into libertarianism." https://youtu.be/iWx8DKMwk30?si=54KjWm_BndPX4a_e…
Kinsella on Liberty Podcast: Episode 427. Yesterday (April 10, 2024) I participated in Strings Attached: Tracing the Global Systems that Bind, 62nd Annual International Affairs Symposium, Lewis & Clark College, Portland Oregon, Debate 5: Pirates and Patents. Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? My opponent was Pieter Cleppe. My notes are appended below. https://youtu.be/f_cpqc-oHd0 We got along well and had a nice dinner after the debate. (Unofficial iphone Audio (mp3)) Strings Attached: Tracing the Global Systems that Bind. 62nd Annual International Affairs Symposium Debate 5: Pirates and Patents. Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? Lewis & Clark College, Portland Oregon April 10, 2024 Stephan Kinsella Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? “Patents, copyrights, trademarks, etc, are intangible legal protections that allow creators to monopolize the distribution of their ideas. The international system managing these rights is often praised for promoting and protecting innovation. However, it raises the costs of acquiring new technologies, life-saving medicines, and access to knowledge for developing states. How should international intellectual property standards balance these competing interests?” Introduction I am a practicing patent and intellectual property, or IP, attorney for 30 years and a libertarian for even longer than that. At the dawn of my career, after many years of research and thought, I came to the conclusion that all forms of IP law are completely unjust. This perspective will inform my remarks today. Notice my opponent’s remarks were not systematic and did not carefully define the relevant terms. In fact his arguments rested on two false assumptions: that patent and copyright increase innovation, and that IP law is therefore justified. Imperialism and IP What is imperialism? Imperialism: “a policy of extending a country’s power and influence through diplomacy or military force.” “Imperialism is when a country extends its power into other territories for economic or political gain.” Now, IP law is prevalent in the west: patent, copyright, trademark, and other forms. There can be little doubt that the west, especially the United States, has used its influence and power to push or even coerce other countries to adopt US-style IP law, primarily patent and copyright This is done sometimes by direct imposition or, more usually, by softer forms of coercion such as investment and free trade agreements or other international treaties Direct imposition/coercion: for example the US expanded Iraqi patent law by decree in 2004, by order of Paul Bremer, the “Administrator” of the “Coalition Provisional Authority” German constitution, or “Basic Law,” 1949, under US domination: Article 96 authorizes the establishment by federal law of the Federal Patent Court Example below: under pressures from the west, the Thai government specifically undertook not to implement Article 8 (on compulsory licensing) for HIV/AIDS treatment Treaties: The Berne Convention already requires member states to have a minimum copyright term of life of the author plus 50 years; the US has added 20 years to this(life plus 70) Treaties such as the Paris Convention and Patent Cooperation Treaty require member states to maintain certain minimum patent protections The US uses its dominant position to force other countries or regions to adopt US-style IP policies via “free trade” agreements and others like Bilateral Investment Treaties (BITs) 2500 BITs in the world today, many US-sponsored…
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Kinsella On Liberty
1 KOL426 | Discussing Immigration and Homesteading Donuts with Matthew Sands of Nations of Sanity 2:00:25
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast, Episode 426. Matthew Sands of the Nations of Sanity project, which aims to promote the Non-Aggression Principle as a universal peace agreement, and I discussed various issues including: immigration and open borders, and so on. (See previous episode with Matthew, KOL372 | Discussing Contract Theory, Restitution, Punishment, with Matthew Sands of Nations of Sanity and KOL362 | California Gold #6, with Matt Sands: Defining Libertarianism, Anarchism and Voluntaryism.) https://youtu.be/zXKxc8QxqKo Related links: Switzerland, Immigration, Hoppe, Raico, Callahan A Simple Libertarian Argument Against Unrestricted Immigration and Open Borders, LewRockwell.com, September 1, 2005 Van Dun on Freedom versus Property and Hostile Encirclement Libertarian Answer Man: Homesteading Donuts, Hostile Encirclement, and Prostitution as Selling One’s Body…
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Kinsella On Liberty
1 KOL425 | Haman Nature Ep. 4: Stephan Kinsella dismantles “intellectual” property 27:32
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 425. From Adam Haman's show Haman Nature, Ep. 4. Released Feb. 15, 2024. From Adam's shownotes: Adam gets all intellectual and stuff with Stephan Kinsella. Part two of this interview explains why the concept of "intellectual" property is illegitimate and impedes humanity's progress. [Previous episode: KOL423 | Haman Nature Ep. 1: Getting Argumentative.] https://www.youtube.com/watch?v=0vpTQHLw_kc Update: See the response/commentary video: https://youtu.be/k23t_8cUSmA?si=ImRcLsE7YB-dKWBj 00:00 – Intro 01:15 – Introducing two amazing books: Stephan's Against Intellectual Property and Against Intellectual Monopoly by Boldrin and Levine. Then Stephan touches on many aspects of the philosophical and consequential aspects of intellectual property laws. The dude goes all over the place! There's no stopping him! He knows so much! 26:38 -- Outro…
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Kinsella On Liberty
1 KOL424 | Legal Foundations of a Free Society, “What is Money” with Robert Breedlove 1:20:59
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 424. This is my appearance on Robert Breedlove’s What Is Money podcast (WiM430; Youtube channel; recorded Feb. 2, 2024; released Feb. 15, 2024). This one is independent of the “Stephan Kinsella Series” as it is about my own new book, instead of focusing on Hoppe's work. Episode Summary: Stephan Kinsella joins me to discuss his book, Legal Foundations of a Free Society. We talk about the concept of self-ownership, the classification of rights, the significance of contracts, and the state monopoly. // OUTLINE // 00:00:00 - Coming up 00:00:21 - Intro 00:01:54 - Helping Lightning Startups with In Wolf's Clothing 00:02:41 - Introducing Stephan Kinsella 00:03:39 - The Concept of Self-Ownership 00:07:45 - Classification of Rights 00:10:25 - Defining Liberty 00:13:18 - The Non-Aggression Axiom 00:16:23 - Understanding the Nuances of Intellectual Property Rights 00:22:14 - The Right to Exclude 00:26:00 - The Rules of Ownership 00:30:21 - Finding Objective Link to Prevent Conflict 00:33:22 - The Right to Self-Ownership 00:38:50 - Transformation of Libertinism 00:42:05 - Run Your Business from Anywhere with NetSuite 00:43:10 - Secure Your Bitcoin Stash with the iCoin Hardware Wallet 00:44:20 - The Right to Self-Defense 00:47:00 - Self-Ownership and Slavery 00:49:29 - Violation of Contracts 00:54:47 - Contract: Independent Title Transfer 00:56:51 - Terms of the Contract 01:02:11 - Loan and Repayment 01:06:00 - Enhance Your Brain Power with Mind Lab Pro 01:07:06 - Take Control of Your Healthcare with CrowdHealth 01:08:13 - Purpose of Political System 01:15:01 - The State Monopoly 01:20:30 - Where to Find Stephan on the Internet…
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Kinsella On Liberty
1 KOL423 | Haman Nature Ep. 2: Getting Argumentative 41:16
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 423. My appearance as the first guess on Adam Haman's new podcast and Youtube channel, Haman Nature (Haman Nature substack). As I noted in the initial discussion, this is the fourth or fifth podcast for which I was the first guest, the others being KOL374 | The Intellectual Contributions of Hans-Hermann Hoppe: The Great Fiction Podcast Ep. 1, KOL078 | Lions of Liberty Podcast Inaugural Episode: Intellectual Property, KOL244 | “YOUR WELCOME” with Michael Malice Ep. 001: Intellectual Property, Prostate Cancer, and KOL347 | This Time I’m Curious Ep. 1: The Libertarian Movement, AI Rights, UFOs, Music, Movies, Alcohol. Shownotes: Adam and Stephen discuss argumentation ethics which of course means they also talk about museums. Part 1 of a 2 episode interview. https://youtu.be/00MQjVoHgYI?si=yGoO7GfLW1EFx2X6 Time marks: 00:00 – Intro 2:50 – Remembering PorcFest 2023 and fun with the creature from Bretton Woods. 5:52 – Introducing Stephan's new book: Legal Foundations of a Free Society. 7:00 – Libertarianism in America, then and now. 9:35 – With the change in the way we consume information, is intellectualism dead? 13:58 – The origins of this book: activism vs. preaching to the remnant. The value of engaging these ideas deeply to maximize credibility and effectiveness. 18:40 – From Marx to Rothbard: People who care about ideas are reachable and teachable. 20:17 – Exploring argumentation ethics. To understand liberty, we must understand property. 29:13 – Oh crap! Does Elon Musk own us? 29:31 – Back to argumentation ethics. Is v. ought. Natural order arguments. 35:31 -- A very brief discussion of Michael Huemer and intuitionism. 37:23 -- Five blind men describing an elephant - all roads lead to liberty. 40:30 -- Outro Part 2: KOL425 | Haman Nature: Stephan Kinsella dismantles “intellectual” property Reaction video (Haman Nature Ep. 6): https://youtu.be/k23t_8cUSmA?si=alkIp3G0jolbLp4f Pix of Adam, me and others at Bretton Woods at PorcFest 2023...…
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Kinsella On Liberty
1 KOL422 | “What Libertarianism Is” (Audio on ManPatria) 22:14
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 422. A new podcast by Dumo Denga, ManPatria, has just released an audio narration of my article "What Libertarianism Is" for its first episode, entitled "What is Libertarianism." This narration appears to be based on the original article, not the updated version that appears as chap. 2 of Legal Foundations of a Free Society. There is also a previous narration of this article by Graham Wright (KOL005).…
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Kinsella On Liberty
1 KOL421 | The Local Maximum with Max Sklar: Ep. 297 – The Fallacy of Intellectual Property 51:48
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Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 421. This is my appearance on Episode 297 of The Local Maximum with host Max Sklar. Recorded Sep. 13, 2023, published Sep. 27, 2023. From their shownotes: Max talks to Stephan Kinsella, a libertarian intellectual property lawyer who ardently challenges the very foundations of IP. Kinsella delves deep into the core arguments underpinning intellectual property and the inherent fallacies. They also discuss the impact of generative AI on the copyright landscape. Transcript below. Transcript Max Sklar: You're listening to the Local Maximum episode 297. Narration: Time to expand your perspective. Welcome to the Local Maximum. Now here's your host, Max Sklar. Max: Welcome everyone, welcome, you have reached another Local Maximum. We are going to get a really interesting perspective on intellectual property today from Stephan Kinsella. He is an intellectual property lawyer who is actually against the whole concept of intellectual property that includes patents, copyright, the whole thing. Now, for those of us on the outside, there's still a lot that we need to learn about IP, like, what are all these different concepts? Why are they considered necessary by the mainstream? So we go back to basics a little bit, go over what patent and copyright is and why you still need to use it and think about it even if you don't agree with it. And then we're going to take a turn into the issues of the day with generative AI models and how copyright law may end up getting applied to these processes, by the authorities, by the powers that be and the harm that this could possibly do. All right. My next guest is a libertarian writer and registered patent attorney in Houston. He has spoken, lectured and published widely on various areas of libertarian legal theory and on legal topics, such as intellectual property law and international law. Stephan Kinsella, you've reached the Local Maximum, welcome to the show. Stephan Kinsella: Thank you, glad to be here. Max: Yeah, really glad to have you and your work on intellectual property and copyright. First of all, that's a topic that, you know, not everyone can make it interesting for me, whenever I listen to your stuff on it, I always I always find it's more interesting. So I appreciate that. And I agree with you on a lot of things. So that's it. I just appreciate the way you present it. You've been opposed to IP for quite a while. When did you come to this kind of full? Well, what is your full position? I think it's like, you know, no patent, no copyright? Is this your full position? And when did you come to this position? Was it before after going into IP law? Stephan: About the same time I was a, I was a libertarian and college and in law school, but I was always unsatisfied with the arguments for IP that I had heard by Ayn Rand and others, I assumed it was a legitimate type of property right because it was in the Constitution, and it's part of so-called capitalism, and everyone was in favor of it. But their arguments didn't make sense to me, because, you know, most of the arguments were either well, they're either utilitarian or incentive based, or they're kind of a deontological, or principle based, like have a natural rights argument. And the natural rights argument just makes no sense because the patent and copyright expire after a certain number of years, which, which is not how other property rights work. So it seems to me like if you're trying to do a natural rights argument, which Ayn Rand did, and then you say, but that copyright should expire in 100 years, and patent should expire in 17 years. It's weird that you just have this arbitrary number, which, of course, the government would have to make up and they have no basis for it. And if you do a utilitarian argument, then I just don't think that you never hear any evidence, you just hear anecdotes and the same old arguments, so I was dissatisfied with it.…
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Kinsella On Liberty
Kinsella on Liberty Podcast: Episode 420. From the recently-concluded Seventeenth Annual (2023) Meeting of the PFS, Bodrum, Turkey (Sep. 24, 2023). The slide presentation is streamed below (ppt). Video is also below. Also podcast as Property and Freedom Podcast PFP265; see also the panel discussion later in the day (video below). Kinsella talk: https://youtu.be/QEmRgapffNQ Panel discussion: https://youtu.be/aEryCGV2oWU Slides: Notes from the slides: Stephan Kinsella C4SIF.org • StephanKinsella.com @nskinsella Property and Freedom Society 2023 Annual Meeting Bodrum, Turkey September 24, 2023 Overview ► Spoken about intellectual property (IP) before here (in 2010 and 2015), but today I’d like to talk about how I came to my current views § And how figuring this out required coming to a deeper understanding and more clarity about the foundation and nature of rights, and property rights, in general ► I came to the conclusion years ago that all IP law—patent, copyright, trademark, trade secret, and others—are completely illegitimate and should all be abolished ► I started publishing articles on various aspects of libertarian theory in the early 1990s—rights and punishment theory, inalienability, legislation, and so on Against IP ► In 2001 I published “Against Intellectual Property” in the Journal of Libertarian Studies. § Original title: “The Legitimacy of Intellectual Property” § Hoppe suggested I change it, just like he suggested the title of today’s talk ► The article was controversial and influential, so I became well known in libertarian circles as being “the IP guy” § Even though it’s not my only area of research § E.g., Legal Foundations of a Free Society (2023) [LFFS] IP Man How I got here ► Libertarian since high school, initially influenced by Ayn Rand ► Never satisfied with her case for patent and copyright ► Initially practiced oil and gas law (1992) but decided to switch to patent law (1994) ► Around the same time I was learning patent and IP law as a lawyer, I tried to come up with a better argument for IP ► Finally I came to my current IP beliefs § I was trying to justify the unjustifiable ► Heavily influenced by the work of Hoppe (on scarcity and property), and Tom Palmer & Wendy McElroy (on IP) § Hoppe was instinctively against IP from the beginning ► Because I understood IP law very well, I put together what I had learned and published “Against Intellectual Property,” and many articles since How I got here ► I kept encountering different objections to my basic argument, so developed further arguments to explain their errors ► Summarized in “Against Intellectual Property After Twenty Years: Looking Back and Looking Forward,” in LFFS ► Sorting out the basic case against IP and responding to various objections required rethinking and clarifying other aspects of libertarian theory, namely the nature and purpose of property rights, contract theory, and so on ► Figuring out IP and finding ways to explain it to others improved my understanding of other areas of libertarian theory ► I’ve lost track of how many people have written me or told me that my IP work opened their eyes. That’s gratifying for a writer. § See “My IP Odyssey” Absurd Arguments for IP ► “Thank goodness the Swiss did have a Patent Office. That is where Albert Einstein worked and during his time as a patent examiner came up with his theory of relativity.” —Patent attorney Gene Quinn ► “It is true that other means exist for creative people to profit from their effort. In the case of copyright, authors can charge fees for reading their works to paying audiences. Charles Dickens did this, but his heavy schedule of public performances in the United States, where his works were not protected by copyright, arguably contributed to his untimely death.…
Kinsella on Liberty Podcast: Episode 419. This is my Soho Forum debate held Aug. 21, 2023, in Manhattan, against Corey DeAngelis, of the American Federation for Children, moderated by Gene Epstein. I defended the resolution "Today’s school-choice movement in the U.S. is worthy of support by libertarians…" (taking the negative). Oxford debate rules applied which meant that whoever changed the most minds won. My side went from about 10 to 23 percentage points, gaining about 13; Corey went from about 45 to 64%, gaining about 19, so he won. I was pleased that we had an informative and civil debate about an important issue. (This is my second Soho debate; the first was KOL364 | Soho Forum Debate vs. Richard Epstein: Patent and Copyright Law Should Be Abolished.) My discussion notes are appended below. See also Reason.com article with video; Reason.com article with podcast. Results Today's school-choice movement in the U.S. is worthy of support by libertarians. Pre Post Change Yes 44.90% 64.29% 19.39% No 10.20% 23.47% 13.27% Undecided 44.90% 12.24% -32.65% https://www.youtube.com/live/xZF-lT_1pag?si=nJVtVVz6FKsQ4wjv Update: "Gotta say [Kinsella] is right on this, I have done a 180 on this issue. After seeing how "school choice" has been implemented in Alabama, ... I see now it is exactly what SK has been saying. The program explicitly discriminates against the most productive taxpayers and just opens the door of my kid's expensive private school to the lower class dregs." I debated @DeAngelisCorey a couple years ago. I still oppose the optimize-educational-welfare movement, cleverly self-named "school choice", though it does seem to piss off the right people, for the most part. https://t.co/4D776Y96SMThere was some talk of us redoing this in…— Stephan Kinsella (@NSKinsella) April 25, 2025 Related: Comments on the Youtube livestream Various comments on twitter: here, here, here, here. Rose City Catholics Fight for LGBTQ Rights—and Start a War With Portland’s Archbishop (July 5, 2023) Educational Scholarship Accounts Lew Rockwell, Education and the Election William Anderson, The Trouble with Vouchers Jacob Hornberger, “School Vouchers Are Anti-Libertarian,” Hornberger’s Blog (Future of Freedom Foundation) (July 5, 2022) ———, “More on Anti-Libertarian School Vouchers,” Hornberger’s Blog (Future of Freedom Foundation) (July 6, 2022) Bob Murphy Show ep 105: Corey DeAngelis Makes the Case for School Choice Jacob Hornberger Makes the Case AGAINST School Vouchers (with Bob Murphy — Bob Murphy show ep. 248) Tom Woods Show: Ep. 2325 Corey DeAngelis and Connor Boyack: The State’s Schools Are Beyond Repair Tom Woods Show: Ep. 2211 Corey DeAngelis on the School Choice Movement KOL112 | Jack Criss Interview on the Voucher System (1989) Kinsella, “Negates freedom of choice,” Letter to the Editor, The Morning Advocate (Dec. 21, 1988), and related correspondence related to the voucher system and school choice, 1988–89 (Note: Written in a more Randian “Objectivist” phase, and before I came to oppose voucher systems.) DISCUSSION NOTES Resolved: Today’s school-choice movement in the U.S. is worthy of support by libertarians A Soho Forum Debate Corey DeAngelis vs. Stephan Kinsella Aug 21, 2023 The Sheen Center, 18 Bleecker Street, New York, NY 10012 MAIN PRESENTATION – NOTES [15 MIN] So there are many ways to explain why intellectual property is illegitimate Oh wait, that’s the wrong debate Resolved: Today’s school-choice movement in the U.S. is worthy of support by libertarians. To answer this question, we need to understand what libertarians should support, and what “Today’s school-choice movement” is Libertarianism is a political philosophy that believes in individual righ...…
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Kinsella On Liberty
1 KOL418 | Corporations, Limited Liability, and the Title Transfer Theory of Contract, with Jeff Barr: Part II 53:18
53:18 Play Later Play Later Lists Like Liked53:18
Play Later Play Later Lists Like LikedKinsella on Liberty Podcast: Episode 418. This is a followup to KOL414 | Corporations, Limited Liability, and the Title Transfer Theory of Contract, with Jeff Barr: Part I. See that episode for more information and notes. In Part III, we need to talk about corporations. For more on that, see Corporate Personhood, Limited Liability, and Double Taxation. https://youtu.be/5-Zvt59UlSk For more discussion of the comments below, see Libertarian Answer Man: Future and Conditional Title Transfers Under the Title-Transfer Theory of Contract.…
Kinsella on Liberty Podcast: Episode 417. Part 3 of my video commentary on Larken Rose's recent comments on IP. For more information, see the description and links at KOL415: Commentary on Larken Rose, “IP: The Wrong Question”: Part 1. https://youtu.be/Q6dVF-DP-mY
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