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June 18, 2020
Kinsella on Liberty Podcast, Episode 291. This is my interview by (really: discussion with) my old friend and underappreciated stalwart libertarian thinker and writer Timo Virkkala. This is one of the early episodes of his new podcast, LocoFoco, and were were apparently going to talk about legal positivism and perhaps argumentation ethics, but we got detoured onto tangents for almost two hours, about a variety of issues--covid, riding dirt bikes, and so on. Good guy. Very smart. Underappreciated. Check out his new podcast, LocoFoco. https://soundcloud.com/locofoco-net/not-talking-about-legal-positivism-with-stephan-kinsella Update: the raw feed was a video skype, which Timo edited for his podcast. The raw video is posted below, in which you can briefly see my new poodle puppy Bella Kinsella:
June 12, 2020
Kinsella on Liberty Podcast, Episode 290. This my appearance on the Liberty412 podcast, with host Mike Cuneo. We discussed a variety of topics, from the philosophy of property rights and the problem with IP, to coronavirus, racism, the prospects of liberty and anarchy, activism, and the like. We also detour into other issues like the Fermi Paradox and theories about the Industrial Revolution.
June 1, 2020
Kinsella on Liberty Podcast, Episode 289. This is my appearance on the Scottish Liberty Podcast, with hosts Antony Sammeroff and Tom Laird. We discussed IP and related matters, including Sammeroff's recent debate on the topic of IP with pro-IP Randian law professor Adam Mossoff. See various links, embeds, notes below. Youtube of the current discussion: Antony's previous debate with Mossoff: In his remarks, Mossoff mentioned this paper by Stephen Haber as supporting the empirical case for patents (funny, I thought the Objectivists had principles): Stephen Haber, "Patents and the Wealth of Nations," 23 Geo. Mason L.Rev. 811 (2016). I have read through it as much as I can stand and provide my critical commentary here:  “The Overwhelming Empirical Case Against Patent and Copyright”--see in particular note 3 and accompanying text.
May 18, 2020
Kinsella on Liberty Podcast, Episode 288. Installment #2 in my impromptu Zoom session with whoever wanted to join. Got a bit more hang of how to record everyone in gallery mode, and so on. As last time, just a few of us talking random libertarian topics. Next time will give more advance notice and maybe have a slightly bigger audience.
May 16, 2020
Kinsella on Liberty Podcast, Episode 287. I decided to try an impromptu Zoom session with whoever wanted to join, in part to test Zoom and my tech skillz. Just a few of us talking random libertarian topics. No big whoop. May make this a more regular thing once I get the hang of it.
April 11, 2020
Kinsella on Liberty Podcast, Episode 286. This is my umpteenth appearance on The Tom Woods Show, "Ep. 1629 Kinsella on the Coronavirus, His Road to Libertarianism, and the Good and Bad in Ayn Rand". From Tom's show notes: Libertarian legal theorist Stephan Kinsella and I discuss his road to libertarianism (of the Rothbardian kind), where he thinks we need more work, the rights and wrongs of Ayn Rand, and more. And yes, some discussion of the virus…. Related links: How I Became A Libertarian The Superiority of the Roman Law: Scarcity, Property, Locke and Libertarianism The Greatest Libertarian Books Hans-Hermann Hoppe on Anarcho-Capitalism Kinsella et al., International Investment, Political Risk, and Dispute Resolution (Oxford, 2020) KOL197 | Tom Woods Show: The Central Rothbard Contribution I Overlooked, and Why It Matters (contract theory) The Genesis of Estoppel: My Libertarian Rights Theory New Publisher, Co-Editor for my Legal Treatise, and how I got started with legal publishing.  
March 19, 2020
Kinsella on Liberty Podcast, Episode 285. I appeared today on the Disenthrall.me Youtube channel, host Patrick Smith, to discuss libertarian contract theory (Contracts with Stephan Kinsella). We talked about the standard legal view of contracts, the Rothbard-Evers title theory of contract, applications such as bitcoin "smart contracts" and intellectual property, the idea of breach of contract, liquidated damages clauses, and so on.  (I was previously a guest -- KOL264 | Disenthrall: Stephan Kinsella on Tim Pool Subverse and Trademark.) From Disenthrall's shownotes: "In response to a viewer request we bring you a deep dive into Libertarian contract theory. What are contracts? Why are contracts? What are NOT contracts?" Patrick is apparently taking over Anarchast, on which I've been a guest in the past, so we may be doing an episode on that channel soon. Related links: Kinsella, A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 Kinsella, Reply to Van Dun: Non-Aggression and Title Transfer, Journal of Libertarian Studies, Volume 18, no. 2 (Spring 2004) Kinsella, Justice and Property Rights: Rothbard on Scarcity, Property, Contracts…, Libertarian Standard (Nov. 19, 2010) Rothbard, Property Rights and the Theory of Contracts Evers, Toward a Reformulation of the Law of Contracts KOL225 | Reflections on the Theory of Contract (PFS 2017) KOL146 | Interview of Williamson Evers on the Title-Transfer Theory of Contract KOL020 | “Libertarian Legal Theory: Property, Conflict, and Society: Lecture 3: Applications I: Legal Systems, Contract, Fraud” (Mises Academy, 2011)
March 5, 2020
Kinsella on Liberty Podcast, Episode 284. This is my discussion about patent and IP policy with a fellow patent attorney, Russ Krajec, who produces the "Patent Myth Podcast". I tried to persuade him patents are evil, or at least, understand why he doesn't agree. Related resources: KOL209 | Trying to Persuade a Patent Lawyer that IP Law is Evil KOL 051 | Discussion with a Fellow Patent Attorney Are anti-IP patent attorneys hypocrites? (April 22, 2011) Is It So Crazy For A Patent Attorney To Think Patents Harm Innovation? (Oct. 1, 2009) Patent Lawyers Who Don’t Toe the Line Should Be Punished! (Sep. 29, 2009) The Most Libertarian Patent Work (July 14, 2009) An Anti-Patent Patent Attorney? Oh my Gawd (July 12, 2009) Patent Lawyers Who Oppose Patent Law Pro-IP “Anarchists” and anti-IP Patent Attorneys
February 26, 2020
Kinsella on Liberty Podcast, Episode 283. This was my Webinar presentation at the Freedom Hub Working Group, Has Intellectual Property Become Corporate Welfare? (Wed., Feb. 19, 2020), organized by Jeff Kanter and Charles Frohman. From their shownotes: "Despite two decades of IP law practice for Big Oil and other clients, Stephan Kinsella earlier had been exposed to the great Murry Rothbard (en.wikipedia.org/wiki/Murray_Rothbard) and wasn’t convinced the ancient property rights philosophy had room for intangible ideas - that maybe, he was in the middle of a gross example of corporate welfare that was killing entrepreneurship. Founder and Director of the Center for the Study of Innovative Freedom, former adjunct professor at South Texas College of Law, and author of “Against Intellectual Property” and “Law in a Libertarian World: Legal Foundations of a Free Society”, Stephan will present “Property Rights versus Intellectual Property”, and apply that lesson to how crony corporations abuse IP to squash competition and suppress innovation - with Big Pharma and the China “IP theft” as examples." The youtube and slides are streamed below. For related material, see my recent episode KOL282 | No, China Is Not “Stealing Our I.P.”
February 20, 2020
Kinsella on Liberty Podcast, Episode 282. From Free Man Beyond the Wall, Ep. 379, with host Pete Quinones: Episode 379: No, China Is Not 'Stealing Our I.P.' w/ Stephan Kinsella Feb 19, 2020 66 Minutes Suitable for All Ages Pete invited Stephan Kinsella to return to the show. Stephan is an American intellectual property/patent attorney, author, and anarcho-capitalist. Pete asked Stephan to come on and share his opinion that China is in fact, NOT "stealing our I.P." Stephan gives a primer as to why intellectual property laws are immoral and devious and explains in detail the issue with I.P. and China. Stephan's Anti-IP Books and Articles Stephan's Articles and Speeches The Case Against I.P. 0 A Concise Guide How I.P. Hampers the Free Market The I.P. Commission USTPO and Commerce Dept. Distortions: I.P. Contributes 5 Trillion and 40 Million Jobs to the Economy The Mountain of I.P. Legislation Susan Houseman on Manufacturing - EconTalk Independent Institute on the "Benefits of Intellectual Property Link to Richard Grove's Autonomy Course TakeHumanAction.com Donate at the Libertarian Institute Pete's Link to Sign Up for the LP Lions of Liberty Podcast Pete's Patreon Pete's Books on Amazon Pete's Books Available for Crypto Pete on Facebook Pete on Twitter Below are some comments related to this topic which I sent a friend who had some questions about this issue: *** Here are my thoughts on this matter. I've been thinking about, discussing, and wrestling with these issues for many months now. I have yet to read or speak to anyone who satisfies me that they have "the whole picture" so I have been forced to work without net, mostly. First. Let's understand the basic background of American IP law--mostly, patent and copyright, but sometimes also less impactful variants such as trademark and trade secret (I would count defamation law too, but most legal scholars don't seem to see the connection). Copyright is rooted in censorship, and today is entrenched primarily in industries that think they rely on it--namely, the music and movie industry. Software is now also covered by copyright but oddly many software systems intentionally opt out of copyright through the use of various licenses. In any case, the publishing, music, and movie industry, the latter two largely based in the US, are huge lobbying forces to maintain or expand US copyright law--both domestically (such as with continual lobbying "by Disney" to keep expanding the term of US copyright, to keep Mickey Mouse from becoming public domain, such as with the Sonny Bono copyright term extension at in the 90s --to the point where copyright, originally 14 years [the term of two consecutive apprenticeships] is now life of the author plus 70 years--usually well over a century. And, they also push for the US to use its hegemony to force other companies to ratchet up their IP law to match US terms etc. Case in point: the US told Canada it couldn't participate in the TPP negotiations unless it increased its copyright terms, and Canada did so, by 20 years (in selected cases). Just for the privilege of negotiating in the TPP--which Trump nixed... Similar things have happened with patent, which originated as crown-granted protectionism. Now many industries lobby to keep patent law alive too. Most of this lobbying pressure comes from US industries or western industries, such as hollywood and music and publishing houses in the case of copyright,
February 4, 2020
Kinsella on Liberty Podcast, Episode 281. This is my appearance on the Death to Tyrants Podcast, Episode 90: Against Intellectual Property, with Stephan Kinsella (Facebook post), released Feb. 3, 2020, with host Buck Johnson. (I was previously a guest back in 2018--see KOL252 | Death to Tyrants Podcast: Human Rights, Property Rights and Copyright.) From the Shownotes: This week, I feature my interview with Stephan Kinsella, the foremost expert on the topic of "intellectual property". Can you own an idea? How about a word? A pattern of words? How about a color? Stephan Kinsella is here to explain why intellectual property is illegitimate. This episode will cause you to think seriously about the topic. Give it a listen. I think you'll enjoy it!
December 18, 2019
Kinsella on Liberty Podcast, Episode 280. This is my appearance on the Fallible Animals podcast, Episode 12: Property Rights, Argumentation Ethics, and Praxeology with Stephan Kinsella (Apple podcasts; Spotify version; Youtube version embedded below), with host Logan Chipkin.  From Logan's shownotes: "Joining me today is patent attorney and libertarian theorist Stephan Kinsella. Mr. Kinsella is the author of the book, Against Intellectual Property, and is the founder and director of the Center for the Study of Innovative Freedom. He is also the founder and editor of Libertarians Papers, and he’s a member of the Editorial Board of Reason Papers. We cover a wide range of specific topics, from property rights, argumentation ethics, whether or not praxeology is falsifiable, common arguments against the existence or morality of anarcho-capitalism, and potential connections between praxeology, free will, and constructor theory. Stephan Kinsella's website - http://www.stephankinsella.com Stephan Kinsella's Twitter - https://twitter.com/NSKinsella Mises: Keep It Interesting - https://mises.org/wire/mises-keep-it-interesting A Libertarian Theory of Contract: Title Transfer, Binding Promises, Inalienability - https://mises.org/library/libertarian-theory-contract-title-transfer-binding-promises-inalienability-0 How We Come to Own Ourselves - https://mises.org/library/how-we-come-own-ourselves Against Intellectual Property - https://mises.org/library/against-intellectual-property-0 Twitter - https://twitter.com/ChipkinLogan Website - www.loganchipkin.com Patreon - https://www.patreon.com/Fallibleanimals " See also Barry Smith, "In Defense of Extreme (Fallibilistic) Apriorism" (1996).
December 12, 2019
Kinsella on Liberty Podcast, Episode 279. I was interviewed a few weeks ago by a college student, Greta, who is working on an honor’s thesis covering libertarian thought in America. I am always happy to talk to young people--high school students, college and grad students, and the like, but when I take the time to give them answers, I often try to publicize it so that it can potentially reach more than one person. Great has interviewed other libertarians, including Bob Murphy, who featured his interview recently on his own podcast (see Ep. 83 A College Student Interviews Bob About How Libertarians View the World). So this inspired me to put up our discussion here on my own feed. I will say that I'm not necessarily happy with how I answered the question near the end about racism and sexism in modern American culture. But it was off the cuff, and I did what I could.
November 25, 2019
Kinsella on Liberty Podcast, Episode 278. I was a guest on Episode 79 of The Bob Murphy Show, entitled "Stephan Kinsella and Bob Murphy Debate Hans Hoppe’s “Argumentation Ethics”. Back in June we discussed IP and related issues [KOL268 | Bob Murphy Show: Law Without the State, and the Illegitimacy of IP]. We had intended to discuss argumentation ethics but ran out of time. So we did it in this episode. I think it turned out very well. From Bob's show notes: By popular demand, Bob brings Stephan back on the podcast, this time to debate Hans Hoppe’s famous “argumentation ethics” case for libertarianism. Stephan defends Hoppe’s claim that any attempt to justify a NON-libertarian system would result in a performative contradiction, while Bob clarifies the argument and raises concerns about it. Mentioned in the Episode and Other Links of Interest: The YouTube video for this interview. Hans Hoppe’s talk on argumentation ethics at his Property & Freedom Society. The 1988 Liberty symposium on Hoppe’s argumentation ethics. Stephan Kinsella’s concise guide to Hoppe’s argument and its critics. Bob Murphy and Gene Callahan’s critique of argumentation ethics in the Journal of Libertarian Studies, and Stephan Kinsella’s response. Stephan’s earlier appearance on ep. 39 of the Bob Murphy Show, talking about private law and Intellectual Property. Help support the Bob Murphy Show. See also: “Dialogical Arguments for Libertarian Rights,” in The Dialectics of Liberty (Lexington Books, 2019) Hoppe’s Argumentation Ethics and Its Critics, StephanKinsella.com (Aug. 11, 2015) Lecture 3 of my 2011 Mises Academy course, “The Social Theory of Hoppe” (slides here) Lecture 2 of my 2011 Mises Academy course, “Libertarian Legal Theory: Property, Conflict, and Society” (slides here) The Genesis of Estoppel: My Libertarian Rights Theory, StephanKinsella.com (March 22, 2016) Defending Argumentation Ethics: Reply to Murphy & Callahan, Anti-state.com (Sept. 19, 2002) “Argumentation Ethics and Liberty: A Concise Guide,” Mises Daily (May 27, 2011)
November 17, 2019
Kinsella on Liberty Podcast, Episode 277. I participated in a debate sponsored by America's Future Foundation-Phoenix this past Thursday, Nov. 14, against local patent attorney Maria Crimi Speth. This is the audio from my iPhone. Probably inferior. I'll release better quality media if it becomes available later.
November 14, 2019
Kinsella on Liberty Podcast, Episode 276. This is my speech delivered for the Troesh Talk, part of the Business Colloquium course, at the Tom and Vi Zapara School of Business at La Sierra University Nov. 12, 2019. I was invited by Associate Dean Gary Chartier, who runs the Colloquium. The audience consisted mainly of business and grad students.
October 14, 2019
Kinsella on Liberty Podcast, Episode 275. This is my appearance in Episode 54 of the Did You Know Crypto Podcast, with host Dustin Dreifuerst. We talked about ownership of bitcoin and related issues.  As Dustin summarized in his show notes: Stephan and I talk about… Ownership, Control & Property as Legal concepts Why you cant actually “own” Bitcoin How Bitcoin is about secrets not property Ownership is a state augmentation Why this isn’t an attack on Bitcoin (I previously appeared on this podcast: KOL266 | Did You Know Crypto Podcast, Ep. 36: Bitcoin Patent Trolling.) For more information see this episode and related show notes: KOL274 | Nobody Owns Bitcoin (PFS 2019).
September 20, 2019
Kinsella on Liberty Podcast, Episode 274. This is the audio of my presentation to the 2019 Annual Meeting of the Property and Freedom Society on Sunday, Sept. 15, 2019. Powerpoint slides embedded below. Youtube and higher quality audio to follow. Related links/relevant material: Konrad Graf, Are Bitcoins Ownable?: Property Rights, IP Wrongs, and Legal-Theory Implications [PDF] Preston Byrne, What do you legally “own” with Bitcoin? A short introduction to krypto-property On the Danger of Metaphors in Scientific Discourse LeFevre on Intellectual Property and the “Ownership of Intangibles” The “If you own something, that implies that you can sell it; if you sell something, that implies you must own it first” Fallacies, “The Non-Aggression Principle as a Limit on Action, Not on Property Rights,” StephanKinsella.com Blog (Jan. 22, 2010) “IP and Aggression as Limits on Property Rights: How They Differ,” StephanKinsella.com Blog (Jan. 22, 2010) KOL085 | The History, Meaning, and Future of Legal Tender The Limits of Libertarianism?: A Dissenting View KOL249 | WCN’s Max Hillebrand: Intellectual Property and Who Owns Bitcoin Cordato and Kirzner on Intellectual Property Mises on property KOL246 | CryptoVoices: Bitcoin as Property, Digital Goods, Personal Liberty, and Intellectual Property See other links at KOL191 | The Economy with Albert Lu: Can You Own Bitcoin? (1/3) My facebook post discussing ownership of Bitcoin Tom Bell: Copyright Erodes Property? Bitcoin Is Officially a Commodity, According to U.S. Regulator Tax Plan May Hurt Bitcoin, WSJ Swiss Tax Authorities Confirm that Bitcoin is VAT-free in Switzerland Tokyo court says bitcoins are not ownable FinCEN Rules Commodity-Backed Token Services are Money Transmitters Bitcoin Is Officially a Commodity, According to U.S. Regulator; Miami Judge Rules Bitcoin Is Not Money; Dismisses Money Laundering, Transmitting Charges How to handle bitcoin gains on your taxes SEC: US Securities Laws ‘May Apply’ to Token Sales Federal Judge Rules Bitcoin Is Real Money
August 23, 2019
Kinsella on Liberty Podcast, Episode 273. This is my appearance as a guest on Episode 302: "Stephan Kinsella Explains Hoppe’s Argumentation Ethics", of the Free Man Beyond the Wall podcast, by host Pete Quinones (formerly known as "Mance Rayder"), hosted by The Libertarian Institute. From his shownotes: Many libertarian/anarchists have heard of the concept of Argumentation Ethics as developed by Hans-Hermann Hoppe but have never looked to see what it’s all about. Stephan Kinsella has studied AEs, applied it to his own work and even developed the thought process further. Here, he gives a lengthy explanation that can serve as your doorway into the subject. Stephan is an attorney in Houston, director of the Center for the Study of Innovative Freedom, and editor of Libertarian Papers. The A Priori of Argumentation Longer Hoppe Video  Stephan’s Website A Concise Guide to Argumentation Ethics Indiegogo for The Monopoly on Violence Pete’s Patreon Pete’s Bitbacker Pete’s Books on Amazon Pete’s Books Available for Crypto Pete on Facebook Pete on Twitter See also: “Dialogical Arguments for Libertarian Rights,” in The Dialectics of Liberty (Lexington Books, 2019) Hoppe’s Argumentation Ethics and Its Critics, StephanKinsella.com (Aug. 11, 2015) Lecture 3 of my 2011 Mises Academy course, “The Social Theory of Hoppe” (slides here) Lecture 2 of my 2011 Mises Academy course, “Libertarian Legal Theory: Property, Conflict, and Society” (slides here) The Genesis of Estoppel: My Libertarian Rights Theory, StephanKinsella.com (March 22, 2016) Defending Argumentation Ethics: Reply to Murphy & Callahan, Anti-state.com (Sept. 19, 2002) “Argumentation Ethics and Liberty: A Concise Guide,” Mises Daily (May 27, 2011)
August 21, 2019
Kinsella on Liberty Podcast, Episode 272. This is my appearance on the Ernie Hancock “Declare your Independence” show for Aug. 21 (Hour 2).  We discussed defamation law and reputation rights, and some related matters. Related links: Rothbard, Knowledge, True and False Block, Defending the Undefendable, ch. 7 "The Slanderer and Libeler" David Kelley vs. Nat Hentoff on Libel, Youtube Kinsella, Reply to Van Dun: Non-Aggression and Title Transfer, Journal of Libertarian Studies, Volume 18, no. 2 (Spring 2004)
June 28, 2019
Kinsella on Liberty Podcast, Episode 271. This is my appearance on Let's Talk ETC! #87 (June 24, 2019), with host Dr. Christian Seberino. From his shownotes: Stephan Kinsella is a Houston patent lawyer and libertarian advocate. He joins me for an informative discussion about libertarianism, anarcho-capitalism and related blockchain legal issues. Topics addressed include how blockchain technologies impact privacy, tax collection, copyrights, patents, obscenity laws and more.
June 25, 2019
Kinsella on Liberty Podcast, Episode 270. This is my second appearance on The Corbett Report (Ep. 1453, 25 June 2019), with host James Corbett (from Japan): Interview 1453 – Stephan Kinsella on Law Without the State Stephan Kinsella joins us today to discuss the concept of law without the state. Is law and order possible without a state? What would that look like? And just what is “the law,” anyway? Find out more in this fascinating conversation on law, history, philosophy and anarchy. Related: What It Means To Be an Anarcho-Capitalist, LewRockwell.com (Jan. 20, 2004) Fraud, Restitution, and Retaliation: The Libertarian Approach (Feb. 3, 2009) Hoppe, Anarcho-Capitalism: An annotated bibliography, LewRockwell.com, December 31, 2001 KOL144 | Corbett Report Radio (2012)
June 20, 2019
Kinsella on Liberty Podcast, Episode 269. My old friend Jack Criss, former libertarian AM radio talk show host from the 1980s and now a business journalist and publisher, throws his hat into the podcast ring. He interviewed me today. His episode page is here.
June 10, 2019
Kinsella on Liberty Podcast, Episode 268. I was a guest on Episode 39 of the excellent podcast The Bob Murphy Show, discussing "Law Without the State, and the Illegitimacy of IP (Intellectual Property)". A few people have told me this particular discussion of IP was one of my best--thorough and systematic. No doubt aided by Bob's excellent prompting, questions, and guidance. Bob and I had planned to also discuss argumentation ethics, but the discussion of IP ran longer than we expected so we'll save AE for next time. From Bob's show notes: Bob talks with Stephan Kinsella about the basis of libertarian law, and how we could have justice without a coercive State. They then discuss Stephan’s pathbreaking work making the case that property must be in tangible things, rendering “intellectual property” an incoherent and dangerous concept.
June 3, 2019
Kinsella on Liberty Podcast, Episode 267. I was a guest today on Sal Mayweather's "The Agora" podcast, ep. 48 (Soundcloud version below). From his shownotes: We discussed Craig's copyright application of the Bitcoin White Paper and whether they lend any credence to his claim of being Satoshi Nakamoto. Does a copyright application imply that CSW is actually Satoshi? Stephan also breaks down some of the torts Craig has filed against against various individuals who have said he isn't Satoshi and/or referred to him as a fraud. Can he use the courts to force individuals to recognize him as Satoshi? This is a great opportunity to learn the standard libertarian position on IP, the difference between a copyright and a patent & how it all applies to current crypto-community from the world's leading expert!
May 21, 2019
Kinsella on Liberty Podcast, Episode 266. This is my appearance in Episode 36 of the Did You Know Crypto Podcast, with host Dustin. We talked "about the possibility of using patents as an attack vector on Bitcoin." As Dustin summarized in his show notes: Stephan and I talk about… What is a Patent? Differences in EU/US & China Why is it so “hallowed” Open Source Software and patents What is a “Patent Troll” Craig Wright’s patents Can Bitcoin developers be sued? NOTES: Stephan on Twitter Stephan’s website History of Patents Paris Convention Patent cooperation treaty Current (2019) US /China Tarriff dispute Craig Wright v. Stephan Kinsella debate Tom Woods w/Stephan Kinsella – Ep 225 “Patents & Liberty” Tom Woods w/Stephan Kinsella – “Libertarianism & Intellectual Property” Article on Nchain Hiring Patent Lawyer
April 25, 2019
Kinsella on Liberty Podcast, Episode 265. This is my conversation with Jordan Head, who expressed some disagreement or confusion about my Against IP book on a Twitter thread; I offered to discuss with him, as I often do, and he took me up on it and consented to my recording it and posting it. His main hangup was my emphasis on "scarcity" and so he was thinking time was a scarce resource, so it's being "stolen" if others copy your products, etc. I think we made good progress. We briefly discussed a few unrelated issues, like Bitcoin maximalism. Related: KOL085 | The History, Meaning, and Future of Legal Tender, Jul. 25, 2017 And:
April 17, 2019
Kinsella on Liberty Podcast, Episode 264. I appeared today on the Disenthrall.me Youtube channel, host Patrick Smith, to discuss the trademark issues between Tim Pool and his company media Subverse, and StudioFOW which has a popular crowdsourced porn video game coming out also called Subverse. We touched a bit on bitcoin ownership, patent and copyright, defamation law, and trademark law, and related matters. Related links: Tim Pool talks Subverse, Studio FOW, and Trademarks StudioFOW "Subverse" Has Forced Me To Retain A Lawyer Over My Trademark Of The Same Name Subverse porn game kickstarter How to Improve Patent, Copyright, and Trademark Law Trademark versus Copyright and Patent, or: Is All IP Evil? The Patent, Copyright, Trademark, and Trade Secret Horror Files
April 14, 2019
Kinsella on Liberty Podcast, Episode 263. This is my short portion of the panel presentation "The Significance of Hans-Hermann Hoppe," from the 2019 Austrian Economics Research Conference (AERC), at the Mises Institute in Auburn, Alabama, on the occasion of Professor Hoppe's 70th birth year. The entire panel presentation, plus my notes, and a link to a longer talk on similar themes, are below. Related: KOL259 | “How To Think About Property”, New Hampshire Liberty Forum 2019   “Hoppe on Property Rights” Panel: The Significance of Hans-Hermann Hoppe Auburn, Alabama • Mises Institute March 23 2019 Stephan Kinsella Kinsella Law Practice, Libertarian Papers, C4SIF.org NOTES Came across Hoppe’s writing in law school, his 1988 Liberty article “The Ultimate Justification of the Private Property Ethic.” Eventually met Hans at a conference in 1994, where I also met David Gordon, Rothbard, Walter Block, Lew, and others Hans’s contributions in a large number of fields have influenced me and many others: argumentation ethics; various aspects of praxeological economics; method and epistemology; a critique of logical positivism; democracy; immigration; and various cultural analyses. Helped change my mind about a large number of particular matters, such as the US Constitution, natural rights, and so on Eventually led to Guido and I editing a Festschrift in 2009 Presented here 10 years ago Including a large number of contributors including all of the panelists here today I delivered a 6 week Mises Academy course in 2011 on “The Social Theory of Hoppe” I’m going to focus on his views on property rights, which has greatly influenced my own ideas A more in depth talk on this last month at New Hampshire Liberty Forum, “How to Think About Property Rights”, on my podcast feed Laid out very plainly and concisely in Chapters 1 and 2 of A Theory of Socialism and Capitalism (1989) Only 18 pages—bears re-reading and careful study “Next to the concept of action, property is the most basic category in the social sciences. As a matter of fact, all other concepts to be introduced in this chapter—aggression, contract, capitalism and socialism—are definable in terms of property: aggression being aggression against property, contract being a nonaggressive relationship between property owners, socialism being an institutionalized policy of aggression against property, and capitalism being an institutionalized policy of the recognition of property and contractualism.” He lays out the “natural” position on property rights, and distinguishes it from property rights, the normative position. Natural position is that each actor owns his body Any scarce resource is owned by the person who first appropriated it, or who acquired it from a previous owner by contract Property “rights” mirroring this natural position are then justified with his argumentation ethics, which has been very influential and also controversial in the libertarian world Echoed in Mises, Socialism: “the sociological and juristic concepts of ownership are different.” Key to this analysis is recognizing the role of scarcity, which is inherent in human action, and which socially gives rise to the possibility of interpersonal conflict and thus the necessity for property norms to make conflict free interaction (cooperation) possible. Hans anchors his analysis in a Misesian praxeological framework, in which actors must employ scarce means or resources to achieve ends. In Mises’s praxeological view of human action, there are two distinct but essential components...
April 13, 2019
Kinsella on Liberty Podcast, Episode 262. This is a followup to my episode KOL261 | Venture Stories Podcast Debating Austrian Economics, Libertarianism, and Bitcoin with Noah Smith. I recorded some of my impressions after the show was concluded, making observations about how it went, and so on. Listen at our own peril!
April 11, 2019
Kinsella on Liberty Podcast, Episode 261. This is my appearance on the Venture Stories Podcast by Village Global, April 6 episode, hosted by Erik Torenberg: A Comparison of Austrian and Keynesian Economics with Noah Smith, Parker Thompson and Stephan Kinsella. It ended up being a bit of a debate with the other guest, Noah Smith of Bloomberg. This was a bit of an interesting episode, as I explain in the informal "bonus" episode KOL262. We ended up discussing/debating a variety of issues, such as: Austrian economics and praxeology, the business cycle, bitcoin, libertarianism, the federal reserve, anarcho-capitalism and related. By the time we started the podcast I had forgotten it was not exactly for an already-libertarian or Austrian audience, and in fact the host seemed at first (off-air) to think I was the Irish economic journalist Stephen Kinsella (see Stephen Kinsella’s I am Not), and I had forgotten it was a debate and that Smith would be taking positions opposed to Austrianism and libertarianism. My performance was a bit subpar, but I did the best I could to present Austrian views even though I'm not a professional economist. From the show notes: On this episode Erik is joined by Stephan Kinsella (@NSKinsella), libertarian writer and patent attorney, Noah Smith (@Noahpinion), Bloomberg opinion writer, and Parker Thompson (@pt), partner at AngelList. In a spirited debate, the three of them discuss the relative merits of Austrian economics vs. Keynesian economics. They start out by defining the primary schools of economic thought and explaining where each of the guests sits on the spectrum of economic thinking. They talk about the value of empiricism when it comes to economics and whether economic theories can be derived from first principles. They discuss inflation and whether centralized control of the money supply leads to better economic outcomes, as well as how one can determine these things in the messy real world. They also touch on a number of other topics, including whether it would be a good thing to get rid of the FDA and pharmaceutical patents, whether antitrust law is “unethical,” and whether the patent system is a net positive for society. Embedded: Listen to "A Comparison of Austrian and Keynesian Economics with Noah Smith, Parker Thompson and Stephan Kinsella" on Spreaker. Local copy. Related: Milton Friedman, Essays in Positive Economics Karl Fogel, The Surprising History of Copyright and The Promise of a Post-Copyright World (see Youtube) KOL 038 | Debate with Robert Wenzel on Intellectual Property In response to one of Smith's comments about the origin of copyright, see Karl Fogel: "The first copyright law was a 1556 censorship statute in England. It granted the Company of Stationers, a London guild, exclusive rights to own and run printing presses. Company members registered books under their own name, not the author's name, and these registrations could be transferred or sold only to other Company members. In exchange for their government-granted monopoly on the book trade, the Stationers aided the government's censors, by controlling what was printed, and by searching out illegal presses and books — they even had the right to burn unauthorized books and destroy presses. They were, in effect, a private, for-profit information police force." Smith also claimed Robert Lucas and indeed many (most?) economists were for abolition of patents. I would love to see proof of this. Smith also seemed to deny that it's accepted in economics that minimum wage laws cause unemployment or that free trade is generally beneficial. Hunh? Smith seems to think that minimum wage might be justified if it only harms a few people but benefits most, without seeming to realize that the people that minimum...
February 22, 2019
Kinsella on Liberty Podcast, Episode 260. Libertarian Party Chair Nick Sarwark and I discuss a potpourri of libertarian issues, such as minarchy vs. anarchy, libertarian "centralism" and the Fourteenth Amendment, and applications to abortion, gay (same sex) marriage, civil asset forfeiture, and the like. Related links: Timbs vs. Indiana (2019)--recent Supreme Court civil asset forfeiture case Supreme Court rules against highway robbery through asset forfeiture Another neo-confederate, xenophobic racist… Healy on States’ Rights and Libertarian Centralists; Healy versus Bolick and the Institute for Justice The Libertarian Case Against the Fourteenth Amendment The Embarrassing Fawning over the Criminal State by Regime Libertarians The Unique American Federal Government Various Kinsella posts criticizing "libertarian centralism"
February 9, 2019
Kinsella on Liberty Podcast, Episode 259. This is my main presentation at New Hampshire Liberty Forum, Feb. 8, 2019. Recorded on my iPhone. I'll upload a higher quality version later, if it becomes available. My Powerpoint that I used is embedded below: Background: KOL 037 | Locke’s Big Mistake: How the Labor Theory of Property Ruined Political Theory A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability Rothbard on the “Original Sin” in Land Titles: 1969 vs. 1974 (Nov. 5, 2014) “What Libertarianism Is”, see esp. n. 25 and accompanying text, regarding tracing title, in a property dispute, back to a common author (ancestor in title). Bonus: Below is my 30 minute (or so) appearance on the Vin Armani and Dave Butler (of Vin and Dave's Destination Unknown podcast) livestream of the Free State Project's New Hampshire Liberty Forum, Day 1 -- we discussed government versus the state, intellectual property, and related issues. Rewind a bit to enjoy the cool "New Hampshire" song
February 8, 2019
Kinsella on Liberty Podcast, Episode 258. This is my debate at New Hampshire Liberty Forum, Feb. 7, 2019—really more of a roundtable discussion of immigration policy from a libertarian perspective. The other panelist was Daniel Garza, President of the LIBRE Initiative, and the moderator was Jeremy Kaufman. Some listeners may be surprised at my pro-immigration comments. Recorded on my iPhone. I'll upload a higher quality version later, if it becomes available. Related links: I’m Pro-Immigration and Pro-Open Borders Switzerland, Immigration, Hoppe, Raico, Callahan KOL160 | Bad Quaker on IP, Hoppe, and Immigration Hans-Hermann Hoppe’s “Immigration And Libertarianism” at Lew Rockwell My article  Simple Libertarian Argument Against Unrestricted Immigration and Open Borders
January 20, 2019
Kinsella on Liberty Podcast, Episode 257. I appeared recently on Peter Mac's show for the first time in several years. We talked about a variety of topics: education, law school, anarchy, careers, libertarian activism, and so on. This is Part 3 of 3. Related: Past, Present and Future: Survival Stories of Lawyers New Publisher, Co-Editor for my Legal Treatise, and how I got started with legal publishing Previous appearances on Peter's show: KOL 027 | The Peter Mac Show (2009, discussing IP) KOL057 | Guest on The Peter Mac Show: “Capitalism,” Anarchy, IP and other topics (2010) KOL128 | “The Peter Mac Show,” discussing the Stop Online Piracy Act (SOPA) (2012)
January 18, 2019
Kinsella on Liberty Podcast, Episode 256. I appeared recently on Peter Mac's show for the first time in several years. We talked about a variety of topics: education, law school, anarchy, careers, libertarian activism, and so on. This is Part 2 of 3. Related: Past, Present and Future: Survival Stories of Lawyers New Publisher, Co-Editor for my Legal Treatise, and how I got started with legal publishing Previous appearances on Peter's show: KOL 027 | The Peter Mac Show (2009, discussing IP) KOL057 | Guest on The Peter Mac Show: “Capitalism,” Anarchy, IP and other topics (2010) KOL128 | “The Peter Mac Show,” discussing the Stop Online Piracy Act (SOPA) (2012)
January 15, 2019
Kinsella on Liberty Podcast, Episode 255. I appeared recently on Peter Mac's show for the first time in several years. We talked about a variety of topics: education, law school, anarchy, careers, libertarian activism, and so on. This is Part 1 of 3. Related: Past, Present and Future: Survival Stories of Lawyers New Publisher, Co-Editor for my Legal Treatise, and how I got started with legal publishing Previous appearances on Peter's show: KOL 027 | The Peter Mac Show (2009, discussing IP) KOL057 | Guest on The Peter Mac Show: “Capitalism,” Anarchy, IP and other topics (2010) KOL128 | “The Peter Mac Show,” discussing the Stop Online Piracy Act (SOPA) (2012)
January 14, 2019
Kinsella on Liberty Podcast, Episode 254. From TomWoods Ep. 1304 How I Got into Harvard. I interviewed Tom about this and related questions since my 15 year old son is nearing college age and I was curious. From Tom's shownotes: Stephan Kinsella, the libertarian theorist and author of Against Intellectual Property, asked me the other day about my college admission experience. We are each the parent of a tenth grader, so the topic of college comes up in our households. I didn’t think I had much interesting to say about it, but we decided he would in effect host this episode and ask me questions. The resulting conversation turned out to be great! Read the original article at TomWoods.com. http://tomwoods.com/ep-1304-how-i-got-into-harvard/
October 12, 2018
Kinsella on Liberty Podcast, Episode 253. I spoke today on “A Libertarian’s Case Against Intellectual Property,” at the Federalist Society, University of Berkeley-California. It was well-organized and there was a perceptive and interesting critical commentary by Professor Talha Syed. This is the audio I recorded on my iPhone; video below; line-mic'd audio here. My speaking notes pasted below. Youtube: *** A Libertarian’s Case Against Intellectual Property Stephan Kinsella Kinsella Law Practice, Libertarian Papers, C4SIF.org UC-Berkeley Law School Federalist Society Oct. 11, 2018 General background: A Selection of my Best Articles and Speeches on IP Intellectual Property: Legal rights enforced by law having to do with products or creations of the mind, the intellect patent, copyright, trademark, trade secret semiconductor maskwork, boat hull designs, database rights, moral rights, right to one’s “likeness,” reputation rights (defamation, libel and slander, law) punishment for depicting religious figures in drawings “cultural appropriation” Why IP? Ayn Rand "Patents are the heart and core of property rights." … "Intellectual property is the most important field of law." US Commerce Dept. Study 2012 purporting to show that “intellectual Property-Intensive Industries” Contribute $5 Trillion, 40 Million Jobs to US Economy” [USPTO/Commerce Dept. Distortions: “IP Contributes $5 Trillion and 40 Million Jobs to Economy”] 2018 Nobel Laureate in Economics Paul Romer: economic growth — and the technological innovation it requires — aren't possible under perfect competition; they require some degree of monopoly power [patents] [Douglas Clement, Creation Myths: Does innovation require intellectual property rights?; Some studies: patent trolls alone cost $29 billion and total costs much higher globally ($1 Trillion/year, or more, given the “cumulative” effect of innovation) [Reducing the Cost of IP Law;Costs of the Patent System Revisited] US continually foisting higher patent and copyright protections on other countries via trade agreements and treaties, e.g. NAFTA, USMCA, TPP (“IP Imperialism”) Copyright distorts culture and threatens Internet freedom (censorship, takedown notices) [“Death by Copyright-IP Fascist Police State Acronym”; “SOPA is the Symptom, Copyright is the Disease: The SOPA Wakeup Call to Abolish Copyright,” “Where does IP Rank Among the Worst State Laws?”, “Masnick on the Horrible PROTECT IP Act: The Coming IPolice State” ] It’s important to get this issue right I’m an IP lawyer and also a libertarian since high school (1982) [How I Became A Libertarian] My IP struggle: problems with Rand, researching the issue Tom Palmer, Wendy McElroy, Hans-Hermann Hoppe, Mises Finally realized IP is unjustified around the time I passed the patent bar (1994) Given my knowledge of IP law I spoke and wrote more and more on this topic, even though I’m more interested in other areas of libertarian legal theory But I’ve found that sorting out this issue is crucial and helps sort out many other legal and policy issues property and rights theory, Contract, fraud, causation and the law, and the nature and source of wealth and human prosperity [See my upcoming book, Law in a Libertarian World] The question is not "Is IP a good idea?" or "What kind of IP protection should we have?" but rather What type of laws should we have; what laws are just, or justified? Purpose of law and property The question is not “is IP a good idea?” or “what kind of IP law should we have?
October 1, 2018
Kinsella on Liberty Podcast, Episode 252. This is my appearance on the Death to Tyrants Podcast, Episode 33: Human Rights, Property Rights and Copyrights with Stephan Kinsella (Facebook post), released Oct. 1, 2018, with host Buck Johnson. From the Shownotes: One of my favorite interviews to date. We get into rights, property, self ownership and the philosophy behind these things. We then move into "intellectual property" and the case against copyright and patents. *** This week I feature my interview with the brilliant Stephan Kinsella. We discuss the nature of rights as libertarians view them. We get into property rights, human rights, self  ownership and why there is really no such thing as intellectual property. Stephan makes a strong case against copyrights and patents. Stephan's body of work can be found here: http://www.stephankinsella.com and here: http://c4sif.org Find us online at www.facebook.com/deathtotyrantspodcast  Follow me on Twitter @buckrebel
September 30, 2018
Kinsella on Liberty Podcast, Episode 251. This is my appearance on Creative Juice, by Indepreneur, Episode66: EP66: The Shocking Case For Abolishing Copyright Laws w/ Patent Attorney Stephan Kinsella, Sep 28, 2018, with host Kyle Lemaire. We talked about a variety of matters, from the nature of property rights, Rothbard's view that all human rights are property rights, Locke's labor theory of property and the Marxian labor theory of value, the history and general nature of IP rights and why IP rights are incompatible with other property rights. This was a very fast-talking, dense episode with a lot of lecturing and talking from my end, but I think we covered a lot of ground, from the foundations of law and property rights to IP law. Their shownotes: Since its beginning, the music industry has been under heavy government regulation: copyright laws control much of the economy of the music business. Today, there are many voices on the frontline arguing for the abolishment of all intellectual property, including copyright laws... Stephan Kinsella is a Patent Attorney and advocate for IP Abolishment. On this episode of Creative Juice, Circa sits down with Stephan to discuss the little-known argument against intellectual property and how it may actually be harming independent artists and creatives. "This is one of my favorite episodes of Creative Juice to date - I highly advise that you learn about this topic and take part in the discussion surrounding these laws. I believe this is one of the most important things to examine in our industry!" - Kyle "Circa" Lemaire
September 27, 2018
Kinsella on Liberty Podcast, Episode 250. This is the audio of my presentation to the 2018 PFS meeting on Saturday, Sept. 15, 2018. Powerpoint slides embedded below. Youtube embedded below. Related material: see material linked in the above slides, including: KOL001 | “The (State’s) Corruption of (Private) Law” (PFS 2012) International Law MOOC (Youtube) Sovereignty, International Law, and the Triumph of Anglo-American Cunning | Joseph R. Stromberg Rosalyn Higgins, Problems and Process: International Law and How We Use It (Clarendon, 1994) Mark Janis, International Law (7th Ed. 2018) Restatement (Third) of the Law, The Foreign Relations Law of the United States (1987), HeinOnline, Westlaw (not online) American Society of International Law (ASIL), Electronic Information System for International Law (EISIL) https://www.asil.org/resources/electronic-resource-guide-erg and http://www.eisil.org/   M.N. Shaw, International Law (7th Ed. 2017) Ian Brownlie (Crawford), Principles of Public International Law (1966) (8th ed., 2012)  
September 12, 2018
Kinsella on Liberty Podcast, Episode 249. My appearance on Max Hillebrand's World Crypto Network show yesterday. Other notes: See other links at KOL191 | The Economy with Albert Lu: Can You Own Bitcoin? (1/3) My facebook post discussing ownership of Bitcoin Tom Bell: Copyright Erodes Property? Bitcoin Is Officially a Commodity, According to U.S. Regulator sd
August 18, 2018
Kinsella on Liberty Podcast, Episode 248. TEMP: http://traffic.libsyn.com/livera/SLP15_-_Stephan_Kinsella.mp3 From my recent appearance on Stephan Livera's bitcoin-focused podcast. SLP15 – Intellectual Property, Bitcoin, and Internet Censorship, with Stephan Kinsella Stephan Kinsella, Intellectual Property lawyer, and libertarian advocate joins me in this episode to discuss: His story with bitcoin Money as Sui Generis Good The imprecise application of Lockean property theory Why you can’t own bitcoin, but it probably doesn’t make a big difference anyway The harmful effects of patents and copyright ‘Internet Censorship’ as it relates to property rights and ownership of private social media platforms Stephan Kinsella links: Twitter: @nskinsella Stephan’s website: StephanKinsella.com Center for the Study of Innovative Freedom Stephan Kinsella’s podcast, Kinsella on Liberty Podcast links: Libsyn SLP15 Apple Stitcher Spotify I really enjoyed this conversation with Stephan Kinsella, and I hope you enjoy listening to it. If you get value out of this episode, please remember to share it on your social media as that really helps expand my reach. Thanks guys.
August 2, 2018
Kinsella on Liberty Podcast, Episode 247. On a recent episode [July 29, 2018] of Free Talk Live, Ian and Mark discuss their disagreement over Mark's filing a DMCA (copyright) takedown of a critical YouTube video. I called in to discuss this issue and intellectual property with Mark for the July 31 episode. For the full episode, go here. The excerpt with my portion is included here. I've discussed IP and other libertarian issues on FTL before: KOL141 | FreeTalkLive: IP and SOPA (2012) KOL082 | FreeTalkLive Guest Appearance: IP (2011) FreeTalkLive/XM Extreme Talk Appearance re Intellectual Property KOL 033 | Free Talk Live Interview on Reducing IP Costs (2010)
June 28, 2018
Kinsella on Liberty Podcast, Episode 246. This is my appearance on the CryptoVoices podcast, Episode 43, interviewed by host Matthew Mežinskis. As indicated in the show notes (below), we discussed a variety of issues related to bitcoin, property rights, and related matters. The hosts also informed me of a recent article they had written regarding the economic classification of crypto tokens: An Economic Definition of Cryptotokens. Shownotes: Show support appreciated: 35iDYDYqRdN2x6KGcpdV2W1Hy3AjGje9oL Matthew interviews Stephan Kinsella, longtime advocate of private property and personal liberty, and expert on intellectual property law. We discuss broad-ranging issues on Bitcoin and private property. Is Bitcoin really property per se, and does anyone truly own bitcoin(s)? Also, how does the nature of intellectual property (or lack thereof) play into the open-source aspects of Bitcoin? What is Bitcoin? Is Bitcoin a digital good? Stephan shares his knowledge on the history of intellectual thought, personal liberty, and intellectual property to answer some of these questions. We discuss some current topics about the brand of Bitcoin (versus Bitcoin Cash), and if blockchain could(?) ever resolve some of the faults and friction in IP that Stephan has studied for years. Stephan is a well-read intellectual and Bitcoiners would do well to read more of his writings. Links for more info: twitter.com/NSKinsella www.stephankinsella.com/ mises.org/profile/stephan-kinsella mises.org/library/against-intellectual-property-0 mises.org/library/goods-scarce-and-nonscarce cointelegraph.com/news/pro-btc-mov…ng-lack-of-funds Further references: KOL191 | The Economy with Albert Lu: Can You Own Bitcoin? (1/3) KOL233 | Mises UK Podcast: Bitcoin Ownership and the Global Withering of the State for more on whether bitcoin is ownable property, see this Facebook thread KOL085 | The History, Meaning, and Future of Legal Tender KOL086 | RARE Radio interview with Kurt Wallace: The War on Bitcoin KOL 043 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Bitcoin, Legal Reform, Morality of Voting, Rothbard on Copyright Tax Plan May Hurt Bitcoin, WSJ Swiss Tax Authorities Confirm that Bitcoin is VAT-free in Switzerland Tokyo court says bitcoins are not ownable FinCEN Rules Commodity-Backed Token Services are Money Transmitters Bitcoin Is Officially a Commodity, According to U.S. Regulator; Miami Judge Rules Bitcoin Is Not Money; Dismisses Money Laundering, Transmitting Charges How to handle bitcoin gains on your taxes SEC: US Securities Laws ‘May Apply’ to Token Sales Federal Judge Rules Bitcoin Is Real Money
June 7, 2018
Kinsella on Liberty Podcast, Episode 245 From my appearance on the Nothing Exempt podcast, Ep. 53, discussing IP with a couple of libertarian hosts. Well, co-host Nick said he was 80% libertarian and disagreed with me on IP ... but for somewhat inscrutable reasons, as I started asking him about, about 4 minutes in.
June 1, 2018
Kinsella on Liberty Podcast, Episode 244. From my recent appearance on the first episode of rising libertarian and media star Michael Malice's "Your Welcome" show on his new network, GaS Digital (consider subscribing--libertarian Dave Smith also has a great show on the network--I just did). I was in New York for the weekend, he was rebooting his show on a new network, so it was kismet. We discussed the basic case against intellectual property (I had to persuade Malice, an anarcho-capitalist who came into this without a lot of settled views on it), the Hoppe "toy helicopter" incident [e.g., 1, 2, 3], the infamous Robert Wenzel "debate," and a few other issues, like my recent bout with prostate cancer (yeah, he got me to go there). From the YouTube episode description: It's the first episode of "YOUR WELCOME"! Join Michael Malice as he speaks with American Intellectual Property Lawyer Stephan Kinsella on the current system of IP and how the implementation of its laws effect commerce, culture and society. From the drug industry to entertainment, the precedents set by those who govern over the laws of Intellectual Property help shape the foundation of culture as well as the economy. Listen as Michael Malice delves deep into the core of the issues and stories that effect our world today. "YOUR WELCOME". Follow the show @michaelmalice, @NSKinsella The YouTube video below will only be up for a couple weeks, I believe.
May 23, 2018
Kinsella on Liberty Podcast, Episode 243. From my recent appearance on the Libertarian Christians podcast, discussing (what else) IP.
April 25, 2018
Kinsella on Liberty Podcast, Episode 242. I was a guest last night on Punching Left, with hosts Clifton Knox and David German, discussing argumentation ethics, estoppel, covenant communities, the non-aggression principle, physical removal, Hoppe, Propertarianism, Curt Doolittle, Austin Peterson, and so on. Related material: Kinsella, Defending Argumentation Ethics The Genesis of Estoppel: My Libertarian Rights Theory Revisiting Argumentation Ethics Argumentation Ethics and Liberty: A Concise Guide KOL228 | Argumentation Ethics – Lions of Liberty KOL218 | Argumentation Ethics – Patterson in Pursuit KOL161 | Argumentation Ethics, Estoppel, and Libertarian Rights: Adam Smith Forum, Moscow (2014) Hoppe’s Argumentation Ethics and Its Critics New Rationalist Directions in Libertarian Rights Theory, 12:2 Journal of Libertarian Studies: 313-26 (Fall 1996) Punishment and Proportionality: The Estoppel Approach, 12:1 Journal of Libertarian Studies 51 (Spring 1996) Hans Hermann Hoppe, “On The Ethics of Argumentation” (PFS 2016) Frank van Dun, “Argumentation Ethics and The Philosophy of Freedom” KOL181 | Tom Woods Show: It Is Impossible to Argue Against Libertarianism Without Contradiction The A priori of Argumention, video introduction by Hoppe Lecture 3 of my 2011 Mises Academy course, “The Social Theory of Hoppe” (slides here) Lecture 2 of my 2011 Mises Academy course, “Libertarian Legal Theory: Property, Conflict, and Society” (slides here)
March 27, 2018
Kinsella on Liberty Podcast, Episode 241. I was a guest yesterday (3/26/18) on Dave Smith's podcast. His description: "Talking Libertarian Legal philosophy with Stephan Kinsella. Topics include how the court systems could work without government and why intellectual property isn't real." We discussed a wide-ranging but fairly high-level array of libertarian theory issues, including how I became a libertarian, the main influencers (Ayn Rand, Milton Friedman, Bastiat, Mises, Rothbard), property theory and scarcity, Hoppe's argumentation ethics, praxeology, dualism of various types, and, sigh, yes, intellectual property. Dave even worked in a funny joke about "The Man on the Moon" ... well you'll just have to see for yourself. But he stole it from Steve Martin. Good times.
February 18, 2018
Kinsella on Liberty Podcast, Episode 240. From Episode 23 of Cameron Talks Science. Episode 23: Patents and Paywalls: How IP Stifles Scientific Innovation: Stephan Kinsella February 11, 2018 Cameron English The accepted wisdom tells us that intellectual property (IP) laws encourage innovation. Without legal protection for their discoveries, scientists would have no incentive to conduct research and we would lose out on "...life-changing and life-saving new treatments that bring hope to doctors, patients, and patients' families worldwide. " That's a nice story, but my guest today says this seemingly self-evident truth is entirely incorrect. Far from fostering innovation in the sciences, patent attorney and legal scholar Stephan Kinesella argues that intellectual property hampers competition and thus stifles the discovery of new medicines and other technologies. Every year businesses waste millions of dollars in court defending their patents and divert resources away from research and development. This perverse system keeps smaller companies from out-competing established firms and severely limits consumer choice throughout the economy. Moreover, copyright protections allow major publishers to lock original scientific research behind paywalls and charge obscene prices to anyone who wants to access the content, even though much of the work is financed by taxpayers. Paradoxically, then, IP laws have allowed giant corporations and federal bureaucracies to tightly restrict the production and distribution of scientific knowledge. Listen in as Stephan and I discuss how this broken system came to be and what we can do to replace it.
February 16, 2018
Kinsella on Liberty Podcast, Episode 239. Monday morning phone call, from Mar. 14, 2016, talking nonsense, obsessing over trivia, such as the possible connections between and real meanings of the expressions "money talks, bullshit walks" and "walk the walk, talk the talk". And the problem with the expression "all he cares about is money." And Jeff's idea for an article. And Praeger University and Dennis Praeger. How Millennials can improve their self-esteem by working. I make fun of college students who have time to have a marijuana source (in the 80s). Facebook Live videos versus Google Hangouts. Tucker's hot tub and whether he should put lavender into it, and if he got caught he could pretend it was already there, that some guy named "Big Jim" had done it, and if they didn't believe him we could have a trial about it. Typical meandering, silly, rambling nonsense. This was one of our morning talks, and this time I tried to record it over my iphone using the "record call" option of the "Recorder" app.
February 14, 2018
Kinsella on Liberty Podcast, Episode 238. At Libertopia 2012, I participated in an hour-long IP panel with Charles Johnson, moderated by Butler Shaffer. For my other presentation, and for more details, see KOL236 | Intellectual Nonsense: Fallacious Arguments for IP (Libertopia 2012).
February 12, 2018
Kinsella on Liberty Podcast, Episode 237. At Libertopia 2012, I delivered a 45-minute talk , "Intellectual Nonsense: Fallacious Arguments for IP," the slides for which are below. I spoke for 45 minutes—well, 40, then the last 5 were taken up by a question from J. Neil Schulman—but only covered the first 25 slides. For more details, see Part 1, at KOL236 | Intellectual Nonsense: Fallacious Arguments for IP (Libertopia 2012). This podcast is Part 2, covering most of the remaining 41 issues.
February 10, 2018
Kinsella on Liberty Podcast, Episode 236. At Libertopia 2012, I delivered a 45-minute talk , "Intellectual Nonsense: Fallacious Arguments for IP," the slides for which are below. I spoke for 45 minutes—well, 40, then the last 5 were taken up by a question from J. Neil Schulman—but only covered the first 25 slides. I covered most of the remaining 41 in a separate recording, Part 2: KOL237. (Previously posted as here: Intellectual Nonsense: Fallacious Arguments for IP (Libertopia 2012) (Oct. 13, 2012). See also See also:  There are No Good Arguments for Intellectual Property.) At Libertopia, I also participated in an hour-long IP panel with Charles Johnson, moderated by Butler Shaffer. It is presented in Part 3, KOL238 (forthcoming). Update: I thought of one more argument that I forgot to cover in the slides and talk. It is the argument made by Silas Barta that (a) some libertarians support rights in airwaves (electromagnetic spectra); but (b) if you support airwave rights you have no basis to object to rights in other nonscarce resources like inventions or patterns of information (see Why Airwaves (Electromagnetic Spectra) Are (Arguably) Property). There are several problems with this argument. First, not all libertarians support rights in EM spectra. So they are not committed to favor IP rights, even by Barta's argument. Second, even if EM spectra ought to be homesteadable, it does not mean that patterns of information ought to be. This is because EM spectra are actually scarce resources, while patterns of information are not. IP proponents typically grudgingly admit, when pressed, that EM spectra are  scarce but patterns of information—knowledge—is not, but they then shift to the argument that the monopoly over information leads to a "right to exploit" the monopoly, which leads to acquisition of profit (money), which is a scarce resource. The problem with the latter maneuver is that the profit comes from money voluntarily handed over to a seller by a customer. But the customer owns his money until he chooses to spend it. No other person has any property right claim in other people's money or, thus, in any possible future income stream or profits. Third, even if support of airwave property rights were to imply some type of possible rights in information or the right-to-exploit information, it does not imply that legislated IP rights systems like patent and copyright are justified (see, e.g., Legislation and Law in a Free Society). The advocate of an IP system that is somehow compatible with EM spectra rights has the burden of making a positive obligation for this system, and specifying its details. He can't just say that IP is justified just because some of its opponents favor EM rights or are confused on the EM issue. Finally, and to complement the previous point: even if you can argue that EM rights are valid, and do somehow impinge on normal property rights in scarce resources (which I disagree with), this does not mean that "anything goes", that just any limits on property rights in scarce resources are justified (and this is a point I emphasized in the lecture—see slides 14-15, and my posts The Non-Aggression Principle as a Limit on Action, Not on Property Rights; IP and Aggression as Limits on Property Rights: How They Differ). Again, the IP proponent would need to put forth a positive argument for IP rights. It cannot be established by criticizing its critics. As an analogy: suppose someone believes conscription is justified, but also opposes rape. You cannot show that rape is justified just because some people are wrong on conscription; you cannot even show that rape is justified if conscription is justified. Another argument I sometimes hear is exemplified here: By such a viewpoint there’s nothing wrong with raiding an online bank account – how can the account...
February 7, 2018
Kinsella on Liberty Podcast, Episode 235. This is a short video produced by the Federalist Society, featuring me and IP law professor Kristen Osenga (I had met Osenga previously, as a co-panelist at an IP panel at NYU School of Law in 2011). I was pleasantly surprised that the Federalist Society was willing to give the anti-IP side a voice—more on this below. To produce this video, Osenga and I each spoke separately, before a green screen, in studios in our own cities, for about 30 minutes. The editing that boiled this down to about 5 minutes total was superbly done. From the Federalist Society's shownotes on their Facebook post: Why does the government protect patents, copyrights, and trademarks? Should it? Kristen Osenga and Stephan Kinsella explore the concept of intellectual property and debate its effect on society as a whole. Kristen Osenga, a professor at the University of Richmond School of Law, and Stephan Kinsella, author of Against Intellectual Property, explore the concept of intellectual property and debate its effect on society as a whole. Differing Views: Libertarianism.org: Libertarian Views of Intellectual Property A 21st Century Copyright Office: The Conservative Case for Reform Mises Institute: The Case Against IP Law and Liberty: Why Intellectual Property Rights? A Lockean Justification The Constitutional Foundations of Intellectual Property Harvard Law: Theories of Intellectual Property I was pleasantly surprised that the Federalist Society was willing to give the anti-IP side a voice, given that many libertarian-related groups either outright favor IP or refuse to condemn it or to allow abolitionist voices. Since the dawn of the Internet in the mid-90s, the effects of patent and especially copyright law have become magnified and more noticeable. Thus more libertarians began to direct their attention to this issue. Gradually, scholarship emerged and the consensus began to shift over the last couple decades from an inchoate Randian pro-IP attitude, and/or apathy, to a interest in and opposition to IP law. It is safe to say that most thinking libertarians, most Austrians, anarchists, and left-libertarians, are now predominately opposed to IP.  (See “The Death Throes of Pro-IP Libertarianism,” “The Four Historical Phases of IP Abolitionism”, “The Origins of Libertarian IP Abolitionism”.) Accordingly, many libertarian groups are now explicitly anti-IP or at least are willing to host speakers and writers with this view, such as: the Mises Institute, and various Mises Institutes around the world (Sweden, Brasil, UK, etc.); the  Property and Freedom Society; and others, like the IEA (see Stephen Davies' Intellectual Property Rights: Yay or Nay); the Adam Smith Forum-Russia, which had me present a sweeping case for IP abolition; and the Adam Smith Institute in London, which also has featured strong voices in opposition to IP (Adam Smith Institute: Do not feed the patent troll; Intellectual property: an unnecessary evil). FEE has featured my work and that of other IP abolitionists, like Sheldon Richman. Even the Mercatus Center has promoted strong IP reform, although not outright abolition (see, e.g., Tom Bell, What is Intellectual Privilege?). And, I've been invited to speak against IP in a number of fora, podcasts, and radio shows—PorcFest, Libertopia, Students for Liberty, FreeTalkLive, and so on. Even John Stossel's Fox show featured me and David Koepsell arguing the abolitionist side. So. This is good progress, and parallels the increasing interest in IP by libertarians and their increasing opposition to this type of law. But not all libertarian groups, sadly, recognize IP for the unjust state institution that it is. The Libertarian Party, for example,
January 30, 2018
Debating Wright Kinsella on Liberty Podcast, Episode 234. This is a debate on IP between me and a noted Bitcoin expert, Dr. Craig Wright, hosted and moderated by the Vin Armani show. After the debate I was in London to attend the inaugural 2018 meeting of Mises UK and to hang with my boys Lee Iglody, Jeff Barr, Doug French, and Hans Hoppe, and had challenged Wright to a debate during a few twitter run-ins (still on-going); I accepted and since I happened to be in London, Wright set it up and we did it at a local studio, with Armani moderating from Vegas. Further comments appear on my Facebook post and also on the Youtube post (below). Update [7/17/19]: I had my buddies Jeff Barr and Doug French in the room watching, and after the debate, invited Craig to drinks in the hotel bar. We had an interesting, if a bit bizarre and intense, discussion for an hour or so. But int he ensuing weeks, things between us devolved on Twitter. Wright had promise to produce "proof" of patents stimulating innovation during the debate, and apparently, like with many of his promises to produce something, never came through. I pointed that out on Twitter and he eventually ended up blocking me, as well as the podcast's host, Vin Armani, who at the time was, with Wright, a fellow BCH advocate (Vin is still a BCHer but Craig has split off again with his BSV). Of course, in the meantime, Wright has amped up his risible claims to be Satoshi and has been involved in a number of controversial issues in the bitcoin/crypto community. What a character. Also: during the debate I referred to him as Dr. Wright, since he claims to have several PhDs, but now I am not sure he has any legitimate PhDs, other perhaps than one in "theology", so I should not have called him "Dr." That was too deferential. On the other hand, he did pay for the venue and related costs, so I was being polite.
January 9, 2018
Kinsella on Liberty Podcast, Episode 233. This is my appearance on the Jan. 9, 2018 episode of the Mises UK Podcast, with host Andy Duncan. From his shownotes: On the fourth episode of the MisesUK.Org Podcast, Andy Duncan discusses with Stephan Kinsella the concept, theory, and practice of Bitcoin ownership, amongst other topics, which include the use of Bitcoin as money, the comparison between gold and Bitcoin, and the possible collapse of states everywhere due to the current monetary revolution which states may have been too slow to respond to, for the sake of their own existence. Youtube version: Related material: KOL191 | The Economy with Albert Lu: Can You Own Bitcoin? (1/3) What do you legally “own” with Bitcoin? Posted on November 23, 2018 by prestonbyrne -- see my comments for more on whether bitcoin is ownable property, see this Facebook thread KOL085 | The History, Meaning, and Future of Legal Tender KOL086 | RARE Radio interview with Kurt Wallace: The War on Bitcoin KOL 043 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Bitcoin, Legal Reform, Morality of Voting, Rothbard on Copyright Tax Plan May Hurt Bitcoin, WSJ Swiss Tax Authorities Confirm that Bitcoin is VAT-free in Switzerland Tokyo court says bitcoins are not ownable FinCEN Rules Commodity-Backed Token Services are Money Transmitters Bitcoin Is Officially a Commodity, According to U.S. Regulator; Miami Judge Rules Bitcoin Is Not Money; Dismisses Money Laundering, Transmitting Charges How to handle bitcoin gains on your taxes SEC: US Securities Laws ‘May Apply’ to Token Sales Federal Judge Rules Bitcoin Is Real Money See other links at KOL191 | The Economy with Albert Lu: Can You Own Bitcoin? (1/3) My facebook post discussing ownership of Bitcoin Tom Bell: Copyright Erodes Property? KOL233 | Mises UK Podcast: Bitcoin Ownership and the Global Withering of the State for more on whether bitcoin is ownable property, see this Facebook thread KOL085 | The History, Meaning, and Future of Legal Tender KOL086 | RARE Radio interview with Kurt Wallace: The War on Bitcoin KOL 043 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Bitcoin, Legal Reform, Morality of Voting, Rothbard on Copyright KOL249 | WCN’s Max Hillebrand: Intellectual Property and Who Owns Bitcoin
December 19, 2017
Kinsella on Liberty Podcast, Episode 232. This is my appearance on Keith Knight's Youtube show "Don't Tread on Anyone" (Dec. 18, 2017), discussing a hodge-podge of issues such as the fundamentals of libertarianism, why scarcity is an important concept, Hoppe's greatest contributions, and so on. Youtube embedded below.
December 12, 2017
Kinsella on Liberty Podcast, Episode 231. This is my appearance on Let's Talk ETC! (Ethereum Classic) (Dec. 8, 2017), discussing the referenced topics. The audience is not really a libertarian one so I explained different approaches to libertarianism and some of my thoughts about libertarian activism, the prospects of bitcoin and other technology possibly aiding in the fight for human liberty and the battle against the state, and so on. The host was very good, the discussion very civil, and the audio quality is pretty good.
December 9, 2017
Kinsella on Liberty Podcast, Episode 230. This is my own audio recording of my debate on IP at the Yale Political Union (Facebook) on Tues., Dec. 5, 2017. My opponent was attorney Candice Cook. My initial argument begins at 0:04:40, followed by some Q&A, and my closing argument begins at 1:42:20. I can't say I recommend listening to the comments of others, as none of my arguments were really addressed and the arguments given are pretty incoherent—the arguments for IP were rooted in confused utilitarianism and even the arguments against IP were mostly rooted in anti-property socialistic assumptions. As expected, I lost the debate, by vote of the students, by a vote of about 2:1. Admittedly, it doesn't sound too bad to get 1/3, when not even all libertarians have the right view on IP, but it's worse than that: many of those who voted with me voted against IP for socialistic, anti-property reasons. Everyone is so confused about this topic. I knew this would be the case, I knew it would basically impossible, hopeless, to persuade mainstream left-socialistic types in a short talk of a radical position that rests upon having a sound view of property rights. So I went ahead, giving up hope on the audience, and laid out a systematic argument against IP based the nature of human action, human interaction, and property rights. A systematic, if compressed, argument, that could possibly resonate with some open-minded people someday listening to the recording via this podcast.  Thus, my initial presentation was a very condensed (15-20 minutes) but very fundamental explanation of the nature of property rights and why intellectual property is totally incompatible with property rights. Even though I knew it would be a hard sell with Yale undergrads. As can be heard from the "hissing" (their version of booing) whenever anything pro-private-property or capitalistic was mentioned, and from the comments of some of the student political group leaders, there was a good deal of explicit Marxism and socialism among the student. But it was fun nonetheless and they were very civil and respectful. Video of the debate available here and embedded below. (I spoke on IP before a smaller student group back in 2014—see KOL151 | Yale Speech: Balancing Intellectual Property Rights and Civil Liberties: A Libertarian Perspective.)
November 6, 2017
Kinsella on Liberty Podcast, Episode 229. This is my appearance on the Ernie Hancock "Declare your Independence" show for Nov. 3, hours 2 and 3. There is a "debate"—more of a discussion really—with libertarian-ish gun-rights author Alan Korwin in the first segment. Some of Ernie's shownotes are pasted below, plus the Vimeo video versions of hours 2 and 3 are embedded below.       11-03-17 -- Roy Robin - Stephan Kinsella - Alan Korwin -- (VIDEO MP3 LOADED) Roy Robin (Founder ICO Token Fund) talks about their decentralized investment platform - Stephan Kinsella (Intellectual Property Attorney) and Alan Korwin (Author; GunLaws.Com) discuss intellectual property and copyright issuesProgram Date:  Friday, November 3, 2017 Hour 1:  Media Type: Audio   •  Time: 48:48 Mins and Secs Hour 2:  Media Type: Audio   •  Time: 136:0 Mins and Secs Declare Your Independence with Ernest Hancock - Radio Host: Ernest Hancock Email: ernesthancock@cox.net Website: www.ernesthancock.com Declare Your Independence with Ernest Hancock strives to create an understanding of the Philosophy of Liberty. Understanding is far more important than agreement -- that will come in its own time. DONATE Bitcoins Here 1PCnPViv1PENR5Qme63DKYbj19hmHQoag1 Click to Subscribe To RSS Feed: (Use your browser) Click to Subscribe to this program on iTunes Store: (Podcast) Subscribe to Declare Your Independence with Ernest Hancock Archives DYI App for Android LRN.FM for Android and iOS! Listen Live @ LRN.fm HOUR ONE Media Type: Audio   •  Time: 48:48 Mins and Secs Guests:  Roy Robin Topics:  ICO Token Fund Hour 1 - Roy Robin (Founder ICO Token Fund) talks about their decentralized investment platform  Hour 2 - Stephan Kinsella (Intellectual Property Attorney) and Alan Korwin (Author; GunLaws.Com) discuss intellectual property and copyright issues Hour 3 - Stephan Kinsella on intellectual property rights CALL IN TO SHOW: 602-264-2800 -30- Feature Article  •  Global Edition Freedom's Phoenix Declare Your Independence APP now on Google Play  Donna Hancock Listen to any recent show of "Declare Your Independence" at the click of a button!     November 3rd, 2017 Declare Your Independence with Ernest Hancock on LRN.FM / Monday - Friday 9 a.m. - Noon (EST) Studio Line: 602-264-2800    Hour 1 2017-11-03 Hour 1 Roy Robin from Ernest Hancock on Vimeo. Roy Robin With Over 10 Years of Experience Building Teams, Building Brands and Launching Companies, Roy brings a unique background of proven leadership to the ICOT Project. Webpage: http://icotokenfund.com/go/ Investment Breakdown Below is the ICOT Foundations Strategy One Year Hold 40% of the Holdings will be invested 1/3'rd into BTC, 1/3'rd into LTC and 1/3'rd into ETH for a One Year Hold ICO Investing
October 23, 2017
Kinsella on Liberty Podcast, Episode 228. This is my appearance on Lions of Liberty, Episode 318, with host Marc Clair. We discussed Hans-Hermann Hoppe's "argumentation ethics" defense of libertarian rights, and related issues. Related: “Argumentation Ethics and Liberty: A Concise Guide” (2011) and Supplemental Resources Hoppe’s Argumentation Ethics and Its Critics New Rationalist Directions in Libertarian Rights Theory, 12:2 Journal of Libertarian Studies: 313-26 (Fall 1996) Punishment and Proportionality: The Estoppel Approach, 12:1 Journal of Libertarian Studies 51 (Spring 1996). Defending Argumentation Ethics: Reply to Murphy & Callahan, Anti-state.com (Sept. 19, 2002) KOL218 | Argumentation Ethics – Patterson in Pursuit March 26, 2017 Hans Hermann Hoppe, “On The Ethics of Argumentation” (PFS 2016) Frank van Dun, “Argumentation Ethics and The Philosophy of Freedom” Kinsella, The Genesis of Estoppel: My Libertarian Rights Theory KOL161 | Argumentation Ethics, Estoppel, and Libertarian Rights: Adam Smith Forum, Moscow (2014) KOL181 | Tom Woods Show: It Is Impossible to Argue Against Libertarianism Without Contradiction The A priori of Argumention, video introduction by Hoppe Lecture 3 of my 2011 Mises Academy course, “The Social Theory of Hoppe” (slides here) Lecture 2 of my 2011 Mises Academy course, “Libertarian Legal Theory: Property, Conflict, and Society” (slides here)
October 10, 2017
Kinsella on Liberty Podcast, Episode 227. This is my appearance on Voluntary Japan Live! with host Graham Smith. We talked about ownership of thoughts, the basics of libertarian property rights and terms like ownership, mind, brain, causation, action, property, and so on, intellectual property, the nature of contracts, and, of course, the dreaded "toy helicopter" controversy! (Brent Ancap had another post about this with additional links and with an excerpt of the video dealing only with the toy helicopter part here; video here.)   From the VJ Live! shownotes on Youtube: " Streamed live 4 hours ago Libertarian IP lawyer and writer for Mises.com Stephan Kinsella joins the show tonight for a discussion on IP, ownership, and the difficult topic of the very nature of property, itself. Tonight's talk promises to be lively one, as Stephan and I do not seem to see eye-to-eye on every issue. There are many things that, I think, ought to be ironed out regarding libertarian attitudes toward IP, and the all-too-common knee jerk reactions of anarchists against things even as legitimate as voluntary terms of use contracts. Which contracts, for the record, Mr. Kinsella has stated, are indeed legitimate, if unlikely to be entered into. JOIN THE LIVE CHAT WITH YOUR QUESTIONS! SEE YOU SOON! ***LINKS*** Anarchyball Thread Post: https://www.facebook.com/Anarchyball/... “Information is not ownable. Information should not be property.” ~Stephan Kinsella debates Chris LeRoux, 22:07 https://youtu.be/wgJOeWU1Bek *** “Argumentation Ethics, Estoppel, and Libertarian Rights” Presentation (Moscow. Nov. 2, 2014) http://www.stephankinsella.com/2014/1... *** Mises Wire: The relation between the non-aggression principle and property rights: a response to Division by Zer0 https://mises.org/blog/relation-betwe... *** Patterson in Pursuit Podcast: " https://youtu.be/M22mq4vA4Ew
October 10, 2017
Kinsella on Liberty Podcast, Episode 226. This is a short interview I did while at the 2017 Annual Meeting of the Property and Freedom Society, for Grosse Freiheit TV. Video embedded below. I think this is perhaps not my best performance, but some may find it of interest.
September 17, 2017
Kinsella on Liberty Podcast, Episode 225. This is my speech delivered earlier today at the 2017 Annual Meeting of the Property and Freedom Society. Video embedded below. Slides used embedded below (or can be downloaded). The subsequent Q&A session for our panel is also embedded below (but not included in the audio RSS stream on this podcast feed).   Related: Williamson Evers, “Toward a Reformulation of the Law of Contracts,” vol. 1, no. 1, J. Libertarian Stud. (1977) Rothbard, The Ethics of Liberty, ch. 19: “Property Rights and the Theory of Contracts” (1982; 1998) Rothbard “Justice and Property Rights,”Property in a Humane Economy, Samuel L. Blumenfeld, ed. (1974) (online here) Also in Egalitarianism as a Revolt Against Nature and Other Essays (1974) (online here) and later in The Logic of Action One Kinsella, “A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability,” J. Libertarian Stud. (2003) Kinsella, “Justice and Property Rights: Rothbard on Scarcity, Property, Contracts…,” The Libertarian Standard (Nov. 19, 2010) Kinsella on Liberty podcast: KOL146 | Interview of Williamson Evers on the Title-Transfer Theory of Contract KOL197 | Tom Woods Show: The Central Rothbard Contribution I Overlooked, and Why It Matters More detail in my “Libertarian Legal Theory” course, Mises Academy (2011), Lectures 3-4 (see KOL118)
September 13, 2017
Kinsella on Liberty Podcast, Episode 224. I was a guest on the Tom Woods show, Episode 998, today, discussing the work and theories of Hans-Hermann Hoppe. More--
August 8, 2017
Kinsella on Liberty Podcast, Episode 223. I was interviewed for the Our Interesting Times podcast, by host Tim Kelly, for the Aug. 8, 2017 episode, to discuss the basic case against intellectual property law.
May 19, 2017
Kinsella on Liberty Podcast, Episode 222. This is my second speech at last weekend's Mises Brasil's 2017 “V Conferência de Escola Austríaca” [5th Austrian School Conference], Mises Brasil, Universidade Mackenzie, São Paulo, Brazil (May 12–13, 2017): “Intellectual Property Imperialism Versus Innovation and Freedom.” The Q&A is included even though the questions are in Portuguese; most answers should make sense given the context.  This is a recording from my iPhone; video and higher quality audio will be linked later. The video is embedded here: The slides that I use are embedded below. Slides used for Mises Brasil: My original slides:
May 17, 2017
Kinsella on Liberty Podcast, Episode 221. This is my first speech at Mises Brasil's 2017 “V Conferência de Escola Austríaca” [5th Austrian School Conference], Mises Brasil, Universidade Mackenzie, São Paolo, Brazil (May 12–13, 2017): “State Legislation versus Law and Liberty.” The Q&A is included even though the questions are in Portugese; most answers should make sense given the context. This is a recording from my iPhone; video and higher quality audio will be linked later. The Youtube is here: The slides that I use are embedded below. Slides used for Mises Brasil: My original slides: Further resources: KOL001 | “The (State’s) Corruption of (Private) Law” (PFS 2012) KOL129 | Speech to Montessori Students: “The Story of Law: What Is Law, and Where Does it Come From?” KOL199 | Tom Woods Show: The State’s Corruption of Private Law, or We Don’t Need No Legislature “Legislation and the Discovery of Law in a Free Society,” Journal of Libertarian Studies 11 (Summer 1995), p. 132.1 Condensed version: Legislation and Law in a Free Society,” Mises Daily (Feb. 25, 2010)  Is English Common Law Libertarian? (Powerpoint; PDF) Further reading: Bruno Leoni, Freedom and the Law Watson, Alan, The Importance of “Nutshells” Herman, Shael, The Louisiana Civil Code: A European Legacy for the United States Giovanni Sartori, Liberty and Law Alan Watson, Roman Law and Comparative Law The Story of Law, by John M. Zane (I haven’t finished it yet but liked what read so far) (also online) Arthur Hogue, The Origins of the Common Law
May 5, 2017
Kinsella on Liberty Podcast, Episode 220. This is my interview by Rod Rojas of the Future Gravy show, which focuses on bitcoin and blockchain topics. We discussed how patents harm innovation and various strategies some companies use to try to deal with the patent threat, such as patent pooling, defensive patent licensing, whether Blockstream's Patent Pledge is really a tactic that makes them a patent threat to the blockchain community, and related matters. The video is embedded below. Relevant material: Blockstream’s Defensive Patent Strategy: Patent Pledge EFF: The Defensive Patent License; Blockstream Announces Defensive Patent Strategy; Blockstream: Modified Innovator’s Patent Agreement; EFF: Blockstream Commits to Patent Nonaggression. Kinsella, The Patent Defense League and Defensive Patent Pooling ----, Do Business Without Intellectual Property ----, “Defensive Patent License” created to protect innovators from trolls; probably won’t work ----, Twitter Heroically Promises Not to Use Patents Offensively The Patent Pledge KOL220 | Future Gravy Interview about Blockstream and the Defensive Patent License Bitmex: A blockchain-specific defensive patent licence.
April 29, 2017
Kinsella on Liberty Podcast, Episode 219. I delivered a talk earlier today for the Houston Property Rights Association (April 28, 2017), “Property: What It Is and Isn’t,” which sets out the framework for how to view property rights in general and then finally turns to intellectual property. The main talk lasted for about the first 30 minutes; the final hour is Q&A. My speech notes (unedited and raw) are below. Property: What It Is and Isn’t   Stephan Kinsella Kinsella Law Group, Libertarian Papers, C4SIF.org   Houston Property Rights Association · April 28, 2017   Ï   When a Great Austrian thinker was asked, “What is Best in Life?” He answered: “To crush your enemies, to see them driven before you, and to hear the lamentations of their women.”   Okay, that was Arnold Scharzenegger as Conan. This recognizes that conflict always possible in human life There are only so many “things” to go around, and if multiple people want it, they can fight violently over it. There can be conflict, precisely because we do not live in a world of superabundance. Garden of Eden etc. we live in a world where conflict is possible Another way to put this: we live in a world of scarce resources Better called “rivalrous”   Let’s turn to the ideas of another great Austrian thinker, Ludwig von Mises Praxeology: the logic of human action Structure of human action Humans use knowledge about the world to select, control and employ scarce resources (means of action) to change the future—to achieve ends Notice two crucial ingredients to successful human action: knowledge, and scarce resources/means. This is true of Crusoe alone on his island It is also true of man in society   In society there is another way to handle the problem of scarce resources Instead of conflict, we can develop usage or ownership rules, to permit scarce resources to be used peacefully, productively, cooperatively, and without conflict This is the origin and basis of “property”. Alone, a man wants to use a thing: he uses it: he controls it, possesses it. In society, there could be two people who want the same thing, but because it is scarce only one can use it. Usage rules emerge that specify an owner of a given contestable resource. We call this system “property rights” We sometimes call the objects themselves “property” That chair is my property When you use a resource to change the world, in addition to your hands, your body, it becomes an extension of yourself. It becomes identified with the user. “Part of” the user. We might say it is a feature, or characteristic, or an aspect, of the user—or a “property” of the user. My gun, my knife, my fishing net, are how I control the world. I rely on them as I rely on my hands and my eyes. Thus we refer to owned objects as “a property of” the owner. we say he has a “proprietary interest in” the object, he is the proprietor, the owner. He has a property right in that resource. Notice earlier: can say these resources are “characteristics” or “features” or properties of a person’s identity. It would be odd to say “that chair is my characteristic” or “my feature”. Yet we are used to saying “that chair is my property” but what we mean is: a given person is the owner of that resource. A given person has a property right in that resource.
March 27, 2017
Kinsella on Liberty Podcast, Episode 218. This is Episode 50 of the Patterson in Pursuit podcast, where host Steve Patterson interviews me about Hans-Hermann Hoppe's argumentation ethics. [Update: He does a breakdown of our discussion in Episode 63.] Patterson's description: If we choose to argue, have we presupposed an ethical framework? Is “self-ownership” a concept that cannot coherently be doubted? To help me answer these questions, I’m joined by one of the most prominent supporters of “argumentation ethics” – the theory that says ownership is inescapable, and as soon as we choose to argue, we’re committed to a set of ethical values. Related resources: Kinsella, “Argumentation Ethics and Liberty: A Concise Guide” (2011) and Supplemental Resources Hans Hermann Hoppe, “On The Ethics of Argumentation” (PFS 2016) Kinsella, New Rationalist Directions in Libertarian Rights Theory Frank van Dun, "Argumentation Ethics and The Philosophy of Freedom" Kinsella, The Genesis of Estoppel: My Libertarian Rights Theory Kinsella, Defending Argumentation Ethics: Reply to Murphy & Callahan
February 1, 2017
Kinsella on Liberty Podcast, Episode 217. This is Episode 14 of the MusicPreneur podcast, "Intellectual Property is the Bastard Child of the Gatekeepers," run by host James Newcomb. I appeared on his previous podcast, Outside the Music Box, a while back. This one is a fresh, stand-alone discussion where I lay out the case against IP fairly methodically. MusicPreneur shownotes below. See also my A Selection of my Best Articles and Speeches on IP. 01/31/2017 | 0 Listen to this episode Play / pause 1x Intellectual Property is the Bastard Child of the Gatekeepers (Ep. 14) 0:00 0:00 Intellectual Property is the Bastard Child of the Gatekeepers (Ep. 14) Download "Doing Business Without Intellectual Property!" Download stephankinsella.com You're probably going to disagree with what is said in this episode. In fact, it could very well make you angry. But, as Bob Dylan said, "The times, they are a changin'." It's an issue that I've wrestled with over the years and have finally come to the conclusion that Intellectual Property (IP) is detrimental to progress and innovation. While on the surface it appears to protect the rights of content creators to profit from their content, the reality is that the only people who really profit are the "gate keepers" and those who hang out near "the gates". I've tried to take a "back door" approach with this issue before, thinking that people would somehow be persuaded to see my point of view without actually telling them my point of view. Not surprisingly, the results of that approach weren't encouraging. I've decided to just come right out and say it. Intellectual Property is Horrible The fact of the matter is that just about every way of thinking that was considered set in stone a short time ago is suddenly up for debate once again. What are the origins of IP? How did it become de facto conventional knowledge in modern society? Is it really the only legalized monopoly in existence? Enter my guest for this episode, Stephan Kinsella. He's been a patent attorney in Houston, TX for nearly 30 years. He's the author of Against Intellectual Property as well as a pamphlet titled, Doing Business Without Intellectual Property.  In this discussion, we discuss why intellectual property (IP) is a hindrance to progress and innovation for musicians, and how MusicPreneur's can navigate the oftentimes confusing waters of IP. IP is not compatible with traditional view of property. World of scarcity - one person can use at a time Austrian Economics Mises: Human Action Act: Human has conception of where he is, what future is coming, anticipates what future is coming. Makes necessary changes... Informed by your knowledge of what's possible; tools at your disposal. Involves employment of scarce resources Guided by knowledge Impossible to have monopoly in an idea. IP Law enforces law with use of force. Another form of redistribution of wealth. 2 Rules in Acquiring Property First person to start using it - Homesteading; original appropriation...
October 10, 2016
Kinsella on Liberty Podcast, Episode 216. www.stephankinsella.com/kinsella-on-liberty-podcast/ I was a guest recently on Isaac Morehouse's podcast, "Why Intellectual Property Sucks, with Stephan Kinsella" (Oct. 10, 2016), discussing intellectual property and related issues. Isaac's description below: Is intellectual property law the foundation of an innovative society? Or a racket set up to protect entrenched businesses from competition? Stephan Kinsella joins the show this week to break down intellectual property law. Stephan is a practicing patent attorney, a libertarian writer and speaker, Director of the Center for the Study of Innovative Freedom (C4SIF), and Founding and Executive Editor of Libertarian Papers. He is one of the clearest and most compelling thinkers on intellectual property law. We cover the historical context of IP law, the modern day consequences of copyright and patent monopolies, the flaws in common arguments for intellectual property laws, and more. Covered in this episode: How did Stephan become interested in intellectual property? His intellectual evolution on the topic of intellectual property What are copyright, patent, trademarks, and trade secrets? Where did the concept of intellectual property come from? Which IP laws are the most harmful? Fraud vs. Trademarks Libertarian perspectives on IP John Locke’s  errors on property that affect us today Why Innovation is stronger without IP (fashion, food, football) Problems with trade secret law Copyright law that existed under common law Why IP is wrong from a deontological and consequentialist point of view How would J.K. Rowling make a living without IP? How to be principled about IP as an entrepreneur while not harming your company Links: www.stephankinsella.com How I Changed My Mind on Intellectual Property by Isaac Morehouse Against Intellectual Property by Stephan Kinsella (free) Do business without IP by Stephan Kinsella Episode 14: Harris Kenny on 3D Printing and a World Without Intellectual Property C4SIF.org (Center for the Study of Innovative Freedom) Ayn Rand on IP Against Intellectual Monopoly by Michele Boldrin and David Levine (Free version) The Case Against Patents by Michele Boldrin and David Levine If you are a fan of the show, make sure to leave a review on iTunes. All episodes of the Isaac Morehouse Podcast are available on SoundCloud, iTunes, Google Play, and Stitcher.
September 20, 2016
Kinsella on Liberty Podcast, Episode 215. www.stephankinsella.com/kinsella-on-liberty-podcast/ I was a guest recently on the Latter-Day Liberty podcast discussing intellectual property and related issues. Host: Mat Kent.   Ep. 19 Intellectual Property Podcast: Play in new window | Download How could a true libertarian claim to be against intellectual property? Aren’t property rights central to the principles of liberty? Stephan Kinsella joins us to discuss the case against IP and why, as libertarians, we should oppose it. About the Guest: Stephan Kinsella is a practicing patent attorney, a libertarian writer and speaker, Director of the Center for the Study of Innovative Freedom (C4SIF), and Founding and Executive Editor of Libertarian Papers. Guest’s Book: Against Intellectual Property Guest’s Links: stephankinsella.com Libertarian Papers Center for the Study of Innovative Freedom AuthorMat KentPosted onSeptember 9, 2016
July 15, 2016
Kinsella on Liberty Podcast, Episode 214. www.stephankinsella.com/kinsella-on-liberty-podcast/ I was a guest on the fun and zany libertarian podcast "Johnny Rocket Launch Pad," Episode 97. They fired questions at me one after another, and I did my best to field them. The sound effects were added later. From the shownotes page: What are some things libertarians commonly get wrong? What bad habits do we fall into, with regard to philosophy and law? This week we are joined by the intellectual giant Stephan Kinsella, who brings his experience in law, and philosophy to the table. This episode exposes new ways of looking at old philosophies, and we also go into depth about intellectual property. This is an episode you cannot miss! You might even become a better libertarian.
July 8, 2016
Kinsella on Liberty Podcast, Episode 213. www.stephankinsella.com/kinsella-on-liberty-podcast/ This is a debate between me and one Todd Lewis, hosted by Keith Preston, about self-ownership and the non-aggression principle. Lewis had participated in a decent debate with Walter Block previously, so I agreed to discuss with him, even though he was not clear where he was coming from, what his own position was, or what he hoped to prove by debunking the NAP (whenever someone is opposed to the NAP, I assume they want to justify aggression—I think I'm right). This Lewis character appears to be some kind of "Mennonite" Christian in Ohio, and claims to be a former "fusionist" (some kind of libertarian+conservative) and now some form of Christian conservative who believes in legally punishing homosexuality. I don't think he was ever really a libertarian, to be honest. He attacks a lot of strawmen, and never really responds to my coherent statement of the libertarian vision. He calls this the "Praise of Folly" "podcast" though it is not a podcast since there is no RSS feed. But I'll grant, he was far more civil and even intelligent than others I have debated, on topics like anarchy and IP, such as Jan Helfeld and Robert Wenzel, though that's admittedly a low bar. For related material see: Selected Supplementary Material for Law in a Libertarian World: Legal Foundations of a Free Society What Libertarianism Is How We Come To Own Ourselves What It Means To Be an Anarcho-Capitalist New Rationalist Directions in Libertarian Rights Theory Argumentation Ethics and Liberty: A Concise Guide Defending Argumentation Ethics: Reply to Murphy & Callahan (wayback version) KOL004 | Interview with Walter Block on Voluntary Slavery Walter Block episode:
June 12, 2016
Kinsella on Liberty Podcast, Episode 212. www.stephankinsella.com/kinsella-on-liberty-podcast/ This is my interview, mostly on various anarcho-capitalism issues, by Josh Havins, of the Lafayette County (Mississippi) Libertarian Party: Their episode: “Ask a Libertarian #8 – Stephan Kinsella – Anarcho-Capitalism” (video embedded below). For related material see: What It Means To Be an Anarcho-Capitalist The Irrelevance of the Impossibility of Anarcho-Libertarianism Question about the feasibility of anarcho/libertarianism What Libertarianism Is Selected Supplementary Material for Law in a Libertarian World: Legal Foundations of a Free Society
April 28, 2016
Kinsella on Liberty Podcast, Episode 211. My interview on the Wake Up Call podcast, Episode 44: Corporations and the Corporate Form. From the shownotes page: Episode Summary Stephan Kinsella joins Adam Camac and Daniel Laguros to discuss corporations and the corporate form, common objections, and state interventions in the area.   Related Articles 1. In Defense of the Corporation by Stephan Kinsella (October 27, 2005) 2. Corporate Personhood, Limited Liability, and Double Taxation by Stephan Kinsella (October 18, 2011) Books Mentioned 1. Against Intellectual Property by Stephan Kinsella 2. In Defense of the Corporation by Robert Hessen Related Interview 1. KOL170: Tom Woods Show: Are Corporations Unlibertarian? (January 24, 2015) Previous Appearance 24. The Nature of Property and Problems with Intellectual Property Laws with Stephan Kinsella (Wednesday, March 30, 2016)
March 18, 2016
Kinsella on Liberty Podcast, Episode 210. This is my interview, mostly on IP, by Josh Havins, of the Lafayette County (Mississippi) Libertarian Party: Their episode: "Ask a Libertarian #6 - Stephan Kinsella - Against Intellectual Property" (video embedded below).
March 14, 2016
Kinsella on Liberty Podcast, Episode 209. A patent litigator friend of mine in Houston, Sandeep (Sandy) Seth, and I have squabbled about intellectual property law before. So he came over to my house and we had a little conversation where I tried to find a way to get him to see why IP law should be abolished. The results were predictable. The video is embedded below. Background links: “Conversation with an author about copyright and publishing in a free society” “The Non-Aggression Principle as a Limit on Action, Not on Property Rights,” StephanKinsella.com Blog (Jan. 22, 2010) “IP and Aggression as Limits on Property Rights: How They Differ,”StephanKinsella.com Blog (Jan. 22, 2010) Discussion on Facebook “Legal Scholars: Thumbs Down on Patent and Copyright” (Oct. 23, 2012) “The Overwhelming Empirical Case Against Patent and Copyright” (Oct. 23, 2012)
March 5, 2016
Kinsella on Liberty Podcast, Episode 208. [Transcript available here.] A conversation about intellectual property and libertarian and property theory with my old friend J. Neil Schulman. We discussed our differing views on IP, as a result of my comments on a recent post Patrick Smith: Un-Intellectual Property. Hey, I tried my best, but we never quite saw eye to eye. For further information, see Neil's posts Human Property, The Libertarian Case for IP; and Media-Carried Property (MCP). See also the comments here to The Origins of Libertarian IP Abolitionism and My Unfinished 30-Year-Old Debate with Wendy McElroy. For further material about Schulman’s logorights theory, see: Query for Schulman on Patents and Logorights; Kinsella v. Schulman on Logorights and IP; Schulman: “If you copy my novel, I’ll kill you”;  Replies to Neil Schulman and Neil Smith re IP; Schulman: Kinsella is “the foremost enemy of property rights”; On J. Neil Schulman’s Logorights; Reply to Schulman on the State, IP, and Carson. For some related material discussed, see Classical Liberals and Anarchists on Intellectual Property (discussing LeFevre) The Four Historical Phases of IP Abolitionism The Origins of Libertarian IP Abolitionism (on Konkin) The Death Throes of Pro-IP Libertarianism.
February 21, 2016
Kinsella on Liberty Podcast, Episode 207. A stand-alone episode recorded late at night on my iPhone—had to get it out, thinking about it was keeping me from sleeping. Audio quality is fine, though no pop filter or pro-microphone, as I just used my iPhone. Slight nasal cold leftover from snow-skiing trip altitude sickness is there, but it seems not to be too distracting. Background material: Against Intellectual Property, "IP as Contract" section Fraud, Restitution, and Retaliation: The Libertarian Approach (Feb. 3, 2009) The Problem with “Fraud”: Fraud, Threat, and Contract Breach as Types of Aggression (July 17, 2006) Stop calling patent and copyright “property”; stop calling copying “theft” and “piracy” A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 Reply to Van Dun: Non-Aggression and Title Transfer, Journal of Libertarian Studies, Volume 18, no. 2 (Spring 2004)
February 13, 2016
Kinsella on Liberty Podcast, Episode 206. I discussed various libertarian with Tom Woods on his show today, Episode 592. From Tom's show notes: Stephan Kinsella joins me to discuss negative/positive rights and obligations, “loser pays,” whether creation makes you an owner, how we can consider spam aggression, and more. Fun! Background materials for topics discussed: Spam: Why Spam is Trespass (Jan. 18, 2010) Kinsella & Tinsley, Causation and Aggression Positive rights and libertarianism: How We Come To Own Ourselves Objectivists on Positive Parental Obligations and Abortion Loser pays unlibertarian: See "Losing Patentee Pays" section of Reducing the Cost of IP Law Creation not a source of ownership: Hoppe on Property Rights in Physical Integrity vs Value Intellectual Freedom and Learning Versus Patent and Copyright “Locke on IP; Mises, Rothbard, and Rand on Creation, Production, and ‘Rearranging’,” Mises Economics Blog (Sep. 29, 2010) [updated C4SIF version, including Hoppe comments] “The Intellectual Property Quagmire, or, The Perils of Libertarian Creationism,” Austrian Scholars Conference 2008 (March 13, 2008) “Objectivist Law Prof Mossoff on Copyright; or, the Misuse of Labor, Value, and Creation Metaphors,” Mises Economics Blog (April 19, 2011) [archive version] Rand on IP, Owning "Values", and "Rearrangement Rights" Related/previous talks: KOL118 | Tom Woods Show: Against Fuzzy Thinking KOL 044 | “Correcting some Common Libertarian Misconceptions” (PFS 2011) “Libertarian Controversies” “Correcting some Common Libertarian Misconceptions,” 2011 Annual Meeting, Property and Freedom Society (May 28, 2011) [podcast here] KOL185: Clarifying Libertarian Theory (Liberty.me, July 2014)
February 3, 2016
Kinsella on Liberty Podcast, Episode 205. This is my Austrian AV Club Interview by Redmond Weissenberger, Director of the Ludwig von Mises Institute of Canada, back from Aug. 25, 2012. We had a long-ranging discussion on the issue of net neutrality, and we touched on other issues as well including various ways the state impinges on Internet freedom, such as in the name of IP (SOPA, ACTA), child pornography, terrorism, online gambling, and so on. For background on some of the issues discussed, see my posts Net Neutrality Developments; Kinsella on This Week in Law discussing IP, Net Neutrality; Against Net Neutrality.
January 17, 2016
Kinsella on Liberty Podcast, Episode 204. From episode 087 of the Outside the Music Box podcast, "A PODCAST ABOUT PEOPLE, Centered on Music," hosted by James Newcomb [later re-podcast by Newcomb for his Trumpet Dynamics podcast, Ep. 80 Intellectual Property Overview]. In this episode of Outside the Music Box, we discuss one of the most sacred cows in life, that of Intellectual Property (IP). Stephan explains his position that IP creates confusion regarding the whole concept of property in general. He then gives practical guidance on how to survive and even thrive in this brave new world of IP in which we find ourselves.
January 11, 2016
Kinsella on Liberty Podcast, Episode 203. This is a Libertarianism Q&A I did using the new Facebook Mentions "Live Video" feature (from this Facebook post). I fielded a few questions on various topics, e.g. verbal threats as assault, assault and battery, causality, praxeology, etc. Background: A Libertarian Theory of Punishment and Rights How We Come To Own Ourselves Causation and Aggression The Limits of Armchair Theorizing: The case of Threats The Problem with “Fraud”: Fraud, Threat, and Contract Breach as Types of Aggression Facebook Live Video below: // < ![CDATA[ (function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if (d.getElementById(id)) return; js = d.createElement(s); js.id = id; js.src = "//connect.facebook.net/en_US/sdk.js#xfbml=1&version=v2.3"; fjs.parentNode.insertBefore(js, fjs);}(document, 'script', 'facebook-jssdk')); // ]]> Libertarian Theory Q&A Posted by Stephan Kinsella on Monday, January 11, 2016
January 8, 2016
Kinsella on Liberty Podcast, Episode 202. I discussed the libertarian non-aggression principle with Tom Woods on his show today, Episode 566: Ep. 566 Why Are Some Libertarians Rejecting the Nonaggression Principle? 8th January 2016  It’s become fashionable in libertarian circles to ridicule the nonaggression principle. Stephan Kinsella and I speak in its defense. This one is long overdue. Column Discussed “Six Reasons Libertarians Should Reject the Non-Aggression Principle,” by Matt Zwolinski See also my: What Libertarianism Is Fraud, Restitution, and Retaliation: The Libertarian Approach (Feb. 3, 2009) The Limits of Armchair Theorizing: The case of Threats, Mises Blog (Jul. 27, 2006) The Problem with “Fraud”: Fraud, Threat, and Contract Breach as Types of Aggression (July 17, 2006)
January 7, 2016
Kinsella on Liberty Podcast, Episode 201. I was a guest today on the Mid-Life Criss podcast, episode 4, produced by my friend Jack Criss, of BAMSouth. We discussed my IP views, anarchy, and a few related matters. https://soundcloud.com/robert-dillard-689981544/mid-life-criss-show-4
December 23, 2015
Kinsella on Liberty Podcast, Episode 200. I was interviewed yesterday by Steve Rose of The Anarchist Standard about a libertarian/anarchist strategy and a variety of other matters. From his description: "Stephan and I discussed his path to anarchism, the changing labels for the liberty movement, artificial intelligence, religion, world government, and prospects for the future of liberty."
December 17, 2015
Kinsella on Liberty Podcast, Episode 199. I discussed legislation and law  with Tom Woods on his show today, Episode 557: Ep. 557 The State’s Corruption of Private Law, or We Don’t Need No Legislature 17th December 2015 Ever since we learned in school how a bill becomes a law, we’ve absorbed the idea that it’s normal for law to be imposed from the top down. But it’s possible, and indeed the historical norm, for law to emerge in a completely different, more libertarian-friendly way. Join me for a great conversation with Stephan Kinsella! About the Guest Stephan Kinsella is a registered patent attorney, lecturer, and author. He is the Director of the Center for the Study of Innovative Freedom, Founding and Executive Editor of Libertarian Papers, and blogger at The Libertarian Standard. Special Offer Get a FREE signed and personalized Tom Woods book for yourself when you buy a loved one a subscription to LibertyClassroom.com by Christmas. Drop me a line after buying and let me know what book you’d like and where I should send it. Related Links “Legislation and the Discovery of Law in a Free Society” (PDF) by Stephan Kinsella Liberty and Law (PDF), by Giovanni Sartori “The State’s Corruption of Private Law,” by Stephan Kinsella “Another Problem with Legislation: James Carter and the Field Codes,” by Stephan Kinsella Related Books Law, Legislation, and Liberty, vol. 1: Rules and Order, by F.A. Hayek Freedom and the Law, by Bruno Leoni Books by the Guest Against Intellectual Property International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk For some more related posts/resources: “Legislation and Law in a Free Society,” Mises Daily (Feb. 25, 2010) “Legislation and the Discovery of Law in a Free Society,” Journal of Libertarian Studies 11 (Summer 1995) Another Problem with Legislation: James Carter v. the Field Codes Kinsella & Rome, Louisiana Civil Law Dictionary (Quid Pro Books, 2011) Regret: The Glory of State Law KOL001 | “The (State’s) Corruption of (Private) Law” (PFS 2012) Hayek, Law, Legislation and Liberty, vol. 1 John Hasnas, The Myth of the Rule of Law David Kelley & Roger Donway, Laissez Parler: Freedom in the Electronic Media (linked here) Bruno Leoni, Freedom and the Law Giovanni Sartori, Liberty and Law (pdf) Shael Herman, The Louisiana Civil Code: A European Legacy for the United States Alan Watson, Roman Law and Comparative Law Idem, The Importance of “Nutshells”, AJCL, 1994 Why Airwaves (Electromagnetic Spectra) Are (Arguably) Property
December 15, 2015
Kinsella on Liberty Podcast, Episode 198. This is a discussion with Ash Navabi, an economics grad student at George Mason, who messaged me this question: Hi Stephan. I'm having a conceptual problem distinguishing IP and tangible property. In Against IP, you said that an IP right gives the IP owner "invariably transfer partial ownership of tangible property from its natural owner to innovators, inventors, and artists." But doesn't this apply to every property right? If I own a tract of land, why can't we say that if I ban you riding across it with your dirt bike, then I am claiming ownership over your dirt bike? I decided to just discuss this with him for the podcast. We ended up veering into a couple tangential issues like auctions for trade secrets in an IP-free world, and so on. Before we talked, I asked him to read: “The Non-Aggression Principle as a Limit on Action, Not on Property Rights,” StephanKinsella.com Blog (Jan. 22, 2010) “IP and Aggression as Limits on Property Rights: How They Differ,”StephanKinsella.com Blog (Jan. 22, 2010) Other materials mentioned during our discussion: Against Intellectual Property Roderick Long, Owning Ideas Means Owning People and The Libertarian Case Against Intellectual Property Rights The video is streamed below.
December 3, 2015
Kinsella on Liberty Podcast, Episode 197. I discussed Rothbardian/libertarian contract theory with Tom Woods on his show today: Ep. 547 The Central Rothbard Contribution I Overlooked, and Why It Matters 3rd December 2015 Stephan Kinsella explains the importance of Rothbard’s theory of contract — a point I myself did not appreciate until this episode — and contrasts it with mainstream theories, which most libertarians think are the same as their own. We need to get these fundamentals right, so listen in and learn with me! Articles Discussed “Toward a Reformulation of the Law of Contracts,” by Williamson M. Evers “A Libertarian Theory of Contract: Title Transfer, Binding Promises, Inalienability,” by Stephan Kinsella Book Discussed The Ethics of Liberty, by Murray N. Rothbard For some more related posts/resources: A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 [based on paper presented at Law and Economics panel, Austrian Scholars Conference, Auburn, Alabama (April 17, 1999)] Justice and Property Rights: Rothbard on Scarcity, Property, Contracts… KOL020 | “Libertarian Legal Theory: Property, Conflict, and Society: Lecture 3: Applications I: Legal Systems, Contract, Fraud” (Mises Academy, 2011)  around Slide 16: slides here The Libertarian View on Fine Print, Shrinkwrap, Clickwrap KOL146 | Interview of Williamson Evers on the Title-Transfer Theory of Contract KOL004 | Interview with Walter Block on Voluntary Slavery
October 28, 2015
Kinsella on Liberty Podcast, Episode 196. This is my appearance on the Jason Stapleton Program: Intellectual Property: A Libertarian Debate with Stephan Kinsella.
October 4, 2015
Kinsella on Liberty Podcast, Episode 195. This is my appearance on theThe 21st Century Anarchist Podcast Ep. 038: IP with Stephan Kinsella, with host Hermann Morris.
October 3, 2015
Kinsella on Liberty Podcast, Episode 194. This is an impromptu discussion with my wonderful parents, Norman and Patsy Kinsella, who live in Prairieville, Louisiana. We did this a couple days ago, Oct. 1, on my 50th birthday. As sometimes happens in October in Louisiana, the weather starts getting nice around that time, and so we were sitting outside on the porch and when my dad got out his ballot to vote by mail in an upcoming election, I whipped out my iPhone and did a quick interview with them about politics that I thought might be of interest to some of my followers. (N.b.: For those interested in more details on related matters, see How I Became A Libertarian (2002), later published as “Being a Libertarian” in I Chose Liberty: Autobiographies of Contemporary Libertarians.)
September 29, 2015
Kinsella on Liberty Podcast, Episode 193. This is my appearance on Albert Lu’s “The Economy” podcast. This is part 3 of 3. We discussed property rights, bitcoin ownership, intellectual property, and related matters. See also: KOL085 | The History, Meaning, and Future of Legal Tender Full video of all three parts below.
September 23, 2015
Kinsella on Liberty Podcast, Episode 192. This is my appearance on Albert Lu’s “The Economy” podcast, Episode 2015-9-23. This is part 2 of 3. From Albert Lu's description: Your host Albert continues the discussion with patent attorney Stephan Kinsella. In the second of a three-part interview, they discuss the concept of “ownership”. Topics Covered The entire world is made of hardware and owned by someone Fiat money is similar to Bitcoin How property rights arise de facto vs. de jure ownership What is a “good”? Part 1 is here: KOL191 | The Economy with Albert Lu: Can You Own Bitcoin? (1/3). Part 3 will follow in due course. Full video of all 3 parts here:
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