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). Youtube, Slides, and Transcript below. This podcast is Part 2, covering most of the remaining 41 issues, some of which are noted below. ❧ Topics discussed: IP by Contract It’s in the Constitution! Utilitarian arguments for IP Commerce Dept. Study Prize system Venture Capital/startup funding Questions as Arguments You want something for free! IP abolitionists are not successful creators But you’re a patent lawyer… Okay, I’ll take your stuff and sell it! The plague of plagiarism No innovation without IP Tabarrok: Patent Policy on the Back of a Napkin You can’t make money without IP Identity theft Argument by grammar/semantics/emotion IP infringement is: knocking off, ripping off, stealing, taking, theft, piracy (“because” IP is “property”) Argument by possessive: it’s “your” idea; whose else would it be? IP used to work well, but now it's “broken” The perils of “reform” Don’t throw out the baby with the bathwater Intuition How would s/he get paid? Randian: Man's purpose is to "create values", so he needs to own the “products of his creation”. Perils of argument by metaphor Anti-IP is Anti-Intellect, anti-creativity you own the fruits of your labor IP is/is not about protecting “ideas” Odd distinctions between “implementations” of ideas or “innovation” and “ideas” Patents: Innovation vs. Disclosure Only leftists would oppose IP Patent and Copyright could exist under anarchy/at common law Pharmaceuticals! We need IP to stop piracy! Conflict over ideas/Good ideas is scarce! EM spectrum and IP Computer Hacking and IP ❧ Intellectual Nonsense: Fallacious Arguments for IP—Part 2 by Stephan Kinsella (Transcript for the unfinished a speech delivered at Libertopia 2012 (San Diego, Oct. 12, 2012), Oct. 18, 2012) [transcript for Part 1] STEPHAN KINSELLA: So this is Stephan Kinsella.  It’s Thursday, October 18.  I intend this to be part two, or the conclusion of my Libertopia lecture.  In Libertopia, I gave a talk, about a 45-minute talk on – well, it would have been 45 minutes.  It was about 40 minutes because there was a question at the end by Neil Schulman the last five minutes.  Anyway, the talk was on Intellectual Nonsense: Fallacious Arguments for Intellectual Property, or IP, and I had about 65 or 6 slides prepared of notes for myself of topics to discuss.  I got to about slide 25, so there’s several topics left to discuss.  I thought what I would do is just go through those slides now, so I’ve already put the slides up on my website, c4sif.org, and you can view them there, download them, look them in Google Docs, etc.  The – and there are several hyperlinks embedded in there. So the next topic I wanted to talk about is the common argument you hear quite often, which is that we could form intellectual property by contract or that intellectual property like patent and copyright are justified as a type...