Kinsella On Liberty

Kinsella on Liberty Podcast: Episode 421. This is my appearance on Episode 297 of The Local Maximum with host Max Sklar. Recorded Sep. 13, 2023, published Sep. 27, 2023. From their shownotes: Max talks to Stephan Kinsella, a libertarian intellectual property lawyer who ardently challenges the very foundations of IP. Kinsella delves deep into the core arguments underpinning intellectual property and the inherent fallacies. They also discuss the impact of generative AI on the copyright landscape. Transcript below. Transcript Max Sklar: You're listening to the Local Maximum episode 297. Narration: Time to expand your perspective. Welcome to the Local Maximum. Now here's your host, Max Sklar. Max: Welcome everyone, welcome, you have reached another Local Maximum. We are going to get a really interesting perspective on intellectual property today from Stephan Kinsella. He is an intellectual property lawyer who is actually against the whole concept of intellectual property that includes patents, copyright

Kinsella on Liberty Podcast: Episode 420. From the recently-concluded Seventeenth Annual (2023) Meeting of the PFS, Bodrum, Turkey (Sep. 24, 2023). The slide presentation is streamed below (ppt). This version uses my iphone audio. Professional audio and the video will be added later. It will also be podcast later on the Property and Freedom Podcast, as well as the panel discussion later in the day. Slides: Notes from the slides: Stephan Kinsella C4SIF.org • StephanKinsella.com @nskinsella Property and Freedom Society 2023 Annual Meeting Bodrum, Turkey September 24, 2023 Overview ►       Spoken about intellectual property (IP) before here (in 2010 and 2015), but today I’d like to talk about how I came to my current views §   And how figuring this out required coming to a deeper understanding and more clarity about the foundation and nature of rights, and property rights, in general ►       I came to the conclusion years ago that all IP law—patent, copyright, trademark, trade secret, and others—are comp

Kinsella on Liberty Podcast: Episode 419. This my Soho Forum debate held Aug. 21, 2023, in Manhattan, against Corey DeAngelis, of the American Federation for Children, moderated by Gene Epstein (ReasonTV article). I defended the resolution "Today’s school-choice movement in the U.S. is worthy of support by libertarians…" (taking the negative). Oxford debate rules applied which meant that whoever changed the most minds won. My side went from about 10 to 23 percentage points, gaining about 13; Corey went from about 45 to 64%, gaining about 19, so he won. I was pleased that we had an informative and civil debate about an important issue. (This is my second Soho debate; the first was KOL364 | Soho Forum Debate vs. Richard Epstein: Patent and Copyright Law Should Be Abolished.) My discussion notes are appended below. Results Today's school-choice movement in the U.S. is worthy of support by libertarians.                           Pre                 Post                Change Yes                   44.90%      

Kinsella on Liberty Podcast: Episode 418. This is a followup to KOL414 | Corporations, Limited Liability, and the Title Transfer Theory of Contract, with Jeff Barr: Part I. See that episode for more information and notes. In Part III, we need to talk about corporations. For more on that, see Corporate Personhood, Limited Liability, and Double Taxation.   https://youtu.be/5-Zvt59UlSk

Kinsella on Liberty Podcast: Episode 417. Part 3 of my video commentary on Larken Rose's recent comments on IP. For more information, see the description and links at KOL415: Commentary on Larken Rose, “IP: The Wrong Question”: Part 1. https://youtu.be/Q6dVF-DP-mY

Kinsella on Liberty Podcast: Episode 416. Part 2 of my video commentary on Larken Rose's recent comments on IP. For more information, see the description and links at KOL415: Commentary on Larken Rose, “IP: The Wrong Question”: Part 1. https://youtu.be/3W7ZSkzjOtQ

Kinsella on Liberty Podcast: Episode 415. Last year Larken Rose and I appeared on Patrick Smith's Disenthrall show, (( See KOL389 | Disenthrall, with Patrick Smith and Larken Rose: The Morality of Copyright “Piracy”. )) after Rose had posted some videos criticizing libertarians who pirated the HBO show "The Anarchists" as "poopheads," (( See "Pirating" Poopheads. )) even though he technically opposes IP. Or claims to. According to Rose, you should "throwing a couple dollars towards HBO" or something, to avoid being a poophead. He granted that someone pirating an already-leaked video file is not committing aggression (they have no contract with the creator), but they are a "jerk." Or "poop head." After all, the "creator" of the "content" put his "labor" into it and didn't "want it" to be pirated. And his "business model" depends on people "not pirating it." (( See KOL037 | Locke’s Big Mistake: How the Labor Theory of Property Ruined Political Theory. )) https://youtu.be/Gt3eZBrXcyE Or something. So you are

Kinsella on Liberty Podcast: Episode 414. Regarding this post, Libertarian Answer Man: Breach of Contract, Binding Obligations, and Impossibility, my old and longtime buddy Jeff Barr, a brilliant attorney and legal scholar and fellow Hoppean-Rothbardian (Jeff studied at UNLV under Rothbard and Hoppe), (( See Murray Rothbard as a Teacher: The UNLV Years—A Panel with Rothbard’s Former Students (AERC 2023). ))  discussed these issues in further depth today. https://youtu.be/1jtDoShqnmI Jeff and I, it turns out, to my surprise (given past discussions), agree mostly on corporate limited liability, (( See my post Corporate Personhood, Limited Liability, and Double Taxation. )) and Jeff claims to also agree with the Rothbard-Evers take on contracts—the title-transfer theory. We also agree on terminology, legal issues, possession vs. ownership, and so on. (( Libertarian Answer Man: Self-ownership for slaves and Crusoe; and Yiannopoulos on Accurate Analysis and the term “Property”; Mises distinguishing between juri

Kinsella on Liberty Podcast: Episode 413. I was asked to make a guest appearance on SwanBitcoin's Café Bitcoin Tuesday today Aug. 1, 2023), where we discussed law versus legislation, the impacts of sound money on social character, and related matters. It was also posted on their podcast feed (iTunes; Spotify; google) and I include here my segment. Related: Legal Foundations of a Free Society (2023) Chapter 13, Legislation and the Discovery of Law in a Free Society Another Problem with Legislation: James Carter v. the Field Codes (Oct. 14, 2009) Classificationism, Legislation, Copyright, C4SIF (Oct. 25, 2011)

Kinsella on Liberty Podcast: Episode 412. As noted in KOL409 (Part 1: Patent Law) and KOL411 (Part 2: Copyright Law), although I’ve done dozens of speeches and interviews over the past 20 or so years on libertarian aspects of intellectual property, or IP, that is, on IP policy, I’ve never done any in depth lectures for libertarians on IP law itself. In KOL409, I did a brief overview of various types of IP law, and then focused on the patent law and patent application process itself. KOL411 was a tutorial on copyright law. This episode covers other types of IP, including trademark and trade secret, and argues that defamation law should be considered a type of IP law as well. (Recorded May 11, 2023.) The slides I used are streamed below and here (powerpoint) and streamed below. https://youtu.be/DQ0MXbBn264

Kinsella on Liberty Podcast: Episode 411. As noted in KOL409 (Part 1: Patent Law), although I've done dozens of speeches and interviews over the past 20 or so years on libertarian aspects of intellectual property, or IP, that is, on IP policy, I've never done any in depth lectures for libertarians on IP law itself. In KOL409, I did a brief overview of various types of IP law, and then focused on the patent law and patent application process itself. This episode provides a tutorial on copyright law. (Recorded Thursday, April 27, 2023.) See additional note below. The slides I used are streamed below and here (.pptx) and streamed below. https://youtu.be/1yziV15ZGso In the Q&A session, a participant asked a question about joint ownership of patents and patent licensing. In the lecture I had pointed out that for co-authors of a copyright-protected work, each has the right to license the work, without permission of the other co-author(s), but has to share any profits (make an accounting) with them. The quest

Kinsella on Liberty Podcast: Episode 410. This is my appearance on Robert Breedlove’s What Is Money podcast, Ep. 6 (WiM303) (Youtube channel). This is Ep. 6 of the “Stephan Kinsella Series” (released April 21, 2023). From Robert’s Episode notes: EPISODE SUMMARY Stephan Kinsella joins me to continue our discussion about the book "A Theory of Socialism and Capitalism: Economics, Politics, and Ethics" by Hans-Hermann Hoppe. We discuss the impact of incentive schemes on productivity, the fake communism of the USSR, modern-day slavery, and why Bitcoin is the ultimate solution to centralization. EPISODE NOTES Stephan Kinsella joins me to continue our discussion about the book "A Theory of Socialism and Capitalism: Economics, Politics, and Ethics" by Hans-Hermann Hoppe. We discuss the impact of incentive schemes on productivity, the fake communism of the USSR, modern-day slavery, and why Bitcoin is the ultimate solution to centralization. // OUTLINE // 00:00:00 - Coming up 00:01:25 - Intro 00:02:59 - Help

Kinsella on Liberty Podcast: Episode 409. It occurred to me recently that although I've done dozens of speeches and interviews over the past 20 or so years on libertarian aspects of intellectual property, or IP, that is, on IP policy, I've never done any in depth lectures for libertarians on IP law itself. Today's discussion did a brief overview of various types of IP law, and then focused on the patent law and patent application process itself. It was followed with Q&A at the end. I plan to do followup episodes focusing on copyright and perhaps some other areas. The slides I used are streamed below and here (.pptx). I also used the following documents in my talk: sample patent application; sample patent prosecution history (USPTO); Sample issued patent 10054762; Apple design patent for touchscreen device with rounded corners; sample red ribbon copy. https://youtu.be/Qrz55dB40TQ

Kinsella on Liberty Podcast: Episode 408. This is my appearance on The Soul of Enterprise, Episode 432, with hosts Ed Kless and Greg Tirico. Recorded Friday, March 24, 2023. Their shownotes are below. Ron and Ed recently welcomed patent attorney and advocate for abolishing intellectual property, Stephan Kinsella to the show. We explored what is (and is not) intellectual property and then had a conversation about why Stephan thinks these forms of property should not exist and why the world would be better if they did not. ... Use these notes to follow along with the show: Segment one: Ron first heard Stephan Kinsella on the Tom Woods show, episode 2145. Link is here: https://tomwoods.com/ep-2145-does-intellectual-property-exist/ Stephan started out of law school in a big law firm. He has been a solo practitioner for the last 8-10 years but he’s “pretty much” retired now :) Stephan published the original article about 20 years ago, “Against Intellectual Property” and here is a new, more general

Kinsella on Liberty Podcast: Episode 407. This is a short conversation I had with James Cox about copyright and fair use back in 2016 (Feb. 26). We also talk about the safe harbor in the DMCA and the §230 safe harbor in the CDA. https://www.youtube.com/live/wJ2sYz70gc4?feature=share  

Kinsella on Liberty Podcast: Episode 406. This is my appearance on Robert Breedlove’s What Is Money podcast, Ep. WiM282 (Youtube channel). This is Ep. 6 of the “Stephan Kinsella Series” (released March 8, 2023). From Robert’s Episode notes: In this episode, Stephan Kinsella joins me for an in-depth conversation about the book "A Theory of Socialism and Capitalism: Economics, Politics, and Ethics" by Hans-Hermann Hoppe. We discuss the harmful effects of socialism, how to take proper action in an increasingly uncertain future, and the alternative to socialism. https://youtu.be/EgeLlOFkC1U

Kinsella on Liberty Podcast: Episode 405. This is my appearance on Robert Breedlove’s What Is Money podcast, Ep. WiM235 (Youtube channel). This is Ep. 5 of the “Stephan Kinsella Series” (released Nov. 9, 2022). From Robert’s Episode notes: Stephan Kinsella is an American intellectual property lawyer, author, and deontological anarcho-capitalist. He joins me for an in-depth conversation about the book "A Theory of Socialism and Capitalism: Economics, Politics, and Ethics" by Hans-Hermann Hoppe. https://youtu.be/J-eXmuBp-e4

Kinsella on Liberty Podcast, Episode 404. This was my Webinar presentation at the Freedom Hub Working Group, billed as: "For Over-Drugging of our Bodies and Food, Blame INTELLECTUAL Property" (Wed., Feb. 9, 2023), with co-hosts Jim Grapek and Charles Frohman. It was released under the title "How Humanity’s Progress Has Been Held Back: The Case Against IP (Intellectual Property)." Rumble: !function(r,u,m,b,l,e){r._Rumble=b,r[b]||(r[b]=function(){(r[b]._=r[b]._||[]).push(arguments);if(r[b]._.length==1){l=u.createElement(m),e=u.getElementsByTagName(m)[0],l.async=1,l.src="https://rumble.com/embedJS/uc1wv9"+(arguments[1].video?'.'+arguments[1].video:'')+"/?url="+encodeURIComponent(location.href)+"&args="+encodeURIComponent(JSON.stringify([].slice.apply(arguments))),e.parentNode.insertBefore(l,e)}})}(window, document, "script", "Rumble"); Rumble("play", {"video":"v26kgic","div":"rumble_v26kgic"}); Youtube: https://youtu.be/hRm-PIxHS1Q From their Shownotes: Whenever a politician gets pinned down for the lous

Kinsella on Liberty Podcast, Episode 403. I was a guest today (Jan. 27, 2023) on The Bitcoin Group #343, on the World Crypto Network (Youtube channel), hosted by Thomas Hunt @MadBitcoins. The other panelists included the CryptoRaptor (Dan Eve); Ben Arc; Martin @generalbyltes. We discussed a variety of topics. https://youtu.be/878nyinOyqQ Shownotes: Featuring… Joshua Scigala (https://twitter.com/Vaultoro) Dan Eve (https://twitter.com/cryptopoly) Stephan Kinsella (https://twitter.com/NSKinsella) and Thomas Hunt (https://twitter.com/MadBitcoins)

Kinsella on Liberty Podcast, Episode 402. This is my presentation (audio only) at the Austrian Economics Discord Conference: “Inflation, Money, and the State,” Austrian Economics Discord Server (Jan. 7–8, 2023); my talk was "Inflation: Its Causes, Effects, Parallels and Death in a Bitcoin World." Previous appearance: KOL371 | Austrian Economics Discord Conference: Law, Decentralized and Centralized. My talk below: https://youtu.be/Uvi05GJE5LM   Final trailer: https://youtu.be/890corLQKFM Original trailer: https://youtu.be/AgsocsxhIws For last year's, see: “Law: Decentralized and Centralized,” Austrian Economics Discord Conference: “The Enduring Importance of the Austrian School,” Austrian Economics Discord Server (Jan. 8–9, 2022) [KOL371]. Related material: Paul Cantor, Hyperinflation and Hyperreality Theodore Dalrymple, "Inflation’s Moral Hazard" Guido Hülsmann, The Ethics of Money Production Adam Fergusson, When Money Dies Hoppe, Democracy: The God That Failed, ch. 1 and TSC, p. 27, on