Freakonomics: Does Copyright Make Books Disappear?

August 9, 2013

On the Freakonomics blog, Kaul Raustiala and Chris Sprigman (the latter mentioned here previously) discuss the phenomenon copyright suppression of some older works because of a combination of the orphan works problem and long copyright terms. This has been discussed here before at How long copyright terms make art disappear. The post is repixeled below. Good for […]

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Hayek’s Views on Intellectual Property

August 2, 2013

Some of Hayek’s views on patent and copyright have already been collected in previous blogposts (see below). Steve Horwitz just called to Jeff Tucker’s attention another provocative comment of Hayek’s on this topic, in his Constitution of Liberty. This is from chapter 3 (which is reprinted here) (emphasis added): 3. The rapid economic advance that […]

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Yaron Brook on the Appropriate Copyright Term

July 29, 2013

Objectivist Yaron Brook on the Leonard Peikoff podcast answers a question about how long the duration of copyright should be. Well, I should say, he attempts to answer the question. No, he doesn’t even quite do that. He just “punts”; says he doesn’t know and that this is the domain of legal philosophy. He says […]

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More defenses of IP by the Federalist Society

July 29, 2013

Economists and legal scholars have long been skeptical of IP,1 and libertarians in recent decades have become even more skeptical; most nowadays are in favor of abolishing IP altogether.2 So it is passing strange that the Federalist Society, allegedly a group of conservative and libertarian lawyers, is completely dominated by pro-IP discourse. You would never know […]

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Joseph Diedrich: Intellectual Property Cannot Be Property

July 29, 2013

From the MacIver Institute, a Wisconsin free market group: Intellectual Property Cannot Be Property July 16, 2013 by Joseph Diedrich Special Guest Perspective for the MacIver Institute What is property? More specifically, at its essential theoretical core, beyond the artifice of legal fiat, what is property? Somewhat broadly, property is anything that satisfies each of […]

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Bill Gates: Flip-Flopping IP Hypocrite

July 29, 2013

A couple decades ago, Bill Gates seemed to have some appreciation of the damage wrought by patent law: If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today. I feel certain that some large company […]

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Falkvinge: Language Matters: Framing The Copyright Monopoly So We Can Keep Our Liberties

July 14, 2013

From the great Rick Falkvinge. For related see Intellectual Poverty, Are Patents “Monopolies”? and Intellectual Properganda. Language Matters: Framing The Copyright Monopoly So We Can Keep Our Liberties Rick Falkvinge July 14, 2013 George Orwell was scaringly right in many ways, but one of his most overlooked points is one of the most important. The language we use […]

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Evangelization vs. Copyright

July 6, 2013

Thought-provoking piece by Jeff Tucker: Evangelization vs. Copyright by Jeffrey Tucker Brandon Vogt really liked the new papal encyclical but noted that the Vatican only made it available in HTML. So he worked to convert it to PDF, epub, Mobi, and more, and then he gave away these formats on his website. Perhaps he was inspired by the […]

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How long copyright terms make art disappear

July 6, 2013

Good post by Cory Doctorow illustrating how copyright is a type of censorship—in this case, it suppresses the dissemination of books caught in the copyright “black hole” as a result of the combination of copyright terms, the orphan works problem (which is a result in part of the lack of a requirement for copyright registration […]

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Recent StephanKinsella.com Podcasts and Blog Posts of Interest

July 4, 2013

  Portugese translation of Against Intellectual Property; KOL070 | Interview on Red Ice Radio (Sweden) about Libertarianism, Property Rights, IP KOL069 | Thinking Liberty Interview on IP (2011) KOL068 | James Cox: Why Man Made Law Is Slavery! KOL067 | Patent and Copyright are Unconstitutional! KOL066 | LiveFreeFM with Nathan Fraser KOL065 | Guest on The […]

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Falkvinge: The Copyright Monopoly Was Always Intended To Prevent Freedom Of Expression

June 4, 2013

From Rick Falkvinge at Torrent Freak: The Copyright Monopoly Was Always Intended To Prevent Freedom Of Expression Rick Falkvinge April 14, 2013 As I was explaining the need for copyright monopoly reform in Dublin this week, an elderly gentleman red-faced with rage exclaimed in the Q&A session that the copyright monopoly was absolutely crucial for […]

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Music industry: enforce copyright enforcement by surgically-implanted neural shunts, haha

June 3, 2013

On This Week in Law #213, the hosts were discussing DRM and the upcoming X-Box One, and speculation, based on a Microsoft patent, about whether that system might move away from standard DRM to  “visual DRM“—an Orwellian system where the Kinect looks around the room with its camera, counts the number of people watching a movie […]

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My IP Odyssey

May 30, 2013

I became libertarian in 1982, as a junior in high school, after reading Ayn Rand’s novels and nonfiction books. A few years later I was in law school and a nascent anarchist and Rothbardian, having by this time rejected Rand’s attacks on libertarianism and anarchism. And I had always had qualms about her pro-IP arguments.1 […]

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“Around this time I met the Galambosian.”

May 29, 2013

A great anecdote from Jerome Tuccille’s hilarious It Usually Begins with Ayn Rand, about one of the stranger kooks in the libertarian movement, Andrew Galambos.1 I quoted this way back in the Summer 1998 issue of the Pennsylvania Bar Association IP Law Newsletter (which I founded in 1997):  Around this time I met the Galambosian. “I am […]

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Karl Hess and Robert Anton Wilson: Thumbs Down on IP (1987)

May 22, 2013

From Karl Hess and Robert Anton Wilson Discuss Everything, a Q&A session at a 1987 Libertarian Party convention, an audience member asks them about their opinion on “so-called intellectual property rights,” and Apple’s assertion of IP claims over its computer systems (at 1:13:53). Hess first replies that he thinks IP rights are “difficult to enforce” and Wilson […]

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Dante’s Divine Comedy and Intellectual Property

May 18, 2013

Interesting article at Strike-the-Root by Lawrence Ludlow, Dante’s Divine Comedy and the Divine Origins of the Free Market, which makes some interesting connections between Dante’s Divine Comedy, the free market, and (anti) intellectual property theory. An excerpt: In short, Virgil asks Dante to abandon his outmoded economic paradigm of command-and-control economics, where the Diktat of economic viziers […]

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Does Innovation Require the Patent Office?

May 10, 2013

From Jeff Tucker at Laissez Faire Today: Does Innovation Require the Patent Office? Jeffrey Tucker · May 10, 2013  Two years ago, I spoke to a gentlemen who had started and sold four companies. He was currently working on a new project that sounded very promising (for all I know, he has already sold that one too). […]

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Study: Patent Claims Causing Firms to Exit Business Lines

May 6, 2013

From the Insurance Journal, more depressing evidence about the baleful effects of the anti-competitive, anti-property rights fascist patent system: Patent Claims Causing Firms to Exit Business Lines: Study May 6, 2013 Patent demands are taking a big toll on technology companies, with results that range from forcing companies to tweak their products to exiting their […]

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EU Antitrust Ruling Says Google Abusing Patent Position in German Lawsuit Against Apple

May 6, 2013

From MacRumours: EU Antitrust Ruling Says Google Abusing Patent Position in German Lawsuit Against Apple Monday May 6, 2013 7:01 am PDT by Eric Slivka The New York Times reports that Google and its Motorola Mobility unit have been found to be abusing their patent dominance in 3G wireless networking technology by the European Commission. The ruling, […]

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Recent Discussions on the Abolition of Patents for Inventions in the United Kingdom, France, Germany, and the Netherlands: Evidence, Speeches, and Papers in Its Favour: With Suggestions as to International Arrangements Regarding Inventions and Copyright (1869)

May 2, 2013

Great find by David Koepsell: A book published in 1869, Recent Discussions on the Abolition of Patents for Inventions in the United Kingdom, France, Germany, and the Netherlands: Evidence, Speeches, and Papers in Its Favour: With Suggestions as to International Arrangements Regarding Inventions and Copyright, ed. by Robert Andrew Macfie (London: Longmans, Green, Reader and Dwyer, 1869; […]

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How the Decision Not to Patent Gave Rise to the Internet

May 1, 2013

Interesting post from NPR about CERN’s decision in 1993 not to patent the basic protocol of the world-wide web. If they had not done this who knows what would have happened. (It is odd that they contacted law professor Mark Lemley to ask him whether the web could have been patented, as Lemley was never a […]

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Cory Doctorow, Victim of Fox Copyright Legal Bullying, Should Take A Stand Against Copyright

April 27, 2013

As reported by ars technica, Fox is using federal copyright law and the DMCA process to bully author Cory Doctorow. His novel Homeland has the same title as the Fox television series, but otherwise has nothing to do with it. Having the same title is not a copyright violation as titles are too short to […]

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Nina Paley: Make Art, Not Law

April 26, 2013

From QuestionCopyright.org, a great interview with Nina Paley. For some background on problems Paley alludes to re CC0, see my post Copyright is very sticky!. Make Art, Not Law. Submitted by admin on Fri, 2013-04-19 15:56 QCO Artist-in-Residence Nina Paley’s interview with at Baixa Cultura, conducted by email with journalist and photographer André Solnik. The English below is the […]

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German Parliament says: Stop Granting Software Patents

April 24, 2013

Good news, but of course, it misses the fundamental problem which is the patent itself. The problem is not low quality patents or software patents or “abuse” of patents. Even if you get rid of these problems, the fundamental problem remains: the state is granting anti-competitive monopoly privileges that entrenched market players can use to […]

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Copyrights, Fundamental Rights, and the Constitution

April 22, 2013

From Freedom to Tinker, on the “liberal” IP fascist Scott Turow: Copyrights, Fundamental Rights, and the Constitution APRIL 22, 2013 BY ANNEMARIE BRIDY 9 COMMENTS There was a lot to take issue with in Scott Turow’s recent op-ed in The New York Times. Turow, who is currently President of the Authors Guild, took to The Times to criticize the Supreme Court’s decision inKirtsaeng […]

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Against Intellectual Property in French

April 22, 2013

My monograph Against Intellectual Property is now available in a French translation, as Contre la propriété intellectuelle Écrit (PDF). It was translated by Xavier Gillard. My work has now been translated into fourteen other languages.  

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Japan even worse than US on copyright?

April 18, 2013

Sad, especially given that Asia was traditionally better on copyright than the West has been (well, at least in China: “To Steal a Book is an Elegant Offense” —Chinese saying). From Crunchyroll.com: Tokyo Man Arrested for Uploading “Accel World” Anime Episode The battle between the Japanese police and illegal uploaders continues Mikikazu Komatsu April 18, 2013 […]

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Thoughts on the Great IP Debate

April 14, 2013

My comment on Thoughts on the Great IP Debate: “The argument against IP does not rest on being anarchist or even anti-legislation. It simply rests on the assumption that property rights in scarce resources are a good thing. Once you accept this, IP becomes impossible to justify. You cannot have both: property rights in scarce resources […]

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Locke’s Big Mistake: How the Labor Theory of Property Ruined Political Theory: Transcript

April 13, 2013

This is a transcription of my speech Locke’s Big Mistake: How the Labor Theory of Property Ruined Political Theory. I have cleaned up a few things and added a few links and notes.

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Libertarian Papers Ranked “A” by Excellence in Research for Australia/Australian Research Council

April 10, 2013

From the site for the C4SIF’s journal Libertarian Papers: Libertarian Papers Ranked “A” by Excellence in Research for Australia (ERA)/Australian Research Council (ARC) I was informed recently by that Libertarian Papers has received a quite good ranking from the Australian Research Council’s (ARC) Excellence in Research for Australia (ERA), an Australian Government body that deals with academic […]

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CEO of Danish CopyrightAlliance: “Control is Freedom!”

April 9, 2013

Maria Fredenslund, the CEO of the Danish CopyrightAlliance, in a debate in which she argues for increased control of the Internet in the name of copyright, proclaims that “control is freedom.” She lauds the “highly controlled and regulated society we live in” and insists that “control gives us freedom.” You see, “Control and regulation creates […]

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Are Ideas Movable or Immovable?

April 8, 2013

As I note in my What Libertarianism Is, a property right is simply the legally recognized exclusive right to control a scarce resource. The question is always: who owns a particular, potentially contestable, scarce (rivalrous) resource?1 The way the great legal systems of the world—e.g. the common law and civil law (Roman law, continental law)—deal with this […]

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Questions about Homesteading and Rothbard’s Contractual Copyright Ideas from a Student

April 8, 2013

I received a query about IP from Aaron Easler, a student at Grove City College who had taken a recent course “Economics of Intellectual Property,” taught by my friend Jeff Herbener and covering my Against Intellectual Property. His message to me is reprinted below, with permission, as is my reply. Hi Stephan, I don’t know […]

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Monsanto, steaks, and chefs: Intellectual property and food

April 8, 2013

From the Washington Times: Monsanto, steaks, and chefs: Intellectual property and foodSunday, April 7, 2013 - The Business of Living by Joseph S. Diedrich RELATED COLUMNS Even libertarians wrong on Monsanto Protection Act Dislike: Facebook Sued for Patent Infringement MADISON, Wisc., April 7, 2013 ― With all the current controversy over agricultural biotechnology company Monsanto, many are missing […]

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Rothbard’s “High Tech ‘Crime’: A Call for Papers” (1983)

April 7, 2013

Note: The complete Libertarian Forum (1969-85) is available in epub and PDF. A great piece by Rothbard: “High Tech ‘Crime’: A Call for Papers,” from the July–August, 1983 issue. My previous version has typos; I have replaced it with the superior epub/html version here. THE LIBERTARIAN FORUM Murray N. Rothbard, Editor A MONTHLY NEWSLETTER Vol. XVII, No. […]

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Debate with Robert Wenzel on Intellectual Property

April 1, 2013

From my Kinsella on Liberty podcast: KOL 038 | Debate with Robert Wenzel on Intellectual Property by STEPHAN KINSELLA on APRIL 1, 2013 in INTELLECTUAL PROPERTY,KINSELLA ON LIBERTY PODCAST,LIBERTARIANISM Kinsella on Liberty Podcast, Episode 038. Blogger Robert Wenzel and I had a “debate” earlier today about IP, to be jointly put up on my podcast and his Economic Policy […]

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Mises Canada: Intellectual Property: A Classical Liberal and a Libertarian Assessment

April 1, 2013

This is a nice, concise piece by Predrag Rajsic, posted at Mises.ca. More and more libertarians are getting it. (See The Origins of Libertarian IP Abolitionism, The Four Historical Phases of IP Abolitionism, The Death Throes of Pro-IP Libertarianism,  Have You Changed Your Mind About Intellectual Property?, Yet another Randian recants on IP.)   Intellectual Property: A Classical Liberal and […]

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Jeff Tucker on Intellectual Property and Publishing: Prometheus Unbound Podcast

March 28, 2013

From Prometheus Unbound: PUP003 | Interview with Jeffrey Tucker by GEOFFREY ALLAN PLAUCHÉ on MARCH 27, 2013 @ 8:05 AM in Featured Posts, Interview Podcasts, IP, Novels   In episode three of the Prometheus Unbound Podcast, Matthew and I have a fantastic interview with the wonderful Jeffrey Tucker, editor of Laissez Faire Books. It’s a long one, about an hour and fifteen […]

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