The Voluntary Life: IP Is Bad For Business

February 28, 2013

Podcast episode from Australian podcast The Voluntary Life (which I appeared on previously in 2010; see Author Interview: Stephan Kinsella on Against Intellectual Property; see also Against Intellectual Property: A Follow Up Discussion): 11 FEBRUARY 2013 96 Entrepreneurship Part 13: IP Is Bad For Business An episode about the problems with Intellectual Property, from the perspective of an entrepreneur. [...]

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Masnick on the libertarian position on patents

February 27, 2013

In a recent Techdirt post discussing a Reason TV video called How Patent Trolls Kill Innovation (see below), Masnick notes: Nothing in the story or the video will really be all that new to regular Techdirt readers, but it’s great to see more attention being given to the problems of patent trolls and how they harm innovation. It’s also great [...]

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KOL 025 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Intellectual Property, Ron Paul vs RonPaul.Com, Aaron Swartz, Corporatism

February 27, 2013

From the Kinsella on Liberty Podcast, Episode 025: KOL 025 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Intellectual Property, Ron Paul vs RonPaul.Com, Aaron Swartz, Corporatism by STEPHAN KINSELLA on FEBRUARY 27, 2013 in INTELLECTUAL PROPERTY,KINSELLA ON LIBERTY PODCAST Kinsella on Liberty Podcast, Episode 025. This is my appearance on Michael Shanklin’s Triple-V: Voluntary Virtues Vodcast with Michael Shanklin [...]

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IP Debate with Wenzel Looms

February 26, 2013

As I noted in Kinsella vs. Wenzel on IP, Bob Wenzel and I agreed last month to have a joint podcast debate-discussion about IP. I thought we would have done it by now, but Wenzel said at the time that he needs until April, so the lastest plan is to do it April 1, for podcast release by April [...]

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Dislike: Facebook Sued for Patent Infringement

February 22, 2013

Nice piece on a recent patent absurdity by a Facebook friend of mine, Joseph S. Diedrich, “Dislike: Facebook Sued for Patent Infringement,” about a lawsuit against Facebook for using the “Like” button by one Joannes Jozef Everardus van Der Meer, who “patented a ‘Like’ button for his primitive social networking site Surfbook in 1998.” The article [...]

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Copyright versus Free Speech and Public Access to Federal Laws and Regulations

February 22, 2013

The heroic EFF is battling the efforts of the Sheet Metal and Air Conditioning Contractors (SMACNA) to use copyright law to prevent the online publication of its 1985 standard on air-duct leakage, even though the standard is federally-mandated and ”an integral part of model codes, such as the International Energy Conservation Code.” As EFF notes: “The [...]

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Derek Khanna: “Taking on real reform in a post-SOPA world – let’s start with cellphone unlocking”

February 22, 2013

From boingboing; for more on Khanna see Heroic and Radical Republican Study Committee Copyright Reform Proposal Retracted under Pressure from MPAA and RIAA: Taking on real reform in a post-SOPA world – let’s start with cellphone unlocking Derek Khanna at 11:30 am Fri, Feb 22 Yale Law Fellow, columnist and policy expert Derek Khanna authored the [...]

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More Trademark insanity: Renegade changes the name of Ryeteous IPA after legal threat from Brooklyn’s Sixpoint Brewery

February 21, 2013

More trademark nonsense. I guess you could also just go to the UN for help. Ahem. From Westword. For related posts, see: Budweiser trademark dispute (see also Chip Wood, A Bully-Boy Beer Brewer, Straight Talk (Oct. 16, 2007)) 9th Circuit Appeals Court Says Its Ok To Criticize Trademarks After All, Against Monopoly (Sept. 26, 2007) Kinsella, Trademarks and Free Speech, Mises Blog (Aug. [...]

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Team Brittany: The Great IP Debate AKA Jeffrey Tucker Love Fest

February 21, 2013

What a treat; here we have three smart, young libertarian ladies (“Team Brittany”) debating intellectual property in a quite sound and sophisticated way. Good stuff. See also Anarchast Ep. 58 with Brittany of “Team Brittany”.

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KOL022 | “Libertarian Legal Theory: Property, Conflict, and Society: Lecture 5: Intellectual Property and Related” (Mises Academy, 2011)

February 21, 2013

From the Kinsella on Liberty Podcast: Episode 022. This is lecture 5 (of 6) of my 2011 Mises Academy course “Libertarian Legal Theory: Property, Conflict, and Society.” I’ll release the remaining lectures here in the podcast in upcoming days. This lecture’s topic is “Intellectual Property and Related,” and discusses: Overview of types of IP Origins of IP The nature [...]

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Kinsella on Liberty Podcast: Liberty Beat Interview

February 18, 2013

From Kinsella on Liberty Podcast: Episode 017: KOL017 | Liberty Beat Interview (Intellectual Property and cetera) by STEPHAN KINSELLA on FEBRUARY 18, 2013 in INTELLECTUAL PROPERTY,KINSELLA ON LIBERTY PODCAST Kinsella on Liberty Podcast: Episode 017. I was interviewed last night on the Liberty Beat podcast, episode 33 (Sunday, Feb. 17, 2013). Hosts Daniel Benoy, David Shepherd, and Chinaman. We had a [...]

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Knapp: Networking Technologies

February 17, 2013

  Networking technologies Thomas L. Knapp It’s never really possible to understand all of a person’s problems or how those problems might play into the decision to take his or her own life, but it’s a good bet that the 35-year prison sentence and $1 million fine hanging over Aaron Swartz’s head played a significant [...]

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Obama tries to clarify exactly who deserves state-granted patents and protection from competition

February 15, 2013

From the EFF: Obama Calls for Patent Reform to Topple Trolls In a welcome turn of events, President Barack Obama spoke directly to the patent troll problem and the need for more comprehensive patent reform yesterday in a “Fireside Hangout” — a live question and answer session hosted in a Google+ hangout. The President was responding to [...]

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Infoworld: Save Silicon Valley—abolish patents now

February 14, 2013

From Infoworld: Save Silicon Valley — abolish patents now Despite attempts at reform, the patent system is such a mess that the only way to save it is to destroy it By Bill Snyder | InfoWorld  Remember Jonathan Swift’s “A Modest Proposal“? Well, two very serious guys — economists at the Federal Reserve Bank in St. Louis — [...]

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SOPA II? Obama’s Transatlantic Trade and Investment Partnership

February 14, 2013

Yes, “we” temporarily killed SOPA. But now that the state has offed one of SOPA’s opponents, Aaron Swartz, maybe they can resume the march to ratchet up IP protections at the behest of Hollywood and the music industry. SOPA is just a drop in the bucket; see my previous post Death by Copyright-IP Fascist Police State [...]

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Recent Kinsella on Liberty Podcasts on IP: RonPaul.com; YAL Interview

February 13, 2013

KOL016 | Ron Paul vs. RonPaul.com: Adam Vs. The Man Interview by STEPHAN KINSELLA on FEBRUARY 13, 2013 in INTELLECTUAL PROPERTY,KINSELLA ON LIBERTY PODCAST,LIBERTARIANISM Kinsella on Liberty Podcast: Episode 016. I appeared last night on Adam vs. the Man (episode 192) to discuss the Ron Paul v. Ronpaul.com dispute. Our segment goes from about 1:30:30 to about 1:54:30, which [...]

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DOES RON PAUL OWN HIS NAME?

February 12, 2013

Amidst all the flap about Ron Paul trying to take control of ronpaul.com through the ICANN dispute resolution procedures, an interesting argument has surfaced: namely, that Ron Paul’s name is his “intellectual property,” and he is within his (natural, libertarian) rights to control its use. Most arguments for “intellectual property” center on the act of [...]

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Rad Geek (Charles Johnson)’s “Anticopyright” Declaration

February 6, 2013

Charles Johnson (aka Rad Geek) has a great sally against copyright up at his site (see below). Johnson, like most of the libertarian left (along with the Austrians and anarchos), has been consistently great on IP for a long time now (unlike the minarchists, Randians and utilitarians). E.g. see his “Patents Kill” (I) and “Patents Kill“ (II), [...]

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Games Workshop trademark bullying goes thermonuclear: now they say you can’t use “space marine” in science fiction

February 6, 2013

Yet another illustration that trademark law is also incompatible with private property rights and free markets: in a post by Cory Doctorow from Boing Boing: Games Workshop trademark bullying goes thermonuclear: now they say you can’t use “space marine” in science fiction.

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Journal of Economic Perspectives Symposium on Patents

February 5, 2013

In a previous post I cited The Overwhelming Empirical Case Against Patent and Copyright. Not only economists, but legal scholars are very skeptical of IP (Legal Scholars: Thumbs Down on Patent and Copyright). Nonetheless the basic IP system of patent and copyright retains is primacy and the patina of legitimacy. In the past most academic and scholarly symposia [...]

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The anti-IP podcasts of Wes Bertrand and Complete Liberty

February 5, 2013

From TLS: Complete Liberty: The Demise of the State and the Rise of Voluntary America, by Wes Bertrand by STEPHAN KINSELLA on FEBRUARY 4, 2013 @ 9:03 PM I recently came across the website and podcast ”Complete Liberty,” by Wes Bertrand, also featuring Bertrand’s 2007 book Complete Liberty: The Demise of the State and the Rise of Voluntary America (print; PDF). The podcast [...]

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Amazon Patents ‘Maintaining Scarcity’ of Goods

February 5, 2013

From Slashdot: Amazon Patents ‘Maintaining Scarcity’ of Goods Posted by Unknown Lamer on Tuesday February 05, @08:03AM from the moldy-bits dept. theodp writes“Back in Biblical times, creating abundance was considered innovative. That was then. Last Tuesday, GeekWire reports, the USPTO awarded Amazon.com a broad patent on reselling and lending ‘used’ digital goods for an invention that Amazon boasts can be used [...]

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“To Steal a Book is an Elegant Offense” —Chinese saying

February 5, 2013

I came across this fascinating expression from the book To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization (1995), by William P. Alford, which I am reading now. The saying is complemented by a quote from Confucius that leads off ch. 2: The Master [Confucius] said: I transmit rather than create; I [...]

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Antigua’s David stands up to the US Goliath using international copyright

February 4, 2013

Five years ago I noted that tiny Antigua was engaging in clever copyright manœuvering to use copyright law against the mighty United States in a trade dispute. You see, the US, in its fascist, maniacal zeal to Control Everything, including online gambling, retaliated against Antigua for not sufficient punishing its subjects for engaging in online gambling. [...]

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The Upcoming “Patent Cliff”

February 4, 2013

Haha. More distortions caused by legislation: The Upcoming “Patent Cliff”: Plan To File New Patent Applications Before March 16, 2013. For background, see Legislation and Law in a Free Society; and “Obama’s Patent Reform: Improvement or Continuing Calamity?,” Mises Academy webinar (discussed in my article “Obama’s Patent Reform: Improvement or Continuing Calamity?,” Mises Daily, Sep. 23, 2011; I discussed the [...]

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5 Absurd Copyright Takedowns That Make The Law Look Outdated

February 4, 2013

From readwrite play: 5 Absurd Copyright Takedowns That Make The Law Look Outdated. But it’s not “outdated”; it’s immoral and unjust. These are just examples to illustrate that. Whenever you have unjust, non-objective law, you will have bad consequences.

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Kinsella vs. Obama on IP Cartoon

February 4, 2013

Funny cartoon from the Facebook Spontaneous Order Society group.

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Another form of IP: publicity and “privacy” rights

February 4, 2013

As I noted in Types of Intellectual Property, patent and copyright are not the only forms of IP, though they are the two worst; there are also trademarks and trade secrets, in addition to reputation/defamation law, and also the right of publicity and the somewhat related right against “invasion of privacy.” For a recent example [...]

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Yet more disanalogies between copyright and real property

February 4, 2013

In Classifying Patent and Copyright Law as ‘Property’: So What?, I noted that some libertarian proponents of IP, like Richard Epstein and Adam Mossoff, try to defend IP by arguing that it “can” be treated like property by a legal system. As I explain there, it is not really relevant whether it “can” or not. Libertarians [...]

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School system seeks copyright ownership of students’ work in Maryland

February 3, 2013

For all the IP dupes out there who think patent copyright are necessary to protect the “little guy” against big companies…. see this boingboing post… maybe one of these days Cory Doctorow will actually oppose all copyright, not just want to reform it. School system seeks copyright ownership of students’ work in Maryland Xeni Jardin at [...]

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KOL009 & 010: Decline to State interview on IP and Anarchy

February 2, 2013

From my Kinsella on Liberty podcast: KOL010 | Decline to State Aftershow: Q&A by STEPHAN KINSELLA on FEBRUARY 2, 2013 in INTELLECTUAL PROPERTY I appeared recently on Decline to State, discussing Locke, property rights, intellectual property, anarchy, and so on; see KOL009. I also participated in the Aftershow. From their description: Show #39.1: Aftershow for January 23 2013 Stephan Kinsella joins us [...]

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Patent trolls as mafioso (and that’s a compliment)

February 2, 2013

There is no denying that patent trolls—or “non-practicing entities”, companies that assert patents that do not cover any products they sell—impose large costs on the economy. See “Patent Trolls” Cost Productive Companies $29 Billion in 2011, Stall Innovation, and Hurt Small Businesses and Patent Trolls Cost The Economy Half A Trillion Dollars since 1990. But as bad as trolls are, [...]

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Patents Kill: Millions Die in Africa After Big Pharma Blocks Imports of Generic AIDS Drugs

January 31, 2013

As I noted in The tepid mainstream “defenses” of Aaron Swartz, patents impose hundreds of billions of dollars of cost on the economy and impede and distort innovation and competition; patent literally kill people (millions of people have died from AIDS in Africa because Big Pharma and the US have blocked generic drugs in the name of patents; [...]

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Kinsella vs. Wenzel on IP

January 31, 2013

Bob Wenzel and I have agreed to have a joint podcast debate-discussion about IP. We discussed this over a week ago. I thought we would do it sooner, but Wenzel says he needs until April, so we are planning to do it April 1, for podcast release by April 7 or so. For background: Wenzel [...]

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Mark Cuban’s Proposals to Improve Patent Law

January 31, 2013

As I noted in The tepid mainstream “defenses” of Aaron Swartz, the patent system is imposing devastating costs on life, property, and liberty: Patents impose hundreds of billions of dollars of cost on the economy and impede and distort innovation and competition; patent literally kill people (millions of people have died from AIDS in Africa because Big Pharma [...]

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Jeff Tucker: Does Creativity Alone Create a Special Entitlement?

January 31, 2013

Excellent piece by Jeff Tucker from the LFB blog. For related discussion, see my posts: Locke on IP; Mises, Rothbard, and Rand on Creation, Production, and ‘Rearranging’, Locke, Smith, Marx and the Labor Theory of Value Hume on Intellectual Property and the Problematic “Labor” Metaphor” Objectivist Law Prof Mossoff on Copyright; or, the Misuse of [...]

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Trademark Ain’t So Hot Either…; Trademark and Fraud

January 31, 2013

I posted the following on the Mises blog and the Against Monopoly blog a couple years ago. See also here for other posts on trademark; both of these are discussed extensively in episode 93 of the excellent Complete Liberty podcast. Trademark Ain’t So Hot Either… David–sure, it is understandable why you are “much more favorably [...]

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The tepid mainstream “defenses” of Aaron Swartz

January 29, 2013

We enemies of copyright are understandably upset by the Aaron Swartz tragedy. He was an innocent, heroic Internet freedom activist. He downloaded some files from JSTOR—not a real crime by any reasonable standard of justice—and then his Javert-like federal persecutor hounded him and threatened him with decades in a federal cage and a lifetime as [...]

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