≡ Menu

Zeidman, Why Libertarians Should Support a Strong Patent System

This tweet rattled my cage. I listened to enough of it to see it’s just another pro-IP engineer repeating the standard bogus arguments. Ayn Rand Fan Club 99: Bob Zeidman on Forensics, IP, AI, Election Fraud & Poker

(I appeared previously on this podcast: KOL470 | Intellectual Property & Rights: Ayn Rand Fan Club 92 with Scott Schiff.) Zeidman tweeted a link to his older pro-article that he mentioned during the discussion: Bob Zeidman & Eashan Gupta, “Why Libertarians Should Support a Strong Patent System,” IPWatchdog.com (Jan. 5, 2016). That it was published on the site of IPWatchdog.com, the site run by patent shill and blowhard-buffoon Gene Quinn1, does not augur well, but is not a surprise.

My tweeted response:

[continue reading…]

  1.  Desperate Patent Troll’s Plan to get Trump to Unblock his old patent applications to replace tariff games. []
Share
{ 0 comments }

Copyright is not a Verb; A Work is not “Copyrighted”

[From my Webnote series]

Related:

Okay, maybe linguistically it has become verbicized, even though this practice gives rise to false implications (such as hypocrisy: Kinsella, if you don’t believe in copyright, why did you copyright your book?1 Answer: I don’t, as much as possible (see the CC-BY or CC0 notices on my websites and most publications), nor was Against Intellectual Property “copyrighted” by the Mises Institute [nor would it by hypocritical if it were]).2

From a Grok conversation:

Prompt: Are you sure it’s correct to use copyright as a verb as you did? It’s not as if the JB “is copyrighted” by the translator or publisher, like an invention is patented because the inventor filed a patent application. Don’t such works automatically receive copyright protection? [continue reading…]

  1. KOL470 | Intellectual Property & Rights: Ayn Rand Fan Club 92 with Scott Schiff (“This is my book. It came out two years ago. This has all my arguments in it. Legal Foundations. You said it’s not copyrighted. Well, it’s copyrighted because all copyright is automatic, but I have a Creative Commons Zero license on there. So, I’ve made it public domain as much as the law will allow me to make it. Yeah, I’ve had three or four smartasses say things like, “This is you, there’s so many bad arguments for IP.” They’ll say, “Oh, well, Kinsella.” First, I get the hypocrisy argument. “Oh, you’re a practicing patent lawyer, so you’re a hypocrite.” I’m like, well, so basically, the only people you want to complain about IP law are people who don’t know anything about it?”); Let’s Make Copyright Opt-OUT; Copyright is very sticky!; Are anti-IP patent attorneys hypocrites?; “Oh yeah? How would like it if I copy and publish your book under my name?!”: On IP Hypocrisy and Calling the Smartasses’ Bluffs; “The Death Throes of Pro-IP Libertarianism” (Mises Daily 2010) (from Darcy: “Communism and opposition to property rights is hardly a new idea.

    The Mises Institute copyrights its material, and so it is itself a proponent of IP demonstrated in action.”); Authors: Don’t Make the Buddy Holly Mistake (from Stranger: “a CC license is still a copyright – the Mises Institute will use force on those who copy their books without making a reference to the Mises Institute. … The Mises Institute did not have to include an attribution clause in its copyright notice.”); Mises Institute: Do As They Say, Not As They Do? (Robert Wenzel). []

  2. See the copyright page of the PDF, and also the note on the page for Against Intellectual Property:

    N.b.: The copyright notice printed on this edition of my work is factually and legally incorrect: the copyright is held by me, not by the Mises Institute. And the copyright is 2001, the year the article was first published, not 2008. To be clear, and as indicated already in the footer to my Stephankinsella.com website, which hosts this work:

    CC0To the extent possible under law, N. Stephan Kinsella has waived all copyright and related or neighboring rights to “Against Intellectual Property,” first published in the Journal of Libertarian Studies 15, no. 2 (Spring 2001). This work is published from: United States.

    If this CC0 grant fails to be legally enforceable for any reason [see “Copyright is very sticky!”], I hereby grant a Creative Commons Attribution 4.0 International license (, or CC BY 4.0) as a fallback.

    As a second fallback I hereby estop myself and any legal heirs from asserting copyright in this work.

    So I don’t want to hear from any legally illiterate, disingenuous smartasses  saying “Oh yeah? If you are against copyright, why did you copyright your article? See “Oh yeah? How would like it if I copy and publish your book under my name?!”: On IP Hypocrisy and Calling the Smartasses’ Bluffs.”

    And as I explained previously,

    they [Mises Institute] didn’t copyright it. they put a copyright notice on it that was false. they said they have copyright; they do not, since it was not a work for hire and I never assigned it in writing. I have the copyright, and all my work it on stephankinsella.com with CC-BY applied to try to liberate it as much as the state will let me. It’s bizarre for pro-copyrgiht people to blame me for having copyright that their system imposes on me against my will. It’s like telling a black guy that he has no right to be against affirmative action or anti-discrimination laws since he is eligible to use these laws if he wants. why is it his fault if statist impose laws on society?”

    From I am Stephan Kinsella, a patent attorney and Austrian economics and anarchist libertarian writer who thinks patent and copyright should be abolished. AMA. []

Share
{ 0 comments }

Related:

Adam Haman of Haman Nature: None of us hate patent trolls nearly enough. In fact, all of IP has serious flaws that need fixing – or abolishing.

Jan. 26, 2026

I used to think Intellectual Property (IP) was valid. Why wouldn’t I? After all, my business school insisted patents were vitally necessary to incentivize production and innovation. Even Ayn Rand, my gateway to libertarianism, insisted IP was a moral necessity, saying:

“Patents and copyrights are the legal implementation of the base of all property rights: a man’s right to the product of his mind.”

[continue reading…]

Share
{ 0 comments }

Ash Navabi, former GMU econ grad student (see previous podcast discussion with him),1 now a law student at Thomas Jefferson School of Law, sent me this presentation he gave in his copyright class: “This Week in Copyright: Copywrong? The Legal & Economic Case for the Abolition of Intellectual Property” (pptx; pdf). Heroic!

  1. KOL198 | Intellectual Property as Limits on Property; Trade Secrets and Contract []
Share
{ 0 comments }

In a recent podcast episode, Greenland, Guns, and Money, Richard Epstein predicts Trump’s use of tariffs under IEEPA might be nixed by the Supreme Court, and that he has suggested that if this happens he will find some other way to do it, but it’s not clear what.

There is a recent IPWatchdog podcast interview of Gil Hyatt, Pioneering AI Innovations and Legacy: A Conversation with Inventor Gil Hyatt / IPWatchdog Unleashed, by patent shill and blowhard-buffoon Gene Quinn, who has never met a patent he doens’t like (he has argued for a “patent stimulus plan”: “If we really want to get out of this economic downturn we need a Patent Stimulus Plan. … What we need to do is have President Obama issue an Executive Order directing the Patent Office to start allowing patents.” ).1

[continue reading…]

  1. A “Patent Stimulus” to End the Recession? []
Share
{ 1 comment }

IP, Innovation, Impedance, and the Schlaraffenland

I often rail against IP because it impedes innovation.1 As I wrote in one post,

Patent law distorts and impedes innovation. It makes us all poorer. There is no evidence that it does what the retarded Founders thought it would do—promote the progress of the useful arts (inventions)

… Patent law reduces innovation and impoverishes the human race. As I wrote elsewhere: [continue reading…]

  1.  IP Answer Man: Death Toll of Patent Law; The Death Throes of Pro-IP Libertarianism. []
Share
{ 0 comments }

Related:

"Stealing Isn't Innovation" IP Propaganda Ad Campaign
I woke up this morning to my daily NY Times news brief email, only to find embedded therein this propaganda, the “Stealing Isn’t Innovation” campaign, which is “a project of the Human Artistry Campaign, a global coalition of more than 180 groups around the world supporting responsible, ethical AI.” The letter’s A and I in the slogan are highlighted in blue to drive the point home—this is about killing AI. It’s a group of artists and other copyright whores who want to shakedown AI tech companies with the threat of killing it with copyright. [continue reading…]

Share
{ 0 comments }

Who Will Own Your Digital Twin?: Right of Publicity, etc.

Related

As a friend told me, “I saw this article, and thought you might either be amused or horrified as congress attempts to use copyright law to solve problems caused by … copyright law.”

Trey Popp, Who Will Own Your Digital Twin?, The Pennsylvania Gazette (24 Dec 2025) [continue reading…]

Share
{ 0 comments }

Patent holders just hate any challenges to their state-granted patent monopolies.1 They want their IP rights to be treated like “property rights,”2 and never challenged, either administratively or in court, so that they can be “relied upon”3 and serve as more effective weapons to threaten and extort their victims.4 They also hate legislative proposals that would make it more difficult to engage in patent trolling,5 such as The Litigation Transparency Act of 20256 or the more recent bill proposed by Representative Daryl Issa, The Protecting Third Party Litigation Funding from Abuse Act.7 [continue reading…]

  1. US Inventor, INVENTOR RIGHTS RESOLUTION, which, in crayon, writes “The USPTO MUST NOT REVIEW AN ISSUED PATENT WITHOUT CONSENT OF THE INVENTOR.”  []
  2. The Structural Unity of Real and Intellectual PropertyThe “Ontology” Mistake of Libertarian CreationistsObjectivists: “All Property is Intellectual Property”A Recurring Fallacy: “IP is a Purer Form of Property than Material Resources”. []
  3. Industry Opposition to Patent Challenges. []
  4. Patent trolls as mafioso (and that’s a compliment)“Investment Grade Patents are not for Rent Seeking … They are for business negotiations”; Hsieh and Mossoff on IP and Sewing Machines. []
  5. Patent Trolls, Bad Patents, and Incompetent Examiners are Not the Problem []
  6. Issa, House Colleagues Launch Reform of Third-Party Financed Civil Litigation, Issa Press Release (Feb. 7, 2025); H.R.1109 – Litigation Transparency Act of 2025. []
  7. H.R. 7015 (IH) – Protecting Third Party Litigation Funding From Abuse Act; Chad Hemenway, APCIA Backs Federal Bill to Require Litigation Funding Disclosure, Insurance Journal (Jan. 13, 2026).  []
Share
{ 0 comments }

Smartass Patent Hijinks: Self-referential Patent

Related:

When I was practicing patent law with Schnader Harrison and then Duane Morris in Philadelphia, I was Editor-in-Chief/Founding member, PBA IP Law Section [archived] Newsletter, 1997–98.1 In one issue (PBA IP Law Newsletter (Summer 1998)), I posted this: [continue reading…]

  1. See also “Is Intellectual Property Legitimate?“, Pennsylvania Bar Association Intellectual Property Newsletter 1 (Winter 1998): 3; republished in the Federalist Society’s Intellectual Property Practice Group Newsletter, vol. 3, Issue 3 (Winter 2000) [Audio: KOL445]. []
Share
{ 0 comments }

Fixing Healthcare and Abolishing Pharmaceutical Patents

From StephanKinsella.com:

***

Jeffrey Tucker’s recent article, “Small Steps Toward Medical Freedom,” The Epoch Times (Jan. 6, 2026) has several provocative “urgent priorities for U.S. medical-insurance reform”. Writes Tucker: [continue reading…]

Share
{ 0 comments }

Jonathan Tepper and Denise Hearn, The Myth of Capitalism: Monopolies and the Death of Competition (2019) [continue reading…]

Share
{ 0 comments }

[From my Webnote series]

Related:

“advocates for IP often cannot distinguish patent, copyright, trademark, and trade secret from each other (and yet support them anyway)” The Problem with Intellectual Property, n.30

See also:

Share
{ 4 comments }

Concise Tweet on the Problem with IP

[From my Webnote series]

[continue reading…]

Share
{ 0 comments }