The Structural Unity of Real and Intellectual Property

[From my Webnote series]

• Stephan Kinsella, “Against Intellectual Property After Twenty Years: Looking Back and Looking Forward,” in Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023), Part IV.I. In particular, references in notes 75-76 et pass.
• A Recurring Fallacy: ‘IP is a Purer Form of Property than Material Resources’”
• Richard Epstein on “The Structural Unity of Real and Intellectual Property” (Mises 2006)
• Classifying Patent and Copyright Law as “Property”: So What?
• Trump’s Proclamation World Intellectual Property Day, 2025: Of course these geniuses just repeat the same nonsense about IP being “the same as” property and how infringing IP is “theft” of course they are insinuating China “steals American IP,” all of which are confused bullshit lies and distortions. See The China Stealing IP Myth; Copying, Patent Infringement, Copyright Infringement are not “Theft”, Stealing, Piracy, Plagiarism, Knocking Off, Ripping Off; KOL460 | Rant about the “China is Stealing Our IP” Myth
• Demented Cato “Doctor” Wants to Strengthen Patent Law (“This Term’s alignment of rights in trademarks and copyright with traditional rights in real property is a welcome baby step (indeed, two steps) forward for the Court, which in recent years has refused to put other intellectual property rights on par with real property. One can only hope that the Court will soon explicitly tie the intellectual property rights to the law of real property. One also hopes that while doing so, the Court will take a third step in the right direction by again treating patent rights on par with real property.” Gregory Dolin, M.D., “Intellectual Property in OT 2022: Two Baby Steps in the Right Direction,” Cato Supreme Court Review 2022–2023)

See also IP is Not “Not Property”