<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: The Libertarian Case Against Intellectual Property: A Concise Guide</title>
	<atom:link href="http://www.stephankinsella.com/2009/09/04/the-libertarian-case-against-intellectual-property-a-concise-guide/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.stephankinsella.com/2009/09/04/the-libertarian-case-against-intellectual-property-a-concise-guide/</link>
	<description>Austro-Anarchist Libertarian Legal Theory</description>
	<lastBuildDate>Tue, 16 Mar 2010 18:58:37 +0000</lastBuildDate>
	<generator>http://wordpress.org/?v=2.9.2</generator>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: Patent Lawyers Who Don&#8217;t Toe the Line Should Be Punished! &#124; Austrian Economics Blog</title>
		<link>http://www.stephankinsella.com/2009/09/04/the-libertarian-case-against-intellectual-property-a-concise-guide/comment-page-1/#comment-3757</link>
		<dc:creator>Patent Lawyers Who Don&#8217;t Toe the Line Should Be Punished! &#124; Austrian Economics Blog</dc:creator>
		<pubDate>Wed, 30 Sep 2009 11:01:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.stephankinsella.com/?p=1347#comment-3757</guid>
		<description>[...] serious, good reasons to believe patent rights are false rights that do harm. See, e.g., my The Libertarian Case Against Intellectual Property: A Concise Guide; and other libertarian IP publications. If anything, my experience in the patent field shows me how [...]</description>
		<content:encoded><![CDATA[<p>[...] serious, good reasons to believe patent rights are false rights that do harm. See, e.g., my The Libertarian Case Against Intellectual Property: A Concise Guide; and other libertarian IP publications. If anything, my experience in the patent field shows me how [...]</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Patent Lawyers Who Don&#8217;t Toe the Line Should Be Punished!</title>
		<link>http://www.stephankinsella.com/2009/09/04/the-libertarian-case-against-intellectual-property-a-concise-guide/comment-page-1/#comment-3701</link>
		<dc:creator>Patent Lawyers Who Don&#8217;t Toe the Line Should Be Punished!</dc:creator>
		<pubDate>Tue, 29 Sep 2009 20:27:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.stephankinsella.com/?p=1347#comment-3701</guid>
		<description>[...] serious, good reasons to believe patent rights are false rights that do harm.  See, e.g., my The Libertarian Case Against Intellectual Property: A Concise Guide; and other libertarian IP publications. If anything, my experience in the patent field shows me how [...]</description>
		<content:encoded><![CDATA[<p>[...] serious, good reasons to believe patent rights are false rights that do harm.  See, e.g., my The Libertarian Case Against Intellectual Property: A Concise Guide; and other libertarian IP publications. If anything, my experience in the patent field shows me how [...]</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: John Donohue</title>
		<link>http://www.stephankinsella.com/2009/09/04/the-libertarian-case-against-intellectual-property-a-concise-guide/comment-page-1/#comment-2623</link>
		<dc:creator>John Donohue</dc:creator>
		<pubDate>Mon, 07 Sep 2009 07:35:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.stephankinsella.com/?p=1347#comment-2623</guid>
		<description>I made no flawed argument. You ignore what you can&#039;t refute many times in your response.

You final statement stands as your own suicide. Disgusting.</description>
		<content:encoded><![CDATA[<p>I made no flawed argument. You ignore what you can&#8217;t refute many times in your response.</p>
<p>You final statement stands as your own suicide. Disgusting.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Stephan Kinsella</title>
		<link>http://www.stephankinsella.com/2009/09/04/the-libertarian-case-against-intellectual-property-a-concise-guide/comment-page-1/#comment-2620</link>
		<dc:creator>Stephan Kinsella</dc:creator>
		<pubDate>Mon, 07 Sep 2009 06:18:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.stephankinsella.com/?p=1347#comment-2620</guid>
		<description>John Donohue:

&lt;blockquote&gt;However, having written a great novel, I decided to offer the ideas, thoughts, expressions, language of this novel to others and I created a physical object, a book, and sold this physical object to anyone with the price of admission with the express intention of delivering the content for personal enjoyment. But the sale in book form is conditional. I state the conditions of inside cover of the book. I do not convey permission to you to copy the content and claim you wrote it and go print your own book and give it away or sell it. You can also not do the same even if you mention my name on it. I did not convey that right to you. If you do not agree to these conditions, do not purchase the book. If you purchase the book and go against my wishes, you are a criminal. You did not seek nor respect my volitional consent.
&lt;/blockquote&gt;

Yes. This contract cannot bind third parties. I&#039;ve already dispatched this flawed argument.

&lt;blockquote&gt;The only way Stephan Kinsella can claim that there is no such stipulation, or that having bought a physical copy of the book he now ‘owns’ the property of the content of the book, is by doing violence to the homesteader’s will. You are TAKING the novel from me, not securing my consent. You have no claim to my property.&lt;/blockquote&gt;

For me to imprint a pattern on my property does not require that I have anyone&#039;s consent. I don&#039;t need to claim I &quot;own&quot; the pattern to do it. You need to show that I have breached an agreement with you. As an example, there are many people alive today who have never seen Star Wars but who know the basic plot and characters etc. from being alive. If one of them were to write, &quot;The Further Adventures of Han Solo,&quot; they could be stopped by George Lucas, even though they never signed an agreement with him. 

&lt;blockquote&gt;Mr. Kinsella don’t tell me there is no such thing as intellectual property,&lt;/blockquote&gt;

Too late!

&lt;blockquote&gt;or that rectification of theft of that content &lt;/blockquote&gt;

Question-begging. To call something theft of course implies there is intellectual &quot;property.&quot;

&lt;blockquote&gt;against the will of the creator is not a proper function of government.&lt;/blockquote&gt;

The only proper function of government is suicide.</description>
		<content:encoded><![CDATA[<p>John Donohue:</p>
<blockquote><p>However, having written a great novel, I decided to offer the ideas, thoughts, expressions, language of this novel to others and I created a physical object, a book, and sold this physical object to anyone with the price of admission with the express intention of delivering the content for personal enjoyment. But the sale in book form is conditional. I state the conditions of inside cover of the book. I do not convey permission to you to copy the content and claim you wrote it and go print your own book and give it away or sell it. You can also not do the same even if you mention my name on it. I did not convey that right to you. If you do not agree to these conditions, do not purchase the book. If you purchase the book and go against my wishes, you are a criminal. You did not seek nor respect my volitional consent.
</p></blockquote>
<p>Yes. This contract cannot bind third parties. I&#8217;ve already dispatched this flawed argument.</p>
<blockquote><p>The only way Stephan Kinsella can claim that there is no such stipulation, or that having bought a physical copy of the book he now ‘owns’ the property of the content of the book, is by doing violence to the homesteader’s will. You are TAKING the novel from me, not securing my consent. You have no claim to my property.</p></blockquote>
<p>For me to imprint a pattern on my property does not require that I have anyone&#8217;s consent. I don&#8217;t need to claim I &#8220;own&#8221; the pattern to do it. You need to show that I have breached an agreement with you. As an example, there are many people alive today who have never seen Star Wars but who know the basic plot and characters etc. from being alive. If one of them were to write, &#8220;The Further Adventures of Han Solo,&#8221; they could be stopped by George Lucas, even though they never signed an agreement with him. </p>
<blockquote><p>Mr. Kinsella don’t tell me there is no such thing as intellectual property,</p></blockquote>
<p>Too late!</p>
<blockquote><p>or that rectification of theft of that content </p></blockquote>
<p>Question-begging. To call something theft of course implies there is intellectual &#8220;property.&#8221;</p>
<blockquote><p>against the will of the creator is not a proper function of government.</p></blockquote>
<p>The only proper function of government is suicide.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: John Donohue</title>
		<link>http://www.stephankinsella.com/2009/09/04/the-libertarian-case-against-intellectual-property-a-concise-guide/comment-page-1/#comment-2619</link>
		<dc:creator>John Donohue</dc:creator>
		<pubDate>Mon, 07 Sep 2009 06:11:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.stephankinsella.com/?p=1347#comment-2619</guid>
		<description>Being A, I have no say in what B does with a bunch of paper and a pencil. He can draw up some stick figures and sell them on the street corner. He is the owner of that content.

However, having written a great novel, I decided to offer the ideas, thoughts, expressions, language of this novel to others and I created a physical object, a book, and sold this physical object to anyone with the price of admission with the express intention of delivering the content for personal enjoyment. But the sale in book form is conditional. I state the conditions of inside cover of the book. I do not convey permission to you to copy the content and claim you wrote it and go print your own book and give it away or sell it. You can also not do the same even if you mention my name on it. I did not convey that right to you. If you do not agree to these conditions, do not purchase the book. If you purchase the book and go against my wishes, you are a criminal. You did not seek nor respect my volitional consent.

The only way Stephan Kinsella can claim that there is no such stipulation, or that having bought a physical copy of the book he now &#039;owns&#039; the property of the content of the book, is by doing violence to the homesteader&#039;s will. You are TAKING the novel from me, not securing my consent. You have no claim to my property.

Well, I guess there is another, awful, claim. This would be that the invention of the novel, the intellectual content, is collectively owned by all comers -- or that it is unowned by anyone, including by the soul of the novelist. This is a sickening assault on the mind.

A hypothetical will illustrate. One night in camp, Denys persuades Karen to tell him a beautiful romantic story of two lovers. Her imagination is so rich she spins on for three hours, interrupted by wine and maybe lovemaking. Next day he goes off from her, as was his wont. In an evil moment, he writes down the story scene by scene. He knows Karen so well he captures her every nuance. In Mombassa he speaks to his agent about the manuscript. Together they print it up without crediting Karen Blixen (or Isaak Dinesen) and offer it to the world. It brings Denys more riches than all his other endeavors in life.

What rights does Karen have? If you say she has none, since it was Denys&#039; capital that bought his paper and ink and therefore Karen has no rights to &quot;his&quot; property, I am advising her to send a war party of Maasai after Denys and then over to your house to speak with you. 

Mr. Kinsella don&#039;t tell me there is no such thing as intellectual property, or that rectification of theft of that content against the will of the creator is not a proper function of government.</description>
		<content:encoded><![CDATA[<p>Being A, I have no say in what B does with a bunch of paper and a pencil. He can draw up some stick figures and sell them on the street corner. He is the owner of that content.</p>
<p>However, having written a great novel, I decided to offer the ideas, thoughts, expressions, language of this novel to others and I created a physical object, a book, and sold this physical object to anyone with the price of admission with the express intention of delivering the content for personal enjoyment. But the sale in book form is conditional. I state the conditions of inside cover of the book. I do not convey permission to you to copy the content and claim you wrote it and go print your own book and give it away or sell it. You can also not do the same even if you mention my name on it. I did not convey that right to you. If you do not agree to these conditions, do not purchase the book. If you purchase the book and go against my wishes, you are a criminal. You did not seek nor respect my volitional consent.</p>
<p>The only way Stephan Kinsella can claim that there is no such stipulation, or that having bought a physical copy of the book he now &#8216;owns&#8217; the property of the content of the book, is by doing violence to the homesteader&#8217;s will. You are TAKING the novel from me, not securing my consent. You have no claim to my property.</p>
<p>Well, I guess there is another, awful, claim. This would be that the invention of the novel, the intellectual content, is collectively owned by all comers &#8212; or that it is unowned by anyone, including by the soul of the novelist. This is a sickening assault on the mind.</p>
<p>A hypothetical will illustrate. One night in camp, Denys persuades Karen to tell him a beautiful romantic story of two lovers. Her imagination is so rich she spins on for three hours, interrupted by wine and maybe lovemaking. Next day he goes off from her, as was his wont. In an evil moment, he writes down the story scene by scene. He knows Karen so well he captures her every nuance. In Mombassa he speaks to his agent about the manuscript. Together they print it up without crediting Karen Blixen (or Isaak Dinesen) and offer it to the world. It brings Denys more riches than all his other endeavors in life.</p>
<p>What rights does Karen have? If you say she has none, since it was Denys&#8217; capital that bought his paper and ink and therefore Karen has no rights to &#8220;his&#8221; property, I am advising her to send a war party of Maasai after Denys and then over to your house to speak with you. </p>
<p>Mr. Kinsella don&#8217;t tell me there is no such thing as intellectual property, or that rectification of theft of that content against the will of the creator is not a proper function of government.</p>
]]></content:encoded>
	</item>
</channel>
</rss>
