Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 1:42:16 — 93.6MB)
Kinsella on Liberty Podcast, Episode 172.
This is the first of 6 lectures of my 2011 Mises Academy course “Rethinking Intellectual Property: History, Theory, and Economics” (Tuesdays, Mar. 22-April 26, 2011; discussed on the Mises Blog in Study with Kinsella Online and in Rethinking Intellectual Property: Kinsella’s Mises Academy Online Course). I’ll release the remaining lectures here in the podcast feed in upcoming days.
The slides for the first lecture of this course are provided below, as are the “suggested readings” for the course. The course and other matters are discussed in further detail here. I also include in this first of the 6 podcasts for this series an introductory video for the course followed by the audio and slides for all 6 lectures. The “suggested readings” for each lecture are appended to the end of this post. I’ll include individual audio and slides for the following podcasts in this series.
Introductory video from the Mises Blog post Kinsella Can Be Your Professor:
Lecture 1: INTELLECTUAL PROPERTY IN HISTORY
Lecture 2: OVERVIEW OF JUSTIFICATIONS FOR IP; PROPERTY, SCARCITY, AND IDEAS
Lecture 3: EXAMINING THE UTILITARIAN CASE FOR IP
Lecture 4: IP STATUTES AND TREATIES; OVERVIEW OF JUSTIFICTIONS FOR IP; PROPERTY, SCARCITY AND IDEAS; RIGHTS-BASED ARGUMENTS FOR IP: CREATION AS A SOURCE OF RIGHTS
Lecture 5: PROPERTY, SCARCITY, AND IDEAS; EXAMINING RIGHTS-BASED ARGUMENTS FOR IP
Lecture 6: THE FUTURE; INTEGRATING IP THEORY WITH AUSTRIAN ECONOMICS AND LIBERTARIAN THEORY; PROPOSED REFORMS; IMAGINING A POST-IP WORLD; THE FUTURE OF OPEN VS. CLOSED
SUGGESTED READING MATERIAL
The “suggested readings” for each lecture are appended below. The links were internal Mises Academy links so would not work here, and I had no time to add individual links for all of them, but until I find time to code in the links, most of these materials can be found on stephankinsella.com/publications, c4sif.org/resources, mises.org, hanshoppe.com/publications, or on Wikipedia or by google search. (If there is a particular link you cannot find online, email me or add to the comments, and I’ll try to find it and update the post with that link.)
Main Texts
-
Kinsella, Against Intellectual Property (AIP)
-
Boldrin & Levine, Against Intellectual Monopoly (AIM)
LECTURE 1: INTELLECTUAL PROPERTY IN HISTORY
SUGGESTED READINGS
-
Legal Background:
-
AIP, pp. 9-14
Optional
-
Copyright Basics (US Copyright Office) URL
-
Copyright overview (LII/Cornell) URL
-
Patent law overview (LII/Cornell) URL
-
Patent introductory information (Ladas & Parry) URL
-
US Patent law information (USPTO) URL
History:
-
AIM, ch. 2, pp. 33-35 (“World Before Copyright” section); ch. 3, pp. 48-51 (“World Without Patent” section).
-
AIP, pp. 9-14
-
Statute of Anne (Wikipedia) URL
-
Stationers’ Company (Wikipedia) URL
-
History of patent law (Wikipedia) URL
-
Letters Patent (Wikipedia) URL
-
Statute of Monopolies 1624 (Wikipedia) URL
Optional
-
Krummenacker, Are “Intellectual Property Rights” Justified? (Historical Origins section)
-
Palmer, Intellectual Property: A Non-Posnerian Law and Economics Approach (pp. 264-71)
-
A Brief History of the Patent Law of the United States (Ladas & Parry)
LECTURE 2: OVERVIEW OF JUSTIFICATIONS FOR IP; PROPERTY, SCARCITY, AND IDEAS
SUGGESTED READINGS
Law
-
Defamation (Wikipedia)–beginning to Section 5 only
-
Uniform Domain-Name Dispute-Resolution Policy
History
-
Machlup, “An Economic Review of the Patent System” [pp. 2-5]
Optional
-
Machlup & Penrose, “The Patent Controversy in the Nineteenth Century,” [pp. 2-6, et pass.]
-
Frumkin, “The Origin of Patents“
Economic and Utilitarian Arguments
-
AIP, pp. 19-23
Optional
- AIM, ch. 7, esp. pp. 176-201
- Kinsella, There’s No Such Thing as a Free Patent
-
Machlup, “An Economic Review of the Patent System” [pp. 19-26 et seq., et pass.]
-
Machlup & Edith Penrose, “The Patent Controversy in the Nineteenth Century,” pp. 7-28
-
Hurt & Schuchman, “The Economic Rationale of Copyright“
Deontological/Natural Rights-Based Arguments
-
AIP, pp. 23-28
-
Ayn Rand Lexicon-Patents and Copyrights URL
-
Ayn Rand Lexicon-Production URL
Optional
-
Dale Halling, Ayn Rand on Intellectual Property URL
-
Kinsella, Comment to “Galambos and Other Nuts” URL
-
Machlup & Edith Penrose, “The Patent Controversy in the Nineteenth Century,” pp. 7-28 URL
-
Greg Perkins, Don’t Steal This Article! URL
-
Kinsella, Objectivists: “All Property is Intellectual Property” URL
-
Kinsella, Inventors are Like Unto … GODS … URL
-
Hurt & Schuchman, “The Economic Rationale of Copyright” URL
Property, Scarcity, Ideas
-
Tucker & Kinsella, “Goods, Scarce and Nonscarce“
-
AIP, pp. 28-42
Optional
-
Boudewijn Bouckaert, “What Is Property?“
-
Hoppe, A Theory of Socialism and Capitalism, chs. 1 & 2 (esp. pp. 13-15, 18-30); p. 158 & p. 158n120, et pass.
LECTURE 3: EXAMINING THE UTILITARIAN CASE FOR IP
SUGGESTED READINGS
***Note: Use same readings as for Lecture 2 starting with “History”–PLUS the new material re patent trolls linked below***
Law
-
Patent Troll email response Page
-
Hidden from students: Patent Troll email response URL
-
Patent Trolls and Empirical Thinking URL
-
Facebook Threatened by a Non-Patent Troll URL
OUTRAGE OF THE WEEK
-
Once Again, the Copyright/Trademark Tail Tries to Wag the Internet Dog
LECTURE 4: IP STATUTES AND TREATIES; OVERVIEW OF JUSTIFICTIONS FOR IP; PROPERTY, SCARCITY AND IDEAS; RIGHTS-BASED ARGUMENTS FOR IP: CREATION AS A SOURCE OF RIGHTS
SUGGESTED READINGS
***Note: Use same readings as for Lecture 2 starting with “Economic and Utilitarian Arguments”–PLUS the new material linked below***
Recent News & Outrages
-
Outrages: See following recent C4SIF entries: Hershey Claims Ownership of Orange, Brown and Tan Candy Wrappings; UK High Court Ruling Implies Headlines Are Copyright; Universities attacking high schools over trademarks; EFF rescues ASL Ally’s sign-langu URL
Law
-
Photography and the law URL
-
Key IP Statutes and Treaties
LECTURE 5: PROPERTY, SCARCITY, AND IDEAS; EXAMINING RIGHTS-BASED ARGUMENTS FOR IP
SUGGESTED READINGS
***read the material from Week 2 starting with “Deontological/Natural Rights-Based Arguments”***
LECTURE 6: THE FUTURE; INTEGRATING IP THEORY WITH AUSTRIAN ECONOMICS AND LIBERTARIAN THEORY;
PROPOSED REFORMS; IMAGINING A POST-IP WORLD; THE FUTURE OF OPEN VS. CLOSED
SUGGESTED READINGS
Outrages of the Week/Recent News
-
See recent postings on C4SIF.org (since Dec. 8) URL
Austrian Economics and IP
-
Kinsella, “Mises on Intellectual Property“ URL
-
Hayek and Rothbard references in “Other Publications and Resources” section URL
Libertarianism and IP
-
A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, pp. 30-33 URL
-
Kinsella, “Locke on IP; Mises, Rothbard, and Rand on Creation, Production, and “Rearranging”” URL
IP as Contract
-
AIP, pp. 45-55 (IP as Contract)
Reputation, Trademark, and Communication
-
Kinsella, “Reply to Van Dun: Non-Aggression and Title Transfer,” pp. 59-63 URL
Proposed Reforms
-
Kinsella, “Reducing the Cost of IP Law,” URL
Innovation in a Post-IP World
-
Kinsella, “Innovations that Thrive without IP URL
-
Kinsella, “Funding for Creation and Innovation in an IP-Free World ” URL
-
Kinsella, “The Creator-Endorsed Mark as an Alternative to Copyright” URL
OPTIONAL
-
Property Title Records and Insurance in a Free Society
***
Some of the video files for these lectures were preserved. They can be found here; the video for this particular lecture is embedded below.