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Kinsella on Liberty Podcast: Episode 412.

As noted in KOL409 (Part 1: Patent Law) and KOL411 (Part 2: Copyright Law), although I’ve done dozens of speeches and interviews over the past 20 or so years on libertarian aspects of intellectual property, or IP, that is, on IP policy, I’ve never done any in depth lectures for libertarians on IP law itself. In KOL409, I did a brief overview of various types of IP law, and then focused on the patent law and patent application process itself. KOL411 was a tutorial on copyright law.

This episode covers other types of IP, including trademark and trade secret, and argues that defamation law should be considered a type of IP law as well. (Recorded May 11, 2023.) [continue reading…]

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I’ve been fascinated with the inter-Austrian debate on fractional-reserve banking for years.1 My view has long been that fractional reserve freebanking (FRB) is not inherently fraudulent and should not be illegal; but that economically it makes no sense. I think Huerta de Soto’s Roman legal analysis of irregular deposit warehouse banking is correct,2 and that there is a distinction between the savings/warehousing function and credit intermediation. (Thus, our UK banking system reform proposal from a few years back.)3 [continue reading…]

  1. See The Great Fractional Reserve/Freebanking Debate (Jan. 29, 2016); Fractional-Reserve Banking, Contracts of Deposit, and the Title-Transfer Theory of Contract (Aug. 12, 2009).  []
  2.  Huerta de Soto, Money, Bank Credit, and Economic Cycles. []
  3. UK Proposal for Banking Reform: Fractional-Reserve Banking versus Deposits and Loans (Sept. 14, 2010). []
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Bouckaert, “What is Property?” (1990)

I have profited from Professor Boudewijn Bouckaert’s insightful essay “What Is Property?”, Harv. J. L. & Pub. Pol’y 13, no. 3 (Summer 1990): 775–816, which was part of a symposium on Law and Philosophy which also included Tom Palmer’s seminal article on IP.1

Unfortunately, Bouckaert’s article is not available online other than behind the HeinOnline paywall. Below I will briefly highlight some of the key insights that helped illuminate the IP issue for me, as can be seen by my citations to and quotations from this paper in Against Intellectual Property. I quote here a relevant passage from AIP, with endnotes: [continue reading…]

  1. Tom G. Palmer, “Are Patents and Copyrights Morally Justified? The Philosophy of Property Rights and Ideal Objects,” Harv. J. L. & Pub. Pol’y 13, no. 3 (Summer 1990): 817–65. []
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Fritz Machlup & Edith Penrose, “The Patent Controversy in the Nineteenth Century,” J. Econ. History 10, no. 1 (May 1950): 1–29. Shamefully, this article is not available online. A compressed discussion of this matter can be found in Fritz Machlup, U.S. Senate Subcommittee On Patents, Trademarks & Copyrights, An Economic Review of the Patent System (85th Cong., 2nd Session, 1958, Study No. 15), Part II.C, “The Rise of an antipatent movement” (1850-1873).

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I was sent this query:

I have a question about a situation. Suppose person A buried radioactive waste in an area where no house was built. A month later, person B builds a house in the area, lives in it, and suffers radiation damage from the radioactive waste in the ground. Is this a crime in your view? Has A committed a crime of negligence here since he unintentionally caused damage to B?

My answer: [continue reading…]

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Libertarian Answer Man: Law, legal and norms texts

Someone asked Hans-Hermann Hoppe for any of his recommendations as to texts, articles, books and the like on science of law, norms, crime, legal responsibility, philosophy of law, which are linked to Austrian and praxeological thinking–writings on a philosophical legal level.

I was cc’d on this corresponded and provided the following answer. [continue reading…]

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C.L. Swartz, “Libel” (1913)

I came across this interesting piece: C.L. Swartz, “Libel,” in Charles T. Sprading, ed., Liberty and the Great Libertarians: An Anthology on Liberty: A Hand-book of Freedom (Los Angeles: The Golden Press, 1913), p. 526. It is short, so I reprint in full below. But he hits on the essential point: speaking words does not (normally) cause an invasion. Thus it cannot be penalized by law. (For more on this see Murray N. Rothbard, “Knowledge, True and False,” in The Ethics of Liberty (New York: New York University Press, [1982] 1998), Walter E. Block, “The Slanderer and Libeler,” in Defending the Undefendable” (Auburn, Al.: Mises Institute, [1976] 2018), Kinsella, “Causation and Aggression,” in Legal Foundations of a Free Society (Papinian Press, forthcoming 2023), and idem, “Defamation as a Type of Intellectual Property,” in A Passion for Justice: Essays in Honor of Walter Block (Addleton Press, forthcoming).) [continue reading…]

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KOL411 | IP Law Tutorial, Part 2: Copyright Law

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Kinsella on Liberty Podcast: Episode 411.

As noted in KOL409 (Part 1: Patent Law), although I’ve done dozens of speeches and interviews over the past 20 or so years on libertarian aspects of intellectual property, or IP, that is, on IP policy, I’ve never done any in depth lectures for libertarians on IP law itself. In KOL409, I did a brief overview of various types of IP law, and then focused on the patent law and patent application process itself.

This episode provides a tutorial on copyright law. (Recorded Thursday, April 27, 2023.) See additional note below. [continue reading…]

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