Kinsella On Liberty

[email protected] (Kinsella On Liberty)

Austro-Anarchist Libertarian Legal Theory

  • 1 hour 9 minutes
    KOL431 | The Rational Egoist: Exploring Hoppe’s Argumentation Ethics
    Kinsella on Liberty Podcast: Episode 431. My appearance on The Rational Egoist: Exploring Hoppe's Argumentation Ethics with Stephan Kinsella. (Spotify) https://youtu.be/hgPJCebYj-I?si=hPN2vGmj_dbkdtk4 From his shownotes: In a stimulating episode of The Rational Egoist, host Michael Liebowitz engages in a thought-provoking discussion and debate with Stephan Kinsella, a prominent libertarian writer and patent attorney, on Hoppe's Argumentation Ethics. Drawing on their deep knowledge of libertarian legal theory and philosophical principles, Michael and Stephan delve into the nuances of Hoppe's argument and its implications for understanding individual rights and property norms. Hoppe's Argumentation Ethics serves as the focal point of this conversation, as Michael and Stephan critically examine its premises, logic, and implications. With rigorous analysis and intellectual rigor, they explore the foundational principles underlying argumentation ethics and assess its strengths and weaknesses as a framework for understanding natural rights and ethical norms. Listeners will be treated to a dynamic exchange of ideas and perspectives, as Michael and Stephan engage in a spirited debate on key aspects of argumentation ethics, including its reliance on self-ownership, the universality of ethical principles, and its compatibility with other libertarian theories of property and justice. Through reasoned discourse and respectful disagreement, they offer listeners a comprehensive overview of the complexities involved in grappling with foundational questions of ethics and rights. This episode is not just an intellectual exercise but also a testament to the vitality of philosophical inquiry and the importance of engaging in robust dialogue to deepen our understanding of fundamental concepts. Whether you're a seasoned libertarian thinker, a student of philosophy, or someone curious about the intersection of ethics and political theory, this episode offers a captivating exploration of Hoppe's Argumentation Ethics and its implications for our understanding of individual freedom and moral principles. Tune in to The Rational Egoist for an enlightening conversation with Stephan Kinsella, as we delve into the intricacies of Hoppe's Argumentation Ethics and its relevance for contemporary debates on rights, justice, and human flourishing. Whether you find yourself nodding in agreement or raising questions of your own, this episode promises to ignite your curiosity and inspire deeper reflection on the principles that underpin a free and just society.
    6 May 2024, 2:55 am
  • 1 hour 41 minutes
    KOL429 | Argumentation Ethics, Milei, Bitcoin with Bruno Pires of Brazil
    Kinsella on Liberty Podcast: Episode 429. A facebook friend from Brazil, Bruno Pires, corresponded with me about some various issues and we decided to discuss it for a podcast episode. We discuss a variety of issues. See his promoted VPN sponsor Aria VPN. https://youtu.be/a8YdkT2_Tec
    16 April 2024, 7:19 pm
  • 1 hour 28 minutes
    KOL428 | Bob Murphy Show ep. 316: Rothbard’s Contributions to Legal Theory
    Kinsella on Liberty Podcast: Episode 428. I was a guest on Episode 316 of The Bob Murphy Show, entitled “Stephan Kinsella on Rothbard’s Contributions to Legal Theory." Bob's shownotes: "Stephan joins Bob to discuss his new book, Legal Foundations of a Free Society. They cover Rothbard’s contributions to legal theory, as well as Bob and Stephan’s differing entry points into libertarianism." https://youtu.be/iWx8DKMwk30?si=54KjWm_BndPX4a_e
    13 April 2024, 1:30 am
  • KOL427 | Lewis & Clark College Debate on Intellectual Property Imperialism
    Kinsella on Liberty Podcast: Episode 427. Yesterday (April 10, 2024) I participated in Strings Attached: Tracing the Global Systems that Bind, 62nd Annual International Affairs Symposium, Lewis & Clark College, Portland Oregon, Debate 5: Pirates and Patents. Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? My opponent was Pieter Cleppe. My notes are appended below. https://youtu.be/f_cpqc-oHd0 We got along well and had a nice dinner after the debate. (Unofficial iphone Audio (mp3)) Strings Attached: Tracing the Global Systems that Bind. 62nd Annual International Affairs Symposium Debate 5: Pirates and Patents. Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? Lewis & Clark College, Portland Oregon April 10, 2024 Stephan Kinsella   Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? “Patents, copyrights, trademarks, etc, are intangible legal protections that allow creators to monopolize the distribution of their ideas. The international system managing these rights is often praised for promoting and protecting innovation. However, it raises the costs of acquiring new technologies, life-saving medicines, and access to knowledge for developing states. How should international intellectual property standards balance these competing interests?”   Introduction I am a practicing patent and intellectual property, or IP, attorney for 30 years and a libertarian for even longer than that. At the dawn of my career, after many years of research and thought, I came to the conclusion that all forms of IP law are completely unjust. This perspective will inform my remarks today.   Notice my opponent’s remarks were not systematic and did not carefully define the relevant terms. In fact his arguments rested on two false assumptions: that patent and copyright increase innovation, and that IP law is therefore justified.   Imperialism and IP What is imperialism? Imperialism: “a policy of extending a country’s power and influence through diplomacy or military force.” “Imperialism is when a country extends its power into other territories for economic or political gain.” Now, IP law is prevalent in the west: patent, copyright, trademark, and other forms. There can be little doubt that the west, especially the United States, has used its influence and power to push or even coerce other countries to adopt US-style IP law, primarily patent and copyright This is done sometimes by direct imposition or, more usually, by softer forms of coercion such as investment and free trade agreements or other international treaties Direct imposition/coercion: for example the US expanded Iraqi patent law by decree in 2004, by order of Paul Bremer, the “Administrator” of the “Coalition Provisional Authority” German constitution, or “Basic Law,” 1949, under US domination: Article 96 authorizes the establishment by federal law of the Federal Patent Court Example below: under pressures from the west, the Thai government specifically undertook not to implement Article 8 (on compulsory licensing) for HIV/AIDS treatment Treaties: The Berne Convention already requires member states to have a minimum copyright term of life of the author plus 50 years; the US has added 20 years to this(life plus 70) Treaties such as the Paris Convention and Patent Cooperation Treaty require member states to maintain certain minimum patent protections The US uses its dominant position to force other countries or regions to adopt US-style IP policies via “free trade” agreements and others like Bilateral Investment Treaties (BITs) 2500 BITs in the world today, many US-sponsored
    11 April 2024, 4:15 pm
  • 2 hours 25 seconds
    KOL426 | Discussing Immigration and Homesteading Donuts with Matthew Sands of Nations of Sanity
    Kinsella on Liberty Podcast, Episode 426. Matthew Sands of the Nations of Sanity project, which aims to promote the Non-Aggression Principle as a universal peace agreement, and I discussed various issues including: immigration and open borders, and so on. (See previous episode with Matthew, KOL372 | Discussing Contract Theory, Restitution, Punishment, with Matthew Sands of Nations of Sanity and KOL362 | California Gold #6, with Matt Sands: Defining Libertarianism, Anarchism and Voluntaryism.) https://youtu.be/zXKxc8QxqKo Related links: Switzerland, Immigration, Hoppe, Raico, Callahan A Simple Libertarian Argument Against Unrestricted Immigration and Open Borders, LewRockwell.com, September 1, 2005 Van Dun on Freedom versus Property and Hostile Encirclement Libertarian Answer Man: Homesteading Donuts, Hostile Encirclement, and Prostitution as Selling One’s Body
    11 April 2024, 4:08 pm
  • 27 minutes 32 seconds
    KOL425 | Haman Nature: Stephan KINSELLA dismantles “intellectual” property
    Kinsella on Liberty Podcast: Episode 425. From Adam Haman's show Haman Nature. Released Feb. 15, 2024. From Adam's shownotes: Adam gets all intellectual and stuff with Stephan Kinsella. Part two of this interview explains why the concept of "intellectual" property is illegitimate and impedes humanity's progress. [Previous episode: KOL423 | Haman Nature Ep. 1: Getting Argumentative.] https://www.youtube.com/watch?v=0vpTQHLw_kc Update: See the response/commentary video: https://youtu.be/k23t_8cUSmA?si=ImRcLsE7YB-dKWBj 00:00 – Intro 01:15 – Introducing two amazing books: Stephan's Against Intellectual Property and Against Intellectual Monopoly by Boldrin and Levine. Then Stephan touches on many aspects of the philosophical and consequential aspects of intellectual property laws. The dude goes all over the place! There's no stopping him! He knows so much! 26:38 -- Outro
    17 February 2024, 7:09 am
  • 1 hour 20 minutes
    KOL424 | Legal Foundations of a Free Society, “What is Money” with Robert Breedlove
    Kinsella on Liberty Podcast: Episode 424. This is my appearance on Robert Breedlove’s What Is Money podcast  (WiM430; Youtube channel; recorded Feb. 2, 2024; released Feb. 15, 2024). This one is independent of the “Stephan Kinsella Series” as it is about my own new book, instead of focusing on Hoppe's work. Episode Summary: Stephan Kinsella joins me to discuss his book, Legal Foundations of a Free Society. We talk about the concept of self-ownership, the classification of rights, the significance of contracts, and the state monopoly. // OUTLINE // 00:00:00 - Coming up 00:00:21 - Intro 00:01:54 - Helping Lightning Startups with In Wolf's Clothing 00:02:41 - Introducing Stephan Kinsella 00:03:39 - The Concept of Self-Ownership 00:07:45 - Classification of Rights 00:10:25 - Defining Liberty 00:13:18 - The Non-Aggression Axiom 00:16:23 - Understanding the Nuances of Intellectual Property Rights 00:22:14 - The Right to Exclude 00:26:00 - The Rules of Ownership 00:30:21 - Finding Objective Link to Prevent Conflict 00:33:22 - The Right to Self-Ownership 00:38:50 - Transformation of Libertinism 00:42:05 - Run Your Business from Anywhere with NetSuite 00:43:10 - Secure Your Bitcoin Stash with the iCoin Hardware Wallet 00:44:20 - The Right to Self-Defense 00:47:00 - Self-Ownership and Slavery 00:49:29 - Violation of Contracts 00:54:47 - Contract: Independent Title Transfer 00:56:51 - Terms of the Contract 01:02:11 - Loan and Repayment 01:06:00 - Enhance Your Brain Power with Mind Lab Pro 01:07:06 - Take Control of Your Healthcare with CrowdHealth 01:08:13 - Purpose of Political System 01:15:01 - The State Monopoly 01:20:30 - Where to Find Stephan on the Internet
    15 February 2024, 3:13 pm
  • 41 minutes 16 seconds
    KOL423 | Haman Nature Ep. 1: Getting Argumentative
    Kinsella on Liberty Podcast: Episode 423. My appearance as the first guess on Adam Haman's new podcast and Youtube channel, Haman Nature (Haman Nature substack). As I noted in the initial discussion, this is the fourth or fifth podcast for which I was the first guest, the others being KOL374 | The Intellectual Contributions of Hans-Hermann Hoppe: The Great Fiction Podcast Ep. 1, KOL078 | Lions of Liberty Podcast Inaugural Episode: Intellectual Property, KOL244 | “YOUR WELCOME” with Michael Malice Ep. 001: Intellectual Property, Prostate Cancer, and KOL347 | This Time I’m Curious Ep. 1: The Libertarian Movement, AI Rights, UFOs, Music, Movies, Alcohol. Shownotes: Adam and Stephen discuss argumentation ethics which of course means they also talk about museums. Part 1 of a 2 episode interview. https://youtu.be/00MQjVoHgYI?si=yGoO7GfLW1EFx2X6 Time marks: 00:00 – Intro 2:50 – Remembering PorcFest 2023 and fun with the creature from Bretton Woods. 5:52 – Introducing Stephan's new book: Legal Foundations of a Free Society. 7:00 – Libertarianism in America, then and now. 9:35 – With the change in the way we consume information, is intellectualism dead? 13:58 – The origins of this book: activism vs. preaching to the remnant. The value of engaging these ideas deeply to maximize credibility and effectiveness. 18:40 – From Marx to Rothbard: People who care about ideas are reachable and teachable. 20:17 – Exploring argumentation ethics. To understand liberty, we must understand property. 29:13 – Oh crap! Does Elon Musk own us? 29:31 – Back to argumentation ethics. Is v. ought. Natural order arguments. 35:31 -- A very brief discussion of Michael Huemer and intuitionism. 37:23 -- Five blind men describing an elephant - all roads lead to liberty. 40:30 -- Outro Pix of Adam, me and others at Bretton Woods at PorcFest 2023...
    1 February 2024, 1:47 am
  • 22 minutes 14 seconds
    KOL422 | “What Libertarianism Is” (Audio on ManPatria)
    Kinsella on Liberty Podcast: Episode 422. A new podcast by Dumo Denga, ManPatria, has just released an audio narration of my article "What Libertarianism Is" for its first episode, entitled "What is Libertarianism." This narration appears to be based on the original article, not the updated version that appears as chap. 2 of Legal Foundations of a Free Society. There is also a previous narration of this article by Graham Wright (KOL005).
    8 January 2024, 2:12 pm
  • 51 minutes 48 seconds
    KOL421 | The Local Maximum with Max Sklar: Ep. 297 – The Fallacy of Intellectual Property
    Kinsella on Liberty Podcast: Episode 421. This is my appearance on Episode 297 of The Local Maximum with host Max Sklar. Recorded Sep. 13, 2023, published Sep. 27, 2023. From their shownotes: Max talks to Stephan Kinsella, a libertarian intellectual property lawyer who ardently challenges the very foundations of IP. Kinsella delves deep into the core arguments underpinning intellectual property and the inherent fallacies. They also discuss the impact of generative AI on the copyright landscape. Transcript below. Transcript Max Sklar: You're listening to the Local Maximum episode 297. Narration: Time to expand your perspective. Welcome to the Local Maximum. Now here's your host, Max Sklar. Max: Welcome everyone, welcome, you have reached another Local Maximum. We are going to get a really interesting perspective on intellectual property today from Stephan Kinsella. He is an intellectual property lawyer who is actually against the whole concept of intellectual property that includes patents, copyright, the whole thing. Now, for those of us on the outside, there's still a lot that we need to learn about IP, like, what are all these different concepts? Why are they considered necessary by the mainstream? So we go back to basics a little bit, go over what patent and copyright is and why you still need to use it and think about it even if you don't agree with it. And then we're going to take a turn into the issues of the day with generative AI models and how copyright law may end up getting applied to these processes, by the authorities, by the powers that be and the harm that this could possibly do. All right. My next guest is a libertarian writer and registered patent attorney in Houston. He has spoken, lectured and published widely on various areas of libertarian legal theory and on legal topics, such as intellectual property law and international law. Stephan Kinsella, you've reached the Local Maximum, welcome to the show. Stephan Kinsella: Thank you, glad to be here. Max: Yeah, really glad to have you and your work on intellectual property and copyright. First of all, that's a topic that, you know, not everyone can make it interesting for me, whenever I listen to your stuff on it, I always I always find it's more interesting. So I appreciate that. And I agree with you on a lot of things. So that's it. I just appreciate the way you present it. You've been opposed to IP for quite a while. When did you come to this kind of full? Well, what is your full position? I think it's like, you know, no patent, no copyright? Is this your full position? And when did you come to this position? Was it before after going into IP law? Stephan: About the same time I was a, I was a libertarian and college and in law school, but I was always unsatisfied with the arguments for IP that I had heard by Ayn Rand and others, I assumed it was a legitimate type of property right because it was in the Constitution, and it's part of so-called capitalism, and everyone was in favor of it. But their arguments didn't make sense to me, because, you know, most of the arguments were either well, they're either utilitarian or incentive based, or they're kind of a deontological, or principle based, like have a natural rights argument. And the natural rights argument just makes no sense because the patent and copyright expire after a certain number of years, which, which is not how other property rights work. So it seems to me like if you're trying to do a natural rights argument, which Ayn Rand did, and then you say, but that copyright should expire in 100 years, and patent should expire in 17 years. It's weird that you just have this arbitrary number, which, of course, the government would have to make up and they have no basis for it. And if you do a utilitarian argument, then I just don't think that you never hear any evidence, you just hear anecdotes and the same old arguments, so I was dissatisfied with it.
    27 October 2023, 3:37 am
  • KOL420 | There Ain’t No Intellectual Property: The Personal Story of a Discovery (PFS 2023)
    Kinsella on Liberty Podcast: Episode 420. From the recently-concluded Seventeenth Annual (2023) Meeting of the PFS, Bodrum, Turkey (Sep. 24, 2023). The slide presentation is streamed below (ppt). Video is also below. Also podcast as Property and Freedom Podcast PFP265; see also the panel discussion later in the day (video below). Kinsella talk: https://youtu.be/QEmRgapffNQ Panel discussion: https://youtu.be/aEryCGV2oWU Slides: Notes from the slides: Stephan Kinsella C4SIF.org • StephanKinsella.com @nskinsella Property and Freedom Society 2023 Annual Meeting Bodrum, Turkey September 24, 2023 Overview ►       Spoken about intellectual property (IP) before here (in 2010 and 2015), but today I’d like to talk about how I came to my current views §   And how figuring this out required coming to a deeper understanding and more clarity about the foundation and nature of rights, and property rights, in general ►       I came to the conclusion years ago that all IP law—patent, copyright, trademark, trade secret, and others—are completely illegitimate and should all be abolished ►       I started publishing articles on various aspects of libertarian theory in the early 1990s—rights and punishment theory, inalienability, legislation, and so on Against IP ►       In 2001 I published “Against Intellectual Property” in the Journal of Libertarian Studies. §   Original title: “The Legitimacy of Intellectual Property” §   Hoppe suggested I change it, just like he suggested the title of today’s talk ►       The article was controversial and influential, so I became well known in libertarian circles as being “the IP guy” §   Even though it’s not my only area of research §   E.g., Legal Foundations of a Free Society (2023) [LFFS] IP Man How I got here ►       Libertarian since high school, initially influenced by Ayn Rand ►       Never satisfied with her case for patent and copyright ►       Initially practiced oil and gas law (1992) but decided to switch to patent law (1994) ►       Around the same time I was learning patent and IP law as a lawyer, I tried to come up with a better argument for IP ►       Finally I came to my current IP beliefs §   I was trying to justify the unjustifiable ►       Heavily influenced by the work of Hoppe (on scarcity and property), and Tom Palmer & Wendy McElroy (on IP) §   Hoppe was instinctively against IP from the beginning ►       Because I understood IP law very well, I put together what I had learned and published “Against Intellectual Property,” and many articles since How I got here ►       I kept encountering different objections to my basic argument, so developed further arguments to explain their errors ►       Summarized in “Against Intellectual Property After Twenty Years: Looking Back and Looking Forward,” in LFFS ►       Sorting out the basic case against IP and responding to various objections required rethinking and clarifying other aspects of libertarian theory, namely the nature and purpose of property rights, contract theory, and so on ►       Figuring out IP and finding ways to explain it to others improved my understanding of other areas of libertarian theory ►       I’ve lost track of how many people have written me or told me that my IP work opened their eyes. That’s gratifying for a writer. §   See “My IP Odyssey” Absurd Arguments for IP ►       “Thank goodness the Swiss did have a Patent Office. That is where Albert Einstein worked and during his time as a patent examiner came up with his theory of relativity.” —Patent attorney Gene Quinn ►       “It is true that other means exist for creative people to profit from their effort. In the case of copyright, authors can charge fees for reading their works to paying audiences. Charles Dickens did this, but his heavy schedule of public performances in the United States, where his works were not protected by copyright, arguably contributed to his untimely death.
    24 September 2023, 11:35 am
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