Kinsella on Liberty Podcast: Episode 452. I was asked recently to guest lecture for a course taught to some mechanical engineering students at Colorado University Boulder (EMEN 4100: Engineering Economics) by the lecturer, David Assad. Assad covers some ethics related matters in the latter part of the course and asked me to talk generally about ethics and related matters. I discussed ethics, morality, politics, and science. I discussed ethics and its relationship to science and politics, and discussed about what science is, the types of sciences, ethics and ethical theories and the relationship to specialized ethics and morality in general, and its relationship to political ethics and political philosophy. I then discussed libertarianism in general, the nature and function of property rights, and then explained how the intellectual property issue can be addressed based on the libertarian and private law perspective. The references and notes I gave the class are embedded in the slides and reproduced below. https://youtu.be/M3SzBjb5zdA Slides here (ppt) and streamed below: Further reading/references IP Issues Part IV of Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023; https://stephankinsella.com/lffs/) You Can’t Own Ideas: Essays on Intellectual Property (Papinian Press, 2023) The Anti-IP Reader: Free Market Critiques of Intellectual Property (Papinian Press, 2023) Other resources at https://c4sif.org/resources “Rethinking Intellectual Property: History, Theory, and Economics” (Mises Academy, 2011; 6 lectures) concise argument against IP law: “Intellectual Property and Libertarianism,” KOL037 | Locke’s Big Mistake: How the Labor Theory of Property Ruined Political Theory Intellectual Property Discussion with Mark Skousen “The Overwhelming Empirical Case Against Patent and Copyright” and “Legal Scholars: Thumbs Down on Patent and Copyright,” in Kinsella, You Can’t Own Ideas on the assumption that any additional innovation and creative works incentivized by the IP system are worth more to society than those lost or suppressed due to these same laws: “There’s No Such Thing as a Free Patent,” in  You Can’t Own Ideas on the assumption that even if IP law gives rise to a net gain to society in terms of extra innovation, invention, and creative works, that this net gain is greater than other costs of the IP system: “There’s No Such Thing as a Free Patent,” in You Can’t Own Ideas Intellectual Property Rights as Negative Servitudes “Copyright is Unconstitutional” IP tutorials (on IP law, not policy) KOL409 | IP Law Tutorial, Part 1: Patent Law KOL411 | IP Law Tutorial, Part 2: Copyright Law KOL412 | IP Law Tutorial, Part 3: Trademark, Trade Secret, and Other Further Reading: Libertarianism Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023; https://stephankinsella.com/lffs/) Kinsella, The Greatest Libertarian Books, https://stephankinsella.com/lffs/ “Libertarian Legal Theory: Property, Conflict, and Society” (Mises Academy, 2011; 6 lectures)  https://stephankinsella.com/kinsella-on-liberty-podcast/ Other Ludwig von Mises, Ultimate Foundation of Economic Science Hans-Hermann Hoppe, Economic Science and the Austrian Method, A Theory of Socialism & Capitalism, Economics & Ethics of Private Property, The Great Fiction (https://hanshoppe.com/publications/) Randy E. Barnett, “Of Chickens and Eggs—The Compatibility of Moral Rights and Consequentialist Analyses,” Harv. J. L. & Pub. Pol’y 12 (1989): 611–36, and idem, “Introduction: Liberty vs. License,” in The Structure of Liberty: Justice and the Rule of Law, 2d ed. (Oxford, 2014) Hoppe on Property Rights in Physical Integrity vs Value (to invasion of the physical integrity of their property boundaries)

Kinsella on Liberty Podcast: Episode 451. My recent appearance on The Rational Egoist. (Spotify) Shownotes: Debating the Nature of Rights with Stephan Kinsella In this episode of The Rational Egoist, host Michael Liebowitz engages in a stimulating debate with libertarian writer and patent attorney Stephan Kinsella on the nature of rights. Drawing from his book Legal Foundations of a Free Society and his extensive work on legal and political theory, Kinsella offers his perspective on the origins, scope, and application of individual rights. Together, they examine differing philosophical interpretations and discuss how rights function in a free society. This thought-provoking conversation invites listeners to question and refine their understanding of one of the most fundamental concepts in political philosophy. https://youtu.be/_rvJ2H8r5Z8?si=890cUejq8lRh4ISj https://youtu.be/LPCg8NEPoNg?si=4djdwXxpR2CYSVA2

Kinsella on Liberty Podcast, Episode 450. My discussion/interview by Matthew Sands of the Nations of Sanity project as part of his “Together Strong” debate series. https://youtu.be/igflMs3VJPM?si=3MBYzu9cmeth4LlH  

Kinsella on Liberty Podcast, Episode 449. I was interviewed by Logan Hertz, of Hazeltine LLC, about attempts by the Nelson Nash Institute, they of the poorly-named "Infinite Banking" concept, to use trademark to bully competitors. I discuss the general problem with IP and then apply it to trademark, and provide suggestions as to more "ethical" ways of using trademark and IP in an IP-world. See also Logan's LinkedIn post. For more, see: Do Business Without Intellectual Property. https://youtu.be/EezJNq-FXQc?si=zPY2QdgLqeqqnf0-

Kinsella on Liberty Podcast, Episode 448. This is my discussion with European patent attorney David Pearce, of the Tufty the Cat European IP blog (twitter). He and I were co-founders and members of the Advisory Council for the Open Crypto Alliance (2020–22). We discuss Craig Wright, nChain and bitcoin related patents, and so on (see video below). https://youtu.be/3B1R_aTdQ0I https://youtu.be/AJmPrbQ4NQU?si=yAGKMU590r6Vac4i  

Kinsella on Liberty Podcast, Episode 447. This is from the show "Axioms of Liberty," which has another episode about my IP writing. This time, it's a reading of "Law and Intellectual Property in a Stateless Society."

Kinsella on Liberty Podcast, Episode 446. This is from the show "Axioms of Liberty," which has another episode about my IP writing. This time, it's a reading of "Intellectual Property and Libertarianism."

Kinsella on Liberty Podcast, Episode 445. The show "Axioms of Liberty" has an episode about my IP writing, including readings of three early pieces: First, one of my earliest writings, Stephan Kinsella, "Letter on Intellectual Property Rights," IOS Journal 5, no. 2 (June 1995), pp. 12-13, and followed by David Kelley's response. Next, “Is Intellectual Property Legitimate?”, first published in the Pennsylvania Bar Association Intellectual Property Newsletter 1 (Winter 1998): 3 and republished in the Federalist Society’s Intellectual Property Practice Group Newsletter, vol. 3, Issue 3 (Winter 2000). And finally, "In Defense of Napster and Against the Second Homesteading Rule," LewRockwell.com (Sept. 4, 2000). I am not sure who this podcaster is, but he has my gratitude.

Kinsella on Liberty Podcast, Episode 444. I had forgotten about this conversation with "AlexAnarcho" back in May 2024. Here it is. Property rights, ideas & fungibility w/ Stephan Kinsella released 05/02/2024 Stephan Kinsella is a pioneer on the topic of intellectual property (IP). His arguments against IP also carry over to the cyberspace. Can you even "own" Bitcoin? After all, it is just a number on an elliptic curve...

Kinsella on Liberty Podcast, Episode 443. “Abortion: A Radically Decentralist Approach,” 2024 Annual Meeting, Property and Freedom Society, Bodrum, Turkey (Sep. 22, 2024). This will also be podcast soon at the Property and Freedom Podcast as PFP284. See: “Abortion: A Radically Decentralist Approach” (PFS 2024). Update: see Christos Armoutidis, "Preargumentation Ethics and the Issue of Abortion," J. Libertarian Stud. 28, no.1 (2024); and Oscar Grau, "On Argumentation Ethics, Human Nature, and Law," in A Life in Liberty: Liber Amicorum in Honor of Hans-Hermann Hoppe, edited by Jörg Guido Hülsmann & Stephan Kinsella (Houston, Texas: Papinian Press, 2024). https://youtu.be/v9bDRDD2wWU Panel discussion: https://youtu.be/vFCZLT4tMY4 Notes below, followed by Youtube's automatic transcript. Abortion: A Radically Decentralist Approach Stephan Kinsella Property and Freedom Society 2024 Annual Meeting Bodrum, Turkey September 19–24, 2024 Alright, let’s have as much fun as we can with a topic like this. Contentious issues among libertarians: Anarchy vs. Minarchy Forms of state: monarchy vs. democracy Open borders vs. mass immigration Intellectual Property (we are winning this one) Israel vs. Gaza Ukraine vs. Russia Abortion: Pro-choice and Pro-Life I’ve changed my own mind a bit on this issue, after becoming a parent: from pro-choice. to more sympathetic to pro-life arguments, and to my current decentralist view Traditionally libertarians have tended to be pro-choice, including virtually all Objectivists, though there were always some minority pro-life voices (e.g. Doris Gordon of L4L). In recent years many seem to be more conservative, and more friendly to religion, and many more opposed to abortion than in the past. The LP removed its pro-choice plank in Reno in 2022 as part of the Mises Caucus takeover, the “Reno Reset,” arguing that the issue is not settled and each candidate should be able to adopt their own position on this issue. On some issues it seems possible to make progress. Many libertarians come from conservatism, or sometimes leftism, moving at first towards libertarian minarchism and then eventually to libertarian anarchism. I changed my mind on the IP issue and have managed to persuade a large number of people to adopt the anti-IP position. Views change on the issue of open borders and immigration and on particular issues like Israel vs. Gaza and Russia v. Ukraine. But it seems almost impossible for anyone to change someone else’s mind on the abortion issue. The fact that this issue seems intractable, often rooted in deep lifestyle preferences or religious beliefs, is relevant, I think to how this issue is best solved in a political-legal sense. See Loren E. Lomasky, Persons, Rights, and the Moral Community (New York: Oxford University Press, 1987), p. 91: “The intractability of the dispute … may itself be philosophically significant.” There are the well-known arguments Pro-choice There is the modern, or feminist, argument: it’s my body. Of course the response is that there is a baby inside which complicates the matter For this reason even most pro-choice people do not not favor legality until birth Ayn Rand: “abortion is a moral right-which should be left to the sole discretion of the woman involved.” (“Of Living Death,” The Objectivist, Oct. 1968, 6) In Rand’s view, opposition to abortion arises from a failure to grasp both the context of rights and the imposition that child-bearing places on women. As she put it: “A piece of protoplasm has no rights-and no life in the human sense of the term. One may argue about the later stages of a pregnancy, but the essential issue concerns only the first three months.” So even Randians recognize difficulty in the later stages of pregnancy Pro-life Then there is the religious-based pro-life argument

Kinsella on Liberty Podcast, Episode 442. This is a debate between me and Walter Block about voluntary slavery contracts, hosted by Matthew Sands of the Nations of Sanity project as part of his "Together Strong" debate series. (See previous episode KOL426) Unedited transcript (from Youtube) below. https://youtu.be/x6ecMmBpGs8?si=veUW9EnXhwujEAo1 Notes: For further discussion of this topic, see: chapters 9–11, from Legal Foundations of a Free Society (2024; LFFS), namely "A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability," "Inalienability and Punishment: A Reply to George Smith," and "Selling Does Not Imply Ownership, and Vice-Versa: A Dissection" Re the "Zombicide" and psychosurgery comments, see ch. 10, text at n.37, citing Randy E. Barnett The Structure of Liberty: Justice and the Rule of Law, 2d ed. (Oxford: Oxford University Press, 2014), p. 78 & n. 39 See also, on this, Randy E. Barnett, “Rights and Remedies in a Consent Theory of Contract,” in R.G. Frey & C. Morris, eds., Liability and Responsibility: Essays in Law and Morals (Cambridge University Press, 1991), p. 157; idem, “Contract Remedies and Inalienable Rights” in “Symposium on Philosophy and Law,” Social Policy and Philosophy 4, no. 1 (1986): 179–202, p. 188; In addition to Walter Block and Robert Nozick, libertarian philosopher Gerard Casey apparently agrees with Block that voluntary slavery contracts are legitimate and enforceable. See Gerard Casey, Libertarian Anarchy: Against the State (Continuum International Publishing Group, 2012), ch. 6, n.6: “… after a conversation with Walter Block on the topic of voluntary slavery, I am persuaded that there can be no legitimate objection to that principle’s encompassing specific performance also.” My paper, The Title-Transfer Theory of Contract (Papian Press Working Paper #1) KOL004 | Interview with Walter Block on Voluntary Slavery and Inalienability Other than Block and Nozick, Gerard Casey also seems to favor voluntary slavery: “Can You Own Yourself?“, Research Depository UCD Dublin (Dec. 2011) A few comments. African Slavery Walter favors voluntary slavery but not involuntary slavery;  this was one reason he sued the New York Times for defamation, since they claimed he supported slavery (if I recall correctly; 1, 2, 3). But how do we know that all the African slaves in antebellum America were involuntary slaves? Is it established that every African shipped to the US from Africa went against their will? What if they heard life was better in America, and they volunteered to go even knowing they would be enslaved. Wouldn't such a slavery contract be enforceable in Walter's view of slavery? Or take another example. Suppose Jones, owner of a plantation in Louisiana, owns a slave Toby, but he starts to feel bad about slavery and he manumits Toby, and tells him to leave. Toby says he has no money, no food, and he doesn't want to wander around in Louisiana where he might be attacked or enslaved again, and says he would prefer to just stay on Jones's plantation and work for him. Jones says well okay but only if you sell yourself to me and be my slave. So Toby sells himself to Jones. Wouldn't this be legitimate and enforceable, according to Walter's theory? Forced Sex with a Prostitute Walter says that if you sell yourself into slavery, then if you try to run away you are stealing the property of your owner. He is entitled to use force against you since you are disobeying him. Now around 52:13, Mathew asks Walter about my hypothetical about kissing a girl. I had explained that it's not assault/battery or aggression if you kiss a girl if she consents. If during dinner she promises to let you kiss her when you drop her off, and you do, it's also not consent, since her last communication set up a sort of standing presumption. As I write in ch. 9 of LFFS, Part III.C.1: If a girl promises a kiss at the end of the date and the boy...