Kinsella On Liberty

Kinsella on Liberty Podcast, Episode 201. I was a guest today on the Mid-Life Criss podcast, episode 4, produced by my friend Jack Criss, of BAMSouth. We discussed my IP views, anarchy, and a few related matters. https://soundcloud.com/robert-dillard-689981544/mid-life-criss-show-4  

Kinsella on Liberty Podcast, Episode 200. I was interviewed yesterday by Steve Rose of The Anarchist Standard about a libertarian/anarchist strategy and a variety of other matters. From his description: "Stephan and I discussed his path to anarchism, the changing labels for the liberty movement, artificial intelligence, religion, world government, and prospects for the future of liberty."  

Kinsella on Liberty Podcast, Episode 199. I discussed legislation and law  with Tom Woods on his show today, Episode 557: Ep. 557 The State’s Corruption of Private Law, or We Don’t Need No Legislature 17th December 2015 Ever since we learned in school how a bill becomes a law, we’ve absorbed the idea that it’s normal for law to be imposed from the top down. But it’s possible, and indeed the historical norm, for law to emerge in a completely different, more libertarian-friendly way. Join me for a great conversation with Stephan Kinsella! About the Guest Stephan Kinsella is a registered patent attorney, lecturer, and author. He is the Director of the Center for the Study of Innovative Freedom, Founding and Executive Editor of Libertarian Papers, and blogger at The Libertarian Standard. Special Offer Get a FREE signed and personalized Tom Woods book for yourself when you buy a loved one a subscription to LibertyClassroom.com by Christmas. Drop me a line after buying and let me know what book you’d like and where I should send it. Related Links “Legislation and the Discovery of Law in a Free Society” (PDF) by Stephan Kinsella Liberty and Law (PDF), by Giovanni Sartori “The State’s Corruption of Private Law,” by Stephan Kinsella “Another Problem with Legislation: James Carter and the Field Codes,” by Stephan Kinsella Related Books Law, Legislation, and Liberty, vol. 1: Rules and Order, by F.A. Hayek Freedom and the Law, by Bruno Leoni Books by the Guest Against Intellectual Property International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk For some more related posts/resources: “Legislation and Law in a Free Society,” Mises Daily (Feb. 25, 2010) “Legislation and the Discovery of Law in a Free Society,” Journal of Libertarian Studies 11 (Summer 1995) Another Problem with Legislation: James Carter v. the Field Codes Kinsella & Rome, Louisiana Civil Law Dictionary (Quid Pro Books, 2011) Regret: The Glory of State Law KOL001 | “The (State’s) Corruption of (Private) Law” (PFS 2012) Hayek, Law, Legislation and Liberty, vol. 1 John Hasnas, The Myth of the Rule of Law David Kelley & Roger Donway, Laissez Parler: Freedom in the Electronic Media (linked here) Bruno Leoni, Freedom and the Law Giovanni Sartori, Liberty and Law (pdf) Shael Herman, The Louisiana Civil Code: A European Legacy for the United States Alan Watson, Roman Law and Comparative Law Idem, The Importance of “Nutshells”, AJCL, 1994 Why Airwaves (Electromagnetic Spectra) Are (Arguably) Property

Kinsella on Liberty Podcast, Episode 198. This is a discussion with Ash Navabi, an economics grad student at George Mason, who messaged me this question: Hi Stephan. I'm having a conceptual problem distinguishing IP and tangible property. In Against IP, you said that an IP right gives the IP owner "invariably transfer partial ownership of tangible property from its natural owner to innovators, inventors, and artists." But doesn't this apply to every property right? If I own a tract of land, why can't we say that if I ban you riding across it with your dirt bike, then I am claiming ownership over your dirt bike? I decided to just discuss this with him for the podcast. We ended up veering into a couple tangential issues like auctions for trade secrets in an IP-free world, and so on. Before we talked, I asked him to read: “The Non-Aggression Principle as a Limit on Action, Not on Property Rights,” StephanKinsella.com Blog (Jan. 22, 2010) “IP and Aggression as Limits on Property Rights: How They Differ,”StephanKinsella.com Blog (Jan. 22, 2010) Other materials mentioned during our discussion: Against Intellectual Property Roderick Long, Owning Ideas Means Owning People and The Libertarian Case Against Intellectual Property Rights The video is streamed below.

Kinsella on Liberty Podcast, Episode 197. I discussed Rothbardian/libertarian contract theory with Tom Woods on his show today: Ep. 547 The Central Rothbard Contribution I Overlooked, and Why It Matters 3rd December 2015 Stephan Kinsella explains the importance of Rothbard’s theory of contract — a point I myself did not appreciate until this episode — and contrasts it with mainstream theories, which most libertarians think are the same as their own. We need to get these fundamentals right, so listen in and learn with me! Articles Discussed “Toward a Reformulation of the Law of Contracts,” by Williamson M. Evers “A Libertarian Theory of Contract: Title Transfer, Binding Promises, Inalienability,” by Stephan Kinsella Book Discussed The Ethics of Liberty, by Murray N. Rothbard For some more related posts/resources: A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 [based on paper presented at Law and Economics panel, Austrian Scholars Conference, Auburn, Alabama (April 17, 1999)] Justice and Property Rights: Rothbard on Scarcity, Property, Contracts… KOL020 | “Libertarian Legal Theory: Property, Conflict, and Society: Lecture 3: Applications I: Legal Systems, Contract, Fraud” (Mises Academy, 2011)  around Slide 16: slides here The Libertarian View on Fine Print, Shrinkwrap, Clickwrap KOL146 | Interview of Williamson Evers on the Title-Transfer Theory of Contract KOL004 | Interview with Walter Block on Voluntary Slavery

Kinsella on Liberty Podcast, Episode 196. This is my appearance on the Jason Stapleton Program: Intellectual Property: A Libertarian Debate with Stephan Kinsella.

Kinsella on Liberty Podcast, Episode 195. This is my appearance on theThe 21st Century Anarchist Podcast Ep. 038: IP with Stephan Kinsella, with host Hermann Morris.

Kinsella on Liberty Podcast, Episode 194. This is an impromptu discussion with my wonderful parents, Norman and Patsy Kinsella, who live in Prairieville, Louisiana. We did this a couple days ago, Oct. 1, on my 50th birthday. As sometimes happens in October in Louisiana, the weather starts getting nice around that time, and so we were sitting outside on the porch and when my dad got out his ballot to vote by mail in an upcoming election, I whipped out my iPhone and did a quick interview with them about politics that I thought might be of interest to some of my followers. (N.b.: For those interested in more details on related matters, see How I Became A Libertarian (2002), later published as “Being a Libertarian” in I Chose Liberty: Autobiographies of Contemporary Libertarians.)

Kinsella on Liberty Podcast, Episode 193. This is my appearance on Albert Lu’s “The Economy” podcast. This is part 3 of 3. We discussed property rights, bitcoin ownership, intellectual property, and related matters. See also: KOL085 | The History, Meaning, and Future of Legal Tender Full video of all three parts below.

Kinsella on Liberty Podcast, Episode 192. This is my appearance on Albert Lu’s “The Economy” podcast, Episode 2015-9-23. This is part 2 of 3. From Albert Lu's description: Your host Albert continues the discussion with patent attorney Stephan Kinsella. In the second of a three-part interview, they discuss the concept of “ownership”. Topics Covered The entire world is made of hardware and owned by someone Fiat money is similar to Bitcoin How property rights arise de facto vs. de jure ownership What is a “good”? Part 1 is here: KOL191 | The Economy with Albert Lu: Can You Own Bitcoin? (1/3). Part 3 will follow in due course. Full video of all 3 parts here:

This is my appearance on Albert Lu's "The Economy" podcast. This is part 1 of 3. We discussed property rights, bitcoin ownership, intellectual property, and related matters. Parts 2 and 3 to follow in due course. Relevant links: KOL233 | Mises UK Podcast: Bitcoin Ownership and the Global Withering of the State for more on whether bitcoin is ownable property, see this Facebook thread KOL085 | The History, Meaning, and Future of Legal Tender KOL086 | RARE Radio interview with Kurt Wallace: The War on Bitcoin KOL 043 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Bitcoin, Legal Reform, Morality of Voting, Rothbard on Copyright Tax Plan May Hurt Bitcoin, WSJ Swiss Tax Authorities Confirm that Bitcoin is VAT-free in Switzerland Tokyo court says bitcoins are not ownable FinCEN Rules Commodity-Backed Token Services are Money Transmitters Bitcoin Is Officially a Commodity, According to U.S. Regulator; Miami Judge Rules Bitcoin Is Not Money; Dismisses Money Laundering, Transmitting Charges How to handle bitcoin gains on your taxes SEC: US Securities Laws ‘May Apply’ to Token Sales Federal Judge Rules Bitcoin Is Real Money KOL249 | WCN's Max Hillebrand: Intellectual Property and Who Owns Bitcoin What do you legally “own” with Bitcoin? Posted on November 23, 2018 by prestonbyrne Portugal Tax Authorities Clarify That Buying Or Selling Cryptocurrency Is Tax-Free And, from a note from Lu: Audio download (3 parts) http://powerandmarket.com/pmr-economy/vol2/v2e39-kinsella.mp3 http://powerandmarket.com/pmr-economy/vol2/v2e40-kinsella.mp3 http://powerandmarket.com/pmr-economy/vol2/v2e41-kinsella.mp3 See also: KOL085 | The History, Meaning, and Future of Legal Tender Video below:

Kinsella on Liberty Podcast, Episode 190. This is my talk “On Life without Patents and Copyright: Or, Who Would Pick The Cotton?”, delivered at the Property and Freedom Society, 10th Annual Meeting, Bodrum, Turkey (Sep. 13, 2015). Video below. This version is taken from my iPhone recording. My notes used for the speech are pasted below. Also below are the IP-related segments of the Q&A panel session following the talk. Related: Do Business Without Intellectual Property (Liberty.me, 2014) (PDF). IP-related excerpts from panel discussion: From 4:42 to 10:35: From 17:30 to 41:10: From 43:14 to 49:37: NOTES "On Life without Patents and Copyright: Or, But Who Would Pick the Cotton?" Stephan Kinsella Kinsella Law Group, Libertarian Papers, C4SIF.org   Property and Freedom Society, 10th Annual Meeting Bodrum, Turkey (Sep. 13, 2015)   A pleasure to be at PFS or, as I’m starting to think of it, the Land of Successive Hangovers Hoppe: does not do interviews because he does not like to repeat himself So I thank him for asking me to speak on intellectual property for the first time ever My topic: What would life without IP be like? Or: But how will people make money in an IP-free world? Subtitle: But who would pick the cotton? Questions about IP are often confused. There are at least three separate, though possibly related, issues: Should we have patent and copyright law? (A political-normative question.) Given that we do, how should people respond in today’s world? I.e., Life with patent and copyright. (practical and ethical question). What would an IP-free world look like? Life without (A prediction.)   Summarize case against IP Propertarian; utilitarian As for the second and especially third issues, the questions: Questions are not arguments and are not always sincere Sometimes loaded or rhetorical But who will pick the cotton if we eliminate chattel slavery? Illegitimate (and hidden/disguised) argument Why do you support intellectual communism? (loaded) How many brands of cars, or toothpaste, will we have in a post-communist world? (prediction and disguised argument) But you’re an IP lawyer Didn’t realize I was so powerful—my personal choice of career has somehow changed the structure of moral reality. I guess I’m like the libertarian Beyonder or Molecule Man We cannot deny that changing state law will have no effect. If state legislation had no effect, we would not mind them Eliminating a bad law will have effects, just as imposing a bad law will have effects So it can be reasonable to ask what effects removing a bad law will be, so long as one is not implying “and unless your answer satisfies me, we will keep the bad law in place”   With that said, let’s consider the second two questions 2: how should people respond? Life with patent and copyright. Mainly a practical and ethical question Infringing IP is exclusively a prudential, not a moral, issue If you can get away with copyright piracy or patent infringement, there is nothing whatsoever wrong with it Torrents, etc. In many fields it is difficult to avoid employing IP, given its existence Publishers will insist on the assignment or license of copyright

Kinsella on Liberty Podcast, Episode 189. This is an interview I did a few weeks ago with English libertarian Richard Storey. We discuss the nature of libertarianism, its roots in Western Rationalism and how to defend and promote it, property rights and scarcity, the significance of Hoppe's argumentation ethics, praxeology, Misesian dualism, logical positivism, legal positivism,  and related matters. Related material: What Libertarianism Is Argumentation Ethics and Liberty: A Concise Guide Logical and Legal Positivism  

Kinsella on Liberty Podcast, Episode 188. I was a guest last night (Sunday night, Aug. 23, 2015) on the Free Talk Live radio show, with hosts Mark Edge and Ian Freeman, discussing the common law, legislation, restitution, and related issues. For background/related: Another Problem with Legislation: James Carter v. the Field Codes Legislation and Law in a Free Society Fraud, Restitution, and Retaliation: The Libertarian Approach The Libertarian Approach to Negligence, Tort, and Strict Liability: Wergeld and Partial Wergeld The (State’s) Corruption of (Private) Law Punishment and Proportionality: The Estoppel Approach

Kinsella on Liberty Podcast, Episode 187. I appeared on Jeff Berwick's show in 2012: Kinsella on Anarchast Discussing IP, Anarcho-libertarianism, and Legislation vs. Private Law (Dec. 29, 2012): I was a guest on Jeff Berwick's Anarchast (ep. 51, 36 min), released today. We discussed anarchy and how such a society might be reached; the basis and origin of law and property rights and its relationship to libertarian principles, and implications for legislation versus law and the legitimacy of intellectual property; also, utilitarianism, legal positivism, scientism, and logical positivism. Description from the Anarchist site below. For more background on IP, see the C4SIF Resources page; on legislation vs. private law, see The (State’s) Corruption of (Private) Law. Update: See also Legislation and the Discovery of Law in a Free Society.   Anarchast Ep. 51 with Stephan Kinsella   Jeff Berwick in Acapulco, Mexico, talks with Stephan Kinsella in Houston, Texas Topics include: - Stephan explains how he became an anarchist and some of the books that pointed him in the right direction including - The Fountainhead (http://amzn.to/VnZwSL) - Stephan is a practicing attorney that applies his legal knowledge with his libertarian philosophy - He believes a free law society will only come about if a majority of people agree in libertarian principles - Law is defined as a concrete body of rules that permits a group of people that want to be able to cooperate to be able to do so - Jeff asks if it is necessary for everyone to agree with libertarian philosophy in order to have a free society - Stephan thinks that a majority of people already have libertarian principles but have not been educated correctly in constancy - He is more optimistic that most because he sees more people not accepting central planning than in the past - Jeff thinks that there could be a backlash against free market ideas during a financial collapse where the people believe capitalism is to blame - Stephan hopes that people will slowly find the state to be irrelevant and this will bring about a free society - Jeff thinks that there will be a financial collapse that will make this transition unpredictable - Stephan is an expert in libertarian Intellectual Property theory - He explains the principles of property law - What most people think is law today is not what law would be based on in a libertarian society - Stephan explains the problem with legal and economic positivism - The proper libertarian view is to be opposed to making law through legislation - The problem with intellectual property is that you are able to use the force of the government against someone who has not aggressed against you - Stephan explains the problems with the utilitarian Intellectual property justification - The intellectual property system forces everyone to participate even if they don’t agree with it Stephan is doing astounding work in libertarian legal theory you can find more in formation on his sites http://www.stephankinsella.com/ http://c4sif.org/ For more information on The Dollar Vigilante, go to http://dollarvigilante.com. For more information on Jeff Berwick’s anarchist enclave, Galt’s Gulch Chile, go to http://galtsgulchchile.com. And, for more on the anarchist enclave in Acapulco go to http://dollarvigilante.com/acacondos. Come on down and be a guest on Anarchast and live relatively free amongst other anarchists. Source: http://financialsurvivalnetwork.com/2012/12/anarchast-ep-51-with-stephan-kinsella/?utm_source=rss&utm_medium=rss&utm_campaign=anarchast-ep-51-with-stephan-kinsella