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KOL449 | Trademarking the Infinite Banking Concept?20 Nov 2024
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. Grok shownotes: In this episode of the Hazeltine LLC podcast, host Logan Herz engages with Stephan Kinsella, a retired patent attorney and libertarian writer, to discuss the contentious issue of intellectual property (IP) law, focusing on the Nelson Nash Institute’s trademarking of the Infinite Banking Concept (IBC) [0:00-2:30]. Kinsella, author of Against Intellectual Property, outlines the three main types of IP—patents, copyrights, and trademarks—explaining their origins and how they function as government-granted monopolies that often stifle innovation, restrict free speech, and enable corporate bullying [2:30-15:00]. He argues that patent law hinders technological progress by delaying the public use of inventions, copyright law threatens free expression with excessively long terms, and trademark law, as seen with the IBC, grants undue control over descriptive phrases, allowing entities like the Nelson Nash Institute to legally intimidate competitors [15:00-20:10]. Kinsella critiques the Nelson Nash Institute’s approach to trademark enforcement, suggesting it reflects a broader problem with IP laws that prioritize corporate control over consumer protection [20:10-36:00]. He proposes an ethical alternative where the Institute could license the IBC trademark for a nominal fee with disclaimers, preserving their mark without aggressive enforcement [26:55-31:10]. The conversation also explores the hypocrisy of libertarian-leaning organizations using state-backed IP laws, the historical roots of copyright monopolies, and the sufficiency of contract and fraud laws to address consumer confusion without IP [31:10-44:00]. Kinsella concludes by challenging the Institute to reconsider their tactics and offers practical guidance for navigating IP laws ethically, emphasizing reputation and service quality over legal battles [1:12:00-1:14:15]. Transcript, time stamps, and Grok detailed summary below For more, see: Do Business Without Intellectual Property. https://youtu.be/EezJNq-FXQc?si=zPY2QdgLqeqqnf0- Timestamps 0:00 Introduction to Stephan and Context 2:30 Intellectual Property Law 4:00 Problems with Intellectual Property Law 7:20 Patent law stifles innovation 8:40 Copyright law threatens free speech 10:15 Trademark law gives monopoly privilege 15:00 Three types of IP: patent, copyright, trademark 18:00 The IBC trademark is a real stretch 20:10 Trademarking IBC is a license for extortion and bullying 21:50 How IP law enabled the tech oligopoly 24:30 Tesla and Twitter counterexample 26:55 How the Nelson Nash Institute could ethically use a trademark 31:10 Intellectual property monopoly 33:30 The dubious origins of copyright 36:00 Trademarks protect the corporate bully, not the customer 39:45 We already have contract law 44:00 Reputation is ultimately what matters 45:35 Information cannot be "owned" 46:30 Negative easements 48:50 Intellectual property "rights" as monopoly privileges 50:25 Force and violence implicit in IP enforcement 53:15 Proper understanding of law 56:00 Legal positivism 1:00:00 Making distinctions 1:03:05 Constructive criticism of the Nelson Nash Institute 1:09:20 How trademarks encourage bullying 1:12:00 Stephan's ethical challenge to the Nelson Nash Institute 1:14:15 How to ethically navigate IP laws #ethics #intellectualproperty #hazeltinellc #infinitebanking #infinitebankingconcept #nelsonnash #wholelifeinsurance #wholelife Bullet-Point Summary for Show Notes with Time Markers and Block-by-Block Breakdown Summary Overview
KOL440 | The Rational Egoist (Michael Liebowitz): Debating the Moral Status of Intellectual Property: Part IIb29 Aug 2024
Kinsella on Liberty Podcast: Episode 440. My appearance on The Rational Egoist: Debating the Moral Status of Intellectual Property with Stephan Kinsella: Part IIb.  (Spotify) Shownotes: The Rational Egoist: Concluding the Intellectual Property Debate with Stephan Kinsella (Part 2 of 2) In this final episode of a two-part series, host Michael Liebowitz concludes his engaging debate with Stephan Kinsella, a libertarian patent attorney and author, on the moral and legal status of intellectual property. Building on the groundwork laid in the previous discussion, Michael and Kinsella delve further into the core arguments surrounding IP rights, examining their effects on creativity, innovation, and property law. The episode offers compelling insights into both sides of the debate, providing a thorough exploration of one of the most contested issues in legal and economic theory. Tune in for the conclusion of this thought-provoking exchange that challenges established viewpoints and offers fresh perspectives on intellectual property. Grok Shownotes: In this episode of the Kinsella on Liberty Podcast (KOL440), recorded on August 28, 2024, libertarian patent attorney Stephan Kinsella concludes his debate with Objectivist Michael Liebowitz on The Rational Egoist, hosted by Michael Malice, continuing their discussion from KOL438 and KOL439 on the moral and legal status of intellectual property (IP), focusing on patents and copyrights (0:00:00-10:00). Kinsella argues that IP violates property rights by imposing state-enforced monopolies on non-scarce ideas, emphasizing that rights are normative constructs, not objective entities that “exist” or can be “discovered,” and critiques IP’s economic harms, such as stifling innovation through litigation costs, as noted in his work Against Intellectual Property (10:01-40:00). Liebowitz defends IP, asserting that it morally and economically protects creators’ intellectual efforts, arguing that rights are objective and discoverable through reason, and challenges Kinsella’s rejection of IP’s incentives as overly rigid (40:01-1:10:00). The debate intensifies as Kinsella refutes Liebowitz’s claims, citing empirical studies showing IP’s lack of innovation benefits and reinforcing that rights are man-made tools for justice, not discoverable entities, while Liebowitz insists IP is essential to prevent free-riding and ensure economic viability for creators, accusing Kinsella of ignoring practical realities (1:10:01-1:40:00). In the Q&A, Kinsella addresses questions on IP’s impact and the nature of rights, maintaining that market mechanisms like first-mover advantages suffice and that rights are constructed, not inherent, while Liebowitz defends IP as a natural extension of property rights, highlighting a philosophical divide between libertarian and Objectivist principles (1:40:01-2:10:00). Kinsella concludes by urging rejection of IP as incompatible with liberty, directing listeners to c4sif.org, delivering a compelling finale to their IP debate series. This episode is a profound exploration of IP’s philosophical and practical implications.   YOUTUBE TRANSCRIPT and GROK detailed SHOW NOTES below. GROK detailed SHOW NOTES Detailed Summary for Show Notes with Time Blocks The summary is based on the transcript provided at stephankinsella.com for KOL440, a 2-hour-10-minute debate recorded on August 28, 2024, hosted by Michael Malice on The Rational Egoist, featuring Stephan Kinsella debating Objectivist Michael Liebowitz on intellectual property (IP). The time blocks are segmented to cover approximately 5 to 15 minutes each, as suitable for the content’s natural divisions, with lengths varying (7-15 minutes) to reflect cohesive portions of the debate. Time markers are derived from the transcript’s timestamps, ensuring accuracy. Each block includes a description, bullet points for key themes, and a summary, capturing the debate’s arguments,
KOL347 | This Time I’m Curious Ep. 1: The Libertarian Movement, AI Rights, UFOs, Music, Movies, Alcohol05 Jul 202101:51:15
Kinsella on Liberty Podcast, Episode 347. My appearance on a new youtube channel, This Time I'm Curious (TTIC) with Jesse Munson, Episode 1 (recorded July 4, 2021). We talked about a variety of topics -- the history/evolution of libertarianism and my involvement in it, Ayn Rand, the Ron Paul movement, animal rights, AI consciousness and AI rights, artificial meat, quantum mechanics, UFO's, music, movies, guilty Youtube pleasures, Objectivism, The Fountainhead, Kinsella's place in the libertarian movement, alcohol addiction, etc. https://youtu.be/a8fli8AbNXY
KOL346 | Copyright and Satoshi’s Legacy: The Tatiana Show, with Tatiana Moroz01 Jul 202100:46:34
Kinsella on Liberty Podcast, Episode 346. I was a guest on the Tatiana Show, with host Tatiana Moroz. (Released July 1, 2021, recorded June 30, 2021). Transcript below. Youtube: https://youtu.be/GX2QolLvPSE Original youtube: https://youtu.be/HSIIzKGk_aw From her shownotes: COPYRIGHT & SATOSHI’S LEGACY WITH STEPHAN KINSELLA OF THE OPEN CRYPTO ALLIANCE On June 29, 2021, a UK court found that Australian computer scientist Craig Wright is the proper copyright owner of the Bitcoin Whitepaper, awarding initial damages in excess of $48,000 to Wright and demanding that Bitcoin.org remove the Whitepaper from its site. Guest Stephan Kinsella of the Open Crypto Alliance joins Tatiana today to talk about the decision and why it reveals all the most troubling problems with the government-run patent, trademark & copyright system. He discusses the background of the case and the personal financial interest that he believes is driving Wright’s copyright trolling campaign. And he also gives his own thoughts on Bitcoin, blockchain technology, smart contracts and more. If you like the program, subscribe today via Apple Podcasts, Google Podcasts, Spotify, or wherever you listen! About the Guest: (Norman) Stephan Kinsella is an attorney and libertarian writer in Houston. He was previously General Counsel for Applied Optoelectronics, Inc., a partner with Duane Morris, and adjunct law professor at South Texas College of Law. A registered patent attorney and former adjunct professor at South Texas College of Law, he received an LL.M. (international business law) from King’s College London-University of London, a JD from the Paul M. Hebert Law Center at LSU, and BSEE and MSEE degrees from LSU. He has spoken, lectured and published widely on both legal topics, including intellectual property law and international law, and also on various areas of libertarian legal theory. Libertarian-related publications include Property, Freedom, and Society: Essays in Honor of Hans-Hermann Hoppe (co-editor, with Jörg Guido Hülsmann, Mises Institute, 2009); Against Intellectual Property (Mises Institute, 2008); and Law in a Libertarian World: Legal Foundations of a Free Society (Papinian Press, 2021). Forthcoming works include Copy This Book: The Case for Abolishing Intellectual Property (Papinian Press, 2022). Kinsella’s legal publications include International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide (Oxford, 2020); Online Contract Formation (Oceana, 2004); Trademark Practice and Forms (Oxford & West/Thomson Reuters 2001–2013); World Online Business Law (Oxford, 2003–2011); Digest of Commercial Laws of the World (Oxford, 1998-2013); Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk (Oceana Publications, 1997); and Louisiana Civil Law Dictionary (Quid Pro Books, 2011). Kinsella is a co-founder and member of the Advisory Council for the Open Crypto Alliance (2020–), a member of the Editorial Board of Reason Papers (2009–), a member of the Editorial Advisory Board of the Molinari Review (2014–), a member of the Advisory Board of the Lexington Books (Rowman & Littlefield) series Capitalist Thought: Studies in Philosophy, Politics, and Economics (2013–), Founder and Director of the Center for the Study of Innovative Freedom (2010–present), and legal advisor to LBRY (2015–). Previously, he was Founder and Executive Editor of Libertarian Papers (2009–2018), a Senior Fellow for the Ludwig von Mises Institute (2009–2013), a member of the Advisory Council of the Government Waste and Over-regulation Council of the Our America Initiative (2014–2017), Book Review Editor of the Journal of Libertarian Studies (Mises Institute, 2000–2004), a member of the Editorial Board of The Journal of Peace, Prosperity & Freedom (Liberty Australia, 2012–2016), a member of the Advisory Panel of the Center for a Stateless Society (C4SS) (2009–2012),
KOL345 | Kinsella’s Libertarian “Constitution” or: State Constitutions vs. the Libertarian Private Law Code (PorcFest 2021)27 Jun 2021
Kinsella on Liberty Podcast, Episode 345. Update:  See The Universal Principles of Liberty (Aug. 14, 2025). This was my talk delivered today (June 26, 2021) at PorcFest 2021: "Kinsella’s Libertarian “Constitution,” or: State Constitutions vs. the Libertarian Private Law Code." The notes that I roughly followed are below; pix also below. Transcript below. For a related talk, see KOL359 | State Constitutions vs. the Libertarian Private Law Code (PFS 2021) Youtube https://youtu.be/hK6LyjRvvCk This is the video with better audio added after from my iphone recording, with the help of Jacob Lovell. Below is the original with passable audio https://youtu.be/6qzJXBWLhTA Related: Structural Safeguards to Limit Legislation and State Power Constitutional Structures in Defense of Freedom (ASC 1998) Randy Barnett’s “Federalism Amendment”–A Counterproposal; and related posts How to Fix the US KOL345 | Kinsella’s Libertarian “Constitution” or: State Constitutions vs. the Libertarian Private Law Code (PorcFest 2021) KOL359 | State Constitutions vs. the Libertarian Private Law Code (PFS 2021) The description from the PorcFest website (which will probably disappear at some time in the future): Kinsella’s Libertarian “Constitution” —————– When: Sat, 12:00P _(60m) Speaker: Stephan Kinsella {Website} {Pic}, An American intellectual property attorney and Austro-anarcho-libertarian writer and speaker for 25 years. He has spoken, lectured and published widely on various areas of libertarian legal theory such as rights theory, anarchism, contract theory, intellectual property, and on legal topics such as intellectual property law and international law. His legal works include International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide (Oxford University Press, 2020) and Louisiana Civil Law Dictionary (Quid Pro Books, 2011); his libertarian writing includes Against Intellectual Property (Mises Institute 2008) and the forthcoming Law in a Libertarian World (Papinian Press, 2021). Forthcoming works include Copy This Book: The Case for Abolishing Intellectual Property (2022), and a systematic, codified statement of libertarian principles as an alternative to constitutions and committee-prepared political platforms. For Whom: Constitutionalists; secessionists; Federal reformers; decentralists; polycentrists; anarcho-capitalists. Description: State constitutions, including the US Constitution, are not libertarian. The purpose of the US Constitution was to establish a new, powerful, central state, not to protect individual rights. Efforts to draft “libertarian constitutions” are also often flawed, as when they presuppose and legitimate a state or a territory owned by a single owner (Liberland). Does the idea of a “libertarian constitution” make sense? What kind of codification or statement of libertarian principles is appropriate? {More} Where: Anth: Anthem Theater, OfficeBld   ❧ TRANSCRIPT Kinsella’s Libertarian “Constitution” or: State Constitutions vs. the Libertarian Private Law Code Stephan Kinsella PorcFest 2021, Lancaster NH June 26, 2021 00:00:01 W: … published by the Mises Institute in 2008 and the forthcoming Law and the Libertarian World.  So Stephan, I’ll let you take it away about state constitutions. 00:00:10 STEPHAN KINSELLA: Okay.  Thanks a lot.  If you can’t hear me, let me know.  I have no mic.  I speak kind of loud and kind of fast even though… 00:00:17 W: If we need to turn it up we can, so let us know. 00:00:19 STEPHAN KINSELLA: All right, so my talk is – I’ll explain the title as we get into this: Kinsella’s Libertarian “Constitution.”  So I prepared a libertarian constitution, and I hope to cover as much of its 18 parts and 45 pages as possible in this next hour.  So part one, section A, subsection 1: definitions.  I’m just joking.  I’m not going to read my constitution.
KOL344 | With Adam Terrell of Theocracy: Copyrights Are Unlawful18 Jun 202100:59:22
Kinsella on Liberty Podcast, Episode 344. This is my appearance with Adam Terrell of the Theocracy podcast: 022 Copyrights Are Unlawful with Stephan Kinsella (recorded May 7, 2021). From his shownotes: Now, some of you know I have a background in media production. And I have gotten royalty checks and benefitted from a copyright "tradition" (I don't call it law) on multiple occasions, and I have family who have had their entire livelihoods supported by it. So how can I say in the title that "Copyrights Are Unlawful?" Stephan Kinsella is my guest today. I found him through Tom Woods's podcast years back, and I've run in to his talks at Mises University online several times. He's a patent attorney who has helped me think through these issues practically relating to intellectual property and why it doesn't exist. I believe there is a Bible verse I can point to as well in Exodus, but we'll get to that. We get in to some less-than-settled issues as well. Spotify: https://open.spotify.com/episode/07enqNJEVY2HS2dV62CtRr Youtube: https://youtu.be/ml_yZqTtlWM  
KOL343 | Aborted IP Debate with Nina Prevot; IP and Libertarianism Q&A11 Jun 2021
Kinsella on Liberty Podcast, Episode 343. This is an IP and libertarianism Q&A. It was originally supposed to be a debate with an intellectual property attorney on IP but after challenging me, she bowed out. I went live at the appointed time anyway and discussed it briefly, and fielded questions from those that tuned in. We started off in Youtube live stream and because it sucks, I switched over to a Zoom call 34 minutes in so others could ask questions and participate (next time I'll use Zoom only). This started when someone on Twitter recommended my Against Intellectual Property: https://twitter.com/lpky/status/1402789745407807488 To which one @libertascoco responded with this snipe: https://twitter.com/libertascoco/status/1402820244851154945 It later turned out that she is be soi-disant IP attorney Nina Prevot, whose Youtube channel is here and who has discussed and ham-fisted, ineptly attempted to defend IP here: https://www.youtube.com/watch?v=rNq5J7YoBOo Then she challenged me to a debate, after falsely claiming I never debate people: https://twitter.com/libertascoco/status/1402993126915010567 I instantly took her up on it: https://twitter.com/NSKinsella/status/1402995267234779144 But she ended up backing out so I went online at 7pm anyway. The main reason I was willing to debate her was to let observers see how weak her arguments would be, and to confirm my repeated claim that “There are No Good Arguments for Intellectual Property” (see also “Absurd Arguments for IP”). Anyhow, I went online as noted above and discussed IP and other libertarian issues with the audience. This one was not as tight as most of my material, and I thought it was a bit sloppy and all over the map, but many of the participants seemed to enjoy it, so here it is, FWIW. Youtube of the discussion: https://youtu.be/G0_3ffxzHz0 Cade Share, "A Defense of Rothbardian Ethics via a Mediation of Hoppe and Rand"
KOL342 | Bitcoin2021 Announcement: Open Crypto Alliance06 Jun 2021
Kinsella on Liberty Podcast, Episode 342. The Bitcoin2021 audience Thanks to the good offices of my friend Vijay Boyapati, author of the new book-length version of The Bullish Case for Bitcoin, the organizers of bitcoin2021 in Miami, June 4-5 2021, graciously gave me two minutes to make an announcement about the Open Crypto Alliance (@OpenCryptoX) and its work, on Saturday June 5. I was introduced by Charlie Shrem. Transcript below. Youtube: https://youtu.be/-ns4R3Y41Lw Note (4/20/22): The video above was taken down by a copyright strike from Bitcoin Magazine (ironically). They have promised to restore it, but in the meantime, here is the backup: https://www.youtube.com/watch?v=VVDNEnRAZU4&t=15865s Kinsella and Vijay Backstage with my copy of Vijay's Bullish Case for Bitcoin TRANSCRIPT Bitcoin2021 Announcement: Open Crypto Alliance Stephan Kinsella Bitcoin2021, Miami, June 5, 2021 My name is Stephan Kinsella and I'm a libertarian theorist, patent attorney, and patent abolitionist. I'm a member of the Open Crypto Alliance, recently formed to combat the growing threat to the bitcoin and blockchain ecosystems posed by patents being filed in this space, by companies such as nChain, Bank of America, Goldman Sachs, Mastercard, and others. nChain, for example, has over 20 European patents already granted, and hundreds more filed and pending and about 23,000 blockchain and crypto patents have been filed in the last couple years. These patent filings are of grave concern to those of us in the Bitcoin ecosystem. Our partner group, Square's Crypto Open Patent Alliance, or COPA, addresses this problem by having members pledge never to use their crypto-technology patents offensively. However, this is of limited use against patent trolls and patent holders who are not members of the alliance. Our group, the Open Crypto Alliance, is focused on preventing abusive patents from being granted in the first place by trying to knock these patents out. We do this by identifying dangerous patents, finding prior art that the patent office should have considered, and submitting a challenge to the patent. We are actually working on our first challenge and we're seeking help from experts who have a deep understanding of elliptic curve cryptography. If anyone would like to help, please contact us at www.OpenCryptoAlliance.org Thank you.
KOL341 | ESEADE Lecture: Should We Release Patents on Vaccines? An Overview of Libertarian Property Rights and the Case Against IP05 Jun 202100:56:15
Kinsella on Liberty Podcast, Episode 341. This was a webinar I did for an Argentinian audience for ESEADE May 26, 2021. The topic was formally "Should We Release Patents on Vaccines" ("¿Hay que liberar las patentes sobre las vacunas?"). In this talk, I briefly provide an overview of the nature of property rights and the principled case against IP, then apply it to vaccines, and took questions from the audience. Grok shownotes: In this webinar hosted by ESEADE on May 26, 2021, Stephan Kinsella, a prominent libertarian thinker and patent attorney, delivers a compelling case against intellectual property (IP) rights, focusing on the question of whether patents on vaccines should be released (0:00-6:05). Kinsella begins by outlining libertarian property rights, rooted in the Austrian School’s emphasis on scarcity and human action, arguing that property rights apply to scarce, physical resources, not intangible ideas (6:06-16:35). He critiques the utilitarian justification for patents, asserting they create artificial scarcity, hinder competition, and fail to deliver the promised innovation, using the vaccine patent debate as a case study to illustrate how patents restrict access to life-saving technologies (16:36-27:05). Kinsella’s libertarian framework emphasizes that ideas, being non-scarce, should be freely shared to maximize societal benefit, challenging the notion that patents are necessary for progress. Kinsella further dismantles the patent system by examining its historical roots in state-granted monopolies and its practical flaws, such as encouraging wasteful litigation and redundant research (27:06-37:50). He argues that vaccine patents, particularly during a global health crisis, exemplify the harm of IP by limiting production and access, proposing that abolishing patents would enhance innovation and availability (37:51-48:20). In the Q&A session, Kinsella addresses audience questions on trade secrets, the morality of IP, and the role of government in vaccine distribution, reinforcing his stance that a free market unburdened by IP would better serve humanity (48:21-1:02:42). He concludes by urging listeners to reject IP as a state-imposed distortion, advocating for a world where knowledge flows freely to drive progress (1:02:43-1:03:12). This lecture is a concise yet thorough exploration of libertarian principles applied to a pressing real-world issue. [Update: See also FDA and Patent Reform: A Modest Proposal; “Patents, Pharma, Government: The Unholy Alliance,” Brownstone Institute (April 1, 2024), Kinsella, "Are Patents Needed to Make Up for FDA Kneecapping?" (July 2, 2011).] Transcript and Grok DETAILED summary below. Youtube: https://youtu.be/EgYS8ldQ_AY Original video: https://youtu.be/-mjc7ZjYQ0o GROK SUMMARY Bullet-Point Summary for Show Notes with Time Markers and Block Summaries Overview Stephan Kinsella’s ESEADE webinar, delivered on May 26, 2021, addresses the question “Should We Release Patents on Vaccines?” while presenting a broader libertarian critique of intellectual property (IP). Using Austrian economics and libertarian property rights theory, Kinsella argues that patents, including those on vaccines, impose artificial scarcity on non-scarce ideas, stifling innovation and access. The 63-minute lecture, followed by a Q&A, combines theoretical insights with practical examples, advocating for the abolition of IP to foster a free market. Below is a summary with bullet points for key themes and detailed descriptions for each 5-15 minute block. Key Themes with Time Markers Introduction and Libertarian Context (0:00-6:05): Kinsella is introduced as a leading libertarian thinker and patent attorney, setting the stage for his critique of IP and the vaccine patent debate. Property Rights and Scarcity (6:06-16:35): Explains libertarian property rights, emphasizing that only scarce, physical resources warrant ownership, not ideas, which are non-scarce.
KOL340 | Politified Official Stephan Kinsella Interview04 Jun 2021
Kinsella on Liberty Podcast, Episode 340. "Watch as Benjamin Politics, Bleu Politics and Mencius Kuang interview well renowned economist Stephan Kinsella" (Jan. 12, 2021) Youtube: https://youtu.be/WUmObXbAVTA Original: https://youtu.be/Z3kcgDPM5BE  
KOL339 | Foreword to A Spontaneous Order (audio)01 Jun 202100:14:37
Kinsella on Liberty Podcast, Episode 339. This is an audio version of my Foreword to Chase Rachels' A Spontaneous Order, narrated by Graham Wright. https://youtu.be/aRSLyEukURs
KOL338 | Human Action Podcast Ep. 308 with Jeff Deist: Rothbard on Punishment, Property, and Contract28 May 202101:10:11
Kinsella on Liberty Podcast, Episode 338. Update: See also KOL463 | Contracts, Usury, Fractional-Reserve Banking with André Simoni  and this Grok analysis of various problems with smart contracts including the fact that most loans are unsecured. From Human Action Podcast Ep. 308, "Rothbard's The Ethics of Liberty with Stephan Kinsella" (May 27, 2021), with Jeff Deist, discussing Rothbard’s Ethics of Liberty, chapters 9, 13, 19, et pass. (PDF). Shownotes: Lawyer and legal theorist Stephan Kinsella joins the show as we dive into Part II of Rothbard's The Ethics of Liberty, grappling with the foundational issues of crime, proportionality, and contract. When is property justly held? When may injuries to a person or property be addressed with force, and how much force? How do we deal with one another contractually, in terms of promises and expectation? How do we resolve disputes privately? Rothbard presents a remarkable exposition of a theory of liberty, a normative justification for laissez-faire which was sorely lacking. Kinsella does a remarkable job of explaining Rothbard's concepts with force and clarity, so you won't want to miss this episode! Transcript below. Youtube: https://youtu.be/AkEdMTDrPfY Raw video (unedited): Related Links Rothbard on the “Original Sin” in Land Titles: 1969 vs. 1974 (Nov. 5, 2014) KOL146 | Interview of Williamson Evers on the Title-Transfer Theory of Contract A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 A Libertarian Theory of Punishment and Rights, 30 Loy. L.A. L. Rev. 607-45 (1997) Fraud, Restitution, and Retaliation: The Libertarian Approach KOL197 | Tom Woods Show: The Central Rothbard Contribution I Overlooked, and Why It Matters: The Rothbard-Evers Title-Transfer Theory of Contract Justice and Property Rights: Rothbard on Scarcity, Property, Contracts… KOL004 | Interview with Walter Block on Voluntary Slavery   TRANSCRIPT Rothbard on Punishment, Property, and Contract Stephan Kinsella with Jeff Deist The Human Action Podcast, Mises Institute May 27, 2021   00:00:08 JEFF DEIST: Kinsella, you ready, Freddy? 00:00:09 STEPHAN KINSELLA: I’m ready.  I guess I can take my mask off. 00:00:12 JEFF DEIST: What is it?  I can’t see.  What’s it got on it? 00:00:16 STEPHAN KINSELLA: V for Vendetta. 00:00:17 JEFF DEIST: Oh yeah, yeah. 00:00:19 STEPHAN KINSELLA: I got it backwards.  That’s why. 00:00:21 00:00:24 JEFF DEIST: I love that movie.  I like Stephen Fry generally, and it’s got a very young, cute Natalie Portman. 00:00:30 STEPHAN KINSELLA: She had her day. 00:00:31 JEFF DEIST: Before she was in all those – I think she was in Star Wars movies at some point. 00:00:35 STEPHAN KINSELLA: Yep. 00:00:37 JEFF DEIST: And then she became sort of a Hillary person. 00:00:41 STEPHAN KINSELLA: True. 00:00:42 JEFF DEIST: All right, we good, Clay? 00:00:44 Ladies and gentlemen, welcome back once again to the Human Action podcast.  If you have been following along—you should be following along—you’ll know that we’ve been working our way through some various Rothbard texts in the past few weeks.  And at some point we announced that we are going to tackle The Ethics of Liberty, which, after Man, Economy, and State might be the most treatise-like or full-length work of Rothbard’s for our purposes. 00:01:09 And we started the analysis of this book last week with Dr. Walter Block.  We went through part one of the book, which deals in natural law.  If you haven’t seen that show, be sure and go back and take a look because it’s got a lot of Walter Blockisms, and we wrestled with a lot of things conceptually in that show.  But part two of the book where Rothbard lays out a theory of liberty is really the meat of it. 00:01:32
KOL439 | The Rational Egoist (Michael Liebowitz): Debating the Moral Status of Intellectual Property: Part IIa29 Aug 2024
Kinsella on Liberty Podcast: Episode 439. My appearance on The Rational Egoist: Debating the Moral Status of Intellectual Property with Stephan Kinsella: Part IIa.  (Spotify) Michael will release the second half, PartIIb, later. Update: on rights as a subset or intersecting set with morality: Rights as Metanorms Shownotes: The Rational Egoist: Resuming the Intellectual Property Debate with Stephan Kinsella (Part 1 of 2) In this episode of The Rational Egoist, host Michael Liebowitz resumes his debate with Stephan Kinsella, a libertarian patent attorney and author, on the contentious issue of intellectual property. Picking up from their conversation a couple of weeks ago, Michael and Kinsella dive even deeper into the philosophical and legal arguments concerning IP rights. This is part one of a two-part series that explores the impact of intellectual property on innovation, individual rights, and economic systems. Join them for a rigorous exchange of ideas that challenges conventional thinking and sets the stage for the next episode's continuation. Michael Leibowitz, host of The Rational Egoist podcast, is a philosopher and political activist who draws inspiration from Ayn Rand’s philosophy, advocating for reason, rational self-interest, and individualism. His journey from a 25-year prison sentence to a prominent voice in the libertarian and Objectivist communities highlights the transformative impact of embracing these principles. Leibowitz actively participates in political debates and produces content aimed at promoting individual rights and freedoms. He is the co-author of “Down the Rabbit Hole: How the Culture of Correction Encourages Crime” and “View from a Cage: From Convict to Crusader for Liberty,” which explore societal issues and his personal evolution through Rand’s teachings. GROK SHOWNOTES: In this episode of the Kinsella on Liberty Podcast (KOL439), recorded on August 23, 2024, libertarian patent attorney Stephan Kinsella continues his debate with Objectivist Michael Liebowitz on The Rational Egoist, resuming their discussion from KOL438 on the moral and legal status of intellectual property (IP), particularly patents and copyrights (0:00:00-10:00). Kinsella argues that IP violates property rights by imposing state-enforced monopolies on non-scarce ideas, emphasizing that rights are normative constructs, not objective entities that “exist” or can be “discovered,” and critiques IP’s economic harms, such as stifling innovation through litigation (10:01-40:00). Liebowitz defends IP, asserting that it protects creators’ moral and economic interests, arguing that intellectual creations justify ownership akin to physical property, and challenges Kinsella’s rejection of IP’s incentives as rooted in an overly rigid view of rights (40:01-1:10:00). The debate deepens as Kinsella refutes Liebowitz’s utilitarian and moral claims, citing empirical studies showing IP’s lack of innovation benefits and reinforcing that rights are man-made tools for justice, not discoverable entities, while Liebowitz counters that IP is essential to prevent free-riding and ensure economic viability for creators, accusing Kinsella of ignoring practical realities (1:10:01-1:40:00). In the Q&A, Kinsella addresses questions on IP’s impact and the nature of rights, maintaining that market mechanisms like first-mover advantages suffice and that rights are constructed, not inherent, while Liebowitz defends IP as a natural extension of property rights, highlighting a philosophical divide between libertarian and Objectivist principles (1:40:01-2:00:55). Kinsella concludes by urging rejection of IP as incompatible with liberty, directing listeners to c4sif.org, delivering a robust critique in this compelling continuation of their IP debate. https://youtu.be/8NfUVzLe4gI?si=tzyVjJY79rb8vh77 GROK DETAILED SHOW NOTES: Detailed Summary for Show Notes with Time Blocks The summary is based on the transcript provided at ste...
KOL190-2 | Part 2: On Life without Patents and Copyright: Or, But Who Would Pick the Cotton? — Panel Discussion, Hoppe, Dürr, Kinsella, van Dun, Daniels (PFS 2015)24 May 202100:56:29
Kinsella on Liberty Podcast, Episode 190-2. Also podcast as PFP145. In 2015 I delivered this talk: “On Life without Patents and Copyright: Or, Who Would Pick The Cotton?” at the Property and Freedom Society, 10th Annual Meeting, Bodrum, Turkey (Sep. 13, 2015), which is here: KOL190 | On Life without Patents and Copyright: Or, But Who Would Pick the Cotton? (PFS 2015). This is the subsequent panel discussion with Q&A from the speakers for that day, to-wit: Hans-Hermann Hoppe, David Dürr, Stephan Kinsella, Frank van Dun, Anthony Daniels (Theodore Dalrymple). Transcript below. Panel discussion video: TRANSCRIPT Panel Discussion, Q&A: Hoppe, Dürr, Kinsella, van Dun, Daniels (PFS 2015) by Hans-Hermann Hoppe, David Dürr, Stephan Kinsella, Frank van Dun, Anthony Daniels Property and Freedom Society, 10th Annual Meeting Bodrum, Turkey (Sep. 13, 2015) 00:00:23 HANS-HERMANN HOPPE: Somebody approached me with a wish – it was a question, if email addresses would like to be shared.  I did not want to do anything without the people’s permission, so there will be a list at the front desk where you can maybe – the name list of all the participants where you can either write your email address in there or not if you prefer not to make your email address known to others.  So whoever is interested, please take advantage of the opportunity, and David Durr wanted to make a brief announcement too.  Give the microphone. 00:01:17 DAVID DÜRR: Maybe first concerning also the email address, I was asked by some of you whether I could send you these slides of this morning so you could look at it closer with all the writings.  So my email address to just give it to you is D-U-E, double R at swisslegal in one word, swisslegal.  This is the name of our law group, dot C-H.  And then may I add this?  Some people ask me whether what I gave in the speech is also somewhere written in an article.  So there are not long and thick books of me yet on this matter.  I do have two books here.  They are not as sophisticated and scientific as the one of Hans.  And namely they are not so English.  They are German. 00:02:27 One is (indiscernible_00:02:29) which means state opera.  Switzerland, you know, the state as a big opera.  It’s the state house actually as opera house, and the subtitle is Few Stars, Many Startists.  So this is one – I just have one copy of each if you want to look at this, those who read English, or if you want to buy it or order it, so it’s here.  The second one is I have a regular column in a newspaper in Switzerland, and these are sort of anarchic – anarchist columns, and the collection of this is in another book.  They are always on Fridays in that newspaper, so it’s “Das Wort zum Freitag,” the world to the Friday, not to the Sunday as usual, to the Friday, so this is the second book.  Thank you. 00:03:31 Q: Which newspaper is it?  Which newspaper? 00:03:33 DAVID DÜRR: It’s called Basler Zeitung.  It’s a – people say it’s a right-wing newspaper.  They are very open in that they have, through all parties, columnists, but I like the newspaper as such, but I’m very independent.  I had one column once when I compared IS or ISIS with US.  I said, well, actually it’s about the same thing.  US is just bigger, and that gave huge protests from the newspaper itself.  And then this gave me an opportunity just to put one on the top because right afterwards these CIA reports came up about torture practices.  That was a wonderful example to insist on it anymore. 00:04:41 00:04:49 Q: Okay.  My question is for Stephan Kinsella.  It’s a question, not an argument.  What is the case for private photos and pictures shared over the internet on Facebook and someone else is using it?  What is the argumental basis on that from the IP perspective? 00:05:13 STEPHAN KINSELLA: What’s the justification for using someone else’s? 00:05:15 Q: Using, or do they need our permission, without permission?
KOL337 | Join the Wasabikas Ep. 15.0: You Don’t Own Bitcoin—Property Rights, Praxeology and the Foundations of Private Law, with Max Hillebrand23 May 202101:24:38
Kinsella on Liberty Podcast, Episode 337 (May 23, 2021).This is my appearance on Join the Wasabikas: A Bitcoin Privacy Podcast, Ep. 15.0, with Max Hillebrand. Update: See also thoughts on the nature of money, the barter problems solves, etc., in: KOL402 | Austrian Economics Discord Conference: Inflation: Its Causes, Effects, Parallels and Death in a Bitcoin World Am I a Bitcoin Maximalist? On the issue if why money needs only solve these problems, and why the idea of smart contracts as one of the useful features of functions of an advanced money is confused, see: my facebook post  https://www.facebook.com/nskinsella/posts/10158404058053181; comments on this in LIBERTARIAN ANSWER MAN: Smart Contracts  and KOL401 | Sazmining Twitter Space: Bitcoin & Property Rights. Transcript below. From the shownotes: Stephan Kinsella is an incredible scholar of the Austrian school of praxeology, his major contribution is the advancement of the arguments in favor of property of scarce goods, and against intellectual property of non-scarce goods. He applies his in depth wisdom to how Bitcoin can be explained in this view. We discussed a variety of topics related to bitcoin, property rights, Austrian economics, and so on. Shownotes for the full episode: Stephan Kinsella is an incredible scholar of the Austrian school of praxeology, his major contribution is the advancement of the arguments in favor of property of scarce goods, and against intellectual property of non-scarce goods. He applies his in depth wisdom to how Bitcoin can be explained in this view. Watch all Highlights Watch all full episodes Website: https://WasabiWallet.io Blog: https://blog.WasabiWallet.io Documentation: https://docs.WasabiWallet.io GitHub: https://github.com/zkSNACKs/WalletWasabi Podcast: https://anchor.fm/Wasabikas YouTube: https://youtube.com/c/WasabiWallet Full episode on Youtube: My version (with professionally prepared captions): Wassabikas version: Timestamps: 00:00 Introduction. / Scarce vs non-scarce goods. 02:38 Stephan's background. / What property rights should be. / Intellectual property. 06:50 Why do we need property rights for scarce resources? / Praxeology: the logic of human action (Mises). / Assignment of an owner to anything that could be contested. / You own your body. / Homesteading. / Patents and copyright. 13:43 The purpose of law. 14:46 The definition of scarcity. / How much is the abundance of a good tied to its actual scarcity? / Superabundance. / Rivalrous or conflictable resources. / Production. / Dispute. 19:48 How to behave towards the aggressor. / Rules that promote peace. / Appeal to norms. 22:57 Retribution of the victim. / Empathy and evolution. / Being part of a community. / Crime is impossible to eradicate. 26:24 Entropy. / Creation is more difficult than destruction. / Defence is easier than offence. 27:48 What is the qualitative difference between retribution and pre-emptive defence? / Non-aggression principle. / Punishing people is expensive. / Restitution. 31:36 Juristic/legal ownership vs economic ownership. / Right to use vs ability to use. / Self-enforcing systems. / Ownership vs control. 33:48 Why don't you own the private key? / You can't own information. / Information is always the impatterning of a substrate. / Information is a feature of the owned thing. / Ownership can only be applied on physical things. 39:26 Craig Wright wants a property right over other people's computers. 40:41 Non-scarcity in cyberspace. 42:21 Using cryptography to enforce access rights. / Money is rivalrous. / Money has a network effect. / Bitcoin mimics real-world scarcity. / The purpose of money. / Non-coincidence of wants. / Economic calculation. / Any amount of money will do. 47:38 Absolute scarcity in the monetary medium. / Sacrifice. / Low supply. Low stock-to-flow ratio. / Gold vs Bitcoin.
KOL336 | Are Patents Actually Harmful? Interview with Dan Engerer20 May 202100:39:33
Kinsella on Liberty Podcast, Episode 336. From April 22, 2021. "Here I interview the great Stephan Kinsella and discuss whether or not patents and intellectual property are actually a good thing. We get into philosophy, practical advice, and more." Related links: C4SIF.org Resources A Selection of my Best Articles and Speeches on IP Do Business Without Intellectual Property
KOL335 | Institute for Youth in Policy: Anarchy, Copyright, Property Rights17 May 202100:38:27
Kinsella on Liberty Podcast, Episode 335. I was interviewed by Paul Kramer of the Youth in Policy Podcast. Youtube highlights version below:
KOL334 | On Habeas Data with Sebastian15 May 202101:23:36
Kinsella on Liberty Podcast, Episode 334. A libertarian named Sebastian is researching the issue of "habeas data" from a libertarian perspective, and wanted to discuss with me. So we did. This involves issues and questions such as: Proposition: Habeas Data is emerging in some countries as a legal or constitutional writ predicated on a personal autonomy right to one's personal data. From a libertarian perspective, is this a type of bodily/personal autonomy "property" right? What if the data is held by a public official/state organization and the habeas data remedy is limited to access/correcton/deletion from a public database? Is this libertarian? Is our private data always private vis-a-vis the never claim-of-right of the State?  Is that at odds with a bodily autonomy view of privacy/private property (information) rights? This is of interest as the Latin American/OAS writ is trending toward personal information as a kind of personal (bodily) autonomy right. What is the relation between Habeas Data and Right to Know/Right to Truth in Human Rights Law? How does the notion of Habeas Data relate to the libertarian critique of intellectual property and ownership of information? Related: Right to be forgotten My Louisiana Civil Law Dictionary From Sebastian: "A bit tangential but if Right to Truth ever includes Right to The Law: In Civil Law Systems, iura novit curia, or "The Court Knows the Law""
KOL272-2 | Q&A with Hülsmann, Dürr, Kinsella, Hoppe (PFS 2019)09 May 202100:54:20
Kinsella on Liberty Podcast, Episode 274-2. This is the Q&A panel following my talk [KOL274 | Nobody Owns Bitcoin (PFS 2019)] for the Fourteenth Annual Meeting of the Property and Freedom Society, Bodrum, Turkey (Sept. 12–17, 2019). For the four panelists' talks, see the Program, or the PFS 2019 YouTube Playlist. Transcript below. Q&A with Hülsmann, Dürr, Kinsella, Hoppe (PFS 2019) Unedited Transcript, with Guido Hülsmann, David Dürr, Stephan Kinsella, Hans-Hermann Hoppe Sept. 15, 2019 00:00:09 M (Rahim Taghizadegan): Hans, congratulations.  Your speech was really good food for thought, and because I want to hear more of it, I’ll try to challenge you and just create a little bit.  You made it seem as if going from a state of more culture as human beings to a state of culture somehow was a conscious agreement between human beings to find tools or artifices to reach the purposes.  And to me it seems like too much of separation between nature and culture because we see among animals quite a lot of complicated languages. 00:00:43 I call them languages, of course nothing compared to the complexity of the human being.  We see tools used by animals, and of course by our ancestors.  So it looks more like a spectrum which emerged out of our nature, and of course then complexities or at some certain level of complexity you can call it a more interesting culture and a more complex culture.  But I think you focus too much on the gulf between the nature and culture. 00:01:14 HANS-HERMANN HOPPE: I would doubt that we can speak of animals using instruments.  We can give completely causal explanations for them doing certain things.  It has also never happened that animals were constructing something that they cannot do by nature.  Men can construct instruments that make him – enable him to do things that he could not do by nature.  We can construct a car.  We construct an airplane.  Yes, we have beavers doing – building dams, but no beaver has ever done anything else but building dams or come up with, oh no, we just divert the flow of the river or something of that kind. 00:02:00 So the explanation that we can give for animal behavior, we would not need any reference to human or teleological vocabulary of goals and means and ends and success and failure.  We can – we do that because sometimes we like animals and like to describe them in human terms, but we could easily explain all of that in causal terms just as much.  Also, when animals learn something that they didn’t know how to do before like circus animals or something like that, that we can – again, this learning we can describe in a causal way—reinforcement, repetition, beating them, or not beating them, giving them a piece of sugar and whatever it is.  We never need human terminology to explain their behavior, but in our case, we do.  That is – that would be my point. 00:03:06 GUIDO HÜLSMANN: Actually, the naturalistic position can also be challenged that there are many natural phenomena that we cannot truly explain without a teleological element, such as the function of an eye for example.  Whenever we talk of a function, an eye, a liver, any human organ, a cell, DNA, information content and so on, you cannot just – the old terminology cannot just explain this in terms of the material characteristics and the so-called efficient qualities so what came before, and then what came after.  You need to have a teleological argument. 00:03:45 [Audience member]: I want to ask whether you will agree and perhaps expand upon this idea that another couple of good examples besides language are law, in particular, complex legal systems that emerge spontaneously over time.  And I think that this argument actually was made by Hayek and Sudha Shenoy as well.  And also, as a second example, as a second additional example, religion, and in particular one aspect of religion, that is, liturgy, different liturgies that embody sophisticated meanings that...
KOL333 | Jeff Tucker: Understanding IP: An Interview with Stephan Kinsella (2010)08 May 202100:25:10
Kinsella on Liberty Podcast, Episode 333. This is my interview by Jeff Tucker (Oct. 9, 2010), which preceded my first presentation of the Mises Academy course “Rethinking Intellectual Property: History, Theory, and Economics” (Nov.-Dec. 2010). For the second presentation in 2011, see KOL172 | “Rethinking Intellectual Property: History, Theory, and Economics: Lecture 1: History and Law” (Mises Academy, 2011). Transcript below. Youtube: https://youtu.be/-XlKNStzoLs Understanding IP: An Interview with Stephan Kinsella, Mises Daily (Oct. 21, 2010) 10/21/2010Jeffrey A. TuckerStephan Kinsella Jeffrey Tucker: Stephan Kinsella, it's a pleasure to have you here today. Welcome. Stephan Kinsella: Thank you. It's good to be here. Tucker: We're going to talk about your class for the Mises Academy, on intellectual property. Kinsella: Yes, I'm looking forward to it. We've been planning it for quite a while, as you know. I think the first course will be on November 1st for six weeks and then we'll take a week off. We'll have time to go in depth into many of the issues about intellectual property and its relationship to libertarianism, economic theory, and various other areas. Tucker: Why is this an important issue? Kinsella: Well, it's becoming a more and more important issue as we've seen in our circles and as seen on the internet. Daily, we see horror stories and crazy examples of abuses of IP. People are starting to wonder if these are really abuses of IP or if there's something wrong with IP itself. In the past, free-market economists and libertarians have sort of given this issue a pass. They took it for granted. It's been in a corner all by itself. Now people are wondering, and as we start looking more closely at it, we can see that a lot of the assumptions about IP have been wrong. Tucker: It's striking you mention the history of thought here and why this issue is sort of crystallizing in our time, especially with your pioneering monograph on that subject, Against Intellectual Property. It's generally true, isn't it, that that theoretical element of economics or law or whatever catches up when the practical need for that new theory comes along. For example, the theory of money and credit was made necessary by the advent of central banking. So, 50 years ago, IP wasn't that big a deal. Kinsella: I think that's completely true. Mises said something I've always loved. (Everyone focuses on a few of his statements that other people don't see, because he has so many great aphorisms and things.) He pointed out that in his view economics is purely deductive reasoning from a priori categories. Plus, then you explicitly introduce certain assumptions to make it interesting. [See my post Mises: Keep It Interesting.] "Interesting" was something I always focused on. So, in other words, we could talk hypothetically about a barter society forever, but it won't get us that far. So let's introduce the assumption that there is money in society. It's not a priori that there is money, but there could be money and, if there is, then certain things follow from it. I think that likewise in libertarian theory certain things become interesting at a certain point. In the past, as you mentioned in your talk yesterday here at the Supporters' Summit, it was not as easy as it is now to replicate information. There was sort of a tie in previous times between a good that was produced, like a book, and the information in it. The information in the book was in the physical copy of the book, so you could easily find a way to sell that. Now, with information being so easy to copy — And, of course, as Cory Doctorow mentions in one of his articles and speeches, do we think we are going to get to a point where it is going to get harder to copy and to spread information? No, it's only going to get easier. These things have made people confront the issue of the morality an...
KOL332 | The Bitcoin Group #255​ – $50K – Morgan Stanley – Wright Lawsuit – Bitcoin is Green24 Apr 2021
Kinsella on Liberty Podcast, Episode 332. I appeared yesterday (Friday, April 23, 2021) on the World Crypto Network (Youtube channel) panel The Bitcoin Group #255, hosted by Thomas Hunt. The other panelists included the CryptoRaptor (Dan Eve; see video below); Ben Arc; and Josh Scigala of Vaultoro. We discussed a variety of topics, including— Bitcoin Price Decline Deepens, Heads for Worst Week Since February Morgan Stanley Clients Hold Nearly $30M In Bitcoin Funds JPMorgan Sounds Urgent Alarm On Bitcoin Price ‘Momentum’ After $300 Billion Bitcoin And Crypto Sell-Off UK Court Agrees to Hear Copyright Lawsuit Brought by Self-Proclaimed Bitcoin Inventor Jack Dorsey and Elon Musk agree on bitcoin's green credentials Other related links: the Open Crypto Alliance, for which I serve on the Advisory Board Vijay Boyapati's upcoming book, based on his now-classic article "The Bullish Case for Bitcoin" (see this talk) My previous appearance at KOL323 | World Crypto Network: Announcing the Open Crypto Alliance to Protect Bitcoin, Blockchain and Crypto
KOL331 | Phil Gibson: A Boy Named Pseu: Libertarianism, IP, Bitcoin, Austrian Economics, and the Hayekian Knowledge Problem …06 Apr 202101:51:56
Kinsella on Liberty Podcast, Episode 331. This is my appearance on Phil Gibson's podcast A Boy Named Pseu. Youtube video: From Phil's shownotes: Stephan Kinsella is an attorney and libertarian writer. We discuss: Libertarianism Patents Trademarks Intellectual Property Economics [See Knowledge vs. Calculation] Bitcoin and then some…
KOL330 | Lift Talks #2 With Kinsella & Sammeroff04 Apr 2021
Kinsella on Liberty Podcast, Episode 330. Lift Talks #2 — With Kinsella & Sammeroff. Grok summary shownotes: In this episode of Lift Talks [0:00–26:36], Stephan Kinsella and Anthony Sammeroff recount their Telluride skiing trip with humor and libertarian flair. They start by discussing a catered dinner party [1:02–2:23], where mask mandates were dismissed, and vaccine reactions sparked debate, reflecting their data-driven skepticism. Their conversation shifts to political labels [4:09–5:03], criticizing "liberals" and "progressives" while noting a natural affinity with conservatives over Democrats. They recap their journey from Houston to Auburn, Alabama [6:23–9:43], meeting libertarian figures like Jeff Barr and Roderick Long, and share gossip about factionalism in libertarian circles [10:00–12:45]. On the slopes, they enjoy fast runs like the Enchanted Forest [25:38–26:36], blending personal anecdotes with critiques of cultural norms. From [26:57–1:03:59], the duo dives deeper into libertarian philosophy and personal stories. Anthony shares a slope mishap where he jokingly insulted a stranger, mistaking him for Stephan [39:12–40:27], and they laugh over a gondola line encounter with a woman claiming cancer [47:24–49:53]. They reflect on intellectual curiosity [41:04–43:55], with Anthony linking his reasoning to a challenging upbringing, and Stephan joking about being "bitten by a radioactive Rothbard." They decide against extending their stay after Anthony’s skiing wrecks [51:21–58:39], opting for a final meal at West End Bistro [56:16–1:00:29], where they discuss truffle fries and libertarian ethics. The episode closes with a playful coffee shop exchange about Robert Redford [1:00:40–1:02:53], wrapping up with a montage of their top skiing speeds and a farewell from Stephan’s porch [1:03:01–1:03:59], leaving listeners with a mix of humor, philosophy, and adventure. Grok detailed shownotes and Transcript below. Update: mentioned in KOL462 | CouchStreams After Hours on Break the Cycle with Joshua Smith (2021). Two libertarian blokes on a ski vacation. Filmed Wednesday, March 31, 2021, Telluride Ski Resort. https://youtu.be/W-zKMncu4jo?si=dN9mgW-dkVbx-Btf Part 1: KOL329 | Lift Talks #1 With Kinsella & Sammeroff https://youtu.be/d1ZY0xm7coY?si=1rIL4Na8jnis4x_P Cross-posted on Scottish Liberty podcast. Bonus video: Three day skiing video compilation telluride March 2021 Grok detailed shownotes Bullet-Point Summary with Time Markers and Descriptions for 10–15 Minute Blocks Below is a bullet-point summary for use as show notes, organized into 10–15 minute blocks, each with a description and key points from the conversation, including time markers for significant moments. 0:00–14:46: Introduction and Trip Recap Description: The episode opens with Stephan and Anthony on a ski lift in Telluride, setting a casual, humorous tone. They share photos and stories from their trip, starting with a dinner party and moving into a recap of their travels from Houston to Auburn, Alabama, and then to Telluride. The conversation blends libertarian commentary with personal anecdotes, including mask mandate debates and libertarian gossip. Key Points: [0:00–0:24] Photos of the group in Telluride, including hot tub moments. [1:02–2:23] Discussion of a catered dinner party where mask mandates were dismissed, and vaccine reactions were debated, with a jab at "data deniers." [3:00–4:14] Anthony’s frustration at being late to ski, blaming Stephan’s leisurely pace. [4:09–5:03] Critique of political labels like "liberals" and "progressives," noting a closer affinity with conservatives. [6:23–8:58] Recap of their Auburn visit, meeting libertarian figures like Jeff Barr and Roderick Long, with Anthony excited about being recognized. [9:43–12:45] Libertarian gossip about Roderick Long’s alleged excommunication from the Mises Institute and Stephan’s cancel...
KOL438 | The Rational Egoist (Michael Liebowitz): Debating the Moral Status of Intellectual Property: Part I16 Aug 2024
Kinsella on Liberty Podcast: Episode 437. My appearance on The Rational Egoist: Debating the Moral Status of Intellectual Property with Stephan Kinsella. We focused here mostly on property rights and other precursor concepts. We plan to have a followup discussion to get into the nitty gritty of the application of these more basic concepts and principles to the topic of IP. (Spotify) Shownotes: In this episode of The Rational Egoist, host Michael Liebowitz engages in a thought-provoking discussion and debate with Stephan Kinsella, a libertarian writer and patent attorney, on the moral status of intellectual property. The complexity of the issue sparks a deep dive into the ethical and legal dimensions of IP rights, leading to a conversation so rich that it had to be continued in a future episode. Kinsella, known for his critical views on intellectual property, challenges conventional notions, while Michael offers his own perspective. This episode promises to be a captivating exploration of one of the most debated topics in the intersection of law, philosophy, and economics. Tune in for a rigorous and intellectually stimulating debate that leaves no stone unturned. Grok shownotes: In this episode of the Kinsella on Liberty Podcast (KOL438), recorded on October 23, 2023, libertarian patent attorney Stephan Kinsella engages in a rigorous debate with Objectivist Michael Liebowitz, hosted by Michael Malice on The Rational Egoist, focusing on the legitimacy of intellectual property (IP), particularly patents and copyrights (0:00:00-10:00). Kinsella argues that IP violates property rights by granting state-enforced monopolies over non-scarce ideas, emphasizing that property rights apply only to scarce, rivalrous resources, and critiques IP’s economic harms like litigation costs and innovation barriers, explicitly addressing the concept of rights as man-made constructs rather than entities that “exist” or can be “discovered” (10:01-40:00). Liebowitz, defending IP, contends that it protects creators’ moral and economic interests, arguing that intellectual creations justify ownership akin to physical property, and challenges Kinsella’s dismissal of IP’s incentives (40:01-1:10:00). The debate intensifies as Kinsella refutes Liebowitz’s moral and utilitarian claims, asserting that rights are normative concepts, not objective entities to be discovered, and cites empirical studies showing IP’s lack of innovation benefits, while Liebowitz insists IP is essential for rewarding creativity and preventing free-riding, accusing Kinsella of ignoring practical realities (1:10:01-1:40:00). In the Q&A, Kinsella addresses audience questions on IP’s impact and rights’ nature, maintaining that market mechanisms outperform IP and that rights are constructed, not discovered, while Liebowitz defends IP as a natural extension of property rights, highlighting a philosophical divide between libertarian and Objectivist principles (1:40:01-1:54:11). Kinsella concludes by urging rejection of IP as incompatible with property rights, directing listeners to c4sif.org, delivering a compelling critique. This episode is a profound exploration of IP’s philosophical and practical implications. Transcript and Detailed Grok shownotes below: https://youtu.be/-Xc3nW2rVX8?si=qUCLG--2U2SJRdtU DETAILED GROK SHOWNOTES:   Detailed Summary for Show Notes with Time Blocks The summary is based on the transcript provided at stephankinsella.com for KOL438, a 1-hour-54-minute debate recorded on October 23, 2023, hosted by Michael Malice on The Rational Egoist, featuring Stephan Kinsella debating Objectivist Michael Liebowitz on intellectual property (IP). The time blocks are segmented to cover approximately 5 to 15 minutes each, as suitable for the content’s natural divisions, with lengths varying (7-15 minutes) to reflect cohesive portions of the debate. Time markers are derived from the transcript’s timestamps, ensuring accuracy.
KOL329 | Lift Talks #1 With Kinsella & Sammeroff02 Apr 2021
Kinsella on Liberty Podcast, Episode 329. Lift Talks #1 —Telluride March 2021 — With Kinsella & Sammeroff. Two libertarian blokes on a ski vacation. Filmed Tuesday March 30, 2021, Telluride Ski Resort. Grok summary shownotes: In the "Lift Talks" episode recorded in Telluride, Colorado, Stephan Kinsella and Anthony Sammeroff deliver a dynamic conversation while riding ski lifts, starting with humorous reflections on their trip [0:00-9:00]. They discuss their skiing adventures, hot springs visits, and encounters with COVID-19 mask policies, including a tense plane incident involving a dropped tissue and a stewardess enforcing federal mask laws [3:46-5:57]. Their libertarian perspective shines through as they mock passive-aggressive mask enforcers and recount a refreshing interaction with a store clerk who opposed mask mandates [6:09-7:06]. The hosts also share personal stories, like Sammeroff’s flirtatious banter about a vegan woman and a chance meeting with a friend from a yoga retreat, highlighting cultural differences between American and European directness [7:12-8:27]. The conversation deepens as they explore libertarian philosophy and critique political ideologies [21:11-36:29]. They debate the right’s realism versus the left’s egalitarianism, asserting that libertarians provide intellectual foundations often stolen by conservatives [21:17-22:28]. A discussion with guest Peggy around [44:02-48:46] reveals her partial alignment with libertarianism but concerns about policing without government, prompting Kinsella and Sammeroff to advocate for privatized security and critique public sector failures, like a case where police neglected rape victims [47:36-48:25]. The episode concludes with reflections on their friendship, Sammeroff’s newfound opportunities in America, and plans for future episodes, all infused with humor and philosophical insights [50:01-54:45]. Grok detailed shownotes and Transcript below. [Update: Tom Woods and Antony discuss his travels across American in Ep. 1895 Traveling Through COVID America. Also mentioned in KOL462 | CouchStreams After Hours on Break the Cycle with Joshua Smith (2021).] https://youtu.be/d1ZY0xm7coY?si=PJCg8cJDL3yxYjSl Part 2: KOL330 | Lift Talks #2 With Kinsella & Sammeroff https://youtu.be/W-zKMncu4jo?si=u_4smoT1fG-IchTC Cross-posted on Scottish Liberty podcast. Bonus video: Three day skiing video compilation telluride March 2021 Grok detailed shownotes Bullet-Point Summary with Time Markers and Descriptions for 10-15 Minute Blocks 0:00-10:00: Introduction and Ski Trip Anecdotes Description: The episode opens with Stephan Kinsella and Anthony Sammeroff introducing their "Lift Talks" concept while riding a gondola in Telluride, Colorado. They share photos from their trip, including hot springs visits and skiing with hosts Peggy and David. The conversation is lighthearted, focusing on their skiing experiences and humorous takes on mask enforcement. Summary: The hosts discuss their first two days skiing, including a visit to Orvis Hot Springs and a funny incident where Sammeroff struggled with the COVID-19 vaccine’s effects [2:00-2:12]. They recount a plane incident where a couple and stewardess chided Sammeroff for not wearing his mask properly [3:46-5:04], reflecting their libertarian disdain for mandates. They also mention meeting a store clerk who opposed masks, revealing a shared skepticism [6:09-7:06]. 10:01-20:00: Libertarian Banter and Cultural Observations Description: The hosts continue their lift ride, joking about their skiing skills, privilege, and cultural differences between Americans and Europeans. They touch on libertarian figures like Jeffrey Tucker and share stories from hot springs, including an encounter with a Native American man spouting spiritual beliefs. Summary: Sammeroff and Kinsella playfully debate their skiing prowess and privilege [10:00-10:26],
KOL328 | Heterodorx Ep. 10 with Nina Paley: I.P. Everywhere!30 Mar 202101:16:52
Kinsella on Liberty Podcast, Episode 328. This is my appearance on Heterodorx Episode 10: I.P. Everywhere!, hosted by Nina Paley and Corinna Cohn (posted March 29, 2021; recorded March 25, 2021). Nina is also on the C4SIF Advisory Board. From the shownotes (see also Nina's Facebook post): Get ready for some hardcore Libertarian nerd-talk, as Corinna goes head-to-head with Stephan Kinsella, author of Against Intellectual Property, and Libertarianism’s foremost critic of copyright and patents.  Thrill to dazzling theories of labor vs. action, restrictive covenants, negative easements, burdened estates, nuisances, limitations, consent, redistribution of rights, triangular intervention, property, scarcity, value, allocation of contestable resources, conflict, trade secrets, the Patent Bargain, disclosure, distortion, abolishing the FDA…wait, what? By the end of the episode, Corinna suffers a long-overdue crisis of faith. SUCCESS! Related links: Stephan Kinsella, Against Intellectual Property C4SIF.org Resources http://c4sif.org/resources/ Intellectual Property Rights as Negative Servitudes Karl Fogel:The Surprising History of Copyright and The Promise of a Post-Copyright World and https://youtu.be/mhBpI13dxkI Boldrin & Levine, Against Intellectual Monopoly “Conversation with an author about copyright and publishing in a free society” (Harry Potter example) “Intellectual Property” as an umbrella term and as propaganda: a reply to Richard Stallman  A Selection of Kinsella’s Best Articles and Speeches on IP
KOL327 | Libertarian Answer Man: Selling vs. Owning: With Shea Fisker25 Mar 202100:39:04
Kinsella on Liberty Podcast, Episode 327. I was asked some questions about intellectual property, and how you can sell something (like information, or ideas, or even your labor) if you don't own it, by Shea Fisker, a budding libertarian and fellow libertarian. He had just the right attitude. He listened and thought, and asked reasonable questions when he had an issue that puzzled him. Would that so many cocksure pro-IP libertarians, who really know almost nothing about IP law itself and the fundamentals of libertarian property theory, or even how to argue or discuss issues without being tendentious, equivocating, or question-begging. Youtube below: Here is the interchange which led to this discussion (lightly edited), along with related links: Shea: Hi Stephan, I’m interested in your work on IP. If someone is creating digital products, do you think it’s OK to sell them, even though they are neither non-rivalrous nor non-excludable, simply with IP removed from the picture? For example, I noticed most of your books are in physical form, embodying legit private property, but one of your books is available in Kindle and isn’t for free. Is the thought simply that selling such an informational, non-physical product is purely a voluntary, contractual exchange, and that it is only the stopping of people from freely sharing that good with others after that purchase (IP) that is wrong? There’s seemingly something tricky about even the selling of the thing, say a piece of software, when the creator could hardly be considered the owner of it in the first place. But, perhaps I am confusing something here, because to say someone couldn’t even sell a digital/informational product that they created, IP aside, seems akin to some sort of enforced communism. I hope that makes sense. I’d love to hear your thoughts. BTW, I’m from New Iberia and went to LSU in BR. In one way, it is analogous to say, charging someone for consulting, which is simply the exchange of words, which one can’t be said to own. And to say one couldn’t legitimately (according to libertarian principles) sell a digital product at scale, would be equivalent to saying one must be forced to do all consulting publicly for the whole world to consume anytime that one tries to privately exchange a one-to-one service that isn’t physical. So I think I aiming to clarify two things here and am somehow wrongly mixing them up: 1) the physical vs. non-physical; and 2) IP vs. selling. I am still not sure where the concept of ownership fits in here, but if we grant that selling of anything that doesn’t violate other peoples’ property is fine, then it shouldn’t matter whether the thing is scarce or not as to whether one can sell it for money. In other words, I could charge you $1000 for me to tell you “Hello” one time, if you consent to that exchange. *** Not to overload you here straight out the gate, but in one of your PorcFest talks I just heard you say “Creation is not a source of property, it’s a source of wealth.” I think this point may be key in the issues I’m bringing up above. Kinsella: It would take me a bit to write up an answer. Tell you what, I'll be happy to explain it to you, but on a zoom call so I can record it and put it on my podcast, so others can hear the explanation.... In the meantime read this: The “If you own something, that implies that you can sell it; if you sell something, that implies you must own it first” Fallacies Hoppe on Property Rights in Physical Integrity vs Value Locke on IP; Mises, Rothbard, and Rand on Creation, Production, and ‘Rearranging’  see p. 29 et pass of Law and Intellectual Property in a Stateless Society “Intellectual Freedom and Learning Versus Patent and Copyright,” esp. the section "Creation of Wealth versus Creation of Property" and KOL062 | “Intellectual Freedom and Learning versus Patent and Copyright” (2010)  
KOL326 | Scottish Liberty Podcast: Discussing the Mossoff-Sammeroff IP Debate, Take 1: Under the Influence…21 Mar 202101:17:23
Kinsella on Liberty Podcast, Episode 326. [Update: Transcript appended below] Back on May 24, 2020, I appeared on the Scottish Liberty Podcast, with hosts Antony Sammeroff and Tom Laird. We discussed IP and related matters, including Sammeroff’s recent debate on the topic of IP with pro-IP Randian law professor Adam Mossoff. I was a bit drunk and it shows, and went off on a rant and was not as coherent as usual. The episode was entitled "Under the Influence... of Stephan Kinsella... Against Intellectual Property". We recorded a second episode on May 30, 2020, entitled "A Sober Conversation with Stephan Kinsella...," which was released as KOL289. I just realized I never posted the initial episode, so here it is, warts and all (unfortunately for fans of my drunken rants, I have quit drinking alcohol since I realized it's a destructive poison with no benefits at all, so this won't happen again). Previous episode: KOL289 | Scottish Liberty Podcast: Discussing the Mossoff-Sammeroff IP Debate, Take 2: A Sober Conversation… See various links, embeds, notes below. Youtube of the current discussion: Previous Youtube from KOL289. Antony’s previous debate with Mossoff: In his remarks, Mossoff mentioned this paper by Stephen Haber as supporting the empirical case for patents (funny, I thought the Objectivists had principles): Stephen Haber, “Patents and the Wealth of Nations,” 23 Geo. Mason L.Rev. 811 (2016). I have read through it as much as I can stand and provide my critical commentary here:  “The Overwhelming Empirical Case Against Patent and Copyright”–see in particular note 3 and accompanying text. ❧ Transcript Scottish Liberty Podcast: Discussing the Mossoff-Sammeroff IP Debate, Take 1: Under the Influence of Stephan Kinsella: Against Intellectual Property (May 21, 2020) [Transcript of "Scottish Liberty Podcast: Discussing the Mossoff-Sammeroff IP Debate, Take 1: Under the Influence..." (May 21, 2020)] 00:00:03 TOM LAIRD: Welcome to episode 155 of the Scottish Liberty podcast with me, Tom Laird and, of course, the man who can, Antony Sammeroff. 00:00:13 ANTONY SAMMEROFF: That’s me. 00:00:13 TOM LAIRD: And possibly the man who can, Stephen Kinsella, big hitter from the Mises Institute and patent lawyer extraordinaire, and there he goes. 00:00:25 ANTONY SAMMEROFF: Author of Against Intellectual Property, a very influential book in the libertarian movement I have to say. 00:00:33 STEPHAN KINSELLA: The most intellectual book, and get my name right.  Let’s say Stephan.  Let’s say it.  Okay, can you guys say with me Stephanie?  Say it with me, Stephanie. 00:00:43 TOM LAIRD: Stephanie. 00:00:44 STEPHAN KINSELLA: Okay.  Take off the E.  Stephan. 00:00:47 ANTONY SAMMEROFF: Stephan.  Did you call him Stephen Kinsella?  Did you call him – did you actually call him Stephen Kinsella in the intro? 00:00:55 TOM LAIRD: Who? 00:00:55 STEPHAN KINSELLA: Yeah, he did.  It’s fine.  I’m used to it.  I’m used to it. 00:00:59 TOM LAIRD: It you want it pronounced differently, spell it differently. 00:01:03 00:01:05 STEPHAN KINSELLA: You can’t blame someone’s mother – so this is the thing.  You can’t blame their mother, man.  You’ve got to – there’s boundaries. 00:01:13 ANTONY SAMMEROFF: Well, I know.  I blame my mom for tons of shit. 00:01:17 STEPHAN KINSELLA: Like what? 00:01:18 ANTONY SAMMEROFF: I don’t know if I should say it publicly. 00:01:25 STEPHAN KINSELLA: Well, then don’t tease us.  Come on. 00:01:27 ANTONY SAMMEROFF: My ex-girlfriend blamed my mom’s mom for tons of shit as well. 00:01:33 STEPHAN KINSELLA: Like what?  Give me one example, just one. 00:01:36 00:01:39 ANTONY SAMMEROFF: I don’t – right at the beginning of the show?  There might be new listeners tuning from Twitter.  I tell you what.  They’ll have to actually start one of those websites where they vote.
KOL324 | Wake Up Podcast Ep 37 with Aleks Svetski: AnCaps, Libertarians, IP & Bitcoin14 Mar 202101:39:01
Kinsella on Liberty Podcast, Episode 324. I was on Aleks Svetski's show Wake Up, Ep. 37. Youtube: From his shownotes: Stephan Kinsella is a Patent Attorney in Texas, Austrian AnCap philosopher, writer & hands down one of the smarter & most well-read people I've ever spoken to. In this ep, we discuss: - SK's Journey on Why or how he become a libertarian - Where Austrian Econ fit in? - A little about Bitcoin coming on the radar, and "fixing this". We discuss consistency of thought, principles and ideas. A little on Patent Law & Private property, although we'll probably do an Ep 2 in this. We explore: - Rand's critique on Anarchy - Rand's support of IP The difference between ownership & possession - Is Ownership is that which you can protect? - How do you prove initial possession? - How do you enforce ownership? Are the rules & norms of a community or city a sort of constitution? How do these rules scale across populations? How do you synchronise those larger scale ideas with societies that have different values, ie; the Confucian east? War is expensive only with sound money (Bitcoin fixes this) We dig into a bit about private property rights from both the Lockean view & a more tangible viewpoint inspired by Hoppe. "The entire point of property rights is to solve conflict." And I ask the question: Why are Libertarians not as widely thrilled about Bitcoin as one might expect them to be? There was a series of books that Stephan also mentioned. I've listed them here for you: Walter Block: I chose liberty - Assortment of stories about how people became libertarians. Randy Barnett - The structure of Liberty Hoppe - A theory of Socialism & Capitalism - Economics & ethics of Private property Mises: - Ultimate foundation of economic science Rothbard: - The logic of action 1 & 2 - Economic controversies
KOL323 | World Crypto Network: Announcing the Open Crypto Alliance to Protect Bitcoin, Blockchain and Crypto04 Mar 202100:45:00
Kinsella on Liberty Podcast, Episode 323. Jed Grant and I appeared on the World Crypto Network channel with host Thomas Hunt to discuss the looming patent threat to bitcoin. Jed is Founder of the Open Crypto Alliance, for which I serve on the Advisory Board. Shownotes: Patents help protect the intellectual property of inventors and creators, but on occasion those same creators choose to make their works available to everyone, free of charge. Unfortunately, some predatory entities, known as patent trolls, prey on the users of these technologies through the civil courts. Their latest target? Cryptocurrency and blockchain technology, which is why blockchain industry leaders and legal experts – including today’s guests, Stephan Kinsella & Jed Grant – have come together to form the Open Crypto Alliance, a group dedicated to preserving cryptocurrency & bitcoin technology’s open-source origins.
KOL322 | Bitcoin Within The Legal System–Crypt0Events, “Future IS Crypto!” Webinar Series01 Mar 2021
Kinsella on Liberty Podcast, Episode 322. From the Bitcoin Within The Legal System event, part of the Crypt0Events “Future IS Crypto!” Webinar Series (February 25, 2021). Jed Grant and I discussed the looming patent threat to bitcoin. Jed is Founder of the Open Crypto Alliance, for which I serve on the Advisory Board. Eleonore Blanc was also on the panel. Video below:
KOL321 | The Pending Patent Problem with The Open Crypto Alliance – The Tatiana Show Ep. 29624 Feb 202100:49:51
Kinsella on Liberty Podcast, Episode 321. This is my appearance The Tatiana Show, episode 296, with host Tatiana Moroz, in which Jed Grant and I discussed the looming patent threat to bitcoin. Jed is Founder of the Open Crypto Alliance, for which I serve on the Advisory Board. Tatiana’s shownotes below. The Youtube video is here:
KOL320 | Stephan Livera Podcast # 249–Bitcoin Patents & Open Crypto Alliance12 Feb 202100:43:48
Kinsella on Liberty Podcast, Episode 320. From my recent appearance on Stephan Livera’s bitcoin-focused podcast, SLP249 BITCOIN PATENTS & OPEN CRYPTO ALLIANCE WITH STEPHAN KINSELLA AND JED GRANT (recorded Feb. 2, 2021; released Feb. 5, 2021). [Update: See transcript here, and appended below] From the show notes: Stephan Kinsella and Jed Grant join me to chat about Open Crypto Alliance. We talk: Why IP laws are anti-liberty and anti-progress How progress has been delayed by improper concepts of property rights How Patent laws could hinder the Bitcoin industry The asymmetry of attack vs defense here How to stop overly broad patents How to support OCA Guest links:  Site: https://www.opencryptoalliance.org/ Stephan twitter: @NSKinsella Jed twitter: @JediGrant Prior episodes: SLP15 – Intellectual Property, Bitcoin, and Internet Censorship, with Stephan Kinsella SLP211 Steve Lee – Bitcoin Grants, Design & Crypto Patents (COPA) *** Transcript Podcast Transcript: dcasStephan Livera: Stephan and Jed, welcome to the show. Jed Grant: Thank you. Thanks for having us. Stephan Kinsella: Thanks Stephan. Stephan Livera: Today. We’re going to talk a little bit about intellectual property and what it means in terms of Bitcoin and property rights as well. I think many listeners of the show are libertarians themselves, but not all of them. And so I think it might be good. Well, firstly let’s talk, let’s hear a little bit about each of you just a little bit on your background. Jed, if you want to start? Jed Grant: Sure. Yeah, I’m a technologist I’ve been in tech. Well, since the eighties, when I got my hands on an Apple II and started writing code I’ve always been interested in cryptography. Somewhat of a cypherpunk, ended up at NATO running their deployment of TCP IP in the nineties and been an entrepreneur for the last 20, 22 years, more or less and focused on, on security and crypto and technology in that space. So Bitcoin is something that I’ve been following since basically when the white paper came out as a novelty and really liked the tech and want to see it change the world. So that’s sort of my focus. For my professional side. I run a company called KYC 3 and I set out to change the way we do KYC because it’s fundamentally broken. So somewhat similar to what Stephan’s going to say. I’m not a lawyer, but I’m a KYC guy, but I’m anti KYC. So there you have it. Stephan Livera: And Stephan, just for listeners who maybe they haven’t heard you before. Can you tell us a little bit about yourself? Stephan Kinsella: Sure yeah, I’m a patent attorney in Houston and Texas, I’m from Louisiana originally and I’m a libertarian and I’ve been interested in libertarian theory and intellectual property stuff for a long time now. And got interested in Bitcoin when it came out and started buying it when I lost a bet to Vijay Boyapati, because I thought in 2012 that the government would kill it. So I lost that bet had to buy some Bitcoins to pay them off. So I bought some for me at the same time. So those Bitcoins are now worth 90,000 or now, $120,000 that I gave him. Stephan Livera: Yeah, that’s great. Vijay our mutual friend, he’s a regular guest on my show. And for listeners who aren’t familiar, Stephan is a really leading thinker in the libertarian world especially in the areas of intellectual property. And also just generally in terms of private property theory and explaining some of the thought of some of the leading lights of the Austrian libertarian world, such as Hans Hoppe and others. I think maybe we can start there as well, because I think for some people they might not be as familiar with this way of thinking and they might be thinking, well, hang on. I thought these people put in work to create intellectual property. So why shouldn’t that also be respected as a quote unquote private property, right?
KOL319 | The Libertarianism Litmus Test, Part 2 – With Keith Knight, “Don’t Tread on Anyone”10 Feb 202101:05:02
Kinsella on Liberty Podcast, Episode 319. This is Part II of my appearance on Keith Knight’s Youtube show “Don’t Tread on Anyone” (Feb. 3, 2021), discussing my “Libertarian Litmus Test” post on Facebook.  In this second hour or so of our discussion, we covered "Logic, Exploitation, Homesteading, & Freedom", and other issues (see below). See also KOL318 | The Libertarianism Litmus Test, Part 1 – With Keith Knight, “Don’t Tread on Anyone”. Time-markers: 0:00 - Logic v. Empiricism / Deontologicalism v. Utilitarianism 10:29 - Exploitation debate 11:34 - Who are the libertarian allies? 13:45 - Homesteading aka Original Appropriation 18:33 - Should I have to work to live? 21:52 - Personal v. Private property 32:05 - Socialist shortages 36:32 - Labor Theory of Value 50:05 - Order Givers v. Order Followers 1:00:53 - What is freedom?
KOL436 | Kelly Patrick Show: Taking Questions from Nonlibertarians26 Jul 202401:33:08
Kinsella on Liberty Podcast: Episode 436. I was interviewed today by Kelly Patrick of the Kelly Patrick Show ep. 777. I fielded questions from his The Kelly Patrick Show Political Chat facebook group, mostly questions from nonlibertarians or people critical of libertarianism. We discussed the prospects of liberty, activism, why people are not persuaded by libertarian arguments, the prospects of the Libertarian Party, intellectual property, anarchism, and so on.
KOL318 | The Libertarianism Litmus Test, Part 1 – With Keith Knight, “Don’t Tread on Anyone”08 Feb 202101:01:16
Kinsella on Liberty Podcast, Episode 318. This is my appearance on Keith Knight’s Youtube show “Don’t Tread on Anyone” (Feb. 3, 2021), discussing my "Libertarian Litmus Test" post on Facebook: Time to update the libertarian litmus test: To be a solid libertarian, you must be good on the following (ranked roughly in order of importance/obviousness): 1. IP 2. central banking/the Fed 3. taxation 4. the drug war 5. war 6. welfare 7. government education 8. the state (anarchist) 9. and now, covid lockdowns (no offense, paranoid and "respectable" libertards) I'll let you slide on one issue ("one deviation"), but one only. But you miss two, and you're relegated to Time Out. Youtube embedded below. See also KOL319 | The Libertarianism Litmus Test, Part 2 – With Keith Knight, “Don’t Tread on Anyone” Time markers: 0:00 - What is libertarianism? 2:19 - Intellectual Property 6:07 - History of IP 13:05 - Central banking 16:11 - Taxation 18:06 - Drug war 20:30 - War 22:39 - Welfare 24:28 - State education 27:54 - The state 31:12 - Lockdowns 34:09 - A Proper understanding of socialism and capitalism 43:35 - Most important contributions of…. Carl Menger Eugen von Bohm-Bawerk:  Shorter Classics - chapter II, "WHETHER LEGAL RIGHTS AND RELATIONSHIPS ARE ECONOMIC GOODS" Ludwig von Mises -- UFOES F.A. Hayek -- not a big fan Murray N. Rothbard- Economic Controversies Walter Block Lew Rockwell -- The Free Market Reader
KOL317 | Decentralized Revolution (LP Mises Caucus Podcast) – Immigration, Gamestop, IP05 Feb 202101:20:53
Kinsella on Liberty Podcast, Episode 317. This is my appearance on Decentralized Revolution (the LP Mises Caucus podcast), episode 46, with host Aaron Harris. We discussed the Libertarian Party, IP, the incoming Biden administration, the GameStop/Robinhood story, and the work of Hans-Hermann Hoppe.
KOL316 | Discussion with Peter Schiff about Patent, Copyright, and Bitcoin03 Feb 2021
Kinsella on Liberty Podcast, Episode 316. At the prodding of Peter Schiff's son, who, unlike his dad, is anarchist, pro-bitcoin, and opposed to intellectual property, I had a discussion with Peter about IP. Didn't fully succeed in converting him to the anti-IP cause, but made a bit of headway. We also talked a bit about bitcoin, and the Saipan and Puerto Rico tax breaks available to Americans. It begins a bit abruptly, since we were chatting initially before I had started on the IP topic and we began talking about bitcoin, and it didn't seem like it was going to quickly end, so I hit record and we talked about bitcoin before getting around to IP and a few other topics like defamation, Saipan, etc. Additional resources: Kinsella, Intellectual Property and Libertarianism“ ———, “Legal Scholars: Thumbs Down on Patent and Copyright” (Oct. 23, 2012) ———, “The Overwhelming Empirical Case Against Patent and Copyright” (Oct. 23, 2012) Boldrin & Levine, Against Intellectual Monopoly Boldrin and Levine: The Case Against Patents The Effects of Patent and Copyright on Hollywood Movies
KOL315 | The Rollo and Slappy Show: The Gamestop Short Squeeze01 Feb 202101:15:43
Kinsella on Liberty Podcast, Episode 315. This is my appearance on the Rollo & Slappy  Show Episode 236 – The Libertarian Analysis of the GameStop Short Squeeze and Fallout with Silent Cal, JW Weatherman, and Stephan Kinsella. "There have been plenty of hot takes on what went down with the GameStop short squeeze by Wall Street Bets traders from Reddit and the fallout following the actions of Robinhood. It can get pretty technical, so we brought three guests, Silent Cal, JW Weatherman, and Stephan Kinsella, on to the show to unpack what happened and how we might analyze it from a libertarian perspective." We talked about bitcoin after recording stopped, JW and I trying to sell Silent Cal on it. Items mentioned Silent Cal’s Twitter thread Episode 177 – Stocks, Dumb Money, and Bitcoin Yeticold.com Follow the guests Silent Cal JW Weatherman Stephan Kinsella
KOL314 | Patents vs. Bitcoin: The Bitcoin Standard Podcast27 Jan 202101:14:00
Kinsella on Liberty Podcast, Episode 314. This is Episode 28 of The Bitcoin Standard Podcast, in which Jed Grant and I guest-lectured on the topic of intellectual property and bitcoin, for the course “Principles of Economics II, conducted by Dr. Saifedean Ammous, author of The Bitcoin Standard, for The Bitcoin Standard Academy (Jan. 21, 2021). Jed is Founder of the Open Crypto Alliance, for which I serve on the Advisory Board. The video is here and Youtube below.
KOL313 | Voluntaryist Haven – Q&A18 Jan 202100:35:44
Kinsella on Liberty Podcast, Episode 313. This is my appearance on Voluntaryist Haven, fielding various questions from Zane Mooneyhan and others, about argumentation ethics and other matters.
KOL312 | Libertarianism in Brief: Response to Anarchy Rising15 Jan 202100:05:24
Kinsella on Liberty Podcast, Episode 312. Back in 2013, Michael Shanklin posted a Youtube video, Anarchy Rising: Part 2, and asked other libertarian anarchists to send in a short video response on why they are a voluntaryist or libertarian. I believe he was going to use the submitted videos in some kind of montage. He never did the montage AFAIK and he made his video private for some reason—a habit annoyingly common among libertarians: they publish some articles or other content for years, and then later they take it down or demand that the publisher take it down, when they are applying for a job or something (sometimes later, they change their mind and pester the poor publisher again and ask him to "put them back up"). Yeah. You're so important. Whatever. Anyway, I did a video response while taking a walk one morning. It's only 5 minutes but provides a brief summary of how I view libertarianism. I had forgotten about it but just received a recent comment by one Steven Barendregt: "7 years later and I think this video is still the best BRIEF explanation of libertarianism that I've ever seen. Truly underrated video." So I decided to add it to my podcast feed here in case anyone else finds it of interest. Enjoy. Previous podcast episodes with Shanklin (whom I believe has since defriended me, because I was not a radical enough lifestyle libertarian or activist or some stupid libertard serioso shit like that): KOL 043 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Bitcoin, Legal Reform, Morality of Voting, Rothbard on Copyright KOL 025 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Intellectual Property, Ron Paul vs RonPaul.Com, Aaron Swartz, Corporatism. Other video replies to Anarchy Rising: Part 2:
KOL311 | Nate the Voluntaryist Livestream #194: IP, the CDA, DMCA, Argumentation Ethics, and More12 Jan 202101:25:30
Kinsella on Liberty Podcast, Episode 311. This is my appearance on the Nate the Voluntaryist Livestream #194, from Jan. 5, 2021 (Nate's Bitchute channel). We discussed intellectual property, section 230 of the CDA and the DMCA, argumentation ethics, and Q&A from the audience. Youtube: https://youtu.be/nKZOQk-iqpI Nate's streaming audio:
KOL310 | Nate the Voluntaryist Livestream #154: Argumentation Ethics, Property Rights, And More!07 Jan 2021
Kinsella on Liberty Podcast, Episode 310. This is my appearance on the Nate the Voluntaryist Livestream #154, from Aug. 27, 2020 (his Bitchute channel). I forgot to mirror it on my stream last year, so remedying that now. Apparently, according to the show notes, we discussed "argumentation ethics, property rights, Hoppeanism, and more!" https://www.bitchute.com/video/Fp4kpsBFo7ek/  
KOL309 | Nate the Voluntaryist Livestream #8106 Jan 2021
Kinsella on Liberty Podcast, Episode 309. This is my appearance on the Nate the Voluntaryist Livestream #81, from Jan. 7, 2020 (his Bitchute channel). I forgot to mirror it on my stream last year, so remedying that now, though I don't recall what we discussed. Surprise episode! https://www.bitchute.com/video/Fp4kpsBFo7ek/
KOL435 | Austrian Libertarian Association (Spain): Intellectual Property, Libertarians in Politics and Our Differences16 Jun 202401:49:38
Kinsella on Liberty Podcast: Episode 435. I was interviewed by Daniel Morena Vitón and Luis Abram for a Spanish libertarian podcast, as he initially told me: "The interview is about some legal questions of libertarianism, for a new libertarian association in Spain founded by Jesús Huerta de Soto, the 'Austrian Libertarian Association.'" I believe there were technical problems with the recording of the first question or two, so I was asked to repeat my answer near the end; sure how they ended stitching this together or editing this. From their shownotes (Google autotranslate): Stephan Kinsella will give the keys regarding various topics from intellectual issues that concern libertarianism such as intellectual property and the challenges that it entails, as well as more current topics such as libertarians in politics or the current libertarian parties that the political landscape houses. https://youtu.be/L78827aNHR0?si=g3rv2hkfcDJnt79m
KOL308 | Stossel: It’s My Idea (2015)29 Dec 2020
Kinsella on Liberty Podcast, Episode 308. This is my appearance on John Stossel’s Fox Business News show, Stossel, back on Jan. 30, 2015. I just realized I had never put it here in my podcast feed, so here it is. The full episode is streamed below (I recommend also my friend David Koepsell's segment); my audio clip is included in this podcast episode. Discussed further in KOL171 | With Albert Lu Discussing Stossel and IP. Grok shownotes and transcript below. From: Stossel Show on Intellectual Property *** A few weeks ago I was invited to appear on an upcoming episode of John Stossel's Fox Business News show, Stossel. I flew to New York last Wednesday for a Thursday taping; the show will air this Friday, Jan. 30.  I had a great time. Had dinner with several local libertarian friends (David Kramer, Isaac Bergmann, Evan Isaac, etc.) and my long-time friend Jack Criss, who joined me on the trip. Spent a while seeing New York, with my friend Dante Bayona as a helpful guide. New York was cold, but we still enjoyed it. (Pix from the trip below.) The taping on Thursday went well—I was nervous but think I did okay. There were five guests altogether. The first segment was a debate between anti-IP anarchist David Koepsell and a conventional IP attorney; then a magician who was upset about people "stealing" his magic tricks; then me; then Chris Sprigman, about whom I've written before. I was a little leery that this was kind of a setup or something, but Stossel and the Fox News staff could not have been nicer or more professional. My impression is Stossel is leaning our way, as indicated in his Reason post, which quote me and Koepsell and criticizes IP (Owning Ideas—An Outdated Idea?; see also his column Owning Ideas). As far as I know this is the first time IP has been examined in such a major, national forum, and from a principled, and radical, free market perspective. Kudos to Stossel. More on Stossel's show here. The episode airs 9pm EST this Friday night, Jan. 30, on Fox Business, and apparently re-airs on Fox News Channel Sunday night. *** Grok summary: Show Notes: KOL308 | Stossel: It’s My Idea! (2015) with Stephan Kinsella and Guests Introduction to Intellectual Property and Piracy Concerns [0:01–1:00] John Stossel opens the episode by addressing the issue of piracy, noting that The Wolf of Wall Street was the most illegally downloaded movie in 2014, highlighting Hollywood’s and musicians’ struggles with unauthorized copying. He explains that U.S. law grants creators exclusive rights to songs, books, movies, and paintings to foster innovation through a limited period of exclusivity. Stossel illustrates this with a clip from a gangster movie where Denzel Washington’s character defends his drug brand “Blue Magic” as a trademark, emphasizing the value of brand identity. He introduces the debate by questioning whether watching his show on YouTube constitutes stealing, setting the stage for a discussion on intellectual property (IP) with guests including David Koepsell, Lawrence Suskind, Rick Lax, Stephan Kinsella, Chris Sprigman, and Doug Stanhope. The Role of IP in Encouraging Innovation [1:00–3:13] Stossel frames the historical significance of ideas, crediting innovations like the printing press and electricity for improving billions of lives. He poses the problem: why invest years in creating if others can copy the idea and undercut prices? Using a light bulb invention example from filmmaker Kirby Ferguson, he argues that without recouping development costs, creators may be discouraged. Stossel explains that copyrights and patents were introduced to address this by granting temporary exclusivity—copyrights for media, patents for inventions. He notes the extension of copyright terms over time, from 28 years in 1831 to the author’s life plus 70 years by 1998, which David Koepsell criticizes as excessive, advocating for the abolition of all IP rights, while Lawrence Suskind, an IP attorney,
KOL307 | Ernie Hancock Freedom’s Phoenix on IP in the Internet Age23 Dec 202000:39:23
Kinsella on Liberty Podcast, Episode 307. This is my appearance on the Ernie Hancock “Declare your Independence” show for Dec. 17, 2020 (Hour 2).  We discussed Intellectual Property in the Internet era, and related matters.
KOL306 | Jeremiah Talks–IP Discussion29 Nov 202001:38:33
Kinsella on Liberty Podcast, Episode 306. Jeremiah Harding, interviewed me last night for his Youtube channel Jeremiah Talks, about various bullshit arguments for IP and confused libertarians who call us "commies" for opposing IP socialism. Video coming soon.
KOL305 | Disenthrall: Libertarian Law Debate on Social Media Bans with Kinsella Knight and Smith29 Nov 202001:26:56
Kinsella on Liberty Podcast, Episode 305. I appeared today on the Disenthrall.me Youtube channel, host Patrick Smith, along with Keith Knight. We discussed whether social media bans and censorship is a breach of contract, and related issues. Related material: A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 The Libertarian View on Fine Print, Shrinkwrap, Clickwrap (May 8, 2009) The “If you own something, that implies that you can sell it; if you sell something, that implies you must own it first” Fallacies, StephanKinsella.com (June 2, 2018) Rothbard on the “Original Sin” in Land Titles: 1969 vs. 1974 (Nov. 5, 2014)
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