KOL493 | Rothbard’s Greatest Hits: A Personal Mix Tape (Porto, Portugal)
Monday, June 29, 2026 • Duration
Kinsella on Liberty Podcast: Episode 493.
This is my talk "Rothbard’s Greatest Hits: A Personal Mix Tape," delivered at “100 Years with Rothbard,” Porto, Portugal, June 27, 2026 (iPhone audio).
https://youtu.be/1hNkL_a3Pcc?si=hzYou5BvUTpZvenl
This was a simply wonderful event. As noted here, 100 Years with Rothbard was held yesterday in beautiful Porto, Portugal (June 27, 2026), sponsored by several Portuguese libertarian groups: Mises Portugal, Catalaxia, Don’t Trust Verify (bitcoin podcast), ZugaTV (libertarian podcast), and Golpe de Estado Podcast (ancap podcasters). It featured and was attended by a number of Property and Freedom Society (PFS) members, including myself, Hans Hoppe and Gülçin Imre Hoppe, Saifedean Ammous, Thomas Jacob, Gregory and Joy Morin, and Alessandro and Domitia Fusillo. Hoppe, and Ammous and I spoke at the conference along with others. It was a wonderful event, attended by hundreds from Portugal and many other countries.
In addition to the speeches, the cloth print version of Rothbard at 100: A Tribute and Assessment was presented and released yesterday, as was its Brazilian Portuguese translation, 100 Anos de Rothbard: Uma Homenagem e Apreciação, as well as Fundamentos Legais de uma Sociedade Livre, the European Portuguese translation of my book Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023).
A full report of the conference will be published presently. In the meantime, for an outside commentary see Rothbard 100, in Porto: A Misunderstood Genius in a Room of People Who Understood.
Related
100 Years with Rothbard
Rothbard 100, in Porto: A Misunderstood Genius in a Room of People Who Understood
Rothbard at 100: First Hardcopies Printed
A few pictures and tweets below, and my speaking notes.
Photos
Rothbard at 100 Porto June 2026 - Manuel Ogando, the organizer
Rothbard at 100 Porto June 2026 - Kinsella on Stage
Rothbard at 100 Porto June 2026 Rothbard chocolates
Tweets
I stole your photo. Apologies for not mentioning you, I arrived late https://t.co/vAMa9BkNVq
— beegarc. (@beegarc_) June 28, 2026
The Rothbard 100 conference in Porto was an amazing success
With H. H. Hoppe, @NSKinsella, @saifedean and many others
Congrats and many thanks to the organizers, especially @mcaogando https://t.co/3iCBFcp2e1 pic.twitter.com/LV58GtDSt7
— Yorick de Mombynes (@ydemombynes) June 28, 2026
FYMNR! pic.twitter.com/8X72NbRJwZ
— Stephan Kinsella (@NSKinsella) June 27, 2026
Terminou o evento https://t.co/vcORQSJOpN
O melhor e mais memorável evento que participei e vejo que é opinião também de muitos dos palestrantes.
O libertarianismo português lembra muito o brasileiro pre-covid.
A oportunidade que eles têm nas mãos é gigantesca e o conteúdo…
— Fhoer 🧉 (@Fhoer_here) June 27, 2026
Listening to the greats, Hans-Hermann Hoppe and @NSKinsella, at the Rothbard at 100 conference in Porto. pic.twitter.com/OcL1z4Tv9M
— Saifedean Ammous (@saifedean) June 27, 2026
A palestra do Kinsella no evento deixa algo muito claro: Não se levem tanto a sério, ao menos não o tempo todo
O aprendizado ficar mais palatável, leve e até mesmo cativante.
O Rothbard dos livros, artigos e teses era o mesmo das piadas, peças e memes.
Se você não conseguir… pic.twitter.com/y48MqYkduT
— Fhoer 🧉 (@Fhoer_here) June 28, 2026
Podcast with @R38TAO, so to speak https://t.co/ERtwAtMIp0
— Hans-Hermann Hoppe (@HoppeQuotes) June 28, 2026
A palestra do Kinsella no evento deixa algo muito claro: Não se levem tanto a sério, ao menos não o tempo todo
O aprendizado ficar mais palatável, leve e até mesmo cativante.
O Rothbard dos livros, artigos e teses era o mesmo das piadas, peças e memes.
Se você não conseguir… pic.twitter.com/y48MqYkduT
— Fhoer 🧉 (@Fhoer_here) June 28, 2026
Happy 100th birthday Murray Rothbard, so to speak!
With @NSKinsella in Porto 🇵🇹https://t.co/koamzNCSzJ pic.twitter.com/lP89ikB9Eb
— Hans-Hermann Hoppe (@HoppeQuotes) June 28, 2026
Os memes que plantamos 8 anos atrás renderam frutos, juros e dividendos. pic.twitter.com/rVWOAZlFlg
— Fhoer 🧉 (@Fhoer_here) June 27, 2026
FYMNR! pic.twitter.com/8X72NbRJwZ
— Stephan Kinsella (@NSKinsella) June 27, 2026
In Porto 🇵🇹, so to speak pic.twitter.com/dxDa0SGeVK
— Hans-Hermann Hoppe (@HoppeQuotes) June 27, 2026
Grok Notes from my Shownotes
Rothbard’s Greatest Hits: A Personal Mix Tape
Recorded live at the Rothbard at 100 conference
Porto, Portugal • June 27, 2026
Presented by Stephan Kinsella
Property and Freedom Society • C4SIF.org
In this entertaining and insightful talk, Stephan Kinsella delivers his personal “greatest hits” selection from Murray Rothbard’s enormous body of work — the ideas, arguments, and even the funniest moments that have influenced him most over the decades.
Show Notes & Key Points
Libertarianism and Rothbard
Kinsella has been a libertarian since high school (age ~15) — about 45 years.
He became a Rothbard fan just a couple of years later, as soon as he started reading him.
He has been an intellectual property attorney for ~33 years (since 1993) and has been opposed to IP for the same length of time.
Rothbard’s Greatest Hits – A Personal Mix Tape
In his chapter in the new book Rothbard at 100: A Tribute and Assessment (edited by Stephan Kinsella and Hans-Hermann Hoppe), Kinsella highlights Rothbard’s most important and interesting insights.
He compares the talk to making a “Rothbard greatest hits” mix tape — the kind he used to make for girlfriends — or even a mix containing only the guitar solos from his favorite band, Rush (another passion he’s had since age 15).
Others’ Favorite Rothbard Works
Rothbard was incredibly prolific. Here are some of his most popular and influential works mentioned:
Man, Economy, and State
Power and Market
For a New Liberty
The Ethics of Liberty
Conceived in Liberty (multi-volume)
America’s Great Depression
What Has Government Done to Our Money?
An Austrian Perspective on the History of Economic Thought
The Betrayal of the American Right
Anatomy of the State
The Progressive Era
“War Guilt in the Middle East”
Highly recommended collections:
The Free Market Reader
The Irrepressible Rothbard (2000)
Making Economic Sense (1996)
Economic Controversies (2011)
One of the best pieces ever written about Rothbard is Hans-Hermann Hoppe’s introduction to the 1998 edition of The Ethics of Liberty.
Kinsella’s Personal Favorites
These are the ideas and writings Kinsella has found most useful, interesting, or clever:
The Dog That Did Not Bark (Rothbard on IP)
At a 1988 panel discussion on ethics with Rothbard, Hoppe, and others, someone asked Hoppe whether personal sovereignty extends to knowledge and ideas.
Hoppe’s answer: “In order to have a thought you must have property rights over your body. That doesn’t imply that you own your thoughts. The thoughts can be used by anybody who is capable of understanding them.”
Rothbard remained silent. Hoppe later said he believes Rothbard was “almost there” and would have adopted the full anti-IP position had he lived longer.
Contract Theory – Title-Transfer Theory
One of Rothbard’s most important contributions (developed with Williamson Evers) is the title-transfer theory of contract. Rothbard suggested the idea, Evers wrote it up, and Rothbard later used it in The Ethics of Liberty.
This theory finally makes coherent sense of contract law as an extension of property rights rather than a separate mystical category.
Utility and Welfare Economics
In “Toward a Reconstruction of Utility and Welfare Economics” (in Economic Controversies), Rothbard emphasized that value is not a measurable, cardinal quantity that can be interpersonally compared — a point also stressed by Mises.
Taxonomy of State Intervention
In Power and Market, Rothbard systematically classifies state interventions as:
Autistic
Binary (e.g., taxation)
Triangular (e.g., antitrust, licensing, and intellectual property)
Kinsella notes that IP is a classic triangular intervention — a nonconsensual negative servitude that lets the IP holder control other people’s property.
The Funny Rothbard
Rothbard had a sharp wit. Some highlights Kinsella loves:
“Mozart Was a Red” — a hilarious play mocking “dimwit and serioso” Randians.
“Hoppephobia” (Liberty magazine, March 1990) — Rothbard’s response to a critical review of Hoppe’s book. Classic line: Hoppe’s work has the “remarkable capacity to send some readers up the wall, blood pressure soaring, muttering and chewing the carpet.”
The Galambos story: A Galambosian author who believed in perpetual IP sent Rothbard a $100 check for using his ideas. Rothbard returned it, saying that if the author really believed in owning ideas, he owed all his royalties, not just $100.
Critiques of Nozick and Georgism
Rothbard’s devastating critique of Robert Nozick’s argument for the minimal state in “Robert Nozick and the Immaculate Conception of the State.”
Complete demolition of Georgism in “The Single Tax: Economic and Moral Implications” and the reply to Georgist criticisms. (Kinsella adds: “Egads, I hate Georgism.”)
Method
Next to The Ethics of Liberty, Kinsella finds Rothbard’s essays in Economic Controversies (especially Part One: Method) among the most useful. He compares them to the first 100 pages of Mises’ Human Action on methodology.
Resources & Further Reading
Book: Rothbard at 100: A Tribute and Assessment — Available at PropertyAndFreedom.org
Kinsella’s chapter & related article: Read here
IP as Negative Servitudes: C4SIF.org article
Stephan Kinsella’s site: StephanKinsella.com
C4SIF: C4SIF.org
Property and Freedom Society: PropertyAndFreedom.org
Kinsella Slide Shownotes
From powerpoint:
Stephan Kinsella
...
KOL492 | Menger Institute Podcast #6: Property Rights, Patents, Anarchy, Patents, Anarchy, Technology, Long-Term Hope for Freedom and the Technological Death of the State
Saturday, June 13, 2026 • Duration
Kinsella on Liberty Podcast: Episode 492.
https://youtu.be/wORPhS6dTv4?si=m01gSOxqjHJ3vDEW
This is my interview by Matthew Geiger of the Carl Menger Institute for Menger Institute Podcast #6 (recorded June 11, 2026). Shownotes and transcript below.
Related tweet:
at 13:20, defending the late Millennials and early Gen Z against snide criticisms of their plight--living with their parents, working at Starbucks, playing video games, not having kids, and so on--by the older generations who did this to them. Inflation, shitty schools, the debt…
— Stephan Kinsella (@NSKinsella) June 14, 2026
Related links
TBD
Shownotes (Grok)
Podcast Show Notes
Episode Title: Stephan Kinsella: From Patent Attorney to Anarcho-Libertarian Theorist – Property Rights, IP, Bitcoin, and the Future of Liberty
Guest: Stephan Kinsella – Retired patent attorney, prolific libertarian writer, anarcho-libertarian legal theorist, and key figure associated with the Mises Institute and Property and Freedom Society.
Episode Summary:
Matthew Geiger sits down with Stephan Kinsella for a deep, wide-ranging conversation covering Kinsella’s personal journey into libertarianism, the philosophical foundations of libertarian thought, the critical importance of property rights, the case against intellectual property, generational challenges, technological disruption, foreign policy critiques, and an optimistic long-term vision for human freedom.
Topics & Timestamps
Introduction
0:00
Matthew Geiger welcomes listeners to the Menger Institute podcast and introduces Stephan Kinsella as a retired patent attorney and libertarian writer. Kinsella expresses his excitement about the conversation.
How Stephan Kinsella Discovered Libertarianism
0:19
Matthew Geiger asks Kinsella to share his personal story, including his work with Murray Rothbard and Hans-Hermann Hoppe. Kinsella recounts growing up in a conservative Louisiana household with little political or economic knowledge. A librarian gave him The Fountainhead in high school, sparking his interest in philosophy, individualism, and free-market economics. He read voraciously, quickly became a libertarian, then an Austrian, and eventually an anarchist during college and law school. He practiced oil & gas, international, and eventually patent law for 30 years while pursuing libertarian theory as an avocation, attending Mises Institute events since 1995.
Libertarian vs. Anarchist: Definitions and Preferences
2:17
Matthew Geiger asks about the distinction between calling oneself a libertarian versus an anarchist. Kinsella explains different axes of libertarianism (activism vs. theory vs. personal conduct) and argues that libertarianism is a consistent extension of classical liberalism centered on self-ownership and Lockean property rights. He details why the Non-Aggression Principle (NAP) is actually a shorthand for a deeper cluster of property rules — homesteading, contract, and rectification — rather than a standalone axiom. He makes the case that the most consistent libertarians are anarchists, while minarchists are libertarians with an asterisk, and classical liberals are close intellectual cousins but not true libertarians.
Matthew Geiger on Labels and Consistency
10:19
Matthew Geiger shares his own thoughts on the dilution of the term “libertarian” and his preference for “anarchist.” He discusses taking the label back from the left and echoes Hoppe’s view that the state is always socialist. Geiger and Kinsella agree that the most principled position is anarcho-libertarianism (or Austro-libertarianism), which recognizes the natural emergence of hierarchy, authority, norms, and social consequences in a free society — things many modern libertarians mistakenly reject.
Younger Generations, Cultural Shifts, and Advice
13:23
Matthew Geiger asks about cultural and political trends among younger generations, referencing Javier Milei’s popularity, and requests advice for them. Kinsella sympathizes with Gen Z and Millennials, blaming previous generations for poor education, inflation, debt, and making normal life unaffordable. He advises libertarians to adopt a long-term perspective, read Albert Jay Nock’s Isaiah’s Job, focus on being part of the “remnant,” maintain balance in life (career, finances, family), and avoid burning out on short-term activism. He also reflects on how the libertarian movement has grown larger, more international, and more radical since the 2008 Ron Paul campaign, though newer adherents tend to be less well-read.
Optimism About Technology, Fragmentation, and the Future
21:40
Matthew Geiger expresses optimism about technology, the internet, AI, and the erosion of state monopolies on force and information. Kinsella shares a cautious but ultimately hopeful outlook. He discusses the benefits of media fragmentation (less centralized propaganda), the logic of Bitcoin succeeding on its own merits rather than activism, and why liberty, if achieved, will be because it is natural and inevitable. He touches on the Fermi paradox and great filter while maintaining long-term civilizational optimism.
Foreign Policy, Economics, and IP Imperialism
31:59
Matthew Geiger circles back to connections between culture, foreign policy, and monetary policy, critiquing U.S. aid to Israel and mercantilist justifications. Kinsella delivers a sharp analysis of Pax Americana, dollar hegemony, the military-industrial complex, and how the U.S. exports inflation while benefiting certain industries. He describes “IP imperialism” — patents and copyrights — as tools that allow Hollywood, Big Pharma, and defense contractors to extract wealth from the rest of the world.
Stephan Kinsella on Decentralization, IP, and the Future of the State
36:14
The conversation continues with Matthew Geiger noting decentralization in music production. Kinsella explains how technology (internet, streaming, piracy) has already weakened copyright and predicts 3D printing, robotics, and AI could eventually undermine pharmaceutical patents. He launches into a passionate critique of intellectual property as one of the most anti-libertarian, innovation-harming policies in existence. He envisions technology enabling greater self-sufficiency, causing the state to gradually wither away like the British monarchy — becoming largely ceremonial while private enterprise and civil society take over most functions. Kinsella ends on a hopeful, if long-term, note about humanity maturing beyond tribalism and primitive superstitions.
Closing Thoughts and Resources
55:08
Stephan Kinsella promotes the Property and Freedom Society’s annual conference in Turkey, the new book Rothbard at 100, and his “Universal Principles of Liberty” project (a concise statement of libertarian legal principles). Matthew Geiger thanks Kinsella and expresses interest in attending future events.
Links & Resources:
Stephan Kinsella: stephankinsella.com
Property and Freedom Society: propertyandfreedom.org
Rothbard at 100 (pre-order available)
Mises Institute
Episode Length: Approximately 58 minutes
This episode offers a rich blend of personal history, rigorous libertarian theory, sharp cultural commentary, and forward-looking optimism. Highly recommended for anyone interested in Austrian economics, property rights, critiques of intellectual property, and the future of freedom.
Transcript
Introduction
0:00
Matthew Geiger: Ladies and gentlemen, welcome back to the Menger Institute podcast. We have a very special guest. We have with us a retired patent attorney and libertarian writer, Stephan Kinsella. Welcome to the Menger Institute podcast.
Stephan Kinsella: Thanks for having me. Yeah, I'm very excited to talk to you.
How Stephan Kinsella Discovered Libertarianism
0:19
Matthew Geiger: I want to begin, I think, with how you got into libertarianism, your work with Murray Rothbard and Hans-Hermann Hoppe, and yeah if you could tell us your story.
Stephan Kinsella: Well I am, as you mentioned, retired. I did patent law, I did various types of law for about 30 years in private practice in the US: oil and gas law first and then international law and then patent law. So I've done a variety. In the later part a lot of high-tech law. But on the side, I also did a lot of libertarian writing and thinking because I've been interested in it since about high school.
I am from Louisiana. I just came from a conservative household but had zero political or economic knowledge or even historical knowledge. But a librarian gave me The Fountainhead to read in high school and I read it and that got me interested in philosophy and free market economics and individualism. So I started reading voraciously and very soon became a libertarian and then of course reading the Austrians like Mises and Rothbard and the others pretty soon became an Austrian libertarian and then an anarchist. And I've been like that since college or law school.
In law school and after I started trying to expand or develop the theories I've been reading to make some progress where I thought I could. And so that's sort of been my avocation all these years as a lawyer and now it's my main hobby or interest. So that's how I got interested in it and I started attending Mises Institute events in 1995 and did that for many years.
Libertarian vs. Anarchist: Definitions and Preferences
2:17
Matthew Geiger: This may be a question of semantics but you say libertarian and I want to know what your distinction is or preference for describing yourself as libertarian or anarchist.
Stephan Kinsella: Yes, I've always been, so in my view there are two types of libertarians in the sense of your interest. One is activism, that is being part of some movement trying to make change, and then the other is just being interested in the ideas, and then the other is just being a libertarian, like acting in a peaceful way and following those rules....
KOL483 | The Economics and Ethics of Intellectual Property, Loyola University—New Orleans
Wednesday, February 25, 2026 • Duration 01:09:59
Kinsella on Liberty Podcast: Episode 483.
I delivered the following lecture yesterday: “The Economics and Ethics of Intellectual Property,” Loyola Economics Club and Louisiana Mu chapter of Omicron Delta Epsilon, Loyola University—New Orleans, Miller Hall (12:30 pm–1:45 pm, Feb. 24, 2026). Hosts were the aforementioned Econ club and econ honor society, as well as Walter Block and Leo Krasnozhon. (( Leo Krasnozhon, “Walter Block on Externality, Public Goods, and Voluntary Government“ (pp. 391–399). )) Audio for the Q&A portion was poor due to some technical mishaps, but has been boosted as much as possible.
Slides streamed below. Pictures, transcript and shownotes below.
https://youtu.be/rrFHYJ53C8g
Related:
Locke, Smith, Marx; the Labor Theory of Property and the Labor Theory of Value; and Rothbard, Gordon, and Intellectual Property
KOL472 | “What Is Property? And What Is Not? — Part 2 — Fireside Chat on Intellectual Property with Albert Lu,” Capitalism & Morality (Vancouver)
KOL471 | “What Is Property? And What Is Not? — Part 1,” Capitalism & Morality (Vancouver)
The Problem with Intellectual Property (2026)
Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023)
Photos
Shownotes (Grok)
Shownotes: Stephan Kinsella – “The Economics and Ethics of Intellectual Property”
Loyola University New Orleans Economics Club & Omicron Delta Epsilon
February 24, 2026 (KOL 483 podcast)
Approximate timestamps based on transcript pacing (~70-minute total runtime)
00:00 – Welcome and Introduction
Leo Krasnozhon opens the event, welcoming attendees despite a boil advisory and introducing Stephan Kinsella as a retired patent lawyer, LSU alumnus (undergrad and law school), and longtime Mises Institute affiliate who has collaborated with Walter Block. He highlights the topic of intellectual property rights, admits his own limited knowledge of it, notes the co-sponsorship with Omicron Delta Epsilon (with chapter president Emily Tion present), and passes the floor to Tyler, president of the Economics Club, to officially begin.
01:25 – Brief Co-Sponsor Welcome
An Omicron Delta Epsilon representative offers a short welcome and mentions that a Q&A session will follow the presentation.
01:35 – Stephan Kinsella: Personal Background and Path to Anti-IP Views
Kinsella thanks the hosts—Omicron Delta Epsilon, the Loyola Economics Club, Walter Block, and Leo Krasnozhon—and recalls his long acquaintance with Block (both former Mises senior fellows). He recounts his career: beginning law practice around 1992 in Houston (initially oil and gas), shifting to intellectual property and patent law, with stints in Philadelphia before returning home. As a longtime libertarian, Austrian economist, and anarchist, he initially assumed intellectual property was legitimate property, partly influenced by Ayn Rand’s support for it. However, he found her arguments unpersuasive—especially the fact that patents and copyrights expire while physical property like land and cars does not. When he became both a patent attorney and a libertarian scholar, he set out to develop a strong defense of IP but ultimately concluded the system is deeply flawed and should be abolished. He reached this view around 1994, shortly after passing the patent bar, and initially kept quiet while practicing, later speaking openly once he realized his professional peers were indifferent to his opinions.
~03:28 – Talk Overview and Recommended Readings
The presentation is titled “The Economics and Ethics of Intellectual Property,” deliberately echoing Hans-Hermann Hoppe’s The Economics and Ethics of Private Property. Kinsella plans to speak for roughly 30–40 minutes, leaving ample time for questions. He acknowledges the topic’s breadth—having previously taught a six-week online Mises Academy course on it in 2011—and notes his deep interest in legal theory, IP theory, Louisiana civil law (where he authored a civil law dictionary), and international law, all interconnected through an economic lens. He recommends his own published works (shown on a slide) as primary sources, along with Michele Boldrin and David K. Levine’s empirical book Against Intellectual Monopoly for further reading.
~05:02 – Defining Intellectual Property and Scope of Critique
Intellectual property refers to legal protections for “products of the mind.” The two primary statutory forms are patents and copyrights, which are legislated monopolies rather than common-law institutions. Other types that emerged from common law include trademarks, trade secrets, and defamation (which Kinsella argues belongs in the IP category because reputation rights protected by defamation law suffer from the same conceptual flaws as trademark rights). More recent or special-interest forms include boat-hull designs, semiconductor mask works, personality/name/image/likeness rights (now prominent for college athletes), moral rights, and database rights. Proposals to expand IP continue in areas such as fashion, hyperlinks, and newspaper headlines. The talk focuses primarily on patents and copyrights as the most prominent and damaging forms.
~06:26 – Constitutional Foundation and Historical Origins
In the United States, patents and copyrights derive from the 1789 IP Clause (Article I, Section 8), which empowers Congress “to promote the Progress of Science and useful Arts” by granting exclusive rights to authors and inventors for limited times. In 1789 terminology, “Science” referred to systematic bodies of knowledge (including literary arts), while “useful Arts” meant artisan inventions—meanings essentially reversed from today. Congress acted quickly, enacting the first modern patent and copyright statutes in 1790. The following year (1791), the Bill of Rights was added; the First Amendment’s protection of freedom of the press creates an obvious tension with copyright enforcement (e.g., judicial blocks on publishing copies of Harry Potter), though courts have not recognized an irreconcilable conflict. Historically, patents began as royal monopoly letters in Europe granting exclusive privileges to court favorites, leading to abuses that prompted England’s 1623 Statute of Monopolies (which curtailed most monopolies but preserved them for new inventions). Copyright arose from the printing press threatening state and church control of information, resulting in the Stationers’ Company monopoly and, after its expiration, the 1710 Statute of Anne, which shifted rights to authors. Both systems originated in protectionism, mercantilism, and control of thought.
~10:40 – Early American View: Monopolies, Not Natural Property
The framers treated patents and copyrights as temporary monopoly privileges, not natural property rights—a fact often misrepresented by modern proponents (e.g., Objectivists such as Adam Mossoff). Thomas Jefferson, writing to James Madison during the Bill of Rights drafting process, expressed concern about the IP Clause and suggested constitutional language limiting such monopolies to short, fixed terms—language that, if adopted, would have prevented today’s extensions (e.g., life of the author plus 70 years). The purpose was narrowly pragmatic: temporary incentives for arts and sciences, not recognition of inherent ownership.
~12:37 – The 19th-Century Anti-Patent Movement
By the 1850s, amid expanding world trade and the industrial revolution, free-market economists increasingly criticized patents and copyrights as anticompetitive government monopolies inconsistent with free trade. A global anti-patent movement gained momentum; some countries repealed or refrained from enacting patent laws. The push collapsed after the 1873 Long Depression (a prolonged worldwide recession then called “the great depression”), which soured public opinion on free trade and allowed the patent system to persist—representing a missed historical opportunity to eliminate it.
~14:01 – Contemporary Arguments For and Against IP
Today’s defenses of IP fall into two main categories: utilitarian/consequentialist (economic/empirical) and deontological/principled (rights-based), with a lesser-known Hegelian personality theory occasionally invoked. Common myths include claims that IP protects the “little guy,” forces disclosure of secret inventions, constitutes a natural or founder-intended property right, explains Western wealth, or is essential for books, art, and inventions—none of which hold up historically or empirically. Euphemisms such as “stealing,” “piracy,” and “theft” obscure that infringement differs fundamentally from physical theft.
~16:10 – Absurd and Weak Pro-IP Arguments
Kinsella dismisses several particularly weak claims: a patent attorney’s assertion that the Swiss patent office indirectly enabled Einstein’s theory of relativity; William Shughart’s argument that lack of international copyright forced Charles Dickens to tour the U.S., catch a cold, and die; and hyperbolic equivalences of anti-IP views to support for pedophilia, stage collapses, baby-stealing, or slavery. He also notes confusion over intangibles (e.g., fiat money is intangible, but gold-based money was not).
~18:18 – The Utilitarian/Economic Case Examined
Proponents argue that without IP, markets would underproduce creative works and inventions because copiers free-ride on expensive R&D, so temporary monopolies allow cost recovery via monopoly pricing. Some acknowledge this slows idea diffusion but claim it ultimately produces more ideas overall. Yet empirical evidence is lacking: Fritz Machlup’s 1958 Senate-commissioned study found no certainty of net social benefit and deemed it irresponsible to create a patent system from scratch; George Priest (1986) stated economists know almost nothing about patents’ welfare effects; 2004 French economists said cost-benefit analysis remains impossible; and Boldrin & Levine (2013) concluded there is no empirical support for the cla
KOL387 | The Great IP Debate of 1983: McElroy vs. Schulman
Wednesday, July 6, 2022 • Duration 01:53:18
Kinsella on Liberty Podcast: Episode 387.
This is a classic debate on intellectual property between Wendy McElroy and J. Neil Schulman† at the Libertarian Supper Club in Westwood (Los Angeles), California, in 1983. McElroy takes the anti-IP side and Schulman argues for IP. I don't appear in this episode but I thought my listeners might find it of interest.
https://youtu.be/-_Nyaav6Js0
I wrote about this on Mises Daily, as “The Great IP Debate of 1983,” Mises Daily (July 18, 2011), which concerns the then recently-found audio of that debate, which was put up as a Mises podcast and is now also hosted at Mises.org. It's a fascinating listen. As the Mises blurb about it reads, "In this wonderful debate, we find the whole of the theoretical apparatus of the anti-IP case presented with precision and eloquence." This was near the beginning of the modern libertarian anti-IP movement, pioneered by McElroy and Sam Konkin (see references below).
Related (by me unless noted otherwise):
McElroy: “On the Subject of Intellectual Property”: this appears to match at least part of Wendy's initial presentation in the debate
Schulman, "My Unfinished 30-Year-Old Debate with Wendy McElroy"
McElroy, "Contra Copyright, Again"
Classical Liberals and Anarchists on Intellectual Property (discussing LeFevre)
The Four Historical Phases of IP Abolitionism
The Origins of Libertarian IP Abolitionism
The Death Throes of Pro-IP Libertarianism
KOL208 | Conversation with Schulman about Logorights and Media-Carried Property
“Introduction” and chapter “Conversation with Schulman about Logorights and Media-Carried Property” [both available here] in J. Neil Schulman, Origitent: Why Original Content is Property (Steve Heller Publishing, 2018)
Libertarian Sci-Fi Authors and Copyright versus Libertarian IP Abolitionists
Replies to Neil Schulman and Neil Smith re IP
Query for Schulman on Patents and Logorights
On J. Neil Schulman’s Logorights
Kinsella v. Schulman on Logorights and IP
Schulman: “If you copy my novel, I’ll kill you”
Schulman: Kinsella is “the foremost enemy of property rights”
Reply to Schulman on the State, IP, and Carson
KOL386 | Toward Anarchy with Michael Storm: IP, Bitcoin, NFTs, Digital Ownership
Monday, July 4, 2022 • Duration 01:36:04
Kinsella on Liberty Podcast: Episode 386.
I was a guest on Toward Anarchy with host Michael Storm on July 3, 2022. His shownotes (Youtube channel):
Anarchist, Author, Lawyer, Electrical Engineer, Stephan Kinsella discusses the Economics and Morality of Intellectual Property with me. We'll get into the value, subjective and objective, of Crypto-Currencies, NFTs and other Digital things.
Find out more about Stephan and dive into the large body of work he has from books to audio and video on topics from the law to economics to social issues and of course Intellectual Property at StephanKinsella.com.
Continue your trip down the Kinsella information highway at Center for the Study of Innovative Freedom where you can find a growing collection of work aimed at proving the government impedes innovation and creativity with laws and taxes and regulations and all manner of interventions into our personal and economic lives.
Related:
A Selection of my Best Articles and Speeches on IP
Aggression and Property Rights Plank in the Libertarian Party Platform
KOL274 | Nobody Owns Bitcoin (PFS 2019)
Corporate Personhood, Limited Liability, and Double Taxation
KOL385 | “Goods, Scarce and Nonscarce” (audio)
Thursday, June 30, 2022 • Duration
Kinsella on Liberty Podcast: Episode 385.
This is an audio version of my article "Goods, Scarce and Nonscarce" (with Jeffrey A. Tucker), Mises Daily (Aug. 25, 2010). Narrated by Bob Reilly.
N.b.: the narrator mispronounces some words, e.g. he pronounces Menger as "Minn-jer" and causally as "casually".
https://youtu.be/jINbQrRq-g0
KOL384 | Freedom’s Phoenix with Ernie Hancock at PorcFest: Intellectual Property, Bitcoin, the Mises Caucus and the Reno Reset
Saturday, June 25, 2022 • Duration 01:11:04
Kinsella on Liberty Podcast, Episode 384.
My appearance on Ernie Hancock's show at PorcFest 2022, recorded June 23, 2022. Episode.
Related:
KOL307 | Ernie Hancock Freedom’s Phoenix on IP in the Internet Age
KOL272 | Ernie Hancock Freedom’s Phoenix on Reputation Rights, Defamation, IP
KOL229 | Ernie Hancock Show: IP Debate with Alan Korwin
KOL133 | IP Bonanza on Declare Your Independence with Ernest Hancock
KOL089 | Declare Your Independence with Ernest Hancock radio: Intellectual Property, L. Neil Smith
KOL060 | Guest on Ernest Hancock’s Declare Your Independence radio show: intellectual property and libertarianism (2010)
KOL383 | Bitcoin at PorcFest: Patent Trolls, Bitcoin Ownership, the Mises Caucus and the Reno Reset
Friday, June 24, 2022 • Duration
Kinsella on Liberty Podcast, Episode 383.
I was an impromptu guest at the FreeTalkLive tent at PorcFest 2022 yesterday (June 23, 2022), with hosts Patrick Motorist and Tone Vays, discussing the Open Crypto Foundation, the Reno Reset, and related matters.
Related:
KOL274 | Nobody Owns Bitcoin (PFS 2019)
https://youtu.be/v1E4i3od_T4?t=1954
KOL382 | FreeTalkLive at PorcFest: Corporations, Limited Liability, and the Reno Reset
Friday, June 24, 2022 • Duration
Kinsella on Liberty Podcast, Episode 382.
I was an impromptu guest at the FreeTalkLive tent at PorcFest 2022 today (June 23, 2022), with host Mark Edge (and Aria) discussing corporations and limited liability, and also the recent "Reno Reset" at the Libertarian Party's 2022 Convention in Reno.
Related:
Corporate Personhood, Limited Liability, and Double Taxation
Aggression and Property Rights Plank in the Libertarian Party Platform
KOL381 | Twitter Spaces with Eric John: Intellectual Property History, Theory and Fallacies
Saturday, June 18, 2022 • Duration
Kinsella on Liberty Podcast, Episode 381.
This is my discussion with Eric John on Twitter Spaces, on June 18, 2022, about intellectual property—its genesis, common fallacies and misunderstandings, the labor theory of property, libertarian "creationism," and so on. We discussed ownership of information and touched briefly on ownership of bitcoin.
Related:
Against Intellectual Property (including Selected Supplementary Material)
——, “Against Intellectual Property After Twenty Years: Looking Back and Looking Forward”
KOL274 | Nobody Owns Bitcoin (PFS 2019)
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