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Kinsella On Liberty
112 minutes | 12 days ago
KOL331 | Phil Gibson: A Boy Named Pseu
Kinsella on Liberty Podcast, Episode 331. This is my appearance on Phil Gibson's podcast A Boy Named Pseu. From his 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…
64 minutes | 14 days ago
KOL330 | Lift Talks #2 With Kinsella & Sammeroff
Kinsella on Liberty Podcast, Episode 330. Lift Talks #2 — With Kinsella & Sammeroff. Two libertarian blokes on a ski vacation. Filmed Wednesday, March 31, 2021, Telluride Ski Resort. Part 1: KOL320 | Lift Talks #1 With Kinsella & Sammeroff Cross-posted on Scottish Liberty podcast. Bonus video: Three day skiing video compilation telluride March 2021
56 minutes | 16 days ago
KOL329 | Lift Talks #1 With Kinsella & Sammeroff
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. Part 2: KOL330 | Lift Talks #2 With Kinsella & Sammeroff Cross-posted on Scottish Liberty podcast. Bonus video: Three day skiing video compilation telluride March 2021
77 minutes | 19 days ago
KOL328 | Heterodorx Ep. 10 with Nina Paley: I.P. Everywhere!
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
39 minutes | 25 days ago
KOL327 | Libertarian Answer Man: Selling vs. Owning
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)
77 minutes | a month ago
KOL326 | Scottish Liberty Podcast: Discussing the Mossoff-Sammeroff IP Debate, Take 1: Under the Influence…
Kinsella on Liberty Podcast, Episode 326. 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.
61 minutes | a month ago
KOL325 | Nate the Voluntaryist Livestream #202: Hoppe, Austrian Economics, and More
Kinsella on Liberty Podcast, Episode 325. This is my appearance on the Nate the Voluntaryist Livestream #202, released March 15, 2021 (Nate’s Bitchute channel). Shownotes: "Stephan Kinsella is back for more about Hoppe and who will succeed him in the world of Austrian economics, plus a Q&A." Previous appearance: KOL311 | Nate the Voluntaryist Livestream #194: IP, the CDA, DMCA, Argumentation Ethics, and More
99 minutes | a month ago
KOL324 | Wake Up Podcast Ep 37 with Aleks Svetski: AnCaps, Libertarians, IP & Bitcoin
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
0 minutes | a month ago
KOL323 | World Crypto Network: Announcing the Open Crypto Alliance to Protect Bitcoin, Blockchain and Crypto
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.
123 minutes | 2 months ago
KOL322 | Bitcoin Within The Legal System–Crypt0Events, “Future IS Crypto!” Webinar Series
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. Video below (in my audio podcast, I have trimmed out the first 10 or so minutes and the 10 minutes administrative section in the middle; they are still in the video):
50 minutes | 2 months ago
KOL321 | The Pending Patent Problem with The Open Crypto Alliance – The Tatiana Show Ep. 296
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: https://thetatianashow.com/the-pending-patent-problem-with-stephan-kinsella-jed-grant-of-the-open-crypto-alliance-the-tatiana-show-ep-296/ Related links: Open Crypto Alliance KOL320 | Stephan Livera Podcast # 249–Bitcoin Patents & Open Crypto Alliance KOL314 | Patents vs. Bitcoin: The Bitcoin Standard Podcast Shownotes: Learn how the Open Crypto Alliance is fighting against patent trolls to keep the crypto and blockchain community open and free! 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. About the Guests: (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),
44 minutes | 2 months ago
KOL320 | Stephan Livera Podcast # 249–Bitcoin Patents & Open Crypto Alliance
Kinsella on Liberty Podcast, Episode 319. 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). 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)
65 minutes | 2 months ago
KOL319 | The Libertarianism Litmus Test, Part 2 – With Keith Knight, “Don’t Tread on Anyone”
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?
61 minutes | 2 months ago
KOL318 | The Libertarianism Litmus Test, Part 1 – With Keith Knight, “Don’t Tread on Anyone”
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.
81 minutes | 2 months ago
KOL317 | Decentralized Revolution (LP Mises Caucus Podcast) – Immigration, Gamestop, IP
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.
110 minutes | 2 months ago
KOL316 | Discussion with Peter Schiff about Patent, Copyright, and Bitcoin
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
76 minutes | 3 months ago
KOL315 | The Rollo and Slappy Show: The Gamestop Short Squeeze
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
74 minutes | 3 months ago
KOL314 | Patents vs. Bitcoin: The Bitcoin Standard Podcast
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.
36 minutes | 3 months ago
KOL313 | Voluntaryist Haven – Q&A
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.
5 minutes | 3 months ago
KOL312 | Libertarianism in Brief: Response to Anarchy Rising
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:
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