I try to show that this response is total nonsense.
defending the right to innovate
Monopoly corrupts. Absolute monopoly corrupts absolutely.
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In my latest article, "Rights Violations Aren't the Only Bads," I argue that it makes no sense for a pro-IP person to say to an anti-IP person, "Well, if you don't believe that ideas can be owned, then you can't complain if someone plagiarizes or adulterates your work."
I try to show that this response is total nonsense.
My monograph Against Intellectual Property (Mises Institute, 2008) is now available in free epub format.
Other formats (paper book, pdf) can be found here.
Following is Jeff Tucker's recent Mises Blog post: JEFFREY TUCKER
I am very happy that Stephan Kinsella is finally teaching a class on intellectual property, which is surely one of the most important issues of our time. We need desperately to spread education about this topic, which is a difficult one. It is not one of the "armchair" issues that you can solve without much thought or serious study.
Let me try to give a flavor of what we are dealing with here.
Last week, I had to haggle with an authors' consortium in Britain concerning a 1946 text. The author had no children and he died before the copyright on the book expired. Someone swept in a renewed the thing, thereby taking it off the market. It hasn't been in print for some 40 years. A paralegal helped me discover the owner, which turns out to be some scam operation that preys on people who want to reprint books. I asked to distribute the thing online. The consortium never seem to have heard of the internet. They wanted a fee for $1 per book with a contract that lasted 2 years and a limit on our sales. None of this works for us. So we said no. As a result, the book, which is not that mission critical, goes back to its eternal resting place, all because of "intellectual property" which is just so obviously a hoax and a violation of human rights.
This is only one of dozens of cases I've dealt with. And there are actually millions of books in this condition, effectively burned and destroyed by IP law. The most exciting innovation in human history is the internet and digital distribution, which offers the ultimate thing, the possibility of universal distribution of knowledge, the dream of every intellectual from the ancient world to the present. And yet this is being stopped by laws administered by fools, in complete violation of the rights of the creators themselves. This strikes me as completely indefensible and yet it is the reality of our times.
Texts published after 1963 and before 1995 when things started going online are as good as gone. By the time these books enter the public domain, their value will be dramatically reduced. Meanwhile, they are being forced into death by the state and its laws, even though we have the technology to liberate them all right now. This is a travesty. Imagine a marauding band of terrorists in the 16th century that smashed every printing press it could find on grounds that it threatened the livelihood of scribes. This is exactly what is going on right now.
The level of ignorance out there concerning copyright is amazing to watch. People hear things on the street and pass them on, while knowing nothing about the actual realities of the law, which is the craziest, mixed up mess of nonsense you will find in the statute books of all human history. There is no one rule that helps you find out what is and what is not available for digitizing. Congress changed its mind every decade or so, to the point that now texts can be tied up in the physical world for as long as 170 years. Authors are constantly tricked into going along with this cockamamie system in the hope of royalties that never arrive. The state has set up a moral hazard and authors keep falling for it.
Authors are often unaware of what they are doing and signing. Just a bit ago, I had an author tell me that all is well because he retained copyright to a book. In fact, this means nothing because when he published, he signed his rights away by making the publisher the administrator of his rights, a status which lasts as long as the book is in print. Guess what? Books never go out of print these days. His book is as good as dead as regards digital media. He had no idea. Even though he is a creator, his rights are being violated in the name of "intellectual property" and he remains totally flummoxed about how this happened.
Most people have no idea just how bad the situation truly is.
Nor have most people considered just how flimsy and ridiculous the foundation of "intellectual property" really is. If the law were actually applied consistently, so that we had to negotiate rights over every idea we use, the whole of society as we know it would come to a screeching halt. Learning and influencing would be against the law. Every generation would start over, having benefited not at all from the experiences of the previous one.
People are constantly fooled over this subject. After my review of Social Network, my in-box filled with questions about my claim that Mark Zuckerberg did not owe the Winklevoss twins anything. The claim is that Zuckerberg took their idea of a Harvard-wide social network, so why should he be forced to pay? Well, consider: what if Zuckerberg's ideas never really went anywhere and Facebook ended up being a huge financial failure. What Zuckerberg have been able to foist his liabilities off on the Winklevoss twins? If ideas are property and Zuckerberg owed his success to them, it makes sense that they would also bear the liability for failure. But no one seriously suggests this, which tells me that the same people don't take their claims literally.
I also have to laugh about people who wrote me to say that they saw the movie on my recommendation and liked it but do not agree with Kinsella on IP. Well, wait just a minute: they took my idea and saw the movie, so shouldn't they be forced to pay me money? Haven't they robbed me of my idea of seeing a movie? Think about this and see how preposterous this truly is. The reality is that 1) I put my idea out there, 2) ideas can be copied without stealing them, 3) the whole of life itself is made possible via the extraction and application of the ideas of others.
I love the movie Social Network because it shows how real life works in the world of entrepreneurship. Entrepreneurs are specialists in extracting information to inform their judgements about the world. They are great learners, great copier, great implementers of the ideas of others, improving them and testing them against the reality of economic life. Ideas alone pay nothing. Only the doing pays returns (or losses). As Rothbard says, a real entrepreneur is not just a thinker but a capitalist who takes risks.
But you say that Zuckerberg had a contract with the twins to do work for them? In fact, there was no contract, and anyone who says that Zuckerberg did anything wrong wouldn't last a day in the real world. It is common in every aspect of life, particularly in the world of geeks and code monkeys, for people to agree in principle and then not come through. It happens with four out of five people I approach about working on Mises.org, for example. That's not contract breaking; it is just the way life is. Zuckerberg had a better idea than to waste time on the twins' project, and good for him. We are all better off.
Try an experiment sometime. Imagine that ideas really are property, and that every time you learn something or discover something or hear something that influences your later actions, you have to pay some money or else you are a thief. Try it tomorrow when you wake up and just see what happens. You will discover that you will either be bankrupt by noon or rendered senseless and motionless. We cannot get by this way.
The beauty, the glory, the magic, the mystery and magnificence of ideas as versus real property is precisely that they are infinitely copyable, malleable, transferable, and spread in unpredictable ways. They are the very energy and life of civilization itself, the means by which we build, grow, and navigate this world of scarcity in ever more successful ways.
There is no greater illustration of the arrogance and pretensions of the state that it imagines that it can bottle these up and buy and sell them, becoming a global mind reader of everything we see and hear, all in the name of property-rights enforcement. The bitter irony is that the state is doing the opposite of enforcing property rights; it is violating them through its attempt to restrict the unrestrictable.
IP consistently applied can destroy the whole world as we know it. As it is, IP is enforced only intermittently and thank goodness for that. What is troubling is that most people are clueless about where they stand on this issue. They figure that it doesn't really matter for them, just as slavery didn't matter to most people in the year 1800, so why should we care? We must care. Everything is at stake in this battle.
But let's say that you don't agree with Kinsella that IP is a myth that must be shattered. Will you benefit from this class? Absolutely. It will help you think, and think hard about this subject. He is a world expert, a patent attorney and a great thinker, surely one of the most important living intellectuals today. He has made himself available to you through the Mises Academy. I don't believe that this class will settle all things but it will help you think and learn and gradually come to a coherent position on this issue.
If we all had our priorities straight, the Mises Institute would need to close the class at 1000 students. I don't think we will have that many but we should. In 500 to 1000 years, students will be studying our generation and wonder who the dunderheads were who slammed on the breaks of social progress by crushing innovation, burning books, fining innovators, jailing teenage file sharers, prosecuting good learners, smashing art and music, and using government force to prop up losers, scam artists, and reactionary forces in society. They will laugh at us.
At least they will see that some people refused to go along. Kinsella is the leader of the resistance, and he is here for you, willing to be a teacher and helping everyone to understand and see the light.
My article, Rethinking Intellectual Property: History, Theory, and Economics, was published today (Oct, 22, 2010) on Mises Daily. It details the content and purpose of my upcoming Mises Academy course, "Rethinking Intellectual Property: History, Theory, and Economics," Mises Academy (Nov.-Dec. 2011) (discussed on the Mises Blog in Study with Kinsella Online). Sign up!
My speech, "How Intellectual Property Hampers Capitalism," presented last weekend at the Mises Institute Supporters' Summit 2010 (Oct. 8-9 2010, Auburn Alabama), is online now; here is the Audio file; the video is below. There is also an edited transcript of the speech. The conference's theme was "The Economic Recovery: Washington's Big Lie."
From Mises blog. Jeffrey Tucker interviews Stephan Kinsella, instructor of the Mises Academy's forthcoming course, "Rethinking Intellectual Property: History, Theory, and Economics." Audio of the original interview, recorded October 9, 2010, is available in Mises Media. Mises Daily
"Finally, everything fell into place, primarily from Rothbard and Misesian theory. I found that this issue is difficult, but once you see it, it's one of these issues that sets peoples' minds on fire. It frees you to think about other things in different ways." FULL INTERVIEW with Jeffrey Tucker
A recent CNET video on "Intellectual property rights vs. journalism" shows a Stanford University's Innovation Journalism conference on June 7, with a panel discussion by various mainstreamers discussing the quesion "Is intellectual property protection a threat to journalism?" The lack of libertarian principle and sound economics has these commentators floundering as they discuss various cases where IP infringes free speech and freedom of the press. Lacking any principled approach they retreat to legal positivism, talking about how the Constitution protects both freedom of the press and speech as well as IP rights, so some "balance" must be made. Without Austrian economics and libertarian principle, even well-intentioned people, who sense that something is wrong, are helpless before the state's propaganda and onslaught of legal positivism.
From Stefan Molyneux's post on the Mises forum:
The Freedomain Radio Book Club had a great discussion with Stephan about intellectual property which I thought you might enjoy... Play NowWe did this yesterday, Mar. 20, 2010. It was about an hour and was a nice, intelligent discussion of IP and related libertarian issues. (Local MP3 file -- 59MB)
My article Intellectual Property and Libertarianism was published last month in Liberty magazine (December 2009 issue). This article is based in part on a speech at Mises University 2009 (July 30, 2009; audio; video) and also on my What Libertarianism Is, which contains references not present in the Liberty paper (as does The Case Against IP: A Concise Guide). A version with endnotes was published here in Mises Daily.
As previously noted here, I presented a speech in July at Mises University 2009 on "Intellectual Property and Libertarianism." The audio is available here and the video was just made available. It's below. As previously noted, this presentation was different than others I've done in the past on IP, partly because, as it for students, I tried to start from the ground up, and also to integrate the proper approach to IP with the essential principles of libertarian political philosophy. Thus part of the talk summarized my view of what libertarianism is, and then applied it to IP; this summary view of the libertarian framework was distilled from a more elaborated version, contained my chapter What Libertarianism Is, which appeared in the Hoppe Festschrift, Property, Freedom and Society. An article based on my speech is forthcoming in Liberty magazine.
Most Recent Comments
at 04/19/2017 08:09 AM by Anonymous
Questions and Challenges For Defenders of the Current Copyright Regime Subject Very controversial Gráfica em
at 01/30/2017 05:03 AM by fernando
The right to rub smooth using a hardened steel tool with ridges Finally got around to looking at the comments, sorry for delay... Replying to Stephan: I'm sorry
at 05/08/2015 08:35 AM by Dan Dobkin
Let's See: Pallas, Pan, Patents, Persephone, Perses, Poseidon, Prometheus... Seems like a kinda bizarre proposal to me. We just need to abolish the patent system, not replace
at 04/10/2015 10:44 AM by Stephan Kinsella
The right to rub smooth using a hardened steel tool with ridges I'm a bit confused by this--even if "hired to invent" went away, that would just change the default
at 04/10/2015 10:34 AM by Stephan Kinsella
Do we need a law? @ Alexander Baker: So basically, if I copy parts of 'Titus Andronicus' to a webpage without
at 01/08/2015 08:58 PM by Sheogorath
Do we need a law? The issue is whether the crime is punished not who punishes it. If somebody robs our house we do
at 11/17/2014 04:48 AM by David K. Levine
Do we need a law? 1. Plagiarism most certainly is illegal, it is called "copyright infringement". One very famous
at 10/29/2014 10:49 AM by Alexander Baker
Yet another proof of the inutility of copyright. The 9/11 Commission report cost $15,000,000 to produce, not counting the salaries of the authors.
at 09/20/2014 03:19 PM by Alexander Baker
WKRP In Cincinnati - Requiem For A Masterpiece P.S. The link to Amazon's WKRP product page:
at 06/28/2014 10:03 AM by Doris
WKRP In Cincinnati - Requiem For A Masterpiece Hopefully some very good news. Shout! Factory is releasing the entire series of WKRP in Cincinnati,
at 06/28/2014 10:00 AM by Doris
What's copywritable? Go fish in court. @ Anonymous: You misunderstood my intent. I was actually trying to point out a huge but basic
at 05/05/2014 01:03 PM by Sheogorath
Rights Violations Aren't the Only Bads I hear that nonsense from pro-IP people all the
at 04/07/2014 04:47 AM by Dan McCracken
Intellectual Property Fosters Corporate Concentration Yeah, I see the discouragement of working on a patented device all the time. Great examples
at 01/13/2014 06:13 AM by Anonymous
Music without copyright Hundreds of businessmen are looking for premium quality article distribution services that can be
at 11/28/2013 05:03 PM by Stephanie Smith
at 11/28/2013 09:23 AM by Anonymous
at 11/28/2013 09:22 AM by Anonymous
Patent Lawyers Who Don't Toe the Line Should Be Punished! Moreover "the single most destructive force to innovation is patents". We'd like to unite with you
at 11/24/2013 10:48 AM by SpaceCorp Technologies
at 11/20/2013 03:18 PM by Anonymous
Does the decline in total factor productivity explain the drop in innovation? So, if our patent system was "broken," TFP of durable goods should have dropped. Conversely, since
at 11/02/2013 08:09 PM by Anonymous