Are there individual rights to one’s intellectual creations, such as inventions or written works? Should the legal system protect such rights? In this article, I summarize current US law on intellectual property rights. I then survey various libertarian views on IP rights, and present what I consider to be the proper view. Volume 15, Number 2
The theory of property specifies how to determine which individuals own—have the right to control—particular scarce resources. By having a just, objective rule for allocating control of scarce resources to particular owners, resource use conflicts may be reduced. Non-owners can simply refrain from invading the borders of the property— that is,
In a recent issue of The Journal of Libertarian Studies , Frank van Dun commented on my views on intellectual property, and on Walter Block’s views on blackmail. In this reply, I will concentrate on two aspects of Van Dun’s comments: the non-aggression principle & libertarianism, and trademark & contract. Volume 18, Number 2 (2004) Kinsella,
In my article “ Argumentation Ethics and Liberty: A Concise Guide ,” I noted that for some time I’ve thought of putting together some material into an “argumentation-ethics reader” book. However, logistic, copyright, and other issues would delay the preparation and actual publication of a book for a long time (at best)—and since most of the pieces
“ Australian actress Nicole Kidman has raised the ire of anti-smoking groups by lighting up a cigarette during her press conference at the Cannes Film Festival. [...] Anti-smoking groups today said the image of Kidman smoking was a free advertisement for the tobacco industry and glamorised the habit. [...] ‘She does have a right to smoke, but what
An interesting piece in American Conservative that quotes Hoppe and Tucker. See also his October piece, Conservative-Libertarian Split: Liberals Get It, Conservatives Don’t .
Walter Block’s website, WalterBlock.com , is now online and has recently been updated to include online links to dozens of his hundreds of publications. A great resource.
In response to requests from readers, listed below are links to several IP-related articles, most available on Mises.org: Property/Rights-based Arguments Against Intellectual Property , Spring 2001, Vol. 15, no. 2 Journal of Libertarian Studies , Stephan Kinsella In Defense of Napster and Against the Second Homesteading Rule , September 4, 2000,
What is the Mises Institute?
The Mises Institute is a non-profit organization that exists to promote teaching and research in the Austrian School of economics, individual freedom, honest history, and international peace, in the tradition of Ludwig von Mises and Murray N. Rothbard.
Non-political, non-partisan, and non-PC, we advocate a radical shift in the intellectual climate, away from statism and toward a private property order. We believe that our foundational ideas are of permanent value, and oppose all efforts at compromise, sellout, and amalgamation of these ideas with fashionable political, cultural, and social doctrines inimical to their spirit.
