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How Should Libertarians Think About Intellectual Property?
How Should Libertarians Think About Intellectual Property?
Published: 2015/10/20
Channel: ReasonTV
Intellectual Property and Libertarianism | Stephan Kinsella
Intellectual Property and Libertarianism | Stephan Kinsella
Published: 2009/08/24
Channel: misesmedia
Against Intellectual Property (Libertarian Perspectives on IP) by Stephan Kinsella
Against Intellectual Property (Libertarian Perspectives on IP) by Stephan Kinsella
Published: 2011/05/19
Channel: LibertyInOurTime
SOPA and 3 Ways to think about Intellectual Property
SOPA and 3 Ways to think about Intellectual Property
Published: 2013/03/18
Channel: Learn Liberty
Intellectual Property (IP) | Libertarian Perspective
Intellectual Property (IP) | Libertarian Perspective
Published: 2015/12/29
Channel: Right-Libertarian Universe
What
What's Your Take on IP & Net Neutrality?
Published: 2011/06/15
Channel: ReasonTV
The Libertarian Case Against Intellectual Property
The Libertarian Case Against Intellectual Property
Published: 2011/03/20
Channel: Alex Merced
A Libertarian Critique of Intellectual Property
A Libertarian Critique of Intellectual Property
Published: 2017/11/09
Channel: Sam Warner
Intellectual Property: A Libertarian Debate
Intellectual Property: A Libertarian Debate
Published: 2015/10/28
Channel: The Jason Stapleton Program
The Libertarian Case Against Intellectual Property, by Roderick Long (Read by Stephanie Murphy)
The Libertarian Case Against Intellectual Property, by Roderick Long (Read by Stephanie Murphy)
Published: 2013/08/13
Channel: ALLtowardliberty
Libertarian perspectives on intellectual property
Libertarian perspectives on intellectual property
Published: 2016/01/22
Channel: WikiAudio
Are Libertarians Utopian?
Are Libertarians Utopian?
Published: 2017/04/23
Channel: Anarchris
Top 9 Libertarian Pickup Lines
Top 9 Libertarian Pickup Lines
Published: 2015/12/28
Channel: Petersen for President 2016
Libertarian perspectives on intellectual property
Libertarian perspectives on intellectual property
Published: 2017/07/15
Channel: Search Engine
Libertarian perspectives on intellectual property
Libertarian perspectives on intellectual property
Published: 2017/03/26
Channel: Search Engine
Ask a Libertarian #6 - Stephan Kinsella - Against Intellectual Property
Ask a Libertarian #6 - Stephan Kinsella - Against Intellectual Property
Published: 2016/03/18
Channel: Lafayette County Libertarian Party
Rethinking Intellectual Property | Stephan Kinsella
Rethinking Intellectual Property | Stephan Kinsella
Published: 2011/03/21
Channel: misesmedia
Intellectual Privilege: Has IP Protection Gone Too Far? | Learn Liberty
Intellectual Privilege: Has IP Protection Gone Too Far? | Learn Liberty
Published: 2014/12/23
Channel: Learn Liberty
Intellectual Property: The Root of All Evil
Intellectual Property: The Root of All Evil
Published: 2015/10/29
Channel: FreeStateProjectNH
Intellectual Property and Economic Development | Stephan Kinsella
Intellectual Property and Economic Development | Stephan Kinsella
Published: 2011/08/12
Channel: misesmedia
Richard Epstein: Obamacare
Richard Epstein: Obamacare's Collapse, the 2016 Election, & More
Published: 2016/09/23
Channel: ReasonTV
Alternatives to Originalism: Conservative and Libertarian Perspectives 1-7-11
Alternatives to Originalism: Conservative and Libertarian Perspectives 1-7-11
Published: 2011/01/22
Channel: The Federalist Society
Against Intellectual Property by Stephan Kinsella
Against Intellectual Property by Stephan Kinsella
Published: 2017/04/05
Channel: Sam Warner
Intellectual Property and Libertarianism | Stephan Kinsella
Intellectual Property and Libertarianism | Stephan Kinsella
Published: 2010/09/27
Channel: LibertyInOurTime
Aurelija Lukoseviciene: Human Rights Perspectives on Intellectual Property Problems
Aurelija Lukoseviciene: Human Rights Perspectives on Intellectual Property Problems
Published: 2013/12/07
Channel: FSCONSTalks
How libertarians think human beings work
How libertarians think human beings work
Published: 2016/01/16
Channel: Europa Addio
Perspectives on Intellectual Property
Perspectives on Intellectual Property
Published: 2013/10/27
Channel: pang rachel
Stephan Kinsella on Libertarianism and Intellectual Property (Part 2)
Stephan Kinsella on Libertarianism and Intellectual Property (Part 2)
Published: 2010/12/12
Channel: Foundation for a Free Society
The Libertarian Position on Intellectual Property - More Liberty Now #9
The Libertarian Position on Intellectual Property - More Liberty Now #9
Published: 2014/11/22
Channel: George Donnelly
Intellectual Property Rights: Yay or Nay?
Intellectual Property Rights: Yay or Nay?
Published: 2017/08/17
Channel: iealondon
"Why Libertarians Should be Strong Opponents of Intellectual Property Rights" Dr. Calvin Hayes
"Why Libertarians Should be Strong Opponents of Intellectual Property Rights" Dr. Calvin Hayes
Published: 2014/01/28
Channel: MisesCanada
Against Intellectual Property (Summary of IP Law) by Stephan Kinsella
Against Intellectual Property (Summary of IP Law) by Stephan Kinsella
Published: 2011/05/19
Channel: LibertyInOurTime
Noam Chomsky on Intellectual Property
Noam Chomsky on Intellectual Property
Published: 2015/06/20
Channel: Socialist Party of YouTube
Thomas Burroughes - "Intellectual Property" (Libertarian Alliance)
Thomas Burroughes - "Intellectual Property" (Libertarian Alliance)
Published: 2012/06/22
Channel: LibertarianAlliance
11. Economics and Public Policies | Libertarian Public Policy with Jeffrey Miron
11. Economics and Public Policies | Libertarian Public Policy with Jeffrey Miron
Published: 2016/07/01
Channel: Libertarianism.org
David Gordon on IP & Stephan Kinsella
David Gordon on IP & Stephan Kinsella
Published: 2014/11/01
Channel: Libertarian Theory
Rethinking IP Completely | Stephan Kinsella
Rethinking IP Completely | Stephan Kinsella
Published: 2010/08/02
Channel: LibertyInOurTime
Against Intellectual Property (Property Rights: Tangible and Intangible) by Stephan Kinsella
Against Intellectual Property (Property Rights: Tangible and Intangible) by Stephan Kinsella
Published: 2011/05/19
Channel: LibertyInOurTime
Murray Rothbard on Copyrights & Patents
Murray Rothbard on Copyrights & Patents
Published: 2013/10/27
Channel: Robert Wenzel
Are Your Kids Too Fragile? How to Make the Next Generation More Resilient.
Are Your Kids Too Fragile? How to Make the Next Generation More Resilient.
Published: 2017/10/26
Channel: ReasonTV
Noam Chomsky on Libertarian Socialism
Noam Chomsky on Libertarian Socialism
Published: 2017/11/04
Channel: The Philosophy Times
Author Interview: Stephan Kinsella on Against Intellectual Property
Author Interview: Stephan Kinsella on Against Intellectual Property
Published: 2012/09/07
Channel: voluntarylife
Emancipated Human with Stephan Kinsella on Corporations, Intellectual Property, and more.
Emancipated Human with Stephan Kinsella on Corporations, Intellectual Property, and more.
Published: 2015/02/24
Channel: EmancipatedHuman
The Libertarian Case Against Open Borders
The Libertarian Case Against Open Borders
Published: 2016/04/17
Channel: Right-Libertarian Universe
Against Intellectual Property (Conclusion and Appendix) by Stephan Kinsella
Against Intellectual Property (Conclusion and Appendix) by Stephan Kinsella
Published: 2011/05/20
Channel: LibertyInOurTime
Intellectual Property
Intellectual Property
Published: 2016/03/23
Channel: DurhamUniversity
Against Intellectual Property (IP and Property Rights) by Stephan Kinsella
Against Intellectual Property (IP and Property Rights) by Stephan Kinsella
Published: 2011/05/20
Channel: LibertyInOurTime
Against Intellectual Property (IP as Contract) by Stephan Kinsella
Against Intellectual Property (IP as Contract) by Stephan Kinsella
Published: 2011/05/20
Channel: LibertyInOurTime
Pope Francis Against ‘Invasion’ of Libertarianism - Libertarian Catholic Perspective
Pope Francis Against ‘Invasion’ of Libertarianism - Libertarian Catholic Perspective
Published: 2017/05/01
Channel: Philosophy Workout
Views on Intellectual Property and Genetic Resources
Views on Intellectual Property and Genetic Resources
Published: 2016/06/02
Channel: WIPO
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WIKIPEDIA ARTICLE

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Libertarians have differing opinions on the validity of intellectual property.

Political parties[edit]

The Libertarian Party of Canada takes "a moderate approach to patents and copyrights", calling for "a careful review of existing and proposed legislation".[1]

Anarcho-capitalist views[edit]

Since anarcho-capitalists oppose the existence of even a minimal state, this ideological framework requires that any functions served by intellectual property law promulgation and enforcement be provided through private sector institutions.

Murray Rothbard argues for allowing contractually arising infinite copyright terms and against the need for any government role in protecting intellectual property.[2] He states that government's involvement in defining arbitrary limits on the duration, scope, etc. of intellectual property in order to "promote the Progress of Science and useful Arts" is inherently problematic, since "By what standard do you judge that research expenditures are 'too much,' 'too little,' or just about enough?" He argues that intellectual property laws can actually hinder innovation, since competitors can be indefinitely discouraged from further research expenditures in the general area covered by the patent because the courts may hold their improvements as infringements on the previous patent, and the patent holder is discouraged from engaging in further research in this field because the privilege discourages his improvement of his invention for the entire period of the patent, with the assurance that no competitor can trespass on his domain.[3]

Morris and Linda Tannehill propose that ideas in the form of inventions could be registered in a privately owned "data bank"; the inventor could then buy insurance against the theft and unauthorized commercial use of the invention, and the insurance company would guarantee to not only compensate the inventor for any losses suffered due to such infringement but to stop such unauthorized use.[4]

Opponents to intellectual property rights include Wendy McElroy,[5] Tom G. Palmer,[6] Henri Lepage, Boudewijn Bouckaert, Jeffrey Tucker, and N. Stephan Kinsella.[7] Kinsella points out in Against Intellectual Property that patents may be inefficient since they divert resources from research and development to patent filing and lawsuits. He notices that theoretical research can not be patented as easily as practical research and thus theoretical research is relatively underfunded. Moreover, he argues that property rights can only apply to resources that are scarce, which intellectual property is not. Kinsella also claims that the only way that intellectual property rights can be implemented is by limiting others' physical property rights.[8]

David D. Friedman takes a neutral stance on intellectual property, claiming "there are good arguments on both sides of that question".[9]

Left-libertarian views[edit]

Roderick T. Long argues that the concept of intellectual property is not libertarian. He holds that prohibiting people from using, reproducing, and trading copyrighted material is an infringement of freedom of speech and freedom of the press, and that since information exists in people's minds and other people's property, one cannot own information without owning other people. Claiming that authors and publishers will continue to produce absent copyright protection, he cites the fact that hundreds of thousands of articles are uploaded onto the Internet by their authors every day, available to anyone in the world for free and that nearly all works written before the 20th century are in the public domain, yet pre-1900 works are still published and sold.[10]

Benjamin Tucker, opposing intellectual property, writes, "...the patent monopoly...consists in protecting inventors...against competition for a period long enough to extort from the people a reward enormously in excess of the labor measure of their services, – in other words, in giving certain people a right of property for a term of years in laws and facts of Nature, and the power to exact tribute from others for the use of this natural wealth, which should be open to all."[11]

Ayn Rand's views[edit]

Ayn Rand, founder of Objectivism, supported copyrights and patents, noting in Capitalism: The Unknown Ideal:[12]

She held that patent should be granted for limited terms only:

Other libertarian and anarcho-libertarian views[edit]

Anarchists such as Lysander Spooner and J. Neil Schulman have also argued for forms of intellectual property.[13]

References[edit]

  1. ^ https://www.libertarian.ca/platform-libertarian-party-canada
  2. ^ "Chapter 3 – Triangular Intervention". Mises.org. Retrieved 2009-06-21. 
  3. ^ "Chapter 10 – Monopoly and Competition (continued)". Mises.org. Retrieved 2009-06-21. 
  4. ^ Tannehill, Morris and Linda (1993). "Property – The Great Problem Solver". The Market for Liberty. San Francisco: Fox & Wilkes. pp. 58–59. ISBN 0-930073-08-8. 
  5. ^ McElroy, Wendy (2011). "Contra Copyright, Again" (PDF). Libertarian Papers. 3 (12). 
  6. ^ Palmer, Tom G. (1990). "Are Patents and Copyrights Morally Justified? The Philosophy of Property Rights and Ideal Objects" (PDF). Harvard Journal of Law and Public Policy. 13 (3). 
  7. ^ Bouillon, Hardy (2009). "A Note on Intellectual Property and Externalities". In Hülsmann, Jörg Guido; Kinsella, Stephan. Property, Freedom, and Society: Essays in Honor of Hans-Hermann Hoppe. Ludvig von Mises Institute. p. 157. ISBN 978-1-933550-52-7. 
  8. ^ Kinsella, N. Stephan (2008). Against Intellectual Property (PDF). Ludvig von Mises Institute. ISBN 978-1-933550-32-9. Retrieved 2014-05-03. 
  9. ^ http://www.thedailybell.com/exclusive-interviews/3771/Anthony-Wile-David-D-Friedman-on/
  10. ^ "The Libertarian Case Against Intellectual Property Rights". Libertariannation.org. Retrieved 2009-06-21. 
  11. ^ Benjamin Tucker, Instead of a Book, By a Man Too Busy to Write One: A Fragmentary Exposition of Philosophical Anarchism (New York: Tucker, 1893), p. 13.
  12. ^ Rand, Ayn (1966). Capitalism: The Unknown Ideal. 
  13. ^ See: Kinsella, Classical Liberals and Anarchists on Intellectual Property, which also lists other classical liberals and anarchists and their positions on intellectual property. Kinsella's post Pro-IP “Anarchists” and anti-IP Patent Attorneys lists some more recent anarchist libertarians in favor of intellectual property. For further discussion of the views of various libertarians on this matter, see his Anti-IP Resources, The Four Historical Phases of IP Abolitionism, and The Origins of Libertarian IP Abolitionism.

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