Kinsella On Liberty KOL366 | NFTS, Soho Forum Debate, Intellectual Property, Etc. on Repeal the 20th Century
Dec 13, 2021
Stephan Kinsella, libertarian legal theorist and critic of patents and copyrights. He traces his IP views and contrasts patents, copyright, trademark, and trade secrets. He argues against Lockean and utilitarian IP justifications, criticizes trademark standards, explores market fixes for counterfeits, and unpacks NFTs, bitcoin, and what technological possession means versus legal ownership.
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Monopolies Often Block Innovation
- Utilitarian IP defenses claim patents/copyrights fix market failures by incentivizing creators.
- Kinsella counters that monopolies slow innovation, reduce competitors' incentives, and empirically harm welfare.
IP As A Nonconsensual Veto On Property Use
- Patent and copyright laws function as state-granted negative servitudes that veto others' use of their physical property.
- Kinsella says this involuntary veto unjustly invades owners' property rights and requires burden of proof to justify.
Knowledge Accumulation Powers Prosperity
- Technological progress accumulates knowledge across generations and drives exponential wealth gains.
- Kinsella contends patents slow this accumulation and thus cause real human harms, especially in pharmaceuticals.
