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Against Intellectual Property

par N. Stephan Kinsella

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LARGE PRINT EDITION! More at LargePrintLiberty.com. This monograph is justifiably considered a modern classic. It is by Stephan Kinsella who caused a worldwide rethinking among libertarians of the very basis of intellectual property. Mises had warned against patents, and Rothbard did too. But Kinsella goes much further to argue that the very existence of patents (including copyrights and trademarks) is contrary to a free market. They all use the state to create artificial scarcities of non-scarce goods and employ coercion in a way that is contrary to property rights and the freedom of contract.Many people who read this essay for the first time are unprepared for the rigor of his argument, which takes time to settle in, simply because it seems so shocking at first. But Kinsella makes his case with powerful logic and examples that are overwhelming in their persuasive power.The relevance in a digital age can't be overstated. The state works with monopolistic private producers to inhibit innovation and stop the progress of technology, while using coercion against possible competitors and against consumers. Even U.S. foreign policy is profoundly affected by widespread confusions over what is legitimate and merely asserted as property. What Kinsella is calling for instead of this cartelizing system is nothing more or less than a pure free market, which he argues would not generate anything resembling what we call intellectual property today. IP, he argues, is really a state-enforced legal convention, not an extension of real ownership.Few essays written in the last decades have caused so much fundamental rethinking. It is essential that libertarians get this issue right and understand the arguments on all sides. Kinsella's piece here is masterful in making a case against IP that turns out to be more rigorous and thorough than any written on the left, right, or anything in between.Read it and prepare to change your mind.… (plus d'informations)
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    Against Intellectual Monopoly par Michele Boldrin (fulner)
    fulner: A much more well written book on the topic, examining history of damages to the market based on real life investigation. Authored by two professional University employees economists of the mainstream neo-classical school.
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For me, the arguments that Stephan Kinsella proposes in this book against intellectual property (IP) are wrong. The IP is not an issue of scarcity, as Kinsella claims. According to his theory, conflicts cannot happen in the area of intellectual property because it is a subject in which there are no shortages. But the reality is that every day there are countless disputes in the courts about patent and copyright infringements. There are conflicts, and many. Some people want to have their "intellectual" work protected by law. These persons, obviously, do not agree with the theory advocated by Kinsella. The issue of IP is not a matter of scarcity but a subject of a very different and complex high level. It’s a matter of conflict of interest between people. Conflicts must be resolved through rules that allow the coexistence and, in this case, the rule of scarcity is not applicable at all, because it’s evident that it does not solve the conflict between all parts involved in the matter.

And besides, how many companies are going to invest money in research if they are not going to make a profit afterwards? Are pharmaceutical companies going to develop new medicines if, after spending a fortune on research, they can not make a profit for that work? How can a movie production company survive if all the people pirate its films and don't pay to see them?

And finally, for me, the subject of intellectual property is a moral issue. Men who dedicate their lives to research and artistic creation need to receive a fair compensation for their work in order to survive. Society, morally, must give them money according with the benefits that their creative ideas are bringing to others. If not, it will be very difficult for them to continue their scientific research and their artistic creations. ( )
  Library_user_3.0 | Jan 21, 2023 |
This audio book from Misses.org was almost unlistenable. The reason for me making such a bold claim is that the reader insisted on reading the footnotes on each page, complelty interrupting the flow of the ideas Kinsella was trying to get across.

The data I was able to obtain from it seemed accurate, but nothing really new to me.

So I cannot recommend the audiobook, but do recommend the hard copy. ( )
  fulner | Mar 16, 2016 |
I'm not sure I agree with everything in this book, but it really made me think. ( )
  kathleen586 | Mar 30, 2013 |
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LARGE PRINT EDITION! More at LargePrintLiberty.com. This monograph is justifiably considered a modern classic. It is by Stephan Kinsella who caused a worldwide rethinking among libertarians of the very basis of intellectual property. Mises had warned against patents, and Rothbard did too. But Kinsella goes much further to argue that the very existence of patents (including copyrights and trademarks) is contrary to a free market. They all use the state to create artificial scarcities of non-scarce goods and employ coercion in a way that is contrary to property rights and the freedom of contract.Many people who read this essay for the first time are unprepared for the rigor of his argument, which takes time to settle in, simply because it seems so shocking at first. But Kinsella makes his case with powerful logic and examples that are overwhelming in their persuasive power.The relevance in a digital age can't be overstated. The state works with monopolistic private producers to inhibit innovation and stop the progress of technology, while using coercion against possible competitors and against consumers. Even U.S. foreign policy is profoundly affected by widespread confusions over what is legitimate and merely asserted as property. What Kinsella is calling for instead of this cartelizing system is nothing more or less than a pure free market, which he argues would not generate anything resembling what we call intellectual property today. IP, he argues, is really a state-enforced legal convention, not an extension of real ownership.Few essays written in the last decades have caused so much fundamental rethinking. It is essential that libertarians get this issue right and understand the arguments on all sides. Kinsella's piece here is masterful in making a case against IP that turns out to be more rigorous and thorough than any written on the left, right, or anything in between.Read it and prepare to change your mind.

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