Kinsella On Liberty

Latest Episodes:

KOL075 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Argumentation Ethics, Homesteading, Private vs Personal Property Aug 26, 2013

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Kinsella on Liberty Podcast, Episode 075. This is my appearance on Michael Shanklin’s Triple-V: Voluntary Virtues Vodcast with Michael Shanklin (Aug. 26, 2013). We discussed a variety of issues, as noted in the subject line. Some background material for these topics can be found at: Argumentation Ethics and Liberty: A Concise Guide Defending Argumentation Ethics: Reply to Murphy & Callahan, Anti-state.com (Sept. 19, 2002) (reply to Bob Murphy and Gene Callahan, Hans-Hermann Hoppe’s Argumentation Ethic: A Critique; debate discussed in this forum) How We Come to Own Ourselves Hoppe, “Of Private, Common, and Public Property and the Rationale for Total Privatization” What Libertarianism Is The Blockean Proviso The relation between the non-aggression principle and property rights: a response to Division by Zer0 Thoughts on the Latecomer and Homesteading Ideas; or, why the very idea of “ownership” implies that only libertarian principles are justifiable California Gay Marriage Law Overturned: What Should Libertarians Think? Advice for Prospective Libertarian Law Students Our previous discussions: KOL 043 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Bitcoin, Legal Reform, Morality of Voting, Rothbard on Copyright and KOL 025 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Intellectual Property, Ron Paul vs RonPaul.Com, Aaron Swartz, Corporatism.

KOL074 | The Libertarian: Interview Argumentation Ethics, Immigration, Libertarian Property Theory Aug 11, 2013

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Kinsella on Liberty Podcast, Episode 074. This is my interview from The Libertarian. It was released as The Libertarian: Podcast #1. We discussed libertarian theory, Hans-Hermann Hoppe's libertarian views, argumentation ethics, immigration, and related matters. https://youtu.be/r4_dST5VvAY For further background on these topics see: Argumentation Ethics and Liberty: A Concise Guide A Simple Libertarian Argument Against Unrestricted Immigration and Open Borders What Libertarianism Is I also did a previous written interview for that site: Interview by The Libertarian (2013).

KOL073 | Freedom Feens Radio: The Libertarian Macho Flash Edition Jul 28, 2013

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Kinsella on Liberty Podcast, Episode 073. I was a guest today on Freedom Feens radio. We talked about a variety of issues—property rights, education, and the Libertarian Macho Flash, among other topics.

KOL072 | Vrijheid Radio Interview: libertarian property theory, Locke, labor, intellectual property Jul 22, 2013

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Kinsella on Liberty Podcast, Episode 072. I was interviews for Vrijheid Radio (Netherlands) last week, by host Henri Serton. We talked about libertarian property theory, Locke, intellectual property, and related issues. I think it was a very good interview, maybe one of the best I've participated in, due in no small part to Serton's intelligent prodding and questions. SoundCloud link;

KOL071 | “Intellectual Property Law and Policy” at NYU School of Law Symposium (2011) Jul 12, 2013

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Kinsella on Liberty Podcast, Episode 071. This is my appearance at a New York University School of Law/Journal of Law and Liberty Symposium: “Plain Meaning in Context: Can Law Survive its Own Language?” (February 18, 2011); my panel was “Intellectual Property Law and Policy." Our panel was preceded by a keynote speech on a somewhat unrelated topic by Professor Richard Epstein, and featured me and two law professors specializing in IP law. After Epstein's keynote speech, (( Richard A. Epstein, "Plain Meaning in Context: Can Law Survive Its Own Language?", New York University Journal of Law and Liberty 6, no. 2 (2011): 359–392. )) my talk was first. The podcast here omits Epstein's speech and begins with my own talk, and continues with the other two panelists' talks and the Q&A session in which I answered a few questions. The full video, which includes Epstein's introductory talk, is online here and included below. Note: near the end of Epstein's speech (at 48:11, in the embedded video version) I asked him a question about federalism and the doctrine of selective incorporation; he gave a fair answer, but one I disagree with on the grounds the privileges and immunities clause did not unambiguously mean to incorporate a large set of "fundamental rights" into the Fourteenth Amendment, as Raoul Berger has argued. On the IP panel, a more general Q&A and interpanelist interchange session starts around 1:53:14 in the video (57:35 in this podcast excerpt), with me drawing a lot of the questions from fellow panelists and the audience. I was the only one who used a powerpoint; it cannot be seen from the posted video, so the file is here: The problem with IP, and also embedded also below.

KOL070 | Interview on Red Ice Radio (Sweden) about Libertarianism, Property Rights, IP Jul 04, 2013

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Kinsella on Liberty Podcast, Episode 070. I was a guest recently on Red Ice Radio (Sweden), with host Henrik Palmgren, which was broadcast on the July 3, 2013 show. This is hour 1; hour 2 is available to paying subscribers of Red Ice Radio. From the site's description of the episode: Stephan Kinsella - Hour 1 - Against Intellectual Property July 3, 2013 Stephan Kinsella is Founder and Executive Editor of Libertarian Papers, Founder and Director of the Center for the Study of Innovative Freedom (C4SIF), and a member of the Editorial Board of Reason Papers. A registered patent attorney and former adjunct professor at South Texas College of Law, Stephan has published numerous articles and books on IP law, international law, and the application of libertarian principles to legal topics. In the first hour, we'll discuss individual property and intellectual property. Stephan explains the purpose of property rules and rights. He'll discuss John Locke's principle of first appropriation or the homestead principle. Locke argued in support of individual property rights as "natural rights." We tie this into the Libertarian debate verses other political parties. Then, Kinsella argues the negative impact of intellectual property. He also explains how intellectual property laws control freedom of speech and violate various constitutional amendments. In the member's hour, Stephan continues to give examples to state his case against intellectual property. We hear how the state profits from these copyright, trademark and patent laws. And we'll learn about the inordinate power of the copyright industry. He talks about how we'd prosper if the current gatekeeper, guarding intellectual property, eroded as it does more damage than good. Later, we'll discuss the true free market. Today laws are in place protecting companies from competition. The hour ends on where things are heading and the impact of technological change.

KOL069 | Thinking Liberty Interview on IP (2011) Jul 02, 2013

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Kinsella on Liberty Podcast, Episode 069. I was a guest on the Feb. 15, 2011 episode of Thinking Liberty, “an interactive libertarian anarchist talk program.” We talked for quite a while about IP; the hosts asked very intelligent questions. This podcast episode begins with my segment, which originally started about 25:00 into the original episode.

KOL068 | James Cox: Why Man Made Law Is Slavery! Jun 16, 2013

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Kinsella on Liberty Podcast, Episode 068. From the shownotes: "Why Man Made Law Is Slavery! In this video I talk to Stephan Kinsella of https://stephankinsella.com We talk about man made law and how it is better to just have contracts with one another." Youtube: Original:

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Kinsella on Liberty Podcast, Episode 067. I recorded this one during my morning walk. Forgive the audio imperfections, but I had the audio tweaked so it's not bad. I discuss the argument for the unconstitutionality of IP, namely patent, copyright, trademark, and trade secret, which I discussed in a previous post, Copyright is Unconstitutional. For further details, see that post. Update: One further argument for the unconstitutionality of copyright that I forgot to mention in the podcast is one I mentioned in the referenced post. Namely, the Patent Clause in Article 1, Section 8 of the U.S. Constitution gives Congress the power to award patents “to promote the Progress of Science ... by securing for limited Times to Authors ... the exclusive Right to their respective Writings....” The copyright clause only authorizes Congress to protect an author’s “writings.” To the extent copyright law covers things other than writings–like paintings, movies, music, sculptures, photographs, software code (or at least look-and-feel aspects), boat hull designs–it is also clearly unconstitutional. See also Michael H Davis, "Extending Copyright and the Constitution: "Have I Stayed Too Long,"" 52 Florida Law Review 989 (2000), arguing that the Sonny Bono Copyright Term Extension Act is unconstitutional

KOL066 | LiveFreeFM with Nathan Fraser May 30, 2013

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Kinsella on Liberty Podcast, Episode 066. LiveFreeFM (IP), with Nathan Fraser (May 26, 2013): Stephan Kinsella joins us this week to discuss his work as a patent lawyer and libertarian, and how it has brought him to the forefront of the anti-IP movement. We discuss the legalities involving intellectual property, the morality of the concept, and whether or not it serves the utilitarian purposes that are used to justify it. Then, towards the end of the show, we discuss emerging technologies that are challenging the validity of intellectual property.

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