Kinsella on Liberty Podcast: Episode 412.

As noted in KOL409 (Part 1: Patent Law) and KOL411 (Part 2: Copyright Law), although I’ve done dozens of speeches and interviews over the past 20 or so years on libertarian aspects of intellectual property, or IP, that is, on IP policy, I’ve never done any in depth lectures for libertarians on IP law itself. In KOL409, I did a brief overview of various types of IP law, and then focused on the patent law and patent application process itself. KOL411 was a tutorial on copyright law.

This episode covers other types of IP, including trademark and trade secret, and argues that defamation law should be considered a type of IP law as well. (Recorded May 11, 2023.)

GROK SHOWNOTES: In this episode of the Kinsella on Liberty Podcast (KOL412), recorded on May 11, 2023, libertarian patent attorney Stephan Kinsella delivers the third and final part of his intellectual property (IP) law tutorial series, focusing on trademark, trade secret, and other forms of IP, including a novel argument that defamation law constitutes a type of IP, aimed at equipping libertarians with a comprehensive understanding of these systems he opposes (0:00-5:00). Kinsella begins by reviewing the series’ context, recapping patent (KOL409) and copyright (KOL411) tutorials, and outlines trademark law’s origins in consumer protection against fraud, detailing its modern framework under the U.S. Lanham Act, which protects marks identifying goods or services, and trade secret law’s basis in confidentiality agreements (5:01-20:00). He explains trademark registration, infringement lawsuits, and trade secret misappropriation, using examples like a sample trademark registration to illustrate their mechanics, while critiquing their expansion beyond original intent as state-granted monopolies that infringe on property rights (20:01-35:00).

Kinsella argues that defamation law, protecting reputation, functions as an IP right by restricting speech, aligning with his libertarian view that all IP forms violate property rights by limiting tangible resource use (35:01-50:00). He discusses other IP types, like mask works and boat hull designs, and critiques their niche but restrictive nature, emphasizing the economic and competitive harms of IP, such as litigation costs and barriers to innovation (50:01-1:05:00). In the Q&A, Kinsella addresses audience questions on topics like trademark’s role in brand protection, trade secret enforcement in a free market, and IP’s broader societal impacts, reinforcing his call for IP’s abolition and directing listeners to c4sif.org for resources (1:05:01-1:20:55). He concludes by summarizing the series’ goal to empower libertarians to challenge IP, encouraging further study of his anti-IP works, including Against Intellectual Property (1:20:56-1:20:55). This episode is a critical resource for understanding trademark, trade secret, and defamation laws through a libertarian lens.

 

Youtube Transcript and GROK DETAILED SUMMARY below.

Others in the series:

KOL409 | IP Law Tutorial, Part 1: Patent Law

KOL411 | IP Law Tutorial, Part 2: Copyright Law

Further resources:

IP Resources

Do Business Without Intellectual Property (Liberty.me, 2014) (PDF)

A Selection of my Best Articles and Speeches on IP

You Can’t Own Ideas: Essays on Intellectual Property (Papinian Press, 2023)

The Anti-IP Reader: Free Market Critiques of Intellectual Property (Papinian Press, 2023)

Hello! You’ve Been Referred Here Because You’re Wrong About Intellectual Property

Anti-IP Youtube Videos: A Selection

KOL409 | IP Law Tutorial, Part 1: Patent Law

KOL411 | IP Law Tutorial, Part 2: Copyright Law

KOL412 | IP Law Tutorial, Part 3: Trademark, Trade Secret, and Other

The slides I used are streamed below and here (powerpoint) and streamed below.

https://youtu.be/DQ0MXbBn264

GROK DETAILED SUMMARY

Bullet-Point Summary for Show Notes with Time Markers and Block Summari...

Kinsella on Liberty Podcast: Episode 411.

As noted in KOL409 (Part 1: Patent Law), although I've done dozens of speeches and interviews over the past 20 or so years on libertarian aspects of intellectual property, or IP, that is, on IP policy, I've never done any in depth lectures for libertarians on IP law itself. In KOL409, I did a brief overview of various types of IP law, and then focused on the patent law and patent application process itself.

This episode provides a tutorial on copyright law. (Recorded Thursday, April 27, 2023.) See additional note below.

GROK SHOWNOTES: In this episode of the Kinsella on Liberty Podcast (KOL411), recorded on April 26, 2023, libertarian patent attorney Stephan Kinsella delivers the second part of his intellectual property (IP) law tutorial series, focusing on copyright law, as a resource for libertarians to understand and critique the system he opposes (0:00-5:00). Kinsella begins by reviewing the foundations of copyright law, tracing its historical roots to English censorship practices and the 1710 Statute of Anne, and explains its modern framework under the U.S. Copyright Act, which grants exclusive rights to creators of original works like books, music, and software for extended periods (5:01-20:00). He details the copyright registration process, eligibility criteria (e.g., originality, fixation), and scope of protection, using examples like a sample copyright registration to illustrate how copyrights restrict others’ use of expressive content (20:01-35:00). Kinsella’s tutorial emphasizes his libertarian critique, arguing that copyrights violate property rights by limiting how individuals use their tangible resources.

Kinsella further explores copyright enforcement, including infringement lawsuits, remedies like injunctions and damages, and defenses such as fair use, while critiquing the system’s economic and cultural harms, such as stifling creativity and inflating costs (35:01-50:00). He discusses special copyright issues, like the work-made-for-hire doctrine and derivative works, and contrasts copyright’s long term (life of the author plus 70 years) with patent law’s shorter duration, noting its automatic grant without registration (50:01-1:05:00). In the Q&A, Kinsella addresses audience questions on topics like copyright’s impact on open-source software, international copyright treaties, and his ethical stance as an IP attorney, reinforcing his view that copyrights are state-imposed monopolies (1:05:01-1:25:47). He concludes by previewing the final tutorial on trademarks and trade secrets, urging libertarians to use this knowledge to oppose IP, and directing listeners to c4sif.org for resources (1:25:48-1:25:47). This episode is a critical guide for understanding copyright law’s mechanics and libertarian objections.

Youtube Transcript and GROK DETAILED SUMMARY below.

For other episodes in the series:

KOL409 | IP Law Tutorial, Part 1: Patent Law

KOL412 | IP Law Tutorial, Part 3: Trademark, Trade Secret, and Other

Further resources:

IP Resources

Do Business Without Intellectual Property (Liberty.me, 2014) (PDF)

A Selection of my Best Articles and Speeches on IP

You Can’t Own Ideas: Essays on Intellectual Property (Papinian Press, 2023)

The Anti-IP Reader: Free Market Critiques of Intellectual Property (Papinian Press, 2023)

Hello! You’ve Been Referred Here Because You’re Wrong About Intellectual Property

Anti-IP Youtube Videos: A Selection

KOL409 | IP Law Tutorial, Part 1: Patent Law

KOL411 | IP Law Tutorial, Part 2: Copyright Law

KOL412 | IP Law Tutorial, Part 3: Trademark, Trade Secret, and Other

The slides I used are streamed below and here (.pptx) and streamed below.

https://youtu.be/1yziV15ZGso

In the Q&A session, a participant asked a question about joint ownership of patents and patent licensing. In the lecture I had pointed out that for co-authors of a copyright-protected work,

Kinsella on Liberty Podcast: Episode 410.

This is my appearance on Robert Breedlove’s What Is Money podcast, Ep. 6 (WiM303) (Youtube channel). This is Ep. 6 of the “Stephan Kinsella Series” (released April 21, 2023).

From Robert’s Episode notes:

EPISODE SUMMARY

Stephan Kinsella joins me to continue our discussion about the book "A Theory of Socialism and Capitalism: Economics, Politics, and Ethics" by Hans-Hermann Hoppe. We discuss the impact of incentive schemes on productivity, the fake communism of the USSR, modern-day slavery, and why Bitcoin is the ultimate solution to centralization.

EPISODE NOTES

Stephan Kinsella joins me to continue our discussion about the book "A Theory of Socialism and Capitalism: Economics, Politics, and Ethics" by Hans-Hermann Hoppe. We discuss the impact of incentive schemes on productivity, the fake communism of the USSR, modern-day slavery, and why Bitcoin is the ultimate solution to centralization.

// OUTLINE //

00:00:00 - Coming up

00:01:25 - Intro

00:02:59 - Helping Lightning Startups with In Wolf's Clothing

00:03:45 - A Theory of Socialism and Capitalism by Hans-Hermann Hoppe

00:03:59 - Historical Examples of Capitalist vs. Socialist Incentives

00:08:05 - The Fake Communism of the USSR

00:09:56 - The Impact of Incentive Schemes on Productivity

00:15:33 - Property Rights are the Key Incentives of a Productive Economy

00:19:42 - How Political Risk Influences Investments and Productivity

00:22:57 - Pros and Cons of International Treaties

00:26:02 - Bitcoin as a Neutral International Settlement Layer

00:28:13 - The Importance of Treaty Obligations and International Law

00:30:32 - Secure Your Bitcoin Stash with The iCoin Hardware Wallet

00:31:27 - Take Control of Your Healthcare with CrowdHealth

00:32:29 - A Bitcoin Wallet with Privacy Built-In: Wasabi Wallet

00:33:22 - Public vs. Private Means of Production

00:36:04 - Private Slavery vs. Public Slavery

00:38:48 - Modern-Day Slavery

00:44:03 - How to Remove the Shackles of Slavery

00:48:47 - The Natural Law vs. The Fake Law

00:51:46 - Every Law Should Have an Expiration Date

00:53:48 - A Chance to Win Discounted Tickets to the Bitcoin 2023 Conference and 10M SATS

00:54:43 - Hold Bitcoin in the Most Secure Custody Model with Casa

00:55:31 - Can We Return to the Common Law?

00:57:51 - The Case Against Democracy

00:58:54 - How did the U.S. Shift from a Constitutional Republic to a Democracy

01:06:56 - A Movement towards Centralization and Back to Decentralization

01:12:00 - The Case of The Abortion Law in the U.S.

01:13:40 - The Role of the Federal Reserve in Centralization

01:20:22 - Where to Find Stephan's Work

Kinsella on Liberty Podcast: Episode 409.

It occurred to me recently that although I've done dozens of speeches and interviews over the past 20 or so years on libertarian aspects of intellectual property, or IP, that is, on IP policy, I've never done any in depth lectures for libertarians on IP law itself. Today's discussion did a brief overview of various types of IP law, and then focused on the patent law and patent application process itself. It was followed with Q&A at the end. I plan to do followup episodes focusing on copyright and perhaps some other areas.

GROK SHOWNOTES: In this episode of the Kinsella on Liberty Podcast (KOL409), recorded on April 19, 2023, libertarian patent attorney Stephan Kinsella delivers the first part of an intellectual property (IP) law tutorial series, focusing on patent law, aimed at providing libertarians with an in-depth understanding of the legal mechanics despite his opposition to IP (0:00-5:00). Kinsella begins by outlining the various types of IP—patents, copyrights, trademarks, trade secrets, and others—before diving into the specifics of patent law, including its historical roots in mercantilist monopolies and its modern legislative framework under the U.S. Patent Act (5:01-20:00). He explains the patent application process, eligibility criteria (e.g., novelty, non-obviousness), and the prosecution history, using examples like a sample patent application and an issued patent to illustrate how patents function as state-granted rights to exclude others from using certain inventions (20:01-35:00). Kinsella’s tutorial, while technical, is tailored to clarify the system he critiques as a violation of property rights.

Kinsella further details the practical aspects of patents, such as their 20-year term, infringement lawsuits, and remedies like injunctions, emphasizing their economic and competitive impacts, such as high litigation costs (35:01-50:00). He critiques the patent system’s inefficiencies, like vague claim language and patent trolling, and contrasts design patents (e.g., Apple’s touchscreen design) with utility patents, noting their distinct scopes (50:01-1:05:00). In the Q&A, Kinsella addresses audience questions on topics like patent assignment, international patent systems, and his libertarian opposition to IP, reinforcing that patents are state privileges, not natural rights, and directing listeners to his resources at c4sif.org (1:05:01-1:20:27). He concludes by previewing future tutorials on copyright and other IP forms, encouraging libertarians to understand the system to better oppose it (1:20:28-1:20:27). This episode is an essential resource for libertarians seeking a clear, critical perspective on patent law’s mechanics and implications.

 

Youtube Transcript and GROK DETAILED SUMMARY below.

Other episodes in this series:

KOL411 | IP Law Tutorial, Part 2: Copyright Law

KOL412 | IP Law Tutorial, Part 3: Trademark, Trade Secret, and Other

The slides I used are streamed below and here (.pptx). I also used the following documents in my talk: sample patent application; sample patent prosecution history (USPTO); Sample issued patent 10054762; Apple design patent for touchscreen device with rounded corners; sample red ribbon copy.

Further resources:

IP Resources

Do Business Without Intellectual Property (Liberty.me, 2014) (PDF)

A Selection of my Best Articles and Speeches on IP

You Can’t Own Ideas: Essays on Intellectual Property (Papinian Press, 2023)

The Anti-IP Reader: Free Market Critiques of Intellectual Property (Papinian Press, 2023)

Hello! You’ve Been Referred Here Because You’re Wrong About Intellectual Property

Anti-IP Youtube Videos: A Selection

KOL409 | IP Law Tutorial, Part 1: Patent Law

KOL411 | IP Law Tutorial, Part 2: Copyright Law

KOL412 | IP Law Tutorial, Part 3: Trademark, Trade Secret, and Other

https://youtu.be/Qrz55dB40TQ

GROK DETAILED SUMMARY

Kinsella on Liberty Podcast: Episode 408.

This is my appearance on The Soul of Enterprise, Episode 432, with hosts Ed Kless and Greg Tirico. Recorded Friday, March 24, 2023. Their shownotes are below.

Ron and Ed recently welcomed patent attorney and advocate for abolishing intellectual property, Stephan Kinsella to the show. We explored what is (and is not) intellectual property and then had a conversation about why Stephan thinks these forms of property should not exist and why the world would be better if they did not.

...

Use these notes to follow along with the show:

Segment one:

Ron first heard Stephan Kinsella on the Tom Woods show, episode 2145. Link is here: https://tomwoods.com/ep-2145-does-intellectual-property-exist/

Stephan started out of law school in a big law firm. He has been a solo practitioner for the last 8-10 years but he’s “pretty much” retired now :)

Stephan published the original article about 20 years ago, “Against Intellectual Property” and here is a new, more general approach to the same article: https://c4sif.org/2022/05/against-intellectual-property-after-twenty-years-looking-back-and-looking-forward/

Everyone believes in property rights BUT property rights in any non-Libertarian system is summarized as, “You own your own stuff unless the government says otherwise.”

“Wealth is the subjective appraisal of things you own” —Stephan Kinsella

Stephan referenced the Sweat of the Brow Doctrine earlier today on the show. Here’s a good starting point for you: https://en.wikipedia.org/wiki/Sweat_of_the_brow

Segment two:

While working in Big Law, Stephan “billed every tenth of an hour every 6 minutes.” This was referred to internally in the firm as a shizzle.

Stephan has a great description of contracts on the show today. Contracts are all about communication by the owner as to whether they will or will not allow other people to use their resources (either temporarily or permanently).

The 4 main categories of IP in the United States are: patent, copyright, trademark, and trade secrets. Stephan goes into detail about this during segment two of the show.

In theory, patents are effectively monopoly control for 20 years that allows you to charge monopoly prices. There is no evidence that patents induce innovation whatsoever.

Patents kill. LITERALLY. Read more from Stephan Kinsella here: https://mises.org/wire/patents-kill-compulsory-licenses-and-genzymes-life-saving-drug

Segment three:

“The Overwhelming Empirical Case Against Patent and Copyright” by Stephan Kinsella: https://c4sif.org/2012/10/the-overwhelming-empirical-case-against-patent-and-copyright/

“Law and Intellectual Property in a Stateless Society” by Stephan Kinsella http://libertarianpapers.org/1-law-intellectual-property-stateless-society/

Most libertarians find some areas of libertarian theory more interesting than others. Stephan’s own passion has always been rights theory and related areas, such as the theory of contracts, causation, and punishment. More here: https://mises.org/library/intellectual-property-and-libertarianism

Despite the fact that there is widespread copying, the amount of art, design, music, and movies is greater than ever. Piracy/copying is obviously not a hinderance to progress.

Segment four:

“Attribution have nothing to do with copyright.” —Stephan Kinsella

“Plagiarism is simply representing someones work as your own. It has nothing to do with copyright.” —Stephan Kinsella

If you buy a fake Rolex for $20, there is no fraud involved. The buyer knows the Rolex is fake. Stephan talked through this during the last segment of our show today.

A big THANK YOU to our guest today, Stephan Kinsella. His work is deep and focused on abolishing IP. Check out StephanKinsella.com for links to his work.

Kinsella on Liberty Podcast: Episode 407.

This is a short conversation I had with James Cox about copyright and fair use back in 2016 (Feb. 26). We also talk about the safe harbor in the DMCA and the §230 safe harbor in the CDA.

https://www.youtube.com/live/wJ2sYz70gc4?feature=share

Kinsella on Liberty Podcast: Episode 406.

This is my appearance on Robert Breedlove’s What Is Money podcast, Ep. WiM282 (Youtube channel). This is Ep. 6 of the “Stephan Kinsella Series” (released March 8, 2023).

From Robert’s Episode notes:

In this episode, Stephan Kinsella joins me for an in-depth conversation about the book "A Theory of Socialism and Capitalism: Economics, Politics, and Ethics" by Hans-Hermann Hoppe. We discuss the harmful effects of socialism, how to take proper action in an increasingly uncertain future, and the alternative to socialism. (( From my friend Greg Morin: "Apropos your recent post about people mispronouncing words. Listening to KOL 406 and you horribly mispronounce "verstehen" lol. It's like this: fair-shtay-en. Next time we talk I can say it for you. At least I got something out of my learning German over all these years." ))

https://youtu.be/EgeLlOFkC1U

Kinsella on Liberty Podcast: Episode 405.

This is my appearance on Robert Breedlove’s What Is Money podcast, Ep. WiM235 (Youtube channel). This is Ep. 5 of the “Stephan Kinsella Series” (released Nov. 9, 2022).

From Robert’s Episode notes:

Stephan Kinsella is an American intellectual property lawyer, author, and deontological anarcho-capitalist. He joins me for an in-depth conversation about the book "A Theory of Socialism and Capitalism: Economics, Politics, and Ethics" by Hans-Hermann Hoppe.

https://youtu.be/J-eXmuBp-e4

Kinsella on Liberty Podcast, Episode 404.

This was my Webinar presentation at the Freedom Hub Working Group, billed as: "For Over-Drugging of our Bodies and Food, Blame INTELLECTUAL Property" (Wed., Feb. 9, 2023), with co-hosts Jim Grapek and Charles Frohman. It was released under the title "How Humanity’s Progress Has Been Held Back: The Case Against IP (Intellectual Property)."

Rumble:

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Rumble("play", {"video":"v26kgic","div":"rumble_v26kgic"});

Youtube:

https://youtu.be/hRm-PIxHS1Q

From their Shownotes:

Whenever a politician gets pinned down for the lousy health care system we must endure, they spit out some glib demagoguery about expensive drug prices.  None of these politicians know why they’re expensive, especially not the cause of INTELLECTUAL property.

Property is sacred, of course, but that’s tangible, and a bit intangible when one considers the property rights we have in our minds – not just what we produce on our own.  But as far back as the Constitution, protectionist impulses led our Founders to benefit domestic manufactures with a threat to punish competitors if they dared to compete with the recipient of IP welfare, in the form of a patent, copyright or trademark.

But each of these examples of corporate welfare got their start through government coercion.  Copyrights emanated from worry over the printing press, and how it could print ideas threatening to the government.  Patents originated in piracy – a “legal” form given by the Queen to Drake to plunder the world.  IP relates to ideas, which cannot be owned.

On the flip side, we know how entrepreneurs seemingly offer us the same thing as a preceding company, but in a manner that better suits our tastes and pocketbook.  Should that smart business person be denied selling us this improvement, if the previous supplier got some politician to grant an IP monopoly – for a set period of time?

IP is political.  It’s not a market creation.  Pharma uses IP loopholes to retain monopolies on certain disease cures that lead to patients paying thousands of dollars a month to get well.  And treaties over the years have sought global enforcement through the World Trade Organization and related bureaucracies.  IP needs abolition.

LinkedIn announcement:

Prescriptions cost an arm and a leg because they're granted immunity from competition (so-called "Intellectual" property (IP)) and withheld from the market until a decade of trials that don't always prove in disease outcomes superiority to natural alternatives. IP lawyer N. Stephan Kinsella says consumers would be better off if entrepreneurs were allowed to apply to ideas improvements now stymied by IP.

From their promo materials:

For Over-Drugging of our Bodies and Food, Blame INTELLECTUAL Property

IP is a damaging example of corporate welfare

With Stephan Kinsella, IP lawyer

With co-hosts Jim Grapek, Pavilion founder and award-winning producer/filmmaker; and Charles Frohman, Cash-patient Maker & Health Freedom Lobbyist

Thursday, February 9th

12 - 1pm Eastern Time

...

Whenever a politician gets pinned down for the lousy health care system we must endure, they spit out some glib demagoguery about expensive drug prices.  None of these politicians know why they’re expensive, especially not the cause of INTELLECTUAL property.

Property is sacred, of course, but that’s tangible, and a bit intangible when one considers the property rights we have in our minds - not just what we produce or own.  But as far back as the Constitution,

Kinsella on Liberty Podcast, Episode 403.

I was a guest today (Jan. 27, 2023) on The Bitcoin Group #343, on the World Crypto Network (Youtube channel), hosted by Thomas Hunt @MadBitcoins.

The other panelists included the CryptoRaptor (Dan Eve); Ben Arc; Martin @generalbyltes. We discussed a variety of topics.

https://youtu.be/878nyinOyqQ

Shownotes:

Featuring… Joshua Scigala (https://twitter.com/Vaultoro)

Dan Eve (https://twitter.com/cryptopoly)

Stephan Kinsella (https://twitter.com/NSKinsella) and

Thomas Hunt (https://twitter.com/MadBitcoins)