Kinsella On Liberty

Kinsella on Liberty Podcast, Episode 276. This is my speech delivered for the Troesh Talk, part of the Business Colloquium course, at the Tom and Vi Zapara School of Business at La Sierra University Nov. 12, 2019. I was invited by Associate Dean Gary Chartier, who runs the Colloquium. The audience consisted mainly of business and grad students.

Kinsella on Liberty Podcast, Episode 275. This is my appearance in Episode 54 of the Did You Know Crypto Podcast, with host Dustin Dreifuerst. We talked about ownership of bitcoin and related issues.  As Dustin summarized in his show notes: Stephan and I talk about… Ownership, Control & Property as Legal concepts Why you cant actually “own” Bitcoin How Bitcoin is about secrets not property Ownership is a state augmentation Why this isn’t an attack on Bitcoin https://youtu.be/NQ2GOpMjzTo (I previously appeared on this podcast: KOL266 | Did You Know Crypto Podcast, Ep. 36: Bitcoin Patent Trolling.) For more information see this episode and related show notes: KOL274 | Nobody Owns Bitcoin (PFS 2019).

Kinsella on Liberty Podcast, Episode 274. This is my presentation to the 2019 Annual Meeting of the Property and Freedom Society on Sunday, Sept. 15, 2019. Powerpoint slides embedded below. Youtube embedded below. Some related Q&A is in this session which was held later on the same day: Hülsmann, Kinsella, Dürr, Hoppe, Q&A (PFS 2019). Related links/relevant material: Konrad Graf, Are Bitcoins Ownable?: Property Rights, IP Wrongs, and Legal-Theory Implications [PDF] Preston Byrne, What do you legally “own” with Bitcoin? A short introduction to krypto-property On the Danger of Metaphors in Scientific Discourse LeFevre on Intellectual Property and the “Ownership of Intangibles” The “If you own something, that implies that you can sell it; if you sell something, that implies you must own it first” Fallacies, “The Non-Aggression Principle as a Limit on Action, Not on Property Rights,” StephanKinsella.com Blog (Jan. 22, 2010) “IP and Aggression as Limits on Property Rights: How They Differ,” StephanKinsella.com Blog (Jan. 22, 2010) KOL085 | The History, Meaning, and Future of Legal Tender The Limits of Libertarianism?: A Dissenting View KOL249 | WCN’s Max Hillebrand: Intellectual Property and Who Owns Bitcoin Cordato and Kirzner on Intellectual Property Mises on property KOL246 | CryptoVoices: Bitcoin as Property, Digital Goods, Personal Liberty, and Intellectual Property See other links at KOL191 | The Economy with Albert Lu: Can You Own Bitcoin? (1/3) My facebook post discussing ownership of Bitcoin Tom Bell: Copyright Erodes Property? Bitcoin Is Officially a Commodity, According to U.S. Regulator Tax Plan May Hurt Bitcoin, WSJ Swiss Tax Authorities Confirm that Bitcoin is VAT-free in Switzerland Tokyo court says bitcoins are not ownable FinCEN Rules Commodity-Backed Token Services are Money Transmitters Bitcoin Is Officially a Commodity, According to U.S. Regulator; Miami Judge Rules Bitcoin Is Not Money; Dismisses Money Laundering, Transmitting Charges How to handle bitcoin gains on your taxes SEC: US Securities Laws ‘May Apply’ to Token Sales Federal Judge Rules Bitcoin Is Real Money

Kinsella on Liberty Podcast, Episode 273. This is my appearance as a guest on Episode 302: "Stephan Kinsella Explains Hoppe’s Argumentation Ethics", of the Free Man Beyond the Wall podcast, by host Pete Quinones (formerly known as "Mance Rayder"), hosted by The Libertarian Institute. From his shownotes: Many libertarian/anarchists have heard of the concept of Argumentation Ethics as developed by Hans-Hermann Hoppe but have never looked to see what it’s all about. Stephan Kinsella has studied AEs, applied it to his own work and even developed the thought process further. Here, he gives a lengthy explanation that can serve as your doorway into the subject. Stephan is an attorney in Houston, director of the Center for the Study of Innovative Freedom, and editor of Libertarian Papers. The A Priori of Argumentation Longer Hoppe Video  Stephan’s Website A Concise Guide to Argumentation Ethics Indiegogo for The Monopoly on Violence Pete’s Patreon Pete’s Bitbacker Pete’s Books on Amazon Pete’s Books Available for Crypto Pete on Facebook Pete on Twitter See also: “Dialogical Arguments for Libertarian Rights,” in The Dialectics of Liberty (Lexington Books, 2019) Hoppe’s Argumentation Ethics and Its Critics, StephanKinsella.com (Aug. 11, 2015) Lecture 3 of my 2011 Mises Academy course, “The Social Theory of Hoppe” (slides here) Lecture 2 of my 2011 Mises Academy course, “Libertarian Legal Theory: Property, Conflict, and Society” (slides here) The Genesis of Estoppel: My Libertarian Rights Theory, StephanKinsella.com (March 22, 2016) Defending Argumentation Ethics: Reply to Murphy & Callahan, Anti-state.com (Sept. 19, 2002) “Argumentation Ethics and Liberty: A Concise Guide,” Mises Daily (May 27, 2011)

Kinsella on Liberty Podcast, Episode 272. This is my appearance on the Ernie Hancock “Declare your Independence” show for Aug. 21 (Hour 2).  We discussed defamation law and reputation rights, and some related matters. Related links: Rothbard, Knowledge, True and False Block, Defending the Undefendable, ch. 7 "The Slanderer and Libeler" David Kelley vs. Nat Hentoff on Libel, Youtube Kinsella, Reply to Van Dun: Non-Aggression and Title Transfer, Journal of Libertarian Studies, Volume 18, no. 2 (Spring 2004)

Kinsella on Liberty Podcast, Episode 271. This is my appearance on Let's Talk ETC! #87 (June 24, 2019), with host Dr. Christian Seberino. From his shownotes: Stephan Kinsella is a Houston patent lawyer and libertarian advocate. He joins me for an informative discussion about libertarianism, anarcho-capitalism and related blockchain legal issues. Topics addressed include how blockchain technologies impact privacy, tax collection, copyrights, patents, obscenity laws and more.

Kinsella on Liberty Podcast, Episode 270. This is my second appearance on The Corbett Report (Ep. 1453, 25 June 2019), with host James Corbett (from Japan): Interview 1453 – Stephan Kinsella on Law Without the State Stephan Kinsella joins us today to discuss the concept of law without the state. Is law and order possible without a state? What would that look like? And just what is “the law,” anyway? Find out more in this fascinating conversation on law, history, philosophy and anarchy. Related: What It Means To Be an Anarcho-Capitalist, LewRockwell.com (Jan. 20, 2004) Fraud, Restitution, and Retaliation: The Libertarian Approach (Feb. 3, 2009) Hoppe, Anarcho-Capitalism: An annotated bibliography, LewRockwell.com, December 31, 2001 KOL144 | Corbett Report Radio (2012)

Kinsella on Liberty Podcast, Episode 269. My old friend Jack Criss, former libertarian AM radio talk show host from the 1980s and now a business journalist and publisher, throws his hat into the podcast ring. He interviewed me today. His episode page is here.

Kinsella on Liberty Podcast, Episode 268. I was a guest on Episode 39 of the excellent podcast The Bob Murphy Show, discussing "Law Without the State, and the Illegitimacy of IP (Intellectual Property)". A few people have told me this particular discussion of IP was one of my best--thorough and systematic. No doubt aided by Bob's excellent prompting, questions, and guidance. Bob and I had planned to also discuss argumentation ethics, but the discussion of IP ran longer than we expected so we'll save AE for next time. [Update: KOL278 | Bob Murphy Show: Debating Hans Hoppe’s “Argumentation Ethics”.] From Bob's show notes: Bob talks with Stephan Kinsella about the basis of libertarian law, and how we could have justice without a coercive State. They then discuss Stephan’s pathbreaking work making the case that property must be in tangible things, rendering “intellectual property” an incoherent and dangerous concept.

Kinsella on Liberty Podcast, Episode 267. I was a guest today on Sal Mayweather's "The Agora" podcast, ep. 48 (Soundcloud version below). From his shownotes: We discussed Craig's copyright application of the Bitcoin White Paper and whether they lend any credence to his claim of being Satoshi Nakamoto. Does a copyright application imply that CSW is actually Satoshi? Stephan also breaks down some of the torts Craig has filed against against various individuals who have said he isn't Satoshi and/or referred to him as a fraud. Can he use the courts to force individuals to recognize him as Satoshi? This is a great opportunity to learn the standard libertarian position on IP, the difference between a copyright and a patent & how it all applies to current crypto-community from the world's leading expert!

Kinsella on Liberty Podcast, Episode 266. This is my appearance in Episode 36 of the Did You Know Crypto Podcast, with host Dustin. We talked "about the possibility of using patents as an attack vector on Bitcoin." As Dustin summarized in his show notes: Stephan and I talk about… What is a Patent? Differences in EU/US & China Why is it so “hallowed” Open Source Software and patents What is a “Patent Troll” Craig Wright’s patents Can Bitcoin developers be sued? https://youtu.be/_c2NxObY-O0 NOTES: Stephan on Twitter Stephan’s website History of Patents Paris Convention Patent cooperation treaty Current (2019) US /China Tarriff dispute KOL234 | Vin Armani Show: Live from London: Kinsella vs. Craig Wright on Intellectual Property KOL267 | Sal the Agorist Interview: Bitcoin, Copyright, Craig Wright Tom Woods w/Stephan Kinsella – Ep 225 “Patents & Liberty” Tom Woods w/Stephan Kinsella – “Libertarianism & Intellectual Property” Article on Nchain Hiring Patent Lawyer

Kinsella on Liberty Podcast, Episode 265. This is my conversation with Jordan Head, who expressed some disagreement or confusion about my Against IP book on a Twitter thread; I offered to discuss with him, as I often do, and he took me up on it and consented to my recording it and posting it. His main hangup was my emphasis on "scarcity" and so he was thinking time was a scarce resource, so it's being "stolen" if others copy your products, etc. I think we made good progress. We briefly discussed a few unrelated issues, like Bitcoin maximalism. Related: KOL085 | The History, Meaning, and Future of Legal Tender, Jul. 25, 2017 And:

Kinsella on Liberty Podcast, Episode 264. I appeared today on the Disenthrall.me Youtube channel, host Patrick Smith, to discuss the trademark issues between Tim Pool and his company media Subverse, and StudioFOW which has a popular crowdsourced porn video game coming out also called Subverse. We touched a bit on bitcoin ownership, patent and copyright, defamation law, and trademark law, and related matters. Related links: Tim Pool talks Subverse, Studio FOW, and Trademarks StudioFOW "Subverse" Has Forced Me To Retain A Lawyer Over My Trademark Of The Same Name Subverse porn game kickstarter How to Improve Patent, Copyright, and Trademark Law Trademark versus Copyright and Patent, or: Is All IP Evil? The Patent, Copyright, Trademark, and Trade Secret Horror Files

Kinsella on Liberty Podcast, Episode 263. This is my short portion of the panel presentation "The Significance of Hans-Hermann Hoppe," from the 2019 Austrian Economics Research Conference (AERC), at the Mises Institute in Auburn, Alabama, on the occasion of Professor Hoppe's 70th birth year. The entire panel presentation, plus my notes, and a link to a longer talk on similar themes, are below. Related: KOL259 | “How To Think About Property”, New Hampshire Liberty Forum 2019   “Hoppe on Property Rights” Panel: The Significance of Hans-Hermann Hoppe Auburn, Alabama • Mises Institute March 23 2019 Stephan Kinsella Kinsella Law Practice, Libertarian Papers, C4SIF.org NOTES Came across Hoppe’s writing in law school, his 1988 Liberty article “The Ultimate Justification of the Private Property Ethic.” Eventually met Hans at a conference in 1994, where I also met David Gordon, Rothbard, Walter Block, Lew, and others Hans’s contributions in a large number of fields have influenced me and many others: argumentation ethics; various aspects of praxeological economics; method and epistemology; a critique of logical positivism; democracy; immigration; and various cultural analyses. Helped change my mind about a large number of particular matters, such as the US Constitution, natural rights, and so on Eventually led to Guido and I editing a Festschrift in 2009 Presented here 10 years ago Including a large number of contributors including all of the panelists here today I delivered a 6 week Mises Academy course in 2011 on “The Social Theory of Hoppe” I’m going to focus on his views on property rights, which has greatly influenced my own ideas A more in depth talk on this last month at New Hampshire Liberty Forum, “How to Think About Property Rights”, on my podcast feed Laid out very plainly and concisely in Chapters 1 and 2 of A Theory of Socialism and Capitalism (1989) Only 18 pages—bears re-reading and careful study “Next to the concept of action, property is the most basic category in the social sciences. As a matter of fact, all other concepts to be introduced in this chapter—aggression, contract, capitalism and socialism—are definable in terms of property: aggression being aggression against property, contract being a nonaggressive relationship between property owners, socialism being an institutionalized policy of aggression against property, and capitalism being an institutionalized policy of the recognition of property and contractualism.” He lays out the “natural” position on property rights, and distinguishes it from property rights, the normative position. Natural position is that each actor owns his body Any scarce resource is owned by the person who first appropriated it, or who acquired it from a previous owner by contract Property “rights” mirroring this natural position are then justified with his argumentation ethics, which has been very influential and also controversial in the libertarian world Echoed in Mises, Socialism: “the sociological and juristic concepts of ownership are different.” Key to this analysis is recognizing the role of scarcity, which is inherent in human action, and which socially gives rise to the possibility of interpersonal conflict and thus the necessity for property norms to make conflict free interaction (cooperation) possible. Hans anchors his analysis in a Misesian praxeological framework, in which actors must employ scarce means or resources to achieve ends. In Mises’s praxeological view of human action, there are two distinct but essential components...

Kinsella on Liberty Podcast, Episode 262. This is a followup to my episode KOL261 | Venture Stories Podcast Debating Austrian Economics, Libertarianism, and Bitcoin with Noah Smith. I recorded some of my impressions after the show was concluded, making observations about how it went, and so on. Listen at your own peril!