106 – Why Intellectual Property Sucks, with Stephan Kinsella

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Is intellectual property law the foundation of an innovative society? Or a racket set up to protect entrenched businesses from competition? Stephan Kinsella joins the show this week to break down intellectual property law.

Stephan is a practicing patent attorney, a libertarian writer and speaker, Director of the Center for the Study of Innovative Freedom (C4SIF), and Founding and Executive Editor of Libertarian Papers.

He is one of the clearest and most compelling thinkers on intellectual property law.

We cover the historical context of IP law, the modern day consequences of copyright and patent monopolies, the flaws in common arguments for intellectual property laws, and more.

Covered in this episode:

  • How did Stephan become interested in intellectual property?
  • His intellectual evolution on the topic of intellectual property
  • What are copyright, patent, trademarks, and trade secrets?
  • Where did the concept of intellectual property come from?
  • Which IP laws are the most harmful?
  • Fraud vs. Trademarks
  • Libertarian perspectives on IP
  • John Locke’s  errors on property that affect us today
  • Why Innovation is stronger without IP (fashion, food, football)
  • Problems with trade secret law
  • Copyright law that existed under common law
  • Why IP is wrong from a deontological and consequentialist point of view
  • How would J.K. Rowling make a living without IP?
  • How to be principled about IP as an entrepreneur while not harming your company

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