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IP Resources at Mises.org

Old post that I intend to update soon. See also our IP-policy wiki.

Intellectual Property at Mises.org

March 29, 2004 10:53 AM by Stephan Kinsella | Other posts by Stephan Kinsella | Comments (9)

In response to requests from readers, listed below are links to several IP-related articles, most available on Mises.org:

Property/Rights-based Arguments

Utilitarian Considerations

Mises Daily

Further reading

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Sean Gabb’s Birthday Greetings to Professor Hoppe

Here:

Professor Hoppe was sixty on the 29th July. At a private celebration of this occasion in America, he was presented with a Festschrift – that is, a book of essays by those he has influenced. One of these essays is by me, and I republish it here. The whole book can be found here.

On behalf of the Libertarian Alliance, I wish Professor Hoppe a happy birthday, and many more years of happiness and of creative activity.

Here Gabb writes:

Hans-Hermann Hoppe

Professor Hoppe is one of the great men of our movement. He stands in the apostolic succession of vin Mises and Rothbard, and is a person of forbidding achievements. This year, he is 60. In celebration of this fact, his admirers have brought out a Festschrift. I am one of the contributors. You can find my own contribution here. You can find the whole work here.

Love to all –

Sean Gabb
Director, The Libertarian Alliance
[email protected]
Tel: 07956 472 199

http://www.libertarian.co.uk
http://www.seangabb.co.uk
http://www.hampdenpress.co.uk
http://libertarianalliance.wordpress.com

FREE download of my book – Cultural Revolution, Culture War: How Conservatives Lost England, and How to Get It Back
Wikipedia Entry

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Great post by Jeff Tucker, Profiting from Sickness, which states in part:

A student at the Mises University, who is surrounded by some of the smartest young lefty students in the country, told me last week that there is no question in his mind that the injustices done in the name of “intellectual property” are not only driving young people away from the idea of property rights in general but are actually inspiring a re-embrace of socialism.

This is why the intellectual stakes are so high. It is urgent that believers in real capitalism separate themselves completely from this false notion of “intellectual property” so that it not permanently discredit the cause of property property, free markets, and capitalism generally. To save the idea of private property, it must be completely severed from impostor forms.

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Libertarian Papers, Vol. 1 (2009), Art. No. 34: “Feser on Rothbard as a Philosopher,” by Gerard Casey

Abstract: In “Rothbard as a philosopher” (Feser 2006) Edward Feser harshly criticises the philosophical abilities of Murray Rothbard. According to Feser, Rothbard seems unable to produce arguments that don’t commit obvious fallacies or produces arguments that fail to address certain obvious objections. His criticism centres on what he regards as Rothbard’s principal argument for the thesis of self-ownership. In this paper, I attempt to show that Feser’s criticism fails of it purpose and that Rothbard is very far from being the epitome of philosophical ineptitude that Feser takes him to be.

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As reported by Roderick Long:

The Molinari Society will be holding its sixth annual Symposium in conjunction with the Eastern Division of the American Philosophical Association in New York City, December 27-30, 2009. Here’s the latest schedule info:

GVIII-5. Tuesday, 29 December 2009, 11:15 a.m.–1:15 p.m.
Molinari Society Symposium: “Intellectual Property: Is it Legitimate?”
New York Marriott Marquis, 1535 Broadway, Room TBA
New York Marriott Marquischair: TBA

presenters:
Bob Schaefer (independent scholar): “Response to Kinsella: A Praxeological Look at Intellectual Property Rights”
G. Nazan Bedirhano?lu (SUNY Binghamton): “History of the Reification of the Intellect”

commentators:
Charles Johnson (Molinari Institute)
Roderick T. Long (Auburn University)
Jennifer McKitrick (University of Nebraska-Lincoln)

***

Interesting–I wonder if that the same Robert Schaeffer, skeptic, UFO-debunker, Randian (?), and author of Resentment Against Achievement? We shall have to await Roderick’s report!

[AgainstMonopoly cross-post]

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Was Mises an Anarchist?

As I wrote here, in response to another commentator who had said: “Ludwig von Mises himself was not an anarchist and went so far as to outright denounce anarchism as ‘altogether untenable'”:

Mises was wrong. However, his views on this matter were so close to anarchy to be almost indistinguishable. See Rothbard:

How far would Mises push the principle of secession, of self-determination? Down to a single village, he states; but would he press beyond even that? He calls the right of self-determination not of nations, “but rather the right of self-determination of the inhabitants of every territory large enough to form an independent administrative unit.” But how about self-determination for the ultimate unit, for each individual? Allowing each individual to remain where he lives and yet secede from the State is tantamount to anarchism, and yet Mises comes very close to anarchism, blocked only by practical technical considerations:

If it were in any way possible to grant this right of self-determination to every individual person, it would have to be done. This is impracticable only because of compelling technical considerations, which make it necessary that the right of self-determination be restricted to the will of the majority of the inhabitants of areas large enough to count as territorial units in the administration of the country.

That Mises, at least in theory, believed in the right of individual secession and therefore came close to anarchism can also be seen in his description of liberalism, that “it forces no one against his will into the structure of the State.”

And Mises did believe in a vigorous right to secede, Liberalism pp. 109-10:

The right of self-determination in regard to the question of membership in a state thus means: whenever the inhabitants of a particular territory, whether it be a single village, a whole district, or a series of adjacent districts, make it known, by a freely conducted plebiscite, that they no longer wish to remain united to the state to which they belong at the time, but wish either to form an independent state or to attach themselves to some other state, their wishes are to be respected and complied with. This is the only feasible and effective way of preventing revolutions and civil and international wars. … However, the right of self-determination of which we speak is not the right of self-determination of nations, but rather the right of self-determination of the inhabitants of every territory large enough to form an independent administrative unit. If it were in any way possible to grant this right of self-determination to every individual person, it would have to be done.

See also Ludwig von Mises and the Justification of the Liberal Order, by William Baumgarth (“Mises, then, opened himself up to the claims of the individualist anarchists, who believe such a radical self-determination not only feasible but, on Mises’ own grounds, the ultimate source of social peace.”).

Update: Vijay Boyapati has persuaded me that this is a bit TTH (trying too hard). Mises was not an anarchist.

Still.

Update: Maybe I was wrong. He is pretty darn close to anarchism.

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“Keep your government hands off my Medicare”

I find the Bill Maher, fake libertarian, to be loathsome. But sometime he makes a good point, as here, where he mocks a health-care reform protestor at “a recent town-hall meeting in South Carolina [who] stood up and told his Congressman to ‘keep your government hands off my Medicare,’ which is kind of like driving cross country to protest highways.”

[LRC crosspost]

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Gordon on Cohen, R.I.P.

David Gordon has a nice tribute to recently-deceased philosopher G.A. Cohen. Writes Gordon: Although he was a Marxist, he took libertarian ideas with great seriousness; and his efforts to come to grips with the self-ownership principle merit careful study. I rate him one of the best philosophers of the past fifty years. He was extraordinarily sharp in argument but, at least judged by the few times I was in touch with him, warm and generous. He was also extremely funny. I will miss Jerry Cohen.”

Others are not so charitable.

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Say No To Tax Reform

[Update: Tyler Cowen on the VAT]

“Tax Reform” is UNlibertarian

Calls for tax reform of a distraction (no offense, my naive, youthful advocacy of a national sales tax). For good material on this see: Rockwell, The Tax Reform Racket; Rockwell, Diversions; Rothbard, The Consumption Tax: A Critique and The Myth of Neutral Taxation; and The Fair Tax Fraud and Flat Tax Folly by Laurence Vance. In Power and Market (ch. 4, Binary Intervention: Taxation), Rothbard lays out a taxonomy of the methods utilized by the state to confiscate private property and how each tax uniquely distorts the free market. And as Rockwell writes in The Tax Reform Racket:

“Is there a need to reform taxes? Most certainly. Always and everywhere. You can always make a strong case against all forms of taxation and all tax codes and all mechanisms by which a privileged elite attempts to extract wealth from the population. And this is always the first step in any tax reform: get the public seething about the tax code, and do it by way of preparation for step two, which is the proposed replacement system.

Of course, this is the stage at which you need to hold onto your wallet.

Bait and Switch

Hardly a day goes by when I don’t receive an email from someone who has a grand plan to reform the tax code, replacing the current system completely, with something else. That something is usually the Value Added Tax or the National Sales Tax. The people promoting this plan long for a world in which they are permitted to keep all the money they make and only the purchasers of goods and services pay.

Now, there are many grave problems with the VAT or the NST, not the least of which is that it would have to be more than 20% or perhaps as much as 40% in order to raise “enough” revenue. Then there are the problems of enforcement. The US would instantly become host to the world’s largest underground economy, which in turn would give a rationale to the central state to invade our businesses, homes, and bank accounts like never before. It would be essentially unenforceable and lead to even more a war of the government against all, complete with more spies, agents, and entrapments of all sorts.

But there is another danger to promoting a VAT or a NST. It might actually convince someone in Washington to give it a try. And instead of replacing the whole tax code, the politicians might try to introduce the new one at the seemingly low rate of 1 percent or 3 percent. If they ever get away with this, look out. It will inch up year by year as the political class discovers yet another way to loot us.

This points to a general danger of the idea of a replacement tax. I hear of these plans all the time. People say, let’s get rid of the tax I don’t like and replace it with one I do not pay. So people will propose getting rid of the capital gains tax and instead increase taxes on inheritance. Or they say, let’s get rid of inheritance taxes and put a higher tax on Americans working abroad. You can think of many of your own variations on this. The danger here is not in advocating the repeal of one tax. That is something we should all favor. The danger comes from advocating a new tax to take its place. If you know the way politics works, you know that the new tax will be enacted and the old one not repealed.

Never Trust a Thief

For my part, I’m a champion of loopholes, as was Ludwig von Mises. He was attending a conference in the 1950s, at which economists were all denouncing loopholes and he rose to their defense. “Let us be grateful for the fact that there are still such things as those the honorable gentleman calls loopholes,” he said. “Thanks to these loopholes this country is still a free country and its workers are not yet reduced to the status and the distress of their Russian colleagues.”

A loophole is nothing more or less than a chance to keep your own money. It is not a subsidy. It is not tax spending. It is not corporate welfare. It is not a special privilege. It is just a window of freedom. Loopholes should be expanded as much as possible. There should be ever more of them. A completely loopholed economy, where there were maximum opportunities for not paying tax, would finally arrive at the idea of freedom.

Thus do I suggest we never bite when someone dangles on a hook the idea of closing loopholes. And this raises the question of precisely what we should support.

The Lower Tax

The only tax plan anyone should trust is the most simple possible: the one that proposes to lower existing taxes. I really must say this again because it is the most important single point you can remember when evaluating whether to support a tax reform or not: the only trustworthy plan is that one that proposes a lowering or elimination of an existing tax, period. That is the bare minimum. An ideal reform would also propose equivalent spending cuts. In fact, in the most strict sense, there can be no tax cut without spending cuts since we must all pay, one way or another, for the burden of government as measured by spending. But we must leave that aside for now.


The Red Flag of Reform

What is the end result of tax reform? Well, we have had reformed taxes frequently in the last century, and you need only look at the rise in federal revenue to see where this has gotten us: ever more of our earnings going to Washington, ever fewer choices on how we use what remains.

Let me close with a proposal that we abolish the income tax. It took in $873 billion last year. If we cut the budget by that amount, we would end with a completely gutted federal budget, right? Actually, that is not true. We would end up with a federal budget of about $1.5 trillion, where it was in the last year of Clinton’s second term. If anyone thinks that the federal government was too small back then, I can only recommend a complete education in economics, politics, and the truth about human freedom.

Thus do I end this talk with a call, not for reform, but for an end to the income tax. It should be replaced with nothing at all. In any case, that would be a good first step.”

Update: See also Rothbard, “Big-Government Libertarians,” Rothbard-Rockwell Report (Nov. 1994):

Opposition to taxes in fact, is being weakened across the board. Cato has recently come out in favor of the well-financed campaign to eliminate the “personal income tax” and to replace the revenue completely by a national sales tax. The Old Right, or older paleo call that I remember fondly from the days of my youth, was to repeal the Sixteenth Amendment and to abolish the income tax, period. The current variant is a very different proposition. In the first place, it falls for the slogan first foisted on the conservative movement by the supply-siders and then adopted, left and right, by virtually all economists and alleged statesmen: that whatever happens, and whatever changes are made in the tax laws, that the changes must be “revenue neutral,” that is, that total federal revenue must never fall.

It is never explained how this axiom got smuggled into alleged conservative or free-market doctrine, or why in Heaven’s name total tax revenues must never be allowed to fall. Why in blazes not? To the common answer that we have to worry about the federal deficit, the proper reply, which no one seems to make any more, is to cut government spending by huge amounts; and that means, of course, the old-fashioned definition of “budget cut” as an actual cut in the budget, and not its current meaning of a cut in its “rate of growth” or a cut from some presidential or congressional projection, based on inevitably shaky assumptions, of future growth in spending. As pointed out recently in the Mises Institute’s Free Market newsletter there are several grave flaws in the idea of replacing the personal income tax by a national sales tax.

In the first place, contrary to the alleged “realism” or “pragmatism” of this proposal, it will not, in practice, result in repeal of the income tax, but rather in adding on of the sales tax to the current rotten tax structure. Secondly, if the “personal” income tax were eliminated, the corporate income tax would remain. In that way, the hated IRS Gestapo would remain intact, examining records and poking into lives. Moreover, a 30-percent sales tax would also require heavy enforcement tactics, so that a new division of the IRS would soon be poring over the records of every retailer in the country. It seems to me that to foresee these consequences does not take a Ph.D. or extensive theoretical acumen, which leads one to question the bona fides of outfits advocating this program.

Update: See Lowering Taxes Without Spending Cuts

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The Problem with “Coercion”

[From my Webnote series]

Related:

“Libertarianism After Fifty Years: What Have We Learned?”, in Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023):

Here’s another one. It’s the use of the word aggression in sloppy ways. Some libertarians, or some of our opponents, will use it just to mean force. So they’ll say, “Well even you guys aren’t against aggression. You believe in force to defend yourself.”

Well, aggression is the initiation of force. And then you see other sloppy terminology, like I’m against “the initiation of aggression.” Well, that’s saying I’m against the initiation of the initiation of force. It’s just not clear terminology.

Another one, it’s just a little issue, is the word “coercion.” Coercion technically means the use of the threat of force to compel someone to do something. Now just like force or violence, which is sometimes justified if it’s used defensively, coercion can be justified sometimes too. If I coerce a guy trying to rob me, there’s nothing wrong with that. So we should quit using the word coercion as a synonym for aggression.[32] And we should never refer to defensive force as aggression.

[32] See Kinsella, “The Problem with ‘Coercion,’” StephanKinsella.com (Aug. 7, 2009); also “Legislation and the Discovery of Law in a Free Society” (ch. 13), n.2.

“Coercion” is annoying, but coercion is neutral

Posted by Stephan Kinsella on July 6, 2006 02:43 PM

I must confess that one of my nits is the use by libertarians of the word “coercion” to mean “aggression.” I suspect this is a habit inherited from Ayn Rand’s repeated misuse of the term. Let’s get it straight: we libertarians oppose aggression, i.e. the so-called “initiation of force”, not force itself. To coerce is just to use force to make someone do something, to compel them. Coercion is just a type of use of force. Libertarianism is no more against coercion or force than it is against guns, which may be used for good, or evil.

Against “Coercion”

Posted by Daniel McCarthy at July 7, 2006 12:17 AM
For once I have to disagree with Stephan Kinsella, who is right to point out that there can be legitimate, non-aggressive forms of coercion but who is wrong, I think, to suggest that the word is neutral. For the most part, it does (and has since long before Ayn Rand) imply something more than force applied in self-defense. The first definition given by Merriam-Webster’s on-line (for “coercing”) is “to restrain or dominate by force.” There are many times when libertarians would agree that restraint by force is necessary, but “dominate” is probably not a concept we would want connoted in the process.

The idea that coercion has something to do with state power goes back as far as the Latin forebear of the word — “coercitio” is the Roman term of art for “the infliction of summary punishment by a magistrate or other person in order to secure obedience to his will; also the right of doing so” (as per the Oxford Latin Dictionary). The fasces carried by the magistrates known as lictors were the symbol of the the state’s coercitio, which is more than just police power — it means the fundamental power of the state to enforce its will upon its citizens. The English word doesn’t have quite that meaning, of course, but does still bear the marks of its ancestry. I think we’re right to oppose it.

More on “Coercion”

Posted by Stephan Kinsella on July 7, 2006 12:07 PM

Dan, fair points. I can see the argument that the term coercion is not completely neutral and has largely negative connotations; and that maybe we generally should “oppose” it since it is generally unjust.

But my point is mainly that I think it is misused as a synonym for aggression. Coercion, as I see it, is a set that intersects with aggression. That is, while some coercion is aggression, not all coercive acts are aggressive (e.g., threatening to harm an aggressor unless he returns to his jail cell); and not all acts of aggression employ coercion (if you simply murder someone, you have not used the threat of force to get them to do anything–it’s not coercion, it’s just aggression).

Therefore, I think the use of coercion is yet another in a long string of libertarian imprecision and lack of rigor in defining terms. It’s symptomatic of the tendency to over-rely on the use of metaphors and liberal-arts type language.

Update: Roderick Long also distinguishes between legitimate and aggressive coercion in his article Punishment vs. Restitution: A Formulation.

See also my post .

Update: Another thing that irks me is when people initial-cap the word Libertarian, when referring to the political philosophy. I capitalize it only when referring to a member of the Libertarian Party (which I am not). But for my political philosophy, I call it small-l libertarian; I don’t capitalize it just as people don’t capitalist anarchist.

Update: See On Conflictability and Conflictable Resources:

“libertarianism” is preferable to “voluntaryism,” since coerced action is “voluntary” but can still be unjust and aggression. If you hand over your wallet to an armed robber, your action is voluntary, but you didn’t meaningfully consent to it. So the crucial criterion is whether a given action is consensual, not whether it’s “voluntary.” So “consensualist” could be another good term for the freedom philosophy, but cooperatism is good too and libertarianism is fine for now.

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Quote of the Day [rent control]

“Suppose that you want to destroy a city. Should you bomb it, or would it be sufficient just to impose rent control?”

–Art Carden, The Unintended Consequences of Rent Control

No offense, economic illiterates out there who should be denied the right to vote.

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WE WILL BURY YOU!

khrushchev_shoe1My tongue-in-cheek reply to a mutualist on Roderick Long’s blog, who had written “I’ve read lots of Mises Institute articles since our last meeting, and apparently the ‘dark satanic mills’ were actually cool, the misery of industrial England was due to population explosion not capitalism ….”. My comment:

Stephan Kinsella on August 6, 2009 at 8:52 pm

I can picture a future world with little mutualist enclaves that anarcho-capitalists visit from time to time on vacation as tourist attractions, sort of like how I used to drive visitors, when I lived in Philly, out to Lancaster to see the Amish. But I would love to see the competition. I can picture a capitalist on a podium debating a mutualist, shouting at the top of his lungs, while banging his shoe on the table, “WE WILL BURY YOU!! WE WILL BURY YOU!!,” as a murmer of dismay ripples across the libertarian hemp-shirt wearing organic pot farmers in the audience.

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