StephanKinsella.com

This is my appearance on the Katherine Albrecht radio show, discussing net neutrality (Dec. 22, 2010). For more information, see my post Against Net Neutrality. Here is the link to the show page for this episode.

• Introduction and Context (0:00-1:46): Kinsella introduces himself as a Rothbardian anarcho-capitalist, expresses disdain for the state, and highlights Texas’ potential for secession. He sets up his talk on learning and IP at a university.
• Human Action and Learning (1:47-7:04): Explains Mises’ praxeology, emphasizing how knowledge guides human action by informing choices of ends and means, using the example of baking a chocolate cake.
• Scarcity and the Free Market (7:05-15:02): Discusses how the free market uses private property to allocate scarce resources, fostering cooperation, competition, and emulation, which rely on free knowledge exchange.
• Critique of Creation Argument (15:03-21:26): Rejects the notion that creation grants ownership, arguing that creation transforms owned resources, not ideas, and compares IP to welfare rights as redistributive.
• History of Patents and Copyrights (21:27-26:49): Traces IP’s origins to monopolistic privileges and censorship, citing the Statute of Monopolies (1623) and Statute of Anne (1710) as state-driven controls.
• Practical Examples and Modern Relevance (26:50-29:26): Uses a Teflon-coated mousetrap to show how patents restrict property rights and references Zuckerberg’s defense in The Social Network to argue that copying ideas is not theft.
• Call to Action (29:27-29:49): Urges young libertarians to reject IP laws, embrace intellectual freedom, and promote learning and emulation for a free market.

• 0:00-5:00 (Introduction and Human Action Basics)
  Description: Kinsella introduces himself as a Rothbardian anarcho-capitalist, criticizes the state, and praises Texas’ secession potential (0:00-0:44). He shifts to the importance of learning, asking the audience about their familiarity with Mises’ Human Action (0:45-1:46). He outlines Mises’ praxeology, explaining human action as the purposeful use of scarce means to achieve ends, using the example of baking a chocolate cake to show how knowledge informs choices (1:47-4:18).
  Summary: Kinsella sets a libertarian tone, establishes his anti-state stance, and introduces praxeology to frame how knowledge guides human action, laying the groundwork for his IP critique.
• 5:01-10:00 (Role of Knowledge and Scarcity)
  Description: Kinsella elaborates on knowledge’s role in expanding choices of ends and means, using the cake example to show how learning about new options (e.g., coconut cake) enhances action (5:01-6:43). He discusses scarcity as a fundamental challenge, explaining that property rights allocate scarce resources like a spoon to avoid conflict (6:44-9:15). He contrasts this with the non-scarce nature of knowledge, which should be freely shared (9:16-10:00).
  Summary: This block emphasizes knowledge as a guide for action, not a scarce resource, and introduces property rights as essential for managing scarcity, setting up the tension with IP laws.
• 10:01-15:00 (Free Market and Competition)
  Description: Kinsella explains how property rights enable a free market to fight scarcity through cooperation and competition (10:01-12:49). He cites Jeff Tucker’s definition of competition as “striving for excellence in the service of others,” driven by emulation, like copying a slushy stand to attract customers (12:50-14:43). He argues that IP restricts this process by limiting knowledge sharing (14:44-15:00).
  Summary: The free market’s success in overcoming scarcity relies on property rights and emulation, which IP laws hinder by restricting the free flow of ideas, a key critique Kinsella develops further.
• 15:01-20:00 (Creation Argument Critique)
  Description: Kinsella challenges the “creation argument” for IP, which claims creators own their creations (15:01-17:19). He argues that creation transforms already-owned resources, not ideas, using a marble statue example where a trespasser’s carving doesn’t grant ownership (17:20-19:32). He compares IP to welfare rights, both redistributing property from original owners (19:33-20:00).
  Summary: This block debunks the idea that creation justifies IP, showing it as a redistribution of property rights, not a natural extension of property principles, strengthening Kinsella’s libertarian critique.
• 20:01-25:00 (IP as Redistribution and Historical Context)
  Description: Kinsella labels IP as a state-enforced redistribution of property rights, granting monopolies that limit owners’ use of their resources (20:01-21:26). He traces patents to the Statute of Monopolies (1623) and copyrights to the Statute of Anne (1710), rooted in monopoly privileges and censorship (21:27-25:00). He cites a free-market economist admitting patents slow idea diffusion, highlighting their anti-market nature.
  Summary: IP’s historical roots in statism and its role in artificially restricting non-scarce ideas are exposed, reinforcing Kinsella’s argument that IP contradicts free-market principles.
• 25:01-29:49 (Examples, Modern Relevance, and Conclusion)
  Description: Kinsella uses a Teflon-coated mousetrap to illustrate how patents prevent individuals from using their own property (25:01-27:56). He references The Social Network, where Zuckerberg defends against accusations of stealing ideas, arguing that copying is not theft (27:57-29:26). He concludes by urging young libertarians to reject IP, embrace intellectual freedom, and promote learning (29:27-29:49).
  Summary: Practical examples and modern references underscore IP’s harm to property rights, culminating in a call to action for libertarians to champion a free market unburdened by IP restrictions.