[From my Webnote series]
- KOL274 | Nobody Owns Bitcoin (PFS 2019)
- LIBERTARIAN ANSWER MAN: Smart Contracts
- Objectivist Law Prof Mossoff on Copyright; or, the Misuse of Labor, Value, and Creation Metaphors (2008)
- Hume on Intellectual Property and the Problematic “Labor” Metaphor
- The State is not the government; we don’t own property; scarcity doesn’t mean rare; coercion is not aggression
From the Appendix to my post Objectivist Law Prof Mossoff on Copyright; or, the Misuse of Labor, Value, and Creation Metaphors, quoted below. See also “Objectivist Law Prof Mossoff on Copyright; or, the Misuse of Labor, Value, and Creation Metaphors”; “Hume on Intellectual Property and the Problematic “Labor” Metaphor”; “Thoughts on Intellectual Property, Scarcity, Labor-ownership, Metaphors, and Lockean Homesteading“; also Intellectual Freedom and Learning Versus Patent and Copyright, text at note 21.
See also Kinsella, “KOL044 | ‘Correcting some Common Libertarian Misconceptions’ (PFS 2011),” Kinsella on Liberty Podcast (May 2, 2013), at slide 7; idem, “KOL049 | ‘Libertarian Controversies Lecture 5’ (Mises Academy, 2011),” Kinsella on Liberty Podcast (May 4, 2013), at slide 15; idem, “KOL092 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Can You Trade Something You Don’t Own?,” Kinsella on Liberty Podcast (Oct. 30, 2013); idem, “The ‘If you own something, that implies that you can sell it; if you sell something, that implies you must own it first’ Fallacies,” StephanKinsella.com (June 1, 2018).
See also related comments in Stephan Kinsella, “Libertarianism After Fifty Years: What Have We Learned?”, in Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023), in the section “Danger of Unclear Language and Metaphors.”
Update: Fritz Machlup, Economic Semantics 2nd Edition (Transaction 1991), p. 73:
The existence of homonyms in scientific as well as in everyday language raises no problem when the separate meanings of the same word are sufficiently different to make confusion impossible in the context in which the word is used. If we economists, for example, use the word “labor,” no reader or listener will ever think of the painful muscle contractions preceding childbirth, and if we say “capital” he may not know precisely what we mean, but he will rarely confuse it with the seat of government in a state or country.
If the separate meanings of the same word are closely related, overlapping, or otherwise ambiguous so that the context be relied upon to indicate which meaning is intended, the writer or speaker has a moral duty, I would say, to state what he means.
Update: From Julian Baggini, “‘Ludwig Wittgenstein’ Review: An Attack on the Abstract,” Wall Street J. (Nov. 18, 2025), reviewing Anthony Gottlieb, Ludwig Wittgenstein: Philosophy in the Age of Airplanes (Yale, 2025):
In one of his many arresting metaphors, Wittgenstein claimed that the aim of philosophy is “to show the fly the way out of the fly-bottle.” The bottle is the trap philosophers inadvertently create for themselves by abstracting concepts such as “knowledge,” “being” and “object” from their ordinary usage and analyzing them as though each has some kind of independent essence. Wittgenstein demanded that whenever we find ourselves puzzling over the meaning of such terms, we should ask, “is the word ever actually used in this way in the language in which it is at home?” His answer was, usually, no. “Philosophical problems arise when language goes on holiday,” he wrote, and philosophy is full of vacationing abstract nouns.
The philosopher’s task is therefore not to solve philosophical problems but to dissolve them, showing why the questions they pose are illegitimate. Philosophy thus leaves the world as it is—or at least as it was, before philosophers raised a dust and then complained that we cannot see, as Bishop Berkeley put it in 1710.
Appendix: On the danger of metaphors in scientific discourse
The following observations and quotes assembled from previous email and other conversations re same:
See the following, from Mark Thornton’s The “Market” for Academic Research: this is a great quote; I think it would be a useful project to collect various comments on dangers of the use of metaphors into one place:
“For it would be an absurd undertaking to banish from the language of economic theory every manner of speaking that is not literally correct; it would be sheer pedantry to proscribe every figure of speech, particularly since we could not say the hundredth part of what we have to say, if we refused ever to take recourse to a metaphor. One requirement is essential, that economic theory avoid the error of confusing a practical habit, indulged in for the sake of expediency, with scientific truth.”
–Eugen von Böhm-Bawerk, (1881), “Whether legal rights and relationships are economic goods.” In H. Sennholz (Ed.), Shorter classics of Böhm-Bawerk, Volume I. Spring Mills, PA: Libertarian Press, 1962, p. 135. As Mark noted on a list: “Bohm Bawerk took up this issue [of misuse of metaphors] in Shorter Classics. I quote him at the opening of this paper (attached). The whole public choice agenda is based on the use of market metaphors for government institutions.”
NSK:
I’ve long noticed the over- and mis-use of metaphors. For example Paterson or Lane’s use of “energy circuits” …. very scientistic. Similar to the way people talk about the “momentum” of a football game or the “energy” of a crowd or a crystal.
Or in the idea of mixing or owning labor, or owning ideas, or in the idea that prices “convey knowledge”.
Also, as I noted elsewhere: “Mixing labor” is horribly misleading and a sloppy metaphor: if I turn a piece of land into a farm, did I *actually* mix my labor? I mean, is there like an amount of labor “in” the soil? It’s really sloppy and imprecise.
I’ve always liked this observation of Huelsmann’s:
Only in a metaphorical sense could one say that prices reflect or contain information on present conditions. …
… It is asserted that prices communicate abridged relevant information. This, however, is only a metaphorical expression.
It is not prices that coordinate the actions of sellers and buyers of tin; prices are the outcome of (coordinated) action, not its coordinators. It is property, rather than knowledge, that coordinates the separate actions of different people. The terms coordination and communication rather obfuscate than adequately express this fact. This is another example of the dangers linked to the use of metaphors in scientific discourse.
From p. 29 of this article
And Rothbard:
“The term “consumers’ sovereignty” is a typical example of the abuse, in economics, of a term . . . appropriate only to the political realm and is thus an illustration of the dangers of the application of metaphors taken from other disciplines. “Sovereignty” is the quality of ultimate political power; it is the power resting on the use of violence. In a purely free society, each individual is sovereign over his own person and property, and it is therefore this self-sovereignty which obtains on the free market. No one is “sovereign” over anyone else’s actions or exchanges. Since the consumers do not have the power to coerce producers into various occupations and work, the former are not “sovereign” over the latter.”
On Mises:
“Mises rightly criticised treating imaginary things (collectives, analogies, metaphors, etc.) as real and warns us to be very cautious when using fictitious auxiliary constructs to explain things” —Benjamin Marks
Also, from others’ comments about this on an email discussion list:
Roderick Long:
“Ironically, in his memoirs Mises accuses Bohm-Bawerk (in their dispute over Cantillon effects) of being led astray by the idea of “friction” and other metaphors from the physical sciences.”
On a thread, I had written: “Right, and this is the danger of metaphors (BTW I wonder if anyone has examined this issue in any detail–? The dangers overuse of metaphors in scientific discourse?).” Roderick Long replied: “Right, such a study might be called “How Scientific Discourse is Being Savagely Bitten to Death by Rabid Metaphors.” Tom DiLorenzo’s reply:
“A fun paper (Vedran, are you listening?) would be to ridicule the metaphors in macroeconomics with all the talk of “injections,” “Leakages,” shocks,” etc. I would start by comparing it all to the movie Young Frankenstein, where they tried to “shock” the monster to life, just as “infusions” of money or tax dollars supposedly shock the economy out of a recession. Then when shock therapy didn’t work, Gene Wilder pulled out a giant needle and “injected” the monster, just as money is supposedly injected into the economy by the Fed. The possibilities are endless.”
John Brätland:
In this connection, I would put in a strong plug for Peter Lewin’s paper: “Methods and Metaphors in Capital Theory.” (Advances in Austrian Economics, vol. 2B).
I might add that important parts of Mises’ “Ultimate Foundations… ” and “Theory and History” deal with the issue of inapt and misleading metaphors in economic science.
See also The Problem with “Fraud”: Fraud, Threat, and Contract Breach as Types of Aggression, discussing problems resulting from uncareful use of concepts like “fraud” in libertarian reasoning.
Update: See also:
It is not particularly helpful to think of real and intellectual property as structurally unified. The differences matter significantly and resorting to rhetorical metaphors distracts attention from critical issues. As Judge (later Justice) Cardozo cautioned in 1926, “[m]etaphors in law are to be narrowly watched, for starting as devices to liberate thought, they end often by enslaving it.”
–Peter S. Menell, quoted here
For more on Böhm-Bawerk, as quoted in my book Legal Foundations for a Free Society (ch. 24).
Böhm-Bawerk makes a similar point about the necessity of continuing to use some inaccurate terms in economics. As he writes:
[We do aught but recognize that, from the economic viewpoint, such “goods” as family, church, love and the like are merely linguistic disguises for a totality of concretely useful renditions of service. …
No matter how clearly I may have proved that payment-claims and good-will relationships are not genuine goods, no matter how clearly I have therefore proved that, whenever, in practical economic life rights and relationships are bought and sold, it is not, in truth, those intangibles that are meant and are valued and transferred, but that actually it is material goods and renditions of service that are so dealt in; no matter, I say, how clear my proof, I am not going to pretend to believe that economic practice will submit to any slavish accuracy in the matter. It will in the future continue to be the custom, and rightly so, to say that A’s wealth consists in payment-claims, that B sold his good will for $50,000 to C, and that the state, the church and the family are valuable “goods.” Yes, I believe even economic theory will, quite properly, continue talking that same language because it is the language that all the world talks and understands. For it would be an absurd undertaking to banish from the language of economic theory every manner of speaking that is not literally correct; it would be sheer pedantry to proscribe every figure of speech, particularly since we could not say the hundredth part of what we have to say, if we refused ever to take recourse to a metaphor.
One requirement is essential, that economic theory avoid the error of confusing a practical habit, indulged in for the sake of expediency, with scientific truth. 1
He goes on:
I do make the request that economic theory, when it speaks ex cathedra about goods and categories of goods, substitute the two underlying associates, material goods and renditions of service, for the figurative appellations, “intangible rights” and “relationship-goods.” And I make the further request that, whenever it does employ figures of speech in mentioning these things as goods, it remain at least tacitly conscious of the figurative nature of its expressions. To put it briefly, I think that economic theory should always retain the exact truth in its armory and bring it forth at all times when there is any real necessity for doing so. If it does that, it may be permissible to retain the accustomed terminology of an outmoded error, just as we do in other fields. For do we not still speak of the sun “rising” and “setting,” of its “coming up” and “going down”?
- Eugen von Böhm-Bawerk, “Whether Legal Rights and Relationships Are Economic Goods,” George D. Huncke, trans., in Eugen von Böhm-Bawerk, Shorter Classics of Eugen von Böhm-Bawerk (South Holland, Ill.: Libertarian Press, 1962 [1881]), pp. 173–75 (first emphasis added). [↩]




















Drigan· 16 weeks ago
12 replies · active 16 weeks ago
Inquisitor· 16 weeks ago
Stephan Kinsella65p· 16 weeks ago
Hi, thanks for the comment. Let me say a few things in response. First, IP was never my strongest interest. It always was, and remains, other things like rights theory, Austrian economics, epistemology, and various applications of libertarianism. (If you check out my publications you’ll see that IP is only one subset of things I am interested in. https://stephankinsella.com/publications/)
The IP issue nagged at me as one among many little things, but I started to turn my attention to it in the early 90s when I started practicing patent law and thus thought more about it, and gradually saw the increasing importance of developing a solid view on this issue, and because of others increasingly urging me to write about it. Initially I sought a way to justify IP, b/c I thought it must be valid (Rand favored it-but Rand’s argument for it was obviously shaky).
As I have explained, I was by no means the first on the IP issue, see http://blog.mises.org/16319/the-origins-of-libert… . But I wrote a fairly systematic piece, and one more informed by knowledge of the actual law than some preceding ones because I was actually practicing law in that field. A few years later the Internet continued to grow in importance, and the IP issue could no longer be ignored by most people so my and others’ anti-IP ideas spread among libertarians because of the growing importance of this issue. At first I resisted being Mr. IP b/c as I said it’s not my favorite issue–to practice, or to write about. But I kept seeing a need to write and to be hones in the last few years there aer so many growing IP abuses and outrages that I have to comment on them. And to be honest I think the case against IP, once one really looks closely at it, is pretty clear, so it is pretty obvious to most thoughtful and principled (and Austrian-informed) libertarians. And I do think it’s probably now in the top 6 or so worst statist threats to liberty. So it’s not a trivial issue. see http://c4sif.org/2011/06/masnick-on-the-horrible-… . And we are one of the only groups actively opposing IP, from a principled and PRO-private property perspective, and the time is right to do this, so we must.
BTW Hoppe is against IP too. http://c4sif.org/2010/12/hoppe-on-intellectual-pr…. The Hoppe course will touch on IP but only a bit.
So, I hope you see why I write about IP as much as I do.
Drigan· 16 weeks ago
I agree, it is certainly an important issue, and you’ve made a lot of progress towards solving the problem from a libertarian perspective. The problem that I have is that I’m not quite convinced that a complete free-for-all is a just and ideal situation. Certainly people need to find a way to market their own ideas to make money off of them, but it’s too easy to think of circumstances where it benefits big business at the expense of the inventor.
From what I’ve heard, the guy that invented the calculator was from around here, and he paid Texas Instrument to manufacture it for him, but didn’t get IP protection for his ideas. TI snubbed him and became the TI we all know. I’m not quite sure what stops that story from being repeated in a truly libertarian society. I know the guy should have been more cautious with who he trusted and gotten everything in writing, but at some point, you have to trust *someone* to develop your ideas, or ask if they think it would work. My sense of justice tells me that TI did something criminal, but what law did they break in a libertarian society? They haven’t been physically aggressive.
I guess that’s my biggest problem with IP from a libertarian perspective . . . it doesn’t quite seem to satisfy my sense of justice.
Stephan Kinsella65p· 16 weeks ago
Having questions is not an argument. Being uncertain, being confused, is not an argument.
Not clear what you mean by “free for all,” but it seems wanging this phrase out there as you did, is not an argument either.
Drigan· 16 weeks ago
Seriously?!? This is another reason I don’t like reading your stuff; in your comments you make almost no effort to understand what people are trying to say. I realize you’re a lawyer and therefore naturally combative about words, but you need to put that aside if you’re going to engage people and not push them away. I was showing that lack of IP can lead to instances that the average person instinctively feels are unjust. If you can show that this isn’t really the case, then I don’t have any further conscientious objections to your theory. I’m not willing to accept it without further consideration, but I think over the course of a few weeks I could become comfortable that I won’t find any more major objections.
“Free for all” in this instance means that a person can use information no matter how it is obtained.
I guess my big problem is when a company could undermine someone who has a great idea and is requesting their help to develop it. Presumably, there’s an implied contract to not develop the idea without crediting and compensating the inventor. But how do you make that contract explicit? Sign something that says “The stuff (which we don’t yet know what ‘stuff’ means, yet) we’re about to talk about will not be used for the next year without the expressed consent of X.”?? X could then claim that he talked about *anything.* Have a 2 part contract that if they sign the first part, they are obligated to explain the idea in a second part after having heard the idea?
Stephan Kinsella65p· 16 weeks ago
Seriously?!? This is another reason I don’t like reading your stuff; in your comments you make almost no effort to understand what people are trying to say.
I do understand and did make an effort, and I was not impolite or incivil at all.
I am pointing out to you that use of fuzzy words is why your ideas are not making sense. It lead to equivocation and/or sloppy reasoning.
I realize you’re a lawyer and therefore naturally combative about words, but you need to put that aside if you’re going to engage people and not push them away.
I was not combative.
I was showing that lack of IP can lead to instances that the average person instinctively feels are unjust.
I don’t think you were showing it, but it was not a bad effort. The reason people thinks these cases are unjust is a combination of acquiescence in the status quo and susceptibility to statist propaganda, compounded by economic and political illiteracy.
“Free for all” in this instance means that a person can use information no matter how it is obtained.
Of course, socialists deride the free market as a free for all. As a free market proponent, I don’t take “free for all” as a critique, but as a compliment.
I guess my big problem is when a company could undermine someone who has a great idea and is requesting their help to develop it. Presumably, there’s an implied contract to not develop the idea without crediting and compensating the inventor. But how do you make that contract explicit? Sign something that says “The stuff (which we don’t yet know what ‘stuff’ means, yet) we’re about to talk about will not be used for the next year without the expressed consent of X.”?? X could then claim that he talked about *anything.* Have a 2 part contract that if they sign the first part, they are obligated to explain the idea in a second part after having heard the idea?
Reasonable questions but these are the questions an entrepreneur would ask. The fact that you have questions, as I said before, is not an argument for IP.
Gene Callahan· 16 weeks ago
“I am pointing out to you that use of fuzzy words is why your ideas are not making sense. It lead to equivocation and/or sloppy reasoning. ”
It’s only sloppy thinkers like Socrates who sit and puzzle over things. Decisive thinkers like Lenin are always clear on what must be done!
Drigan· 16 weeks ago
I do understand and did make an effort, and I was not impolite or incivil at all.
</quote>True, but your answer was also not at all helpful; it amounted to “you don’t ask good questions so I’m not answering.” I’m not trying to shoot holes in the free market of ideas, I’m trying to convince myself that it’s the best of all possible ways. In physical property, possession and ownership are fairly obvious, and I’m quite comfortable with the free market in this realm. Like it or not, ideas don’t belong to this realm. As much as I’d like to be, I’m not convinced the same rules apply.My dominant tendency is certainly not socialistic, but you may have a valid point about my ideas being colored by mainstream perspectives.I am definitely not pro-IP. You’re right, my questions are not meant to be arguments for IP. My questions are exactly that: questions. I want to hear a satisfying answer from any perspective, but particularly yours because I think it has the greatest chance of providing satisfying answers. (Do you have a better name than “anti-IP” for your perspective? Personally I like “Intellectual Freedom” . . . “I.F.”) I have more objections to other perspectives, but this is the only major one that I have to IF. Of course, I reserve the right to object in the future, but I think this is the greatest hurdle remaining before I could embrace IF.
Drigan· 16 weeks ago
Davy· 13 weeks ago
Eric· 16 weeks ago
Drigan:
The best way to see the damage caused by IP law is to look at industry that does not have IP law or look at an industry that began without IP law and then what happened when IP law was instituted.
The Fashion/clothing industry does not use IP law to “own” a new style or design of clothing. There is a TED video on this which I think best presents the case.
The software industry began without patent protection. It had enourmous progress in its early years, despite (or because of) the lack of patent protection. Once patents were allowed, and the government patent office was in charge, we began to see absurdities such as “one -click” buying.
Today large companies, which can afford the patent process, patent every conceivable idea and use this to deter competition. Open source groups are fighting back by creating their own war chest of patents – to fight off the large companies that patent such trivial ideas as license key tests which inform the user they can buy a license if the software detects that they’ve moved their program to another computer. That one might cost Microsoft half a billion. Once you get into the courts there’s no telling what you will get.
Drigan· 16 weeks ago
Yes, I agree that IP has hurt the IT industry. I really don’t have any defenses of IP; I think it’s *probably* always bad . . . but until I hear an explanation about my remaining objection to intellectual freedom, I can’t embrace it.
Somewhat off topic, but also related to censorship, and very annoying to me:
Since when have we had censorship on this site? I get a -1 on one of my dozens of posts and now my replies to Kinsella need to be approved by an admin? That system needs to change. I’m clearly not just trolling. Maybe if I had -5 on average for my postings.
Sonny Ortega· 16 weeks ago
I have a comment on the Hoppe’s speech at Mises Brasil. Hoppe says that the rules that he specified (self-ownership and aquiring property though homesteading or voluntary exchange) are the only rules we can use to avoid conflicts, while other sets of rules make conflicts permanent.
Now, Hoppe’s rules only effect in avoiding conflicts if everyone follows them. This is something he implicitly admits; he says that if these rules are universally respected, then there cease to be conflicts. Of course, if these rules are not respected by everyone, the conflicts still exist; if I don’t respect someone’s homestead and want to use a good he homesteaded, a conflict emerges that needs to be settled.
But this of course applies to every imaginable consistent set of rules. If they are respected by everyone, conflicts are avoided, if they’re not, conflicts arise. If the rules are, e.g., that every resource will be allocated by decision of a democratic council, or that I own a homesteaded resource for a week and then I have to pass it on to the first person I meet, or that I can’t lift my left hand unless someone orders me to, so that my self-ownership excludes the right to lift my left hand—then, if these rules are universally respected and followed, conflicts cease to exist.
I can see that Hoppe’s set of rules is the most efficient for prosperity, I just don’t agree with the notion that it’s the only set of rules that we can use to avoid conflicts. Although I’m aware that this is purely academical point and has no practical consequences to the theory, I’d like to have the theory put nice and clear. Is this maybe analysed more in depth in one of Hoppe’s books?
1 reply · active 16 weeks ago
Gene Callahan· 16 weeks ago
“But this of course applies to every imaginable consistent set of rules.”
Very good, Sonny. You’ve seen through the verbal mist about private property being “voluntary” and states being “coercive.” All sets of rules are “purely voluntary” to everyone who follows them voluntarily, and they are all coercive to those who don’t.
Veritas· 16 weeks ago
Hoppe is working together with german neo nazis and holocaust-deniers. enough said. those guys arent the ones youre supposed to support.
liberalism and totalitarism just dont fit together. Hoppe does not understand this. he welcomes every party that hates the state. in his logic, the enemies of his enemy must be his friend.
3 replies · active less than 1 minute ago
integral· 16 weeks ago
Rick· 16 weeks ago
Dan· 16 weeks ago