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888 judges cannot copyright their opinions or related judicial work wheaton v peters 1834 no copyright in supreme court opinions the state copyright conundrum what s your state government s rule on copyright who owns the law april 30 2019 david hansen jd 2 comments this post is co authored by dave hansen and leslie street director of the mercer university law library and incoming director of the law library at william mary there are some categories of information that are so critical to a well functioning society that restrictions on access or use should almost never be allowed we could write a long list of those categories but at the top would be the law anyone vaguely familiar with the u s legal system knows that ignorance of the law is no excuse the ancient concept that citizens have the obligation to understand and comply with the law is an almost absolute presumption across the american legal system and wrapped up in that presumption is the implicit expectation that citizens have an opportunity to understand the law and thus necessarily have access to the text of the law itself concepts like democratic rule and due process hinge on the concept continue reading share this share email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x print opens in new window print share on pinterest opens in new window pinterest share on tumblr opens in new window tumblr share on reddit opens in new window reddit 0 comments bionic mosquito intellectual property brouhaha 2013 ip as contract kinsella v wenzel by stephan kinsella on june 16 2026 just came across this old post from bionic mosquito whose name is apparently jonathan goodwin according to danny ajamian 1 i am not really sure about ip and my then upcoming debate with werewolf wenzel bionic is somewhat confused about all this but at least doens t seem to favor ip or pretend he is an expert on it but for example he writes i have never found the debate significantly important to me can one own an idea in its various manifestations while it is to me personally a rather peripheral issue given the other more clear cut governmentally enabled property rights violations we face daily it is an important consideration for some in the libertarian community it may not be important to him but it is far from a marginal or trivial issue it s up there with war taxation the fed and so on it s very damaging and insidious 2 he also wonders if ip could be enforced privately by contract in a stateless society it cannot as i have explained because ip is not a contractual in personam right it is an in rem property right it has nothing to do with contract see ip as contract as mosquito suggests in the comments e g with this statement continue reading daniel ajamian the cost of enlightenment quarterly journal of austrian economics 22 no 2 summer 2019 patent vs copyright which is worse where does ip rank among the worst state laws share this share email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x print opens in new window print share on pinterest opens in new window pinterest share on tumblr opens in new window tumblr share on reddit opens in new window reddit 0 comments gamrot labor as the basis for intellectual property rights against cwik by stephan kinsella on june 11 2026 wojciech gamrot labor as the basis for intellectual property rights against cwik philosophy of management 2026 pdf abstract while the dominant justification for intellectual property rights seems to remain consequentialist various deontological theories are also proposed they often appeal directly or indirectly to intellectual labor as a source of rights or as a circumstance that is relevant to justifying intellectual property on moral grounds recently another such theory has been proposed by bryan cwik gaining substantial recognition it holds that in the absence of intellectual property regulation innovators and artists are at a disadvantage as compared to manual laborers this is because they cannot control how the fruits of their intellectual labor are used patents copyrights and other similar regimes are portrayed as necessary to secure their control over the exercise of their productive capacities in the present paper cwik s theory is evaluated and exposed as indeterminate its metaphysical presuppositions are also criticized when they are replaced by a more coherent ontology a reinterpretation of control relations follows cwik s objective of maximizing individuals control over their own productive capacities is achieved by intellectual property abolition rather than enforcement his theory fails to support intellectual monopoly to be updated later for now see bryan cwik property rights in non rival goods 2 3 4 it s another flawed argument but at least he recognizes that ideas are not scarce in the sense of rivalrous and thus to justify ip one must come up with some way to justify property rights in non rival goods no surprise he elsewhere makes other bad arguments for ip e g labor as the basis for intellectual property rights 2 3 see also good ideas is pretty scarce kol491 trying to persuade paul cwik of the case against ip other ip theories the problem with intellectual property paul cwik bad evolving see is there room for intellectual property rights in austrian economics mises org 3 04 2008 also our recent discussion kol491 tbd as i note in good ideas is pretty scarce yet others are a mite more honest case in point property rights in non rival goods by bryan cwik it s another flawed argument but at least he recognizes that ideas are not scarce in the sense of rivalrous and thus to justify ip one must come up with some way to justify property rights in non rival goods no surprise he elsewhere makes other bad arguments for ip e g labor as the basis for intellectual property rights gamrot labor as the basis for intellectual property rights against cwik interestingly another cwik paul cwik also makes bad arguments in favor of ip unlike the other cwik paul should know better as he is an austrian and libertarian see classical liberals libertarians anarchists and others on intellectual property share this share email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x print opens in new window print share on pinterest opens in new window pinterest share on tumblr opens in new window tumblr share on reddit opens in new window reddit 0 comments fender stratocaster guitar using copyright to attack competitors and users by stephan kinsella on june 11 2026 cross posted at pfs blog congrats pro ip libertarians this is the kind of fascist bullshit you support https t co om2wrqibri stephan kinsella nskinsella june 11 2026 continue reading share this share email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x print opens in new window print share on pinterest opens in new window pinterest share on tumblr opens in new window tumblr share on reddit opens in new window reddit 0 comments the loophole drug makers use to keep prices high by stephan kinsella on may 26 2026 related all by kinsella patents pharma government the unholy alliance brownstone institute april 1 2024 the overwhelming empirical case against patent and copyright tabarrok and murphy why are us drug prices so high intellectual property rights as negative servitudes intellectual property advocates hate competition are patents and copyrights monopolies ip rights as monopolistic grants to overcome the public goods problem decouple trade and ip protection brownstone institute dec 4 2024 the china stealing ip myth free trade pacts export u s copyright controls patents and pharmaceuticals fda and patent reform a modest proposal may 5 2023 are patents needed to make up for fda kneecapping july 2 2011 kol469 haman nature hn 149 tabarrok on patents price controls and drug reimportation optimal patent and copyright term length tabarrok patent policy on the back of a napkin classical liberals libertarians anarchists and others on intellectual property pharmaceutical shills and think tank corruption sally pipes s the world s medicine chest how america achieved pharmaceutical supremacy and how to keep it hello you ve been referred here because you re wrong about intellectual property ip can t be socialistic since the soviet union didn t recognize ip law see lawrence wilson and sylvia xu t he loophole drug makers use to keep prices high how pharmaceutical companies use the patent system to delay generic drugs from coming to market epoch times in depth premium reports may 24 2026 decent article of course it hypocritically whines about patent law abuse while using the equally evil 1 copyright law and paywalls to block people from reading this information so i post only a snippet and a grok summary below 2 the article is wrong to refer to this as a loophole this is just sleazy clickbait since the word does not even appear in the article using patent law as it is written is not a loophole nor is it abuse the thing the thing the thing itself is the abuse h t burke no this is just the normal response of market actors to a patent system if you give free food to people you on da the welfare as eddie murphy would say they will take it like hogs to a trough if you give market actors the ability to use state force to hobble competitors by acquiring patents they ll do it welfare recipient are not the problem patent applicants are not the the problem the problem is the state stealing from taxpayers and granting patents and the confused citizens and intellectuals who support this robbery yes dorothy patents are theft 3 i would say h t proudhon but but while he said property is theft 4 it is not clear that he opposed ip any more than other stupid socialists oppose ip 5 so the subtitle is correct how pharmaceutical companies use the patent system to delay generic drugs from coming to market why wouldn t they what do you expect it s not a loophole soylent green is people continue reading patent vs copyright which is worse we are all copyright criminals john tehranian s infringement nation intellectual property rights as negative servitudes classical liberals libertarians anarchists and others on intellectual property hello you ve been referred here because you re wrong about intellectual property ip can t be socialistic since the soviet union didn t recognize ip law share this share email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x print opens in new window print share on pinterest opens in new window pinterest share on tumblr opens in new window tumblr share on reddit opens in new window reddit 1 comment the purpose of law justice and property rights vs ip rights and optimizing innovation by stephan kinsella on may 22 2026 from my webnote series related the overwhelming empirical case against patent and copyright legal scholars thumbs down on patent and copyright intellectual property s great fallacy mark lemley the very basis of our patent system is a myth ip law and market failure richard epstein s takings political theory versus epstein s intellectual property views richard epstein s takings theory of the state email to richard epstein tension between takings framework and ip views intellectual property advocates hate competition the universal principles of liberty the fundamental principles of justice on property rights in superabundant bananas and property rights as normative support for possession libertarian and lockean creationism creation as a source of wealth not property rights hayek s fund of experience the distinction between scarce means and knowledge as guides to action the problem with intellectual property from various posts at c4sif org and stephankinsella com the problem with intellectual property i tire of people repeating over and over again that we need ip because without it there would be no innovation etc i have pointed out to them over and over that not only is this false 1 but that it misconceives the purpose of law itself it imagines that there are market failures and imperfections 2 such as holdout problems and free riders 3 and too much competition 4 and that the state is therefore justified in intervening in engaging in what are in effect takings in attempt to grow the size of the pie of course this never works because a there are no market failures b even if there are they are dwarfed by political failure i e the solution is worse than the problem but it also assumes that if the state could intervene and make things better in some vague sense that this is justified but this misconceives the purpose of law it is is to do justice by recognizing identifying defining respecting and protecting property rights 5 ip law violates property rights 6 it is the opposite of justice it is a perversion of law and justice continue reading the overwhelming empirical case against patent and copyright legal scholars thumbs down on patent and copyright intellectual property s great fallacy mark lemley the very basis of our patent system is a myth ip law and market failure richard epstein s takings political theory versus epstein s intellectual property views richard epstein s takings theory of the state email to richard epstein tension between takings framework and ip views intellectual property advocates hate competition as justinian himself said justice is the constant and perpetual wish to render every one his due the maxims of law are these to live honestly to hurt no one to give every one his due thomas ed 1975 book 1 title 1 see also the universal principles of liberty the fundamental principles of justice the fundamental principles of justice intellectual property rights as negative servitudes share this share email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x print opens in new window print share on pinterest opens in new window pinterest share on tumblr opens in new window tumblr share on reddit opens in new window reddit 0 comments lisa ramsey trademarks and free speech by stephan kinsella on may 17 2026 related kinsella defamation as a type of intellectual property in a life in liberty liber amicorum in honor of hans hermann hoppe edited by jörg guido hülsmann stephan kinsella houston texas papinian press 2024 the patent copyright trademark and trade secret horror files defamation as a type of intellectual property in a life in liberty liber amicorum in honor of hans hermann hoppe edited by jörg guido hülsmann stephan kinsella houston texas papinian press 2024 kol485 the brownstone show with jeffrey tucker defamation and intellectual property the velvet elvis and other trademark absurdities taylor swift files trad...
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