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Source link: http://archive.mises.org/1771/intellectual-property-at-mises-org/

Intellectual Property at Mises.org

March 29, 2004 by

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


Kevin Carson March 29, 2004 at 2:00 pm

Thanks for bringing all this material together in one place. I’ll be linking to some of the articles on the “Recommended Reading” section of my site.

Alastair Jardine March 29, 2004 at 3:13 pm

What a coincidence! I’ve an essay on Patents and Copyrights due in two weeks. Thanks.

Capitalism also has a section on intellectual property.

Dan Mahoney March 30, 2004 at 7:12 am

Stephan, can I infer from these articles that
someone has the right to link his website to,
say, the LRC blog?


Dan Simonson March 30, 2004 at 2:17 pm

Im having difficulty understanding how one can believe that intellectual property is not something that can be owned, and at the same time believe that plagiarism is immoral.

Can anyone help me with the moral difference between the two?

Duodecimal March 30, 2004 at 5:01 pm

The difference between not recognizing expression as property and plagiarism is that a plagiarist misrepresents himself to consumers, constituting a fraud.

The plagiarist does not harm the original creator of a work (since he had no right to income or value), so someone who is plagiarized has as much recourse to compensation as someone whose reputation is slandered or whose stock is brought down by FUD: none.

However, someone who consumes intellectual resources on the condition that the person selling it is the actual creator of that resourse is defrauded when that is not the case.

So, in short, not recognizing copyrights is a matter of natural rights superceding monopoly rights, while plagiarism is a matter of defrauding a consumer. Copyright ‘violators’ seldom misrepresent the work as their own; in fact, they would be better able to distribute by making sure the real producer is known to the consumer (i.e., no one is interested in “Man, the Economy, and State” by Anthony Bongiovanni; but the same book will sell well under its correct author).

Artisan June 7, 2006 at 4:47 pm

I guess you’ll have to find the answer for yourself, by reading the opinion of copyright defendants on this site too (that is not so easy though as they are … scarce). The rational is important not the quantity of voices on one or the other side though.

Rothbard was in favour of copyright.

I consider copyright to be genuine too, yet I’m rather dubious about patent justification for certain reasons…

It’s a long story.

Paul Edwards June 7, 2006 at 6:32 pm


“Does being an advocate of Intellectual Property diqualify (curtly) one as an Austrian?”

Nope. Not even Austrians are perfect. (That’s humor).

But, no it doesn’t disqualify you. As Artisan mentioned, Rothbard advocated copyright, and he was and is one of the most prominent Austrians ever, and so I’m sure many or at lease some other prominent Austrians advocate it as well, although it just occurred to me that, aside from George Reisman (I think), I do not know which ones that would be.

I think Kinsella is the most outspoken of the Austrians against IP, and I think he takes first place for notoriety outside of the Mises blogs for doing so. You’ll see a lot of discussion on the topic on this site, on threads usually started by him.

Steve July 16, 2006 at 8:27 am

Gee, I wonder if Isaac Newton should’ve applied for a patent/copyright (there’s a difference?) on his “Laws of Motion” and his “Law of Gravity”. How dare all those scientists out there use HIS Laws for their own work? Methinks the Newton estate will be owed billions after an appropriate lawsuit.

When a scientist discovers a new principle, it’s HIS/HER “intellectual property” don’tcha know?

Sandton Property March 17, 2011 at 4:55 am

@Paul Edwards lol at the perfect part. and i agree with you on Kinsella is the most out spoken one.

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