See also
- Copyright Term Extension Act (CTEA)
Libertarians have differing opinions on the validity of intellectual property. [1]
The Libertarian Party of Canada takes "a moderate approach to patents and copyrights", calling for "a careful review of existing and proposed legislation". [2]
The Libertarian Party of Russia writes in its platform that "intellectual property" is a privilege granted by the state. Accordingly, "intellectual property rights" are enforced by the state through violence. [3] On this basis, LPR writes in its programme that it intends to repeal the section of the Civil Code of Russia, as well as the articles of the Code of the Russian Federation on Administrative Offenses and Criminal Code of Russia that provide for sanctions for infringement of "intellectual property rights". [4]
Anarcho-capitalists oppose the existence of even a minimal state. This ideological framework requires that any functions served by intellectual property law promulgation and enforcement be provided through private sector institutions.
Murray Rothbard argues for allowing contractually arising infinite copyright terms and against the need for any government role in protecting intellectual property. [5] Rothbard states that government's involvement in defining arbitrary limits on the duration, scope and so on of intellectual property in order to "promote the Progress of Science and useful Arts" is inherently problematic, saying: "By what standard do you judge that research expenditures are 'too much,' 'too little,' or just about enough?". Thus, he argues that intellectual property laws can actually hinder innovation since competitors can be indefinitely discouraged from further research expenditures in the general area covered by the patent because the courts may hold their improvements as infringements on the previous patent and the patent holder is discouraged from engaging in further research in this field because the privilege discourages his improvement of his invention for the entire period of the patent, with the assurance that no competitor can trespass on his domain. [6]
Morris and Linda Tannehill propose that ideas in the form of inventions could be registered in a privately owned "data bank". The inventor could then buy insurance against the theft and unauthorized commercial use of the invention and the insurance company would guarantee to not only compensate the inventor for any losses suffered due to such infringement but to stop such unauthorized use. [7]
Opponents to intellectual property rights include Wendy McElroy, [8] Tom G. Palmer, [9] Henri Lepage, Boudewijn Bouckaert, Jeffrey Tucker and Stephan Kinsella. [10] Kinsella points out in Against Intellectual Property that patents may be inefficient since they divert resources from research and development to patent filing and lawsuits. He notices that theoretical research can not be patented as easily as practical research and thus theoretical research is relatively underfunded. Moreover, he argues that property rights can only apply to resources that are scarce, which intellectual property is not. Kinsella also claims that the only way that intellectual property rights can be implemented is by limiting others' physical property rights. [11]
David D. Friedman takes a neutral stance on intellectual property, claiming "there are good arguments on both sides of that question". [12]
Ayn Rand, the founder of Objectivism who herself was not a libertarian, but whom had a significant influence on Rothbard prior to his department from her philosophical studies circle, supported copyrights and patents. She noted in Capitalism: The Unknown Ideal : [13]
Patents and copyrights are the legal implementation of the base of all property rights: a man's right to the product of his mind. Every type of productive work involves a combination of mental and of physical effort: of thought and of physical action to translate that thought into a material form. The proportion of these two elements varies in different types of work. At the lowest end of the scale, the mental effort required to perform unskilled manual labor is minimal. At the other end, what the patent and copyright laws acknowledge is the paramount role of mental effort in the production of material values; these laws protect the mind's contribution in its purest form the origination of an idea. The subject of patents and copyrights is intellectual property. ... Thus the law establishes the property right of a mind to that which it has brought in existence.
Rand held that patent should be granted for limited terms only:
If it were held in perpetuity, it would lead to the opposite of the very principle on which it is based: it would lead, not to the earned reward of achievement, but to the unearned support of parasitism. It would become a cumulative lien on the production of unborn generations, which would ultimately paralyze them. Consider what would happen if, in producing an automobile, we had to pay royalties to the descendants of all the inventors involved, starting with the inventor of the wheel and on up. Apart from the impossibility of keeping such records, consider the accidental status of such descendants and the unreality of their unearned claims.
Roderick T. Long argues that the concept of intellectual property is not libertarian. He holds that prohibiting people from using, reproducing and trading copyrighted material is an infringement of freedom of speech and freedom of the press and that since information exists in people's minds and other people's property one cannot own information without owning other people. Claiming that authors and publishers will continue to produce absent copyright protection, he cites the fact that hundreds of thousands of articles are uploaded onto the Internet by their authors every day, available to anyone in the world for free and that nearly all works written before the 20th century are in the public domain, yet pre-1900 works are still published and sold. [14] [1]
Benjamin Tucker, opposing intellectual property, writes that "the patent monopoly consists in protecting inventors against competition for a period long enough to extort from the people a reward enormously in excess of the labor measure of their services, –in other words, in giving certain people a right of property for a term of years in laws and facts of Nature, and the power to exact tribute from others for the use of this natural wealth, which should be open to all". [15]
Anarchists such as Lysander Spooner and J. Neil Schulman have also argued for forms of intellectual property. [16]
Anarcho-capitalism is an anti-statist, libertarian, and anti-political philosophy and economic theory that seeks to abolish centralized states in favor of stateless societies with systems of private property enforced by private agencies, the non-aggression principle, free markets and the right-libertarian interpretation of self-ownership, which extends the concept to include control of private property as part of the self. In the absence of statute, anarcho-capitalists hold that society tends to contractually self-regulate and civilize through participation in the free market, which they describe as a voluntary society involving the voluntary exchange of services and goods. In a theoretical anarcho-capitalist society, the system of private property would still exist and be enforced by private defense agencies and/or insurance companies selected by customers, which would operate competitively in a market and fulfill the roles of courts and the police.
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.
Murray Newton Rothbard was an American economist of the Austrian School, economic historian, political theorist, and activist. Rothbard was a central figure in the 20th-century American libertarian movement and a founder and leading theoretician of anarcho-capitalism. He wrote over twenty books on political theory, history, economics, and other subjects.
The Machinery of Freedom is a nonfiction book by David D. Friedman that advocates an anarcho-capitalist society from a consequentialist perspective.
Hans-Hermann Hoppe is a German-American economist of the Austrian School, philosopher and political theorist. He is Professor Emeritus of Economics at the University of Nevada, Las Vegas (UNLV), Senior Fellow of the Ludwig von Mises Institute, and the founder and president of the Property and Freedom Society.
Libertarian theories of law build upon classical liberal and individualist doctrines.
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use , joining it with previously acquired property or by marking it as owned.
Andrew Joseph Galambos (AJG) was an astrophysicist and philosopher who upheld the idea of a social structure that seeks to reconcile free will, human peace, and freedom. While Galambos had much in common with his classical liberal contemporaries, his most unusual contributions concerned his theories on intellectual property.
The nature of capitalism is criticized by left-wing anarchists, who reject hierarchy and advocate stateless societies based on non-hierarchical voluntary associations. Anarchism is generally defined as the libertarian philosophy which holds the state to be undesirable, unnecessary and harmful as well as opposing authoritarianism, illegitimate authority and hierarchical organization in the conduct of human relations. Capitalism is generally considered by scholars to be an economic system that includes private ownership of the means of production, creation of goods or services for profit or income, the accumulation of capital, competitive markets, voluntary exchange and wage labor which has generally been opposed by anarchists historically. Since capitalism is variously defined by sources and there is no general consensus among scholars on the definition nor on how the term should be used as a historical category, the designation is applied to a variety of historical cases, varying in time, geography, politics and culture.
Artificial scarcity is scarcity of items despite the technology for production or the sufficient capacity for sharing. The most common causes are monopoly pricing structures, such as those enabled by laws that restrict competition or by high fixed costs in a particular marketplace. The inefficiency associated with artificial scarcity is formally known as a deadweight loss.
The non-aggression principle (NAP), also called the non-aggression axiom, is a concept in which aggression, defined as initiating or threatening any forceful interference against an individual, their property, or promises (contracts) for which the aggressor is liable and in which the individual is a counterparty, is inherently wrong. There is no single or universal interpretation or definition of the NAP, with different definitions varying in regards to how to treat intellectual property, force, abortion, and other topics.
Norman Stephan Kinsella is an American intellectual property lawyer, author, and deontological anarcho-capitalist. His legal works have been published by Oxford University Press, Oceana Publications, Mises Institute, Quid Pro Books and others.
Propertarianism, or proprietarianism, is a political philosophy that reduces all questions of ethics to the right to own property. On property rights, it advocates private property based on Lockean sticky property norms, where an owner keeps their property more or less until they consent to gift or sell it, rejecting the Lockean proviso.
In the United States, libertarianism is a political philosophy promoting individual liberty. According to common meanings of conservatism and liberalism in the United States, libertarianism has been described as conservative on economic issues and liberal on personal freedom, often associated with a foreign policy of non-interventionism. Broadly, there are four principal traditions within libertarianism, namely the libertarianism that developed in the mid-20th century out of the revival tradition of classical liberalism in the United States after liberalism associated with the New Deal; the libertarianism developed in the 1950s by anarcho-capitalist author Murray Rothbard, who based it on the anti-New Deal Old Right and 19th-century libertarianism and American individualist anarchists such as Benjamin Tucker and Lysander Spooner while rejecting the labor theory of value in favor of Austrian School economics and the subjective theory of value; the libertarianism developed in the 1970s by Robert Nozick and founded in American and European classical liberal traditions; and the libertarianism associated with the Libertarian Party, which was founded in 1971, including politicians such as David Nolan and Ron Paul.
Right-libertarianism, also known as libertarian capitalism or right-wing libertarianism, is a libertarian political philosophy that supports capitalist property rights and defends market distribution of natural resources and private property. The term right-libertarianism is used to distinguish this class of views on the nature of property and capital from left-libertarianism, a type of libertarianism that combines self-ownership with an egalitarian approach to natural resources. In contrast to socialist libertarianism, right-libertarianism supports free-market capitalism. Like most forms of libertarianism, it supports civil liberties, especially natural law, negative rights, the non-aggression principle, and a major reversal of the modern welfare state.
For a New Liberty: The Libertarian Manifesto is a book by American economist and historian Murray Rothbard, in which the author promotes anarcho-capitalism. The work has been credited as an influence on modern libertarian thought and on part of the New Right.
Libertarianism is variously defined by sources as there is no general consensus among scholars on the definition nor on how one should use the term as a historical category. Scholars generally agree that libertarianism refers to the group of political philosophies which emphasize freedom, individual liberty and voluntary association. Libertarians generally advocate a society with little or no government power.
This article is a list of major figures in the theory of libertarianism, a philosophy asserting that individuals have a right to be free. Originally coined by French anarchist and libertarian communist Joseph Déjacque as an alternative synonymous to anarchism, American classical liberals appropriated the term in the 1950s for their philosophy which asserts that individuals have a right to acquire, keep and exchange their holdings and that the primary purpose of government is to protect these rights. As a result of this history, libertarians on this list may be either of the American-style free-market variety or of the European-style socialist variety.
Walter Edward Block is an American Austrian School economist and anarcho-capitalist theorist. He currently holds the Harold E. Wirth Eminent Scholar Endowed Chair in Economics at the School of Business at Loyola University New Orleans, and is a senior fellow of the non-profit think-tank Ludwig von Mises Institute in Auburn, Alabama. He is best known for his 1976 book Defending the Undefendable, which takes contrarian positions in defending acts which are illegal or disreputable but Block argues are actually victimless crimes or benefit the public.
David Gordon is an American libertarian philosopher and intellectual historian influenced by Rothbardian views of economics. Peter J. Boettke, in his Reason Foundation "Reason Papers," Issue No. 19, Fall 1994, describes Gordon as "a philosopher and intellectual historian who is deeply influenced by the Rothbardian strand of economics." He is a senior fellow at the Ludwig von Mises Institute and editor of The Mises Review.