Episode 91 - Patent madness, property and contracts without conflict

The Liberty Roundtable #1: Education and the State http://www.youtube.com/watch?v=V_bLcxOU4ww Microsoft Patents Ones, Zeroes | The Onion - America's Finest News Source http://www.theonion.com/content/node/29130 With the force of patent law, some producers supposedly have more rights than others? Microsoft patents 'Page Up' and 'Page Down' by David Meyer http://news.zdnet.co.uk/software/0,1000000121,39481766,00.htm Company that won $585M from Microsoft sues Apple, Google by Jacqui Cheng http://arstechnica.com/tech-policy/news/2009/10/company-that-won-585m-from-microsoft-sues-apple-google.ars The TWiT Netcast Network with Leo Laporte TWiT 216: It's Pimpin' Time - http://twit.tv/216 Patent litigation spells a proliferation of conflicts in the marketplace Time spent litigating patent claims is time spent away from catering to present and future customers Money spent on litigating patent claims is money not spent on innovating and marketing Patents are essentially monopolistic privileges granted by government that try to control other people's use of their own property Barnes & Noble Sued Over Nook Design by Barb Dybwad http://mashable.com/2009/11/02/spring-design-lawsuit/ Non-disclosure agreements are a problematic aspect of contract law Promises to do or not do something that aren't based on actual property, but rather on IP, aren't valid Promises that don't involve the transfer of property don't constitute contracts either "...validly enforceable contracts only exist where title to property has already been transferred, and therefore where the failure to abide by the contract means that the other party’s property is retained by the delinquent party, without the consent of the former (implicit theft). Hence, this proper libertarian theory of enforceable contracts has been termed the 'title-transfer' theory of contracts." ...from The Ethics of Liberty Chapt 19. PROPERTY RIGHTS AND THE THEORY OF CONTRACTS by Murray Rothbard http://mises.org/rothbard/Ethics/nineteen.asp The title transfer theory of contracts is grounded in actual property The work that Rothbard credits for insights about contract validity is: Toward A Reformulation of the Law of Contracts by Williamson M. Evers http://mises.org/journals/jls/1_1/1_1_2.pdf further reading - A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability by N. Stephan Kinsella (though there are some logical problems with some of his arguments against Rothbard) http://mises.org/journals/jls/17_2/17_2_2.pdf In a free market, people are free to honor original content creators by buying their stuff (or donating) Producers of content must discover free market ways to receive compensation for their efforts Identity theft is a form of fraud, the use of someone's property without consent, under false pretenses Knockoffs are a form of flattery, and like in fashion, consumers choose which ones to buy (and they can afford) Patent Claim Could Block Import of Toyota's Hybrid Cars http://yro.slashdot.org/story/09/10/08/212200/Patent-Claim-Could-Block-Import-of-Toyotas-Hybrid-Cars How Patents Are Harming Small Companies Too http://www.techdirt.com/articles/20090601/0007575076.shtml Patent holders, be they individuals or corporations, constantly hold back innovation in the marketplace Fallacy Run Amok by Jeffrey A. Tucker http://www.lewrockwell.com/tucker/tucker130.html Bringing even a "knockoff" product to market successfully takes time, effort, and money Patents foster perverse incentives not to innovate and to discourage others from innovating Property rights resolve conflict, whereas "IP rights" create conflict Rights equal freedom to act in a social context, without conflict with others Complete Liberty IP Chapter: http://completeliberty.com/chapter6.php audio version: http://completeliberty.libsyn.com/index.php?post_id=208107 Check out the new social network for CL-related ideas - http://completeliberty.ning.com CL FB fan page - http://www.facebook.com/completeliberty Other CL groups: http://fr33agents.ning.com/group/completeliberty ; http://anarchme.ning.com/group/completeliberty For those interested in nutrition and the psychology of weight loss, health, and fitness, visit my (and Kevin's) new site: http://healthymindfitbody.com bumper music "Freedom '90" by George Michael  (and excerpt from Intellectual Property: How to Review a Patent Application http://www.youtube.com/watch?v=-dMf0fV4gqM ) http://www.georgemichael.com/ to comment, please go to http://completeliberty.com/magazine/category/91697