KOL471 | “What Is Property? And What Is Not? — Part 1,” Capitalism & Morality (Vancouver)

Kinsella on Liberty Podcast: Episode 471. This is my talk this morning at Jayant Bhandari's (@JayantBhandari5) Capitalism & Morality 2025 (Vancouver) conference. It was followed later that day by Part 2, Fireside Chat with Albert Lu, whose podcast I've been on in the past. (( KOL193 | The Economy with Albert Lu: On IP and Double Counting (3/3); KOL192 | The Economy with Albert Lu: On the Legal Significance of Ownership (2/3); KOL191 | The Economy with Albert Lu: Can You Own Bitcoin? (1/3); KOL171 | With Albert Lu Discussing Stossel and IP; KOL139 | Power and Market Report with Albert Lu: Law, Careers, Scholarship; Intellectual Property Law Policy, Law, and Career. )) https://youtu.be/4CXQqoIkH6c?si=nehs8FZhBkUnpwOq The audio is from my iphone. I will replace it with the video and better audio at a later date. The video is up (see above). I have replaced the podcast audio with the better audio. In my talk I focused on the the role of scarce means (conflictable resources) in action. I had to finish my talk before turning to the second part of action one needs to analyze to fully understand property rights and the intellectual property debate: the knowledge that guides actors in the use of means. In my view, this talk, along with Part 2, is one of my better presentations of this important issue. I'm getting a bit better as I get older, because I'm maturing in my thought and integrating lots of interrelated ideas, I've developed more  mastery of this material and have had a lot of experience explaining these ideas,  and by now have gotten more comfortable speaking, something I have never really especially liked doing and something that used to make me very nervous. No longer. For Part 2, see KOL472 | “What Is Property? And What Is Not? — Part 2 — Fireside Chat on Intellectual Property with Albert Lu," Capitalism & Morality (Vancouver). My topic is similar to that of some recent presentations, to-wit: KOL259 | “How To Think About Property,” New Hampshire Liberty Forum 2019 and KOL420 | There Ain’t No Intellectual Property: The Personal Story of a Discovery (PFS 2023). For further background see Legal Foundations of a Free Society, chs. 2, 9, 14, 15; 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 and, for the application of this framework and approach to IP, see The Problem with Intellectual Property. Shownotes, slides, video, and photos below. Shownotes by Grok: Event Introduction and Societal Reflections The talk begins with Jayant Bhandari welcoming attendees to the Capitalism and Morality Seminar, reflecting on its inception in 2010 and the open-mindedness of Western culture that allowed such events. He contrasts this with his experiences growing up in a "hellhole" and warns of Canada's declining safety and emerging bureaucratic hurdles, like security questionnaires for controversial speakers. Bhandari emphasizes the divide between savagery and civilization over socialism versus capitalism, urging society to heed the speakers amid systemic crises. Kinsella's Background and Intellectual Journey Stephan Kinsella, a libertarian attorney and intellectual property expert, shares his evolution from Ayn Rand's influence to anarcho-libertarianism shaped by Rothbard, Mises, and Hoppe. As a patent lawyer, he initially sought to justify intellectual property (IP) but concluded it's unjustifiable after deep research, leading to his book Legal Foundations of a Free Society. He humorously notes the radical yet innocuous nature of his talks and stresses rethinking core concepts like property to resolve IP puzzles. Clarifying Property Terminology and Rights Kinsella delves into precise definitions, explaining that "property" refers to rights in things, not the things themselves—derived from Latin "proprius" meaning "one's own." He distinguishes property rights as the right to exclude others, not unlimited use, using examples like fist-swinging or gun ownership to show they limit actions, not other property rights. He critiques common misuses, like calling ideas "property," and highlights Hoppe's view of property as foundational to social sciences, defining aggression, contracts, socialism, and capitalism. Distinction Between Possession and Ownership Drawing on Robinson Crusoe hypotheticals, Kinsella differentiates possession (physical control, applicable even in isolation) from ownership (normative rights emerging in society to support possession against interference). He explains human action per Mises involves using scarce resources to alleviate uneasiness and change the future, with property rights providing normative backing. Mises' terms like "catallactic ownership" (possession) versus "juristic ownership" underscore this, noting economists often conflate them. Emergence and Principles of Property Rights Kinsella traces property rights' evolution in systems like Roman and English common law, emphasizing original appropriation (homesteading), contracts, and self-ownership as core principles to resolve conflicts over scarce resources. Every society has property rules identifying owners, even if unjust like in dictatorships. Libertarians advocate consistent application to oppose aggression, with socialism as institutionalized interference. He concludes by inviting questions, reinforcing property's role in peaceful cooperation. Powerpoint slides (Powerpoint - pptx file): Photos: *** Rick Rule and Albert Lu a few weeks ago on the conference: https://www.youtube.com/live/9I_GfpnkAiU?si=-YNX1ZbYwOyaXURN&t=972   YOUTUBE TRANSCRIPT cleaned up by Grok Transcript: What is Property? What is Not? Below is the cleaned-up transcript of Stephan Kinsella’s talk at the Capitalism and Morality Seminar, with topical section headings and timestamps aligned with the original YouTube transcript. Introduction and Event Logistics 0:02 A while ago, I gave a presentation. If you want, I can share it, but it might disturb the video recording, as the videographer may struggle to integrate it. It’s better not to use the presentation, as the screen can complicate things. The videographer can add it later if needed. I can send you the video when it’s done, as my videos tend to get watched later. Welcome to the Capitalism and Morality Seminar 1:04 [JAYANT BHANDARI] Ladies and gentlemen, good morning. My name is Jayant Bhandari, and I want to welcome you to this year’s Capitalism and Morality Seminar. When I first launched this seminar in 2010, I asked the university events manager if hosting a libertarian gathering on campus would be acceptable, unsure if these viewpoints would be welcomed. I suspected she leaned left, so I wanted to ensure she wouldn’t cause trouble. In the spirit of Western culture, she was open-minded and responded that what we discussed inside the room was our business. Despite living in the West for a long time, this openness still surprises me. Back then, the university required me to use their preferred videographer, who charged a significant fee. When I explained I couldn’t afford it, the events manager reiterated that what we did inside the room was none of her business. I’ve heard this sentiment often in Western society, where even bureaucrats bend rules to do the right thing. I grew up in a hellhole, and I see that hellhole slowly arriving in Canada, a trend I’ve discussed for years. Observations on Societal Decline 2:50 Today, we faced logistical issues: the IT person and coffee were missing, causing a half-hour delay. Unlike many in this audience, I see things differently because of my background. For me, the divide is not between socialism and capitalism—often debated as Swedish socialism versus American capitalism—but between savagery and civilization. Western society will face a reckoning in the coming years due to decades of misguided policies. I no longer live in Vancouver because I see what’s coming. When I moved here 20 years ago, it was a safe city with minimal major crime, but much has changed. This year, for the first time, I had to complete a security questionnaire about bringing controversial or politically connected speakers. Things are changing rapidly, and it scares me. I guarantee that within a few years, you’ll face issues like air conditioning failures and power outages—systemic crises I recognize from experience. I hope Canadian society listens to today’s speakers. Our schedule is tight, and we’re 35 minutes behind, so I’ll cut lunch time to compensate. I’ll keep speaker introductions brief to maximize their speaking time. Introduction of Stephan Kinsella 5:28 Our first speaker is Stephan Kinsella, a libertarian attorney and intellectual property expert from Houston. He’s authored numerous books and publications on international investment, political risk, dispute resolution, and property rights. He’s also a key figure at Dr. Hans-Hermann Hoppe’s conference in Turkey. Please welcome Stephan Kinsella. Stephan Kinsella’s Opening Remarks 6:08 [STEPHAN KINSELLA] Thank you, Jayant. I’m going digital with my notes today. It’s always impressive to speak on a Saturday morning to professional, busy people listening to a patent attorney discuss property rights without academic credit—you’re not even forced to be here. As for controversial speakers, I’ve spoken at Yale twice and Berkeley once without protesters. I’m almost offended because my talks seem innocuous, though they’re radical beneath the surface. People don’t get worked up about intellectual property or property rights because they don’t grasp the implications. I’m glad to be here. I’ve known Jayant for years and have spoken at this event multiple times. I’m not a great speaker, as you’ll discover, but I no longer get nervous—maybe because I’m older or more confident in the topic....