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Stephan Kinsella
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Against Intellectual Property (LvMI) Kindle Edition

by N. Stephan Kinsella (Author) Format: Kindle Edition
4.5 4.5 out of 5 stars 80 ratings
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This monograph is justifiably considered a modern classic. Stephan Kinsella has caused libertarians worldwide to rethink the very basis of intellectual property.

Mises warned against patents, and so did Rothbard. But Kinsella goes much further. He argues that the very existence of patents — and copyrights and trademarks, too — is contrary to a free market. They all use the state to create artificial scarcities of nonscarce goods and employ coercion in a way that is contrary to property rights and the freedom of contract.

Many who read this book will be unprepared for the rigor of Kinsella's argument. It takes time to settle in, simply because it seems so shocking at first. But Kinsella makes his case with powerful logic and examples that are overwhelming in their persuasive power.

After all, the relevance of this argument in a digital age can't be overstated. The state works with monopolistic private producers to inhibit innovation and stop the progress of technology, while using coercion against possible competitors and against consumers. Even US foreign policy is profoundly affected by widespread confusions over what is legitimate and what is merely asserted as property.

What Kinsella is calling for instead of this cartelizing system is nothing more or less than a pure free market, which involves nothing resembling what we call intellectual property today. IP, he argues, is really nothing more than a state-enforced legal convention, not an extension of real ownership.

Few books written in the last decades have caused so much fundamental rethinking. It is essential that libertarians get this issue right and understand the arguments on all sides. Kinsella's book is masterful in doing just that — making a case against IP that turns out to be more rigorous and thorough than any written on the left, right, or anywhere in between.

Read it and prepare to change your mind.

To search for Mises Institute titles, enter a keyword and LvMI (short for Ludwig von Mises Institute); e.g., Depression LvMI
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  1. Print length
    48 pages
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  4. Publication date
    December 30, 2010
  5. File size
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Product details

  • ASIN ‏ : ‎ B004HO5IQG
  • Publisher ‏ : ‎ Ludwig von Mises (December 30, 2010)
  • Publication date ‏ : ‎ December 30, 2010
  • Language ‏ : ‎ English
  • File size ‏ : ‎ 311 KB
  • Simultaneous device usage ‏ : ‎ Unlimited
  • Text-to-Speech ‏ : ‎ Enabled
  • Screen Reader ‏ : ‎ Supported
  • Enhanced typesetting ‏ : ‎ Enabled
  • X-Ray ‏ : ‎ Not Enabled
  • Word Wise ‏ : ‎ Enabled
  • Sticky notes ‏ : ‎ On Kindle Scribe
  • Print length ‏ : ‎ 48 pages
  • Customer Reviews:
    4.5 4.5 out of 5 stars 80 ratings

About the author

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Stephan Kinsella

Stephan Kinsella

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Stephan Kinsella is a patent attorney and libertarian writer in Houston, Texas. He is the Founding and Executive Editor of Libertarian Papers, Founder and Director of the Center for the Study of Innovative Freedom (C4SIF), and founding member of the Property and Freedom Society. He was General Counsel for Applied Optoelectronics, Inc. and a partner with Duane Morris LLP. He received an LL.M. in international business law from King's College London, a JD from the Paul M. Hebert Law Center at LSU, and BSEE and MSEE degrees from LSU. He has published numerous articles and books on IP law, international law, and the application of libertarian principles to legal topics.

Customer reviews

4.5 out of 5 stars
4.5 out of 5
80 global ratings

Top reviews from the United States

Jack Feka
5.0 out of 5 stars I'm sold
Reviewed in the United States on March 19, 2012
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For the longest time I've felt that there was something wrong with the current state of copyright law, especially with the advent of the internet and electronic publishing.

This book makes a clear and complete analysis of what intellectual property is and why it is both counter productive and of little social benefit to sustain it. It is not difficult to see how the current laws are now limiting what mankind might gain by creating barriers and incentives that set people who have creative or inventive talents to waste them for the benefit of large corporations and bureaucracies.

The book is an easy read, but if you don't want to have your beliefs challenged, you'd best avoid reading it ... you too might become a convert!
6 people found this helpful
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Thomas
5.0 out of 5 stars Governments compel behavior is lots of hidden ways!
Reviewed in the United States on December 21, 2018
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This book makes the case that patents and copyrights are unethical since they prevent specific behavior of others in society and give control to, e.g., the patent holder. Using my own materials I could replicate what a patent holder did. But the patent holder has a government granted power to not only stop me from so doing, but to punish me with a fine or prison. That is dangerous.
2 people found this helpful
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Drea Douglas
5.0 out of 5 stars This is a fantastic look at Intellectual Property and some of the issues ...
Reviewed in the United States on April 20, 2016
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This is a fantastic look at Intellectual Property and some of the issues with looking at thought as property. Can someone really dictate what you are able to do with your own property simply because they thought of the use before you did? A good read for anyone wishing to really think about the ideas of copyrights, patents, trademarks and other such issues.
4 people found this helpful
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Leslie Q.
4.0 out of 5 stars On the first occupier principle
Reviewed in the United States on April 15, 2022
I think the author brings up many unique points and is succinct for the first part of the book. However, when discussing the first occupier principle, there is a lack of counter arguments and some parts are overly wordy.

Furthermore, the concept that this principle in itself is good or better than other principles is good, is flawed. What's good is when humans generate value that benefits themselves and each other. Occupying resources on a first-come-first serve basis is a rudimentary form of justice. What if someone were to build a fence around millions of acres of land they couldn't practically use while others starve on small plots of land? What constitutes occupation? Otherwise, a nice read. I wish there were some cases where IP has had a significant impact and it's results (such as the Wright brothers' patent, the patent for the transistor, etc.)
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Alu
5.0 out of 5 stars Convinced me I was wrong!
Reviewed in the United States on December 15, 2023
As a voluntaryist, I have generally supported the concept of IP laws. I am glad that I challenged myself by picking up this book and reading it with an open mind. Kinsella's arguments are simple and convincing. He makes a very strong case for IP laws contradicting voluntaryism in theory and being unfeasible in practice.
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Ian Patten
5.0 out of 5 stars Greatest Book on Intellectual Property
Reviewed in the United States on January 11, 2014
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Easy to understand and read.
Well cited.
Takes a principled approach to property rights showing that the non-aggression principle does not allow for the insanity of copyright.
2 people found this helpful
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The Reviewer
5.0 out of 5 stars Why you need to buy the physical book.
Reviewed in the United States on October 23, 2012
Say you're talking about copyright with someone you know, then they say to you, "How can you be a conservative/libertarian and oppose private property rights like a communist?"

You can do one of two things:

1. Go read this 71-page article on the Mises Institute Web site, and it will tell you why copyright and private property are incompatible. I'll send you an e-mail link to the PDF file.

-or-

2. Here, I have this little book on my bookshelf. You can see it's a quick read, only 71 pages, and it will tell you why copyright and private property are incompatible. I'll lend it to you, you can read it over the weekend.

What will your friend be more likely to do?

Buy the physical book, and keep it on your bookshelf.
7 people found this helpful
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Josh S.
5.0 out of 5 stars Against Intellectual Property
Reviewed in the United States on July 4, 2012
I thoroughly enjoyed reading Kinsella's Against Intellectual Property. The book is an insightful read.

It is worth noting that this book is quite philosophical and focuses on IP (intellectual property) from a theoretical perspective. It will be a bit dry at times for those not as interested in the theory and philosophy behind IP. A similarly titled book,  Against Intellectual Monopoly  is, I am told, a more practical look at IP and its effects on the world. I have not read Against Intellectual Monopoly (and am thus not able to pass judgement on it) but have heard good things about it.

A Quick Note: I did not physically read the book. I listened to it as a free audio download from the Ludwig von Mises Institute, which also offers the book for free (though a program such as calibre will be needed to convert the book to Kindle format). It can be found by searching for "Against Intellectual Property" on the mises.org website.
4 people found this helpful
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Top reviews from other countries

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JSL
5.0 out of 5 stars La définition de la propriété privée la plus rigoureuse que je connaisse !
Reviewed in France on March 2, 2021
Verified Purchase
Excellent petit livre qui se lit très vite et très facilement.

Parfait résumé de la définition de la propriété privée (qui fait preuve de la plus grande clarté et de la plus grande rigueur), et de sa mise en perspective au problème de la (soit-disant) propriété intellectuelle.

Un livre indispensable à tout libertarien (ou libéral) pour comprendre sans effort les aspects les plus fondamentaux de la question (de la propriété privée en général, et de la "propriété" intellectuelle en particulier).
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Cliente Amazon
5.0 out of 5 stars Ótimo livro
Reviewed in Brazil on April 30, 2017
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O autor aborda o assunto por várias visões diferentes e em nenhum momento falha em suas conclusões. Além disso a maioria das explicações são exemplificadas, o que torna o livro de muito fácil entendimento.
One person found this helpful
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Roald Schoenmakers
5.0 out of 5 stars Imprescindible en el debate sobre patentes y propiedad intelectual
Reviewed in Spain on April 22, 2012
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Kinsella presenta un alegato contra el uso y abuso de los patentes y propiedad intelectual. Lo hace como abogado de patentes y como liberal-libertario. Dice que los liberales se han equivocado en abrazar este tipo de "propiedad", por su afan natural de siempre apoyar la propiedad. Sostiene que patentes y PI son formas de proteccionismo estatal, que poco o nada tienen que ver con propiedad. Nace en el siglo 15 como concesiones de monopolio. Sostiene ademas que lejos de permitir la inovación, lo limita severamente. Sus tesis son tan inovadores y contrarios al "consenso" actual que es imprescindible para simplemente ver otro punto de vista. Para aquellos que luchan contra las Leyes de Sinde-Wert o SOPA/PIPA en EEUU es un gran aliado intelectual en un mundo donde la propiedad intelectual se convierte muy rapidamente en arma de coacción y enemiga de la libre expresión. Tiene tantos ejemplos buenos, desde su experiencia de abogado de patentes, que el libro se convierte en muy ameno y lleno de humor negro. Muy recomendable!
2 people found this helpful
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