Kinsella Austrian AV Club Interview—Mises Institute Canada

(Austrian) Economics, Anti-Statism, Business, IP Law, Libertarian Theory
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I was interviewed yesterday by Redmond Weissenberger, Director of the Ludwig von Mises Institute of Canada. We had a long-ranging discussion of intellectual property and libertarian theory, including a discussion about exactly how Ayn Rand and other libertarians got off track on this issue, in part because of flaws regarding “labor” and “creationism” in Locke’s original homesteading argument; inconsistencies between Rand’s support for IP and her recognition that production means rearranging existing property; and also the different roles of scarce means and knowledge in the praxeological structure of human action. (For more on these issues, see my blog posts Locke on IP; Mises, Rothbard, and Rand on Creation, Production, and ‘Rearranging’, Hume on Intellectual Property and the Problematic “Labor” Metaphor, Rand on IP, Owning “Values”, and ‘Rearrangement Rights’, and The Patent Defense League and Defensive Patent Pooling, and my article “Intellectual Freedom and Learning Versus Patent and Copyright.”)

The video is below; audio file is here (69MB). (Trivia: I used my iPad, running the Skype app, for this interview. More stable and better camera than a MacBook.)

[C4SIF]

[now podcast at KOL165]

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The NFL is Not for Libertarians

Business, Corporatism, Employment Law, Statism
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Tonight marks one of the more bizarre annual rites in the American worship of state power—the NFL Draft. I realize I may be alone in this characterization. Just this morning, Mises Institute president Doug French wrote a lengthy editorial celebrating the Draft. But I don’t share the public’s love of the fraudulent, anti-libertarian monstrosity that is the National Football League. As I see it, you can support liberty or the NFL, but not both.

The NFL is not a private enterprise in any free-market sense. It was at one time, but since the 1960s, it has steadily morphed into a subsidiary of the state. Admittedly, this process did not begin at the NFL’s insistence. In the 1950s, the Justice Department’s Antitrust Division decided to interfere with the rights of NFL franchise operators to make rules regarding the presentation of their games on the new medium of television. By 1961, the NFL was forced to lobby Congress for a special antitrust exemption just so it could sign its first national television contract. A few years later, a similar exemption was secured to permit the NFL’s merger with the American Football League.

In the decades following the merger, the NFL embraced its special status and started demanding municipal governments, rather than franchise owners, assume the financial risks of constructing new stadiums. Today, 23 of the 32 clubs have stadiums built no earlier than 1992. Most are financed primarily through taxes or government-backed bonds. Generally, NFL owners contribute only about one-third of the cost.

In Cleveland, for example, the city used bonds to pay for 75% of the cost of the Browns’ stadium, which opened in 1999. The team only pays $250,000 per year in rent to the city. Keep in mind, the new stadium was only built after the first Cleveland Browns franchise moved to Baltimore in 1995. Why did they move? Because then-Browns owner Art Modell, after financially mismanaging the team for years, needed a government bailout, which he received from the state-run Maryland Stadium Authority in the form of M&T Bank Stadium. And to get one step further back, the Maryland Stadium Authority came into existence only after Baltimore’s previous NFL team, the Colts, moved to Indianapolis when the latter city—through the Marion County Capital Improvement Board—offered the club’s owners a brand new stadium.

Even when owners pay for a share of construction costs, it usually comes in the form of long-term debt. Franchise sales in recent years have also been heavily leveraged. When Daniel M. Snyder purchased the Washington Redskins from the estate of Jack Kent Cooke in 1999, he paid a then-record $800 million, which included assumption of $155 million in debt on the stadium Cooke built just before his death and another $340 million Snyder borrowed from a European bank.

Without direct government financing in the form of taxes and municipal bonds, and indirect financing in the form of interest rates artificially manipulated by central banks, most of the NFL stadiums erected over the past 20 years would not exist, at least in their present forms. Nor would debt-fueled sales like Snyder’s been possible. …

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Laissez Faire Books Launches the Laissez Faire Club

(Austrian) Economics, Anti-Statism, Business, Education, History, Libertarian Theory, The Basics
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Laissez Faire Books

Laissez Faire Books (LFB) is a seminal libertarian institution that dates back to 1972, six years before I was born. In its heyday, it played a central role in the libertarian movement as the largest libertarian bookseller, a publisher of libertarian books, and an old-school social network, hosting social gatherings and other events. This was before my time.

I’d never bought a book from LFB until yesterday (the 19th). By the time I became a libertarian in my undergraduate years at Louisiana State University, after reading the work of Ayn Rand (starting with The Fountainhead) at the urging of a friend, I was able to learn about libertarianism and Austrian economics from a large and growing sea of resources online. I bought books from Amazon and the Ludwig von Mises Institute (LvMI), read online articles and blogs, and took advantage of the growing library of digitized books and other media put online and hosted by the LvMI.

Laizzez Faire Books was fading into irrelevancy and, I think, in danger of being shuttered for good as it was passed from new owner to new owner. Enter Agora Financial, the latest owner of LFB, and hopefully the organization that will oversee its resuscitation and return to relevancy. With Jeffrey Tucker at the helm as executive editor, the prospects for profitability, innovation, and spreading the message of liberty are exciting indeed.

Many, if not most, of you know Jeffrey Tucker as the editorial vice president who led the LvMI into the digital age, building it into the open-source juggernaut with a vast online and free library of liberty and a thriving community that it is today. We were sad to see him leave that beloved institution, but eager to see what he would do in charge of a for-profit publisher and bookstore. Now we’ve been given the first taste.

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Ebook Price Fixing and Bad Journalism

(Austrian) Economics, Business, IP Law, Statism
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You may have heard that the Department of Justice decided to launch antitrust litigation against Apple and some major publishers for alleged price fixing and that most of them decided on the same day to settle. The alleged sin was that Apple and the publishers decided to go with the agency pricing model in which the publishers get to set the prices for their books in the iBooks Store, while Apple takes, I believe, a 30% cut.

So late last night I read this:

How Steve Jobs Got Apple Into Trouble Over Ebooks” by Lance Ulanoff, Editor-in-Chief of +Mashable.

Wow, is this guy clueless.

And if Steve Jobs really thought Amazon screwed up, he was clueless as well. Amazon is WINNING.

Jobs pushed the agency model on the publishers? I don’t think so. They preferred that model but couldn’t get Amazon to go along with it without Apple’s help. It’s the screw-your-customers model and it wouldn’t have been good for the publishers over the long haul. They want high ebook prices so that they can hang onto their outdated IP-dependent business model of selling paperbacks and hardcovers in big box brick & mortar stores for as long as possible.

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PETA Publicity Stunt Stops “Luck”

Business
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Because of pressure from the People for the Ethical Treatment of Animals (PETA), HBO abruptly cancelled “Luck,” a new series centered around the horse racing industry.  The series stars Dustin Hoffman, who also is Luck’s producer, along with David Milch and Michael Mann.  Fans of “Deadwood,” will recognize Milch as the creator of that amazing show.  Mann of course was the mastermind behind “Miami Vice.”

Luck’s producers did not use stock racing footage for its horse racing scenes.  The series used 50 horses, trained by Matt Chew at Santa Anita. PETA claims the series used past-their-prime, out-of-shape  thoroughbreds and were reportedly running them twice a day during filming.  Whether that was the cause of the three horse fatalities or is not really known (the death of the third appears to have been a freak accident), but PETA has been on Luck’s back since 5-year old Outlaw Yodeler died during filming last year.

Of course plenty of animals die to feed the cast and crew on the set of most movies and TV shows and PETA is nowhere to be found, as The Onion satirized so neatly back in 2004, in its “Many Animals Harmed In Catering of Film.”

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