Property Title Records and Insurance in a Free Society

Anti-Statism, IP Law, Libertarian Theory, Taxation
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Land registry
Land Registry: Land Certificate, from A Short History of Land Registration in England and Wales

Opponents of intellectual property often point out that modern patent and copyright are purely legislated, artificial schemes. For anarcho-libertarians and libertarians opposed to legislation as a means of forming law, this is yet another stake in the heart of IP. (See my post The Mountain of IP Legislation, and my article “Legislation and Law in a Free Society.”)

So it’s not surprising that one retort of the IPers is to argue that patent- and copyright-like rights “could” evolve in common law courts. Even though they didn’t; even though the idea of statutorily enacted schemes arising from judicial decisions is more than implausible: it’s ridiculous. Some of them simply posit that there could be private “title” offices in a free society akin to real property title records in use today: you just go down and “register” your “idea”; later, when you sue an “infringer” of “your” idea in court, you can prove you “own” it by introducing evidence from the IP title records office. For example, in a recent Mises blog threat, someone suggested there might be some private invention title office (my reply). And the anarcho-libertarian Tannehills, in their classic The Market for Liberty, argue (pp. 58-59):

Ideas in the form of inventions could also be claimed by registering all details of the invention in a privately owned “data bank.” Of course, the more specific an inventor was about the details of his invention, the thought processes he followed while working on it, and the ideas on which he built, the more firmly established his claim would be and the less would be the likelihood of someone else squeezing him out with a fake claim based on stolen data. The inventor, having registered his invention to establish his ownership of the idea(s), could then buy insurance (from either the data bank firm or an independent insurance company) against the theft and unauthorized commercial use of his invention by any other person. The insurance company would guarantee to stop the unauthorized commercial use of the invention and to fully compensate the inventor for any losses so incurred. Such insurance policies could be bought to cover varying periods of time, with the longer-term policies more expensive than the shorter-term ones. Policies covering an indefinitely long time-period (“from now on”) probably wouldn’t be economically feasible, but there might well be clauses allowing the inventor to re-insure his idea at the end of the life of his policy.

One problem with the Tannehills’ reasoning was the question-begging assumption that it’s “theft” to use an idea if it’s “unauthorized”; this presupposes there is property in information. …

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Reason Papers Issue No. 33 Online

Education, Libertarian Theory
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Issue no. 33 of Reason Papers is now online. Articles listed below:

Issue No. 33 – Fall 2011 (Full Issue)

Symposium: Rand and Hayek on Cognition and Trade

Articles

Discussion Notes

Review Essays

Book Reviews

Afterwords

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“I don’t agree with his theories”

Anti-Statism, Libertarian Theory, The Basics, Uncategorized, Vulgar Politics
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Not long ago when we had friends and family over it came up that I was a political “atheist,” someone who opposed the existence of the state and wished for political power and authority to disappear so that the prosperity of the market can bring us ever higher standards of living. “I don’t agree with his theories” a family member said. Fine. This is to be expected. After all, the radical libertarian anarchist view is an extreme minority opinion. Yet the vast majority of people with whom we interact are clueless and wobbly on their own views.

At first the statist position seems to be coherent: the power of the many to benefit the few, the respect for the government, the love for law and order, the supremacy of democracy–essentially a rehash of the status quo becomes mainstream reply. Still, one must ask: what, then, dear vulgar citizen, is your hopefully coherent theory? It would necessarily have to be one that allows more or less the same things that exist now because the vast majority of folks though they complain about the details of the political establishment they don’t oppose the basics. For example, in my encounter with left-liberals I find it particularly interesting that often the primacy of democracy is seen as a goal but other times it is a means. Or when the same folks complain when people vote “the wrong way.” Over the last few years the issue of homosexual marriage has come up for vote. If the vote fails, does this mean that democracy has failed? Rarely (or, at worst, barely–there is still support for that institution). What if the courts fail to recognize that issue as a right? Should courts be abolished? Nah, they will say–more political action and education is needed, or reform the court. Most of the remedial proposals have to do with changing not the underlying system (the one that nonetheless perpetually frustrates everyone) but to change everyone and everything else.

Legislative matters like gay marriage is just one issue. Going deeper, things become even messier. How does one measure the value of the good that a piece of legislation imparts on society? What if that good is a bad for some? What if the good is not as good for everyone to the same extent? What if people change their minds? What if they change their minds right after an election? Were it subject to quantification, what if one person has 100 units of displeasure and 99 people have one unit of pleasure each? How can we measure the greater good? What is “the” good? These might seem contrived questions, and yet they are the core of it all. Not only is the mainstreamer advocating and justifying the existing system in a vulgar, offhanded, manner but also insisting that the social and economic calculations necessary to bring about general prosperity can be performed. And regardless of whether such a calculation is possible, the fact that the advocate of the existing system so vehemently opposes the libertarian view while barely offering a sensible grounding shows intellectual laziness. It is the equivalent of saying “this is what exists, therefore it is what should exist.” As the saying goes, LOLWUT!?

I am reminded of what Murray Rothbard once said: “It is no crime to be ignorant of economics, which is, after all, a specialized discipline and one that most people consider to be a ‘dismal science.’ But it is totally irresponsible to have a loud and vociferous opinion on economic subjects while remaining in this state of ignorance.” In my opinion Rothbard’s sentiment applies to politics as well.

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In Depth with Tibor Machan on C-SPAN

Education, Libertarian Theory, Statism
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Libertarian philosopher Tibor Machan had a wide-ranging 3-hour interview on C-SPAN’s BookTV a few months ago. Titled “In Depth with Tibor Machan,” the May 1 show description reads:

Tibor Machan talked about his life, work, and career. Topics included morality in business, capitalism versus individualism, and the pros and cons of the Libertarian philosophy. He responded to telephone calls and electronic communications from the grounds of the University Park Campus of the University of Southern California during the Los Angeles Times Festival of Books. Tibor Machan holds the R.C. Hoiles Endowed Chair in Business Ethics and Free Enterprise at the Argyros School of Business and Economics at Chapman University. He is also professor emeritus of philosophy at Auburn University and a research fellow at the Hoover Institution. Professor Machan is the co-founder and former editor of Reason magazine. Tibor Machan is the sole author of 29 English language books, the co-author of four books, the sole editor of 15 books, and co-editor of five books. His books include The Pseudo-Science of B.F. Skinner (1973), Liberty and Culture: Essays on the Idea of a Free Society (1989), Private Rights and Public Illusions (1995); Ayn Rand (2000); and The Promise of Liberty: A Non-Utopian Vision (2008). His memoir, The Man Without a Hobby: Adventures of a Gregarious Egoist, was published in 2004.

The video and a transcript are available here.

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Tibor Machan Festschrift

Anti-Statism, Libertarian Theory, Statism
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Machan festschrift coverDouglas B. Rasmussen, Aeon J. Skoble, and Douglas J. Den Uyl have produced a festschrift in honor of my longtime friend, the libertarian philosopher Tibor Machan. Entitled Reality, Reason, and Rights: Essays in Honor of Tibor R. Machan, it is published by Lexington Books and should be available next month from Amazon.

Skoble was editor for years of Reason Papers, the journal started by Machan (I’m now on its editorial board; and it inspired the name of my own journal, Libertarian Papers). In fact my first scholarly article, was published in Reason Papers in 1992 when Machan was editor. I remember that I wrote the initial draft of that article by hand, in cursive, when I was in the LL.M. program at King’s College London (no computers!), and submitted it to Machan after it was rejected by the King’s College London’s law journal. I remember speaking with Machan on a pay phone from King’s, about revisions to my article. We’ve been friends and kept in contact ever since, at Mises Institute conferences and, now, by Skype.

Tibor has long been a prolific and tireless advocate of the philosophy of liberty. Two of his books were big influences on me, Human Rights and Human Liberties: A Radical Reconsideration of the American Political Tradition (1975) and the even better Individuals and Their Rights (1989) (as was Rasmussen and Den Uyl’s Liberty and Nature: An Aristotelian Defense of Liberal Order).

Assembling a collection of essays like this is not easy (I was editor of a festschrift as well, so I know this from personal experience), so the editors are to be commended. This is a well-deserved honor for Professor Machan.

The description and table of contents from the publisher are appended below. …

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