KOL207 | Patent, Copyright, and Trademark Are Not About Plagiarism, Theft, Fraud, or Contract

Kinsella on Liberty Podcast, Episode 207. A stand-alone episode recorded late at night on my iPhone—had to get it out, thinking about it was keeping me from sleeping. Audio quality is fine, though no pop filter or pro-microphone, as I just used my iPhone. Slight nasal cold leftover from snow-skiing trip altitude sickness is there, but it seems not to be too distracting. See also Kinsella, “Common Misconceptions about Plagiarism and Patents: A Call for an Independent Inventor Defense,” Mises Economics Blog (Nov. 21, 2009); and Kinsella, "If you oppose IP you support plagiarism; copying others is fraud or contract breach," in "Hello! You’ve Been Referred Here Because You’re Wrong About Intellectual Property" C4SIF. See also this Grok conversation summarizing "why the case for patent and for copyright has nothing to do with plagiarism, contract breach, and fraud, why all these things are distinct, and opposing patent and copyright does not imply favoring fraud, dishonesty, plagiarism, or contract breach." Background material: Against Intellectual Property, "IP as Contract" section Fraud, Restitution, and Retaliation: The Libertarian Approach (Feb. 3, 2009) The Problem with “Fraud”: Fraud, Threat, and Contract Breach as Types of Aggression (July 17, 2006) Stop calling patent and copyright “property”; stop calling copying “theft” and “piracy” A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 Reply to Van Dun: Non-Aggression and Title Transfer, Journal of Libertarian Studies, Volume 18, no. 2 (Spring 2004) See also Gregory N. Mandel, Anne A. Fast & Kristina R. Olson, "Intellectual Property Law’s Plagiarism Fallacy," BYU L. Rev. 2015, no. 4 (2015): 915–83; Gregory N. Mandel, "How people understand intellectual property, creativity and reward," in Abbe E.L. Brown & Charlotte Waelde, eds., Research Handbook on Intellectual Property and Creative Industries (Cheltenham, UK: Edward Elgar, 2018), p. 295 et pass.