Hour 2 - Stephan Kinsella (Intellectual Property Attorney) provides an update on Intellectual Property in the internet age; General Copyright Law
Intellectual Property Attorney
Norman S. Kinsella is a registered patent attorney in Houston.* Formerly a partner in the Intellectual Property Practice Group of Duane Morris LLP and General Counsel for Applied Optoelectronics, Inc. (2000–2012), he has over twenty years' law firm and in-house experience in patent, IP, and general commercial and corporate law. He has extensive patent prosecution experience in computer, electronics, software, optoelectronics, oil & gas, and other technology, for clients such as Intel Corporation, Lucent Technologies, Agere Systems, General Electric, Motorola, Thomson Consumer Electronics, Sarnoff Corporation, Applied Optoelectronics, Inc., Burr-Brown (now Texas Instruments), Schlumberger, Baker Hughes, and UPS. A selection of issued and published patents is available here.
He received an LL.M. (international business law, 1992) from King's College London-University of London; a JD (1991) from the Paul M. Hebert Law Center, Louisiana State University; and MSEE (1990) and BSEE (1987) degrees from Louisiana State University. He is licensed to practice before the Texas, Louisiana (inactive), and Pennsylvania (inactive) bars, and is registered to practice before the US Patent Office.
Kinsella has taught as Adjunct Professor of computer law at South Texas College of Law, and has served as Chair of the Computer Law Subcommittee of the Federalist Society's IP Practice Group. He has published numerous articles and books about IP law, international law and other topics, and is an author or editor of: International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide (Oxford University Press, 2005); Trademark Practice and Forms (Oceana/Oxford, 2001–2011; West/Thomson Reuters 2011–2013); World Online Business Law (2003-2011); Digest of Commercial Laws of the World (Oceana/Oxford 1998–2011; West/Thomson Reuters 2011–2013); Online Contract Formation (Oceana 2004); Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk (Oceana 1997); Louisiana Civil Law Dictionary (Quid Pro Books, 2011; co-author: Gregory Rome). Forthcoming books include: Law in a Libertarian World: Legal Foundations of a Free Society and Copy This Book: The End of Intellectual Property.
Detailed CV (www.KinsellaLaw.com/cv) (Word version; PDF version)
Issued Patents/Published Applications
Stephan's previous interviews on the Declare Your Independence with Ernest Hancock Radio Show:
Most Recent 'KOL' (Kinsella on Liberty Podcast)
KOL248 | Stephan Livera Podcast 15 – Intellectual Property, Bitcoin, and Internet Censorship
by Stephan Kinsella on August 18, 2018
Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 58:54 — 47.6MB)
Kinsella on Liberty Podcast, Episode 248.
From my recent appearance on Stephan Livera's bitcoin-focused podcast.
SLP15 – Intellectual Property, Bitcoin, and Internet Censorship, with Stephan Kinsella
Stephan Kinsella, Intellectual Property lawyer, and libertarian advocate joins me in this episode to discuss:
His story with bitcoin
Money as Sui Generis Good
The imprecise application of Lockean property theory
Why you can't own bitcoin, but it probably doesn't make a big difference anyway
The harmful effects of patents and copyright
'Internet Censorship' as it relates to property rights and ownership of private social media platforms
Stephan Kinsella links:
Stephan's website: StephanKinsella.com
Center for the Study of Innovative Freedom
Stephan Kinsella's podcast, Kinsella on Liberty
I really enjoyed this conversation with Stephan Kinsella, and I hope you enjoy listening to it. If you get value out of this episode, please remember to share it on your social media as that really helps expand my reach. Thanks guys.
KOL247 | Free Talk Live and Mark Edge on Intellectual Property and DMCA Takedowns
by Stephan Kinsella on August 1, 2018
Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 36:26 — 25.0MB)
Kinsella on Liberty Podcast, Episode 247.
On a recent episode [July 29, 2018] of Free Talk Live, Ian and Mark discuss their disagreement over Mark's filing a DMCA (copyright) takedown of a critical YouTube video. I called in to discuss this issue and intellectual property with Mark for the July 31 episode. For the full episode, go here. The excerpt with my portion is included here.
I've discussed IP and other libertarian issues on FTL before:
KOL141 | FreeTalkLive: IP and SOPA (2012)
KOL082 | FreeTalkLive Guest Appearance: IP (2011)
FreeTalkLive/XM Extreme Talk Appearance re Intellectual Property
KOL 033 | Free Talk Live Interview on Reducing IP Costs (2010)
Kinsella's Sixth Epiphany: Means and Knowledge
by Stephan Kinsella on July 15, 2018
I'm here in Positano, at the beautiful Villa TreVille, on the last leg of the longest vacation of my life so far (July 1-20: Venice, Capri, Positano, Berlin). And this morning, here in Positano, walking down the steps from our room to the terrace to lounge, I had my sixth epiphany. Or so.
First, there were two fairly minor and personal ephanies.
1. Hell/Jesus/Religion: First: at age 15 or so when riding the Gravely tractor/lawnmower, mowing our 3-4 acre tract. As a pretty devout Catholic schoolboy and former altar boy, I was thinking hard about religion and the world around this time. It had already occurred to me that if God condemns you to eternal damnation as punishment for some sins committed while mortal, this can't be just. An infinite punishment is disproportionate for a finite amount of crime. So, I reasoned, there cannot be hell. Therefore not evertyhing the Catholics teach is right. So what else might be false? Then I dared to question the idea of Jesus, and of God, and it all crumbled. My epiphany was in the realization that I could dare not only to question Hell but the whole Catholic story about Jesus. [click to continue…]
A Way to Be Free: The Autobiography of Robert LeFevre
by Stephan Kinsella on July 2, 2018
Libertarian Robert LeFevre published his two-volume autobiography, with publisher Pulpless.com, in 1999. It's still available in print on Amazon:
A Way to Be Free: The Autobiography of Robert LeFevre: Volume I: The Making of a Modern American Revolutionary, and
A Way to Be Free: The Autobiography of Robert LeFevre: Volume II: The Making of a Modern American Revolution.
PDF links for each volume are now available here: Vol. 1 [PDF]; Vol. 2 [PDF], posted here with the permission of the publisher.
I also discuss LeFevre here: Classical Liberals and Anarchists on Intellectual Property: observing: "Robert LeFevre (1911–86): expresses very good, early skepticism of the notion of IP or ownership of ideas (see LeFevre on Intellectual Property and the "Ownership of Intangibles")."
Also see LeFevre's The Fundamentals of Liberty, also available for download in many file formats here. His book The Philosophy of Ownership is also available online.
KOL246 | CryptoVoices: Bitcoin as Property, Digital Goods, Personal Liberty, and Intellectual Property
by Stephan Kinsella on June 28, 2018
Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 1:22:22 — 75.4MB)
Kinsella on Liberty Podcast, Episode 246.
This is my appearance on the CryptoVoices podcast, Episode 43, interviewed by host Matthew Mežinskis. As indicated in the show notes (below), we discussed a variety of issues related to bitcoin, property rights, and related matters. The hosts also informed me of a recent article they had written regarding the economic classification of crypto tokens: An Economic Definition of Cryptotokens.
Show support appreciated: 35iDYDYqRdN2x6KGcpdV2W1Hy3AjGje9oL
Matthew interviews Stephan Kinsella, longtime advocate of private property and personal liberty, and expert on intellectual property law.
We discuss broad-ranging issues on Bitcoin and private property. Is Bitcoin really property per se, and does anyone truly own bitcoin(s)?
Also, how does the nature of intellectual property (or lack thereof) play into the open-source aspects of Bitcoin? What is Bitcoin? Is Bitcoin a digital good? Stephan shares his knowledge on the history of intellectual thought, personal liberty, and intellectual property to answer some of these questions. We discuss some current topics about the brand of Bitcoin (versus Bitcoin Cash), and if blockchain could(?) ever resolve some of the faults and friction in IP that Stephan has studied for years. Stephan is a well-read intellectual and Bitcoiners would do well to read more of his writings.
Links for more info:
KOL191 | The Economy with Albert Lu: Can You Own Bitcoin? (1/3)
KOL233 | Mises UK Podcast: Bitcoin Ownership and the Global Withering of the State
for more on whether bitcoin is ownable property, see this Facebook thread
KOL085 | The History, Meaning, and Future of Legal Tender
KOL086 | RARE Radio interview with Kurt Wallace: The War on Bitcoin
KOL 043 | Triple-V: Voluntary Virtues Vodcast, with Michael Shanklin: Bitcoin, Legal Reform, Morality of Voting, Rothbard on Copyright
Tax Plan May Hurt Bitcoin, WSJ
Swiss Tax Authorities Confirm that Bitcoin is VAT-free in Switzerland
Tokyo court says bitcoins are not ownable
FinCEN Rules Commodity-Backed Token Services are Money Transmitters
Bitcoin Is Officially a Commodity, According to U.S. Regulator;
Miami Judge Rules Bitcoin Is Not Money; Dismisses Money Laundering, Transmitting Charges
How to handle bitcoin gains on your taxes
SEC: US Securities Laws 'May Apply' to Token Sales
Federal Judge Rules Bitcoin Is Real Money