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Private IP Law Created and Enforced by Contract

Private IP Law Created and Enforced by Contract. Richard O. Hammer President Emeritus Free Nation Foundation. Austrian Scholars Conference March 14, 2008. Ludwig von Mises Institute Auburn, AL Mises.org.

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Private IP Law Created and Enforced by Contract

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  1. Private IP Law Created and Enforced by Contract Richard O. Hammer President Emeritus Free Nation Foundation Austrian Scholars Conference March 14, 2008 Ludwig von Mises Institute Auburn, AL Mises.org

  2. The state makes a messwith IP law.But what if the state did not get involved ?Would private practices evolve into something like IP law ?

  3. Intellectual Property Exists in Nature • Birds’ antics to hide their nests • Immunology, the knowledge of how to recognize an antigen. Vaccinations

  4. Intellectual Property Naturally Exists in Human Society • Secrets among humans, that friends and family members keep • Keys carry knowledge we prefer not to share

  5. IP Contracts can empower practices which become so widespread as to resemble law.

  6. First we need to see what the state has done to “law” where we live.

  7. Examples of what could exist under free contractingContracts have natural limits of enforceability.

  8. When Do We Argue? • Conflict is costly in nature • So we fall into non-conflicting patterns of behavior • Sometimes we notice these patterns • Sometimes we argue about these patterns • Some patterns become rights, then laws

  9. Private arrangements remain beyond our ken.We do not argue about the private arrangements of others.

  10. Tragedy of the Common in Law • A common needs to be managed, necessitating discussion • If we argue we are assuming a common

  11. Privatize the Common

  12. Long, Roderick. “The Libertarian Case Against Intellectual Property Rights”, Formulations, Autumn 1995. • Kinsella, N. Stephan. “Against Intellectual Property”, Journal of Libertarian Studies, Spring 2001. • Hammer, Richard. “Intellectual Property Rights Viewed As Contracts”, Formulations, Winter 1995-96. FreeNation.org

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