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

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

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

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

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

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

Examples of what could exist under free contracting Contracts have natural limits of enforceability.

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

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

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

Privatize the Common

Long, Roderick. The Libertarian Case Against Intellectual Property Rights, Formulations, Autumn Kinsella, N. Stephan. Against Intellectual Property, Journal of Libertarian Studies, Spring Hammer, Richard. Intellectual Property Rights Viewed As Contracts, Formulations, Winter FreeNation.org