Presentation on theme: "Private IP Law Created and Enforced by Contract Richard O. Hammer President Emeritus Free Nation Foundation Austrian Scholars Conference March 14, 2008."— Presentation transcript:
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
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