Chapter 4 of 4 · A Libertarian Critique of Intellectual Property by Butler Shaffer
Index
Adams, Walter, 45
“Anything goes” principle, 49
Autonomy, the need for, 11
Bentham, Jeremy, 19
Boundaries of Order (Shaffer, Butler), 11, 17, 19
Burckhardt, Jacob, 53
Cave paintings, ancient, 36
Change vs. rigidity, 52 f.
Change, prevention of, 51
Chaos and complexity, 50
Civilization, effect of creativity on progress of, 53
Common Law, copyrights in, 23
Common pool of knowledge, 32
Competitive resiliency, effect of firm size on, 46
Contracts as individual-made law, 21
Copyright notices, unenforceability of, 22
Copyright
art created without, 27
as IP, 17
Creation, joy of, 32
Creative anarchy, 48
Creative behavior, requirements for, 48
Creative process, dependence of on IP, 28 f.
Cross-fertilization, dependence of creativity on, 29 f.
Durant, Will and Ariel, 53
Early inventors, compensation due to, 37
Economic vs. political means, 21
Economies of scale, 44
Edison, Thomas, 31
Feyerabend, Paul, 16, 48, 50
Food production, role of GMO patents in, 40
Force and violence of the State, results of, 10
Fulton, Robert, 35
Genetic diversity, benefits of, 50
GMO patents, 41
Government research, positive externalities from, 26
Government
coercive and looting nature of, 28
definition of, 20
Hero of Alexandria, 35
Hitler Test, the, 7–10
Imitation, role of in famous art, 38 f.
Industrial concentration created by government regulation, 45
as created by cost of patent protection, 42
effects of, 43
Intellectual property
as legal privilege, 36
created by the State, 22
interests, origins of, 14
without the State, 22
constitutional authority for, 24
costs associated with, 42–52
discouraging effect on research of, 47
historical origins of, 14
legitimacy of, 13 ff.
privately enforced, 22
questions raised by, 17
as informal processes vs. formally enacted rules, 18
International Olympic Committee (IOC), 28, 39
“Olympics” © by the IOC, 28, 39
Inventions made before IP, 34 f.
Irish potato famine, 49
Kant, Immanuel, 12
Knowledge and ideas as exclusive property, 30
Koestler, Arthur, 16, 48, 50
Kohr, Leopold, 43
Language
spontaneous nature of, 33
invention of, 32 ff.
Monopolies as creatures of the state, 25
Monopolistic rewards, anticipation of by artists, 15
Monsanto Corporation, 41
GMO patents of, 39
Oppenheimer, Franz, 20
Organizations
as “artificial persons,” 23
as property owners, 22
Ownership, essence of, 25
Past accomplishments, protection of, 51
Patent office, 31, 47
Patents and copyrights
as essential to the creative process, 27
value of to authors, 26
value of to society, 26
inhibiting effects of, 29
Patents as IP, 17
Peaceful social cooperation, property rights required for, 11
Political collectivism, inhumane nature of, 12
Power based thinking, 13
Private property as a system of social order, 12
Property
as a creature of the law, 19
defense of, debated by anarchists and minarchists, 20
interests created by the State, 19
interests or rights, grounding of, 18 f.
principles, confusion about, 18
rights, setting appropriate boundaries for, 11
Public domain, 32
Publication, role of, in copyright, 24
Pyramidal model of the Universe, 13
Quigley, Carroll, 52
Sanction of the victim, 23
Seeds, physical and IP rights in, 41
Social misery, theory of, 43
Southwestern Law School, 7
State, the, as a tool of violence, 23
Synthesis, dependence of creativity on, 29 f.
Tesla, Nikola, 31f.
“Too big to fail,” role of, 44 f.
Toynbee, Arnold, 52
Trademarks as IP, 17
Uniformity and standardization
value of, 51
dangers of, 49, 51
Western culture
content of 27 f.
non-dependence on IP of, 27 f.
A Libertarian Critique of Intellectual Property
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