Intellectual Property: Bastard Child of the Gatekeepers

**This interview with patent attorney Stephan Kinsella and accompanying show notes was originally published on the Musicpreneur.com podcast in March 2017You’re probably going to disagree with what is said in this episode. In fact, it could very well make you angry. But, as Bob Dylan said, “The times, they are a changin’.”It’s an issue that I’ve wrestled with over the years and have finally come to the conclusion that Intellectual Property (IP) is detrimental to progress and innovation. While on the surface it appears to protect the rights of content creators to profit from their content, the reality is that the only people who really profit are the “gate keepers” and those who hang out near “the gates”.I’ve tried to take a “back door” approach with this issue before, thinking that people would somehow be persuaded to see my point of view without actually telling them my point of view. Not surprisingly, the results of that approach weren’t encouraging.I’ve decided to just come right out and say it.Intellectual Property is HorribleThe fact of the matter is that just about every way of thinking that was considered set in stone a short time ago is suddenly up for debate once again.What are the origins of IP? How did it become de facto conventional knowledge in modern society? Is it really the only legalized monopoly in existence?Enter my guest for this episode, Stephan Kinsella. He’s been a patent attorney in Houston, TX for nearly 30 years. He’s the author of Against Intellectual Property as well as a pamphlet titled, Doing Business Without Intellectual Property. In this discussion, we discuss why intellectual property (IP) is a hindrance to progress and innovation for musicians, and how MusicPreneur’s can navigate the oftentimes confusing waters of IP.Here's what you'll hear in this episode: IP is not compatible with traditional view of property. World of scarcity – one person can use at a time Austrian Economics Mises: Human Action Act: Human has conception of where he is, what future is coming, anticipates what future is coming. Makes necessary changes… Informed by your knowledge of what’s possible; tools at your disposal. Involves employment of scarce resources Guided by knowledge Impossible to have monopoly in an idea. IP Law enforces law with use of force. Another form of redistribution of wealth. 2 Rules in Acquiring Property First person to start using it – Homesteading; original appropriation Purchase materials in a legitimate exchange How IP came about Printing press was a threat to established order Statute of Monopolies Statute of Anne created copyright Practical Application – How can musicians maximize exposure while protecting artistic integrity? Don’t have to have a copyright. Don’t have to register/enforce Creative Commons Don’t sign rights away to a studio SK self-publishing next book Liberty and freedom available now that hasn’t existed Profit is an unnatural thing – breeds competitors. Entrepreneurs need to be aware of how business models can be copied. Some are not viable. What does the next 10 years hold? Nothing will change with the entrenched interests. However, it will be more and more easy to get around them. It will “force the establishment to act like entrepreneurs.”Support this show http://supporter.acast.com/trumpet-dynamics. See acast.com/privacy for privacy and opt-out information.