LIBERTARIAN PAPERS VOL. 5, NO. 1 (2013) LAW AND INTELLECTUAL PROPERTY IN A STATELESS SOCIETY Stephan Kinsella* a long habit of not thinking a thing wrong, gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom. But the tumult soon subsides. Time makes more converts than reason. —Thomas Paine1 Introduction IT IS WIDELY RECOGNIZED THAT the institutional protection of property rights was a necessary (though probably not sufficient)2 condition *Stephan Kinsella (
[email protected]), a patent attorney in Houston (KinsellaLaw.com), is Executive Editor of Libertarian Papers and Director, Center for the Study of Innovative Freedom (c4sif.org). For more in-depth discussion of intellectual property-related issues, see my Against Intellectual Property (Mises Institute, 2008) and other blog posts and articles collected at Kinsella, “Selected Supplementary Material for Against Intellectual Property,” C4SIF.org (2013-present). CITATION INFORMATION FOR THIS ARTICLE: Stephan Kinsella. 2013. “Law and Intellectual Property in a Stateless Society.” Libertarian Papers. 5 (1): 1-44. ONLINE AT: libertarianpapers.org. THIS ARTICLE IS subject to a Creative Commons Attribution 3.0 License (creativecommons.org/licenses). 1 Thomas Paine, “Introduction,” Common Sense (1776). 2 See Stephan Kinsella, “Hoppe: ‘From the Malthusian Trap to the Industrial Revolution. Reflections on Social Evolution’ (Property and Freedom Society 2009),” StephanKinsella.com (June 8, 2009). 1 2 LIBERTARIAN PAPERS 5 (1), (2013) for the radical prosperity experienced in the West since the advent of the industrial revolution. And property rights include so-called “intellectual property” (IP) rights.3 Or so we have been told.