KOL457 | Sheldon Richman & IP; Andre from Brazil re Contract Theory, Student Loan Interest Payments, Bankruptcy, Vagueness, Usury

Kinsella On Liberty

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Kinsella on Liberty Podcast: Episode 457. I had been meaning to talk to my old friend Sheldon Richman, of the Libertarian Institute and TGIF column, about his own IP Odyssey, as he's always been great on this issue, (( My IP Odyssey; as quoted in “Your failed business model is not my problem”; Sheldon Richman, “Patent Nonsense," IP Debate Breaks Out at FEE. Others, e.g. Richman, The Articles of Confederation Versus the Constitution. )) and many others. At the same time I had been talking to André Simoni of Brazil about some questions he had about applying my/Rothbard's title-transfer contract theory to some questions he had about interest payments on student loans and other contracts, usury, and so on. I had thought of talking to André and Sheldon separately but decided to combine them, partly because I confused André's topic with a discussion I had also been having at the same time with Galambosian Brian Gladish about IP and Galambos. (( On Galambos, see the following. On Gladish, see the next note. Galambos and Other Nuts; The Galambosians strike back; “Around this time I met the Galambosian.”; Was Galambos an IP Thief?; Galambos the Crank; Shades of Galambos: Man tries to copyright his name; Rothbard and Galambosians. )) Libertopia, San Diego, Oct. 11, 2012: Anthony Gregory, Kinsella, Roderick Long, Sheldon Richman. See KOL238 | Libertopia 2012 IP Panel with Charles Johnson and Butler Shaffer; KOL237 | Intellectual Nonsense: Fallacious Arguments for IP—Part 2 (Libertopia 2012); KOL236 | Intellectual Nonsense: Fallacious Arguments for IP (Libertopia 2012) Sheldon and I talked first about IP and other topics, and then to André about contract theory, which Sheldon jumped in on anyway. (I may talk to Gladish later about Galambos and IP.) (( Gladish on Galambos at ASC; his comments at: Have You Changed Your Mind About Intellectual Property?; Galambos and Other Nuts; Mises on Intellectual Property; Why Objectivists Hate Anarchy (Hint: IP). )) We touched on a number of topics; see the summary of our discussion points by Grok: [00:00:02 - 00:20:44] Stephan Kinsella hosts Sheldon Richman, executive editor of the Libertarian Institute, to discuss Richman’s libertarian journey and his opposition to intellectual property (IP). Richman traces his ideological roots to the 1964 Goldwater campaign, Ayn Rand, and Murray Rothbard, emphasizing his rejection of IP as incompatible with liberty due to its monopolistic nature. He critiques the notion that creation alone justifies ownership, advocating for property rights based on prior ownership of tangible inputs. The conversation highlights Richman’s classical liberal stance, his defense of corporations as efficient market entities, and his nuanced view on libertarian labels, favoring a broad, non-tribal approach to radical liberalism. [00:20:45 - 01:33:05] The discussion shifts to Andre from Brazil, who joins to explore the title-transfer theory of contract, focusing on its application to student loans, interest payments, usury, and bankruptcy. Kinsella explains that contracts involve title transfers, not enforceable promises, and addresses Andre’s concerns about vague contract terms and usury laws, arguing they often protect entrenched interests. On bankruptcy, Kinsella notes his evolving view, influenced by inalienability concepts, suggesting that extreme debt obligations resembling slavery might justify limited bankruptcy protections in a free society, as discussed in his recent blog post. Richman contributes insights on contracts, reinforcing the need for clear title transfers, while the trio debates the moral and legal implications of debt and societal expectations in libertarian frameworks. Transcript and detailed Grok shownotes below. https://youtu.be/7vrIz8cv2Bw Of relevance: Stephan Kinsella, “The Title-Transfer Theory of Contract,” Papinian Press Working Paper #1 (Sep. 7, 2024) Napolitano on Health-Care Reform and the Constitution: Is the Commerce Cl...

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