The arguments for gun control or gun confiscation basically boil down to this: "If guns were illegal, they would not be available. If they weren't available, people like that crazy killer in Connecticut would not be able to use them." This assumes that a crazy...
LAW
The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)
This oft-made contrast by libertarians between so-called “common law property in land” versus “statutory IP” is a myth that has no basis in the reality of how common law property rights in land evolved in England and then in the United States of America.
Nullification Nullifies Freedom
The advocates of “states’ rights” have long pushed the idea of nullification–the doctrine that a state can declare a federal law null and void within that state. (Sadly, even Thomas Jefferson endorsed the idea.) More recently, many conservatives and Libertarians have...
Debates on Patent System Should Focus on Facts, Not Rhetoric
Weakening intellectual property laws due to negative policy rhetoric, hyperbolic internet commentary, and even extensive lobbying by firms who choose to infringe patents because they don’t want to pay the licenses offered to them by patent licensing firms is irresponsible.
The Broken Reporting Causing the “Broken Patent System” Hokum
The real problem with this “broken reporting” by Mr. Bilton and his ilk is that it is feeding a growing anti-patent frenzy among commentators, academics, and the public, who seem to think that your smart phones, tablets and other technological marvels just don’t exist because of a so-called “broken patent system” that has stymied software and other high-tech innovation at every turn.
ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust
The claim that there is a “patent litigation explosion” is a myth, but there’s a related patent litigation myth that has proven cantankerously resilient in the patent policy debates — there’s an “explosion” of patent-owners racing to the International Trade Commission (ITC) who are obtaining exclusion orders against infringers.
Post-Sandy: A Man-Made Disaster
It is intolerable that their people be made to suffer the effects of disastrous legislation piled on top of a natural disaster and thereby needlessly enlarging and extending the effects of the natural disaster.
From Licensing to Censorship
Every day, millions of Americans dispense advice to friends, relatives, and complete strangers through blogs, websites, and a variety of online publications. And each time they do so, many of these Americans could be risking substantial fines and perhaps even...
Cronyism—From Wall Street to Main Street
Individuals from across the political spectrum denounce cronyism. Politicians as diverse as Sarah Palin and Barack Obama have decried businessmen who use government favors for economic gain. Groups with diametrically opposing views, such as the Tea Parties and Occupy...
Zoning Versus the Internet
The stated purpose of zoning is to control land use within a community to prevent “incompatible” land uses and to promote planning. Most Americans accept zoning as a “necessary evil” that prevents pawn shops and factories from operating in residential neighborhoods....
The Birth of a Campaign Against Rights
I am not a prophet, seer, or tarot card reader. I do not possess any kind of psychic ability. But I can predict the future, for I possess the power of principles. Principles allow us to project the consequences of our actions, and predict the actions of others. About...
Protect Individual Rights, Not the “Right to Work”
In February, Indiana became the twenty-third state, and the first in the “Rust Belt,” to enact a “right to work” law. The Indiana law states: A person may not require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees,...
The Protection Racket of Occupational Licensing
If licensing is not protecting consumers, why do many professions require a license?
Today’s Software Patents Look a Lot Like Early Pharma Patents
The recent New York Times article on the high-tech industry argues that software patents and the current “smart phone war” are a disaster for innovation, and it backs this with quotes and cites from a horde of academics and judges, like Judge Richard Posner, that...
Some Historical Perspective on Today’s High-Tech Patent Wars
The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry.
The “Patent Litigation Explosion” Canard
The historical patent litigation rates are significant because they also include the same “patent wars” that we are experiencing with the “smart phone war.”
Today’s Software Patents Look a Lot Like Early Pharma Patents
It’s time to bring objectivity and a historical-based perspective to public policy discussions about software patents and the role of property rights in innovation.
Building Safely without Government Building Codes
Most people accept building codes as a necessary government intervention. One Website states: Codes provide minimum standards for building construction in order to safeguard the public’s safety, health, and welfare. Another Website states: If we searched we could find...
Gun Control on the Government’s Guns
Any meaningful program of gun control must above all focus on strictly controlling and regulating the activities of the government.
From Licensing to Censorship
Every day, millions of Americans dispense advice to friends, relatives, and complete strangers through blogs, websites, and a variety of online publications. And each time they do so, many of these Americans could be risking substantial fines and perhaps even...
Chief Justice Roberts: The Nonjudgmental Chief Justice
“It is not our job to protect the people from the consequences of their political choices.” -- Chief Justice of the Supreme Court John Roberts. WRONG. This is precisely what the Supreme Court's job is. The founders of the American republic created three branches of...
The “Selfishness” of Bernie Madoff
Madoff was completely selfless.
Free Speech No Excuse For Muslim Ideology of Violence
Even in today's crazy world, there's still some justice to be found in the United States. A convert to Islam who helped promote death threats against the producers of the animated television show "South Park" after it featured a character representing the prophet...
“Fast and Furious” is Big Government Out of Control
The “fast and furious” scandal involving Obama and his attorney general is an example of Big Government gone bad. The scandal centers on a federal policy of “gunwalking” that began in 2006, first during the George W. Bush administration and later dramatically...
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