Page "Libertarian perspectives on intellectual property" Paragraph 1

Since anarcho-capitalists oppose the existence of even a minimal state, this ideological framework requires that any functions served by intellectual property law promulgation and enforcement be provided through private sector institutions.

Murray Rothbard argues for allowing contractually arising infinite copyright terms and against the need for any government role in protecting intellectual property.

He states that government's involvement in defining arbitrary limits on the duration, scope, etc.

of intellectual property in order to " promote the Progress of Science and useful Arts " is inherently problematic, since " By what standard do you judge that research expenditures are ' too much ,' ' too little ,' or just about enough?

" He argues that intellectual property laws can actually hinder innovation, since competitors can be indefinitely discouraged from further research expenditures in the general area covered by the patent because the courts may hold their improvements as infringements on the previous patent, and the patent holder is discouraged from engaging in further research in this field because the privilege discourages his improvement of his invention for the entire period of the patent, with the assurance that no competitor can trespass on his domain.

Morris and Linda Tannehill propose that ideas in the form of inventions could be registered in a privately owned " data bank "; the inventor could then buy insurance against the theft and unauthorized commercial use of the invention, and the insurance company would guarantee to not only compensate the inventor for any losses suffered due to such infringement but to stop such unauthorized use.

David D. Friedman appears to support IP, on " law and economics grounds.

" Opponents to intellectual property rights include Wendy McElroy, Tom G. Palmer, Lepage, Boudewijn Bouckaert, and N. Stephan Kinsella.

The latter argues that patents may be inefficient in that they divert resources from research and development to patent filing and lawsuits and from theoretical research to practical research.

Kinsella argues that property rights can only apply to scarce resources ; thus, if a new lawnmower could be magically conjured up out of nothing in the blink of an eye, it would not be theft to steal one.

Since ideas are not naturally scarcei. e., copying a book does not prevent anyone else from copying the same bookthey are not a legitimate subject of property rights.

Furthermore, the only way that intellectual property rights can be implemented is by limiting others ' physical property rights.

For instance, a patent on a method for drilling a well limits others ' property rights over their land, as they cannot use that method without seeking permission from the patent owner.

Thus, each patent places restrictions on land not owned by the patent holder.