In Intellectual Property is Theft! Kevin Carson exposes so-called intellectual property as a law-made monopoly, upholding corporate privilege and consolidating economic control at the expense individual ownership of real, tangible property. Copyrights and patents lock in inefficient, privilege-ridden business models based on command and control, and enable corporations to capture outsize profits from the economic rent on innovations. Copying is not theft. But monopoly is.

Real, tangible property rights result from natural scarcity and follow as a matter of course from the attempt to maintain occupancy of physical property that cannot be possessed by more than one person at a time. Intellectual property, on the other hand, creates artificial scarcity that does not naturally exist and can only be enforced by invading real, tangible property and preventing the owner from using it in ways that violate the supposed intellectual property rights of others …. Intellectual property also serves as a bulwark for planned obsolecence and high-overhead production.

Corporations rely on increasingly authoritarian legislation to capture value from propriety information…. Privileged, state-connected economic interests are becoming increasingly dependent on such controls. But unfortunately for them, such controls are becoming increasingly unenforceable thanks to Bittorrent, strong encryption, and proxy servers…. This has profoundly weakened corporate hierarchies in the information and entertainment industries. In this environment, the only thing standing between the old information and media dinosaurs and their total collapse is their so-called intellectual property rights. … Without intellectual property, in any industry where the basic production equipment is widely affordable, and bottom-up networking renders management obsolete, it is likely that self-managed, cooperative production will replace the old managerial hierarchies.

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Lysander Spooner’s first and second Letters to Congressman Thomas F. Bayard (D-DE) challenge all government with the standard of natural law and natural liberty. Spooner’s work was widely circulated and admired among the individualist anarchists in the late 19^th and early 20^th century. Later, the first letter to Bayard was widely reprinted and became incredibly influential in the intellectual revival of individualist anarchism during the 1960s. Whereas the first Letter to Bayard is one of Spooner’s best known works, the Second Letter to Bayard is a lost treasure recovered from the archives, until now very difficult to find in print. Together, they are one of Spooner’s sharpest attacks on the usurpation of legislators and the fraud of the legal Constitutions that are supposed to authorize, and yet somehow also limit, the arbitrary dominion of the State and the men who control it.

No man can delegate, or give to another, any right of arbitrary dominion over himself; for that would be giving himself away as a slave. And this no one can do. Any contract to do so is necessarily an absurd one, and has no validity. To call such a contract a Constitution, or by any other high-sounding name, does not alter its character as an absurd and void contract. No man can delegate, or give to another, any right of arbitrary dominion over a third person; for that would imply a right in the first person, not only to make the third person his slave, but also a right to dispose of him as a slave to still other persons. Any contract to do this is necessarily a criminal one and therefore invalid. To call such a contract a Constitution does not at all lessen its criminality, or add to its validity…

All this pretended delegation of legislative powr — that is, of a power, on the part of the legislators, so-called, to make any laws of their own device, distinct from the law of nature — is therefore an entire falsehood; a falsehood whose only purpose is to cover and hide a pure usurpation, by one body of men, of arbitrary dominion over other men….

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