My basic approach is to recognize that mainstream legal theories of contract have been muddied by unlibertarian and positivistic conceptions of law and rights. Questions about what rights are "alienable" or not, loose talk about how promises should be "binding," etc., highlight the need for clarity in this area. In my view, to sort these issues out one needs a very clear and consistent understanding of the nature of property rights and ownership.
Stephan KinsellaThere are any number of models artists can use to profit off of their talent and artistry. It is not up to the state to protect them from competition. Musicians can obviously get paid for performing and having their music copied and "pirated" helps them in this respect by making them more well known, more popular.
Stephan KinsellaTo be an anarchist only means that you believe that aggression is not justified, and that states necessarily employ aggression. And, therefore, that states, and the aggression they necessarily employ, are unjustified. It's quite simple, really. It's an ethical view, so no surprise it confuses utilitarians.
Stephan KinsellaThe basis of self-ownership is the fact that each person has direct control over the scarce resource of his body and therefore has a better claim to it than any third party (and any third party seeking to dispute my self-ownership must presuppose the principle of self-ownership in the first place since he is acting as a self-owner).
Stephan KinsellaThe roots of copyright lie in censorship. It was easy for state and church to control thought by controlling the scribes, but then the printing press came along and the authorities worried that they couldn't control official thought as easily.
Stephan KinsellaArtists are just entrepreneurs. It's up to them to figure out how or if they can make a monetary profit from their passion − from their calling, as I discussed above. Sometimes they can. Musicians can sell music, even in the face of piracy. Or they can sell their services − concerts, etc. Painters and other artists can profit in similar ways. A novelist could use kickstarter for a sequel or get paid to consult on a movie version.
Stephan KinsellaThe libertarian approach is a very symmetrical one: the non-aggression principle does not rule out force, but only the initiation of force. In other words, you are permitted to use force only in response to some else's use of force. If they do not use force you may not use force yourself. There is a symmetry here: force for force, but no force if no force was used.
Stephan Kinsella