Kinsella vs. O’Beirne Debate: “Should Free Cities Protect Intellectual Property?”

by Stephan Kinsella on September 6, 2026

KOL497 | Debate: “Should Free Cities Protect Intellectual Property?” Free Cities Foundation Annual Conference — Próspera, Honduras 2026:

Kinsella on Liberty Podcast: Episode 497.

Yesterday (Sep. 5, 2026) I participated in the debate: “Should Free Cities Protect Intellectual Property?” with IP attorney Brian O’Beirne, moderated by Tipolis CFO Alex VossTopic, held at the Free Cities Foundation annual Conference, Próspera, Honduras, Sept. 4–7 (Sat. Sept. 5, 2026) (SK profile; O’Beirne profile) (see Free Cities Foundation Annual Conference — Próspera 2026).

I spoke for 4 minutes, then Brian, and then we had an exchange and audience questions for the remaining time. It was very civil unlike some other debates I’ve participated in.¹ Transcript and shownotes below.

Shownotes and Summary

Overall Summary of Debate

At the Free Cities Conference in Próspera, Alex Voss moderated Stephan Kinsella against Brian O’Beirne on whether intellectual property is legitimate and what a free city should do about it. Kinsella argued that property exists only to allocate scarce, rivalrous means (self-ownership, first use, contract, restitution); ideas are guides to action, not ownable things. Patent and copyright are statutory privileges—historically Crown monopolies and press control—that impose unconsented negative servitudes on other people’s property, block independent inventors, enrich large firms, and should be abolished. O’Beirne treated IP as a right in human ingenuity and a last individual defense against corporate oligopoly and central banking. He granted that the present code is broken (thickets, trolls, life-plus-70) but said abolition would hand creators’ work to those same firms; the answer is reform, sector-scaled terms, and symmetry of rights, not erasure.

On practice they were closer. Both said Próspera should not pick a treaty fight that threatens the zone. O’Beirne wanted opportunistic protection to attract builders (CAFTA-DR/TRIPS, Infinita). Kinsella wanted the lightest lawful touch—no treble damages, no criminal copyright, shorter terms, Founders’ copyright, no software copyright—and stressed that patents are territorial, so skipping a local patent office does not stop U.S. or European filings and is largely irrelevant for exporters. Audience questions (expiry of “property,” fire and the wheel, trademarks, pharma/FDA) replayed the same split: O’Beirne qualified rights by the common good and novelty; Kinsella called consistent IP perpetual, the patent-bargain a myth, and patents a patch on the FDA.