Take a recent post from Troy Camplin - an Austrian blogger
"One of the things the Mises Institute is big on is opposing intellectual property. In that spirit, I have decided to try something, which is to offer one of my plays, a satire called Hef's Bunnies for anyone who wants to produce it. The entire text is on my blog Interdisciplinary World. Producers may feel free to pay me a commission, or not, as I discuss there. Please, feel free to spread the word. Only if it gets produced will this experiment work, after all."
On his other blog, Camplin provides much the same introduction to the satire. He says "I've decided to give their idea a try". The problem is, he's not giving a rights regime that does not include intellectual property rights "a try" at all! He is decidedly acting within the existing IP rights regime. He is exercising a fairly conventional right to alienate his property. The same goes for collectivists who "give up" private property in communes. They are actually exercising fundamental property rights. Now, perhaps they are building a social group which, within its own context, does not acknowledge and therefore does not enforce rights in the same way that the wider community does. In this sense they are attempting at least to socially re-construct rights. But the regular failure of these communes demonstrates not only the efficiency of property rights, but also how ingrained these rights are in our psychology. Commune dwellers could live in squalor, after all. The squalor of an American commune dweller is probably better than the way a lot of the third-world lives, and there may even be bit of romance in it given the common cause they share. It doesn't break down for the squalor alone - it breaks down because people find deliberate social reconstruction quite unnatural.
But at least they have a "society" to speak of - a social fabric - and thus some prospect of erecting a substantially new rights regime! Troy Camplin doesn't have a social fabric. He is one guy exercising his property rights, which is why it's so ironic that he thinks he's experimenting in dismantling the very property rights he's exercising.
Rights are social. Rights are relational, to put it more precisely. You can't change a regime of relations by staying within the domain of your own relational priveleges. You have to at least do something yourself that transcends the rights you had in the first place, but even that doesn't construct a new rights regime. That just rebels against the old. A better example is Julian Assange at Wikileaks. He is doing something that actually breaks out of the constraints placed by the existing property rights regime. Now he's just violating that rights regime until it catches on, of course. Until society reconstructs its understanding of rights. But Assange's work can at least be properly characterized as an "experiment" in an alternative intellectual property rights regime. He is not exercising the rights he has in the existing regime in the way that Camplin is.
Kidrock did a youtube video a while back that was actually trying to discourage IP theft in the music industry by facetiously saying it was OK, and people oughta just steal everything while they were at it. Now, he wasn't sincere here - but this is similarly what "experimenting" in a new rights regime would constitute. Not an exercise of rights you have, and not an opportunistic violation of those rights, but the erection of a new ethical alternative to those rights - the promotion of a basis for a new rights regime:
Anyway, rights are socially constructed which means its very hard for determined individuals to just create them from scratch. And you're certainly not creating them by exercising your existing property rights!!!