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Monday, May 10, 2010 - 7:02pmSanction this postReply
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On April 15, four Second Life property owners filed a class-action suit against Linden Lab, the online world's creator, alleging the company misled players into thinking they owned their virtual lands. People pay real dollars to Linden Lab for access to virtual land.
Can people actually 'own' virtual land?

Is this a logical extension of "intellectual" property rights? 

Our ideas about property rights evolve directly from medieval law about land.  Even today we call it "real estate" because (1) land was the only real property.  Tools, machines, books, even cash, were not real. and (2) title came from the state, i.e, from the crown.  The king made you "Baron of Graymatter" and the king could (and did) take your title away. 

In the industrial and commercial 18th and 19th centuries, new forms of wealth were protected with laws derived from those older folkways.  For instance, two people cannot be in the same place at the same time, so two people cannot own the same non-land property at the same time.  That led Ayn Rand (among many others) to consider the "airwaves" to be like land, claiming that the government's role was to prevent "jamming" of one broadcaster by another.  But, in fact, at that very time of the early days, "choppers" were created.  Choppers were electronic sequencers that let different signals share the same frequency.  In point of fact, even in the days of direct current wire telegraphy, Thomas Edison invented a means of quadriplexing signals so that four messages could share one wire at the same time.

The point is that technology pushed far ahead of the law... which is to be expected, actually...  We do not invent new laws for hypothetical cases.  The law always looks backward in time.

Our copyright laws are equally faulty in attempting to treat ideas (or their form of expression) as if they were land: exclusive and rival -- if I have it, you cannot; and my having some of it prevents you from having all of it.  Land is like that.  Whether television broadcasts are is another matter entirely.

Now, we have a new level of abstraction... sort of like the "derivatives" of property rights, what puts and calls are to actual possession.

(Edited by Michael E. Marotta on 5/10, 7:06pm)


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Monday, May 10, 2010 - 8:08pmSanction this postReply
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Michael:

I'm not being condescending but I appreciate the presentation and style of your posting. I'm not prepared to argue for or against your position but you made your point in a very understandable way.

Sam


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Monday, May 10, 2010 - 9:06pmSanction this postReply
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“Can people actually 'own' virtual land?”

Sure they can. In the sense I gather from the article, they can own what they paid for just as one can own naming rights if one paid for them. Such property is not physical, per se, but so what? If you sell someone naming rights then you can’t renege and walk away, citing the virtualness of it all.

Quadriplexing enhanced lines that had owners. It did not—as you try present it—obliterate ownership and require the owner to let three freeloaders onboard. Same for choppers.

And Edison would not have invented quadriplexing (or anything else) had he thought that every nitwit would be legally allowed to filch it. Quadriplexing wouldn’t exist. You must edit that from your post. He would have been on a farm, on the land. Land, the one true property.


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Wednesday, May 12, 2010 - 5:28amSanction this postReply
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Sam, it might be prejudice on my part because you live in Santa Fe, pardner, but I never thought that you were ever condescending toward me or anyone else.  You are pretty much an upfront kind of guy.  I cannot be alone in appreciating that and enjoying your company.

Jon, I agree 100% that wires are physical things that have to be created.  My point was only that the chopping that allowed wavelengths to be shared was a known technique and it suggests a different way to consider property.

Rand was not alone in this, but we know her works well and can use them in common for reference.

She said that the function of government in allocating frequencies was similar to the way they issue property rights from previously unclaimed land.  I point out that frequencies could be shared, that time slices are property.

Your assertion that land is real property is historically correct, but I think that it is not rationally derived.  (I don't mean that you are irrational.  I mean that it is not like geometry, proved logically.)  Take government.  Historically, from anthropology, you might say that it begins with the chief and the council of elders.  And even today we have the Senate (senior; senile) and when the President shows up the band plays "Hail to the Chief."  But if you wanted to design a government rationally, you would not start with a Chief and the Elders.  You might ask some other questions first.

So, too, here.  If we know that property has a time-dimension, then why does the government grant title 24/7/365 for perpetuity?  Why not grant title so that one person owns the land during the day and other at night?  (I agree upfront that there are potential problems, but no more for neighbors in time than for neighbors in space.)

In fact, intellectual property is time based.  Patents expire.  Copyrights expire -- or they used to before the Mickey Mouse Copyright Right.  Why don't rights to land expire?  Or, why are intellectual property rights not  perpetual like land?

So, for this problem, yes by contract you can buy this virtual space.  But that is not a right in the same sense as the government protects your right to your land.  And, again, the government does not protect your right to a patent the same was as it protects your land: you only get the right to sue; the army and the police are not there for patents and copyrights. 

So, if you want all rights to be derived from our ideas about land, then, the bottom line here is should the government map, plat, and entitle cyberspace?


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