Re: OMG!

["Frank Townsend" <ftownsen@iamdigex.net>]

You are confusing the subject matter of property law (land, chattels,
creative work, trademark, invention) with the legal concepts (real property,
personal property, intellectual property).

Your point really is that tangible property is tangible, and intangible
property is not tangible (which I agree is true).

The point I made is commonly accepted by courts and scholars.  To quote
Jeremy Bentham:  "Property and law are born together, and die together.
Before laws were made there was no property;  take away laws and property
ceases."

Note that he was not discussing intellectual property.

Other scholars state: Note that the thing, land or chattel would still be
there even in a state of anarchy and that man could stand over it growling
like a dog, but we could no longer call it property."


"Matthew Russotto" <russotto@wanda.pond.com> wrote in message
news:4OsR6.49398$W14.3437280@e420r-sjo2.usenetserver.com...
> In article <dOgR6.555$Uj5.143012@typhoon2.ba-dsg.net>,
> Frank Townsend <ftownsen@iamdigex.net> wrote:
> >Real and personal property are as much creatures of the law as
intellectual
> >property.
>
> Uh uh.  Personal property in particular is something I can point to
> and hold on to.  Real property is something I can build a fence around
> and defend.  While a lot of law has been built up around them, there
> is something pre-existing that law at the center.
>
> Intellectual property, on the other hand, is only a creature of the
> law.