[thelist] it's intellectual, but is it property? (was RE: GNU / GPL)

michael ensor edc at wnc.quik.co.nz
Fri Oct 26 03:51:09 CDT 2007

----- Original Message ----- 
From: "Joel D Canfield" 
To: <thelist at lists.evolt.org>
Sent: Friday, October 26, 2007 6:10 PM
Subject: [thelist] it's intellectual,but is it property? (was RE: GNU / GPL)

: Yeah, I can agree with that, to an extent. There's a reason the physical
: stuff is usuall referred to as 'real property' (and some of it as 'real
: estate' - think for a minute about what 'estate' means) which is that
: there are other kinds of 'property' than that which is 'real', or
: physical, tangible.
: Interesting stuff, in any case.
: joel

Good reasoning, but in the interests of accuracy it is incorrect.
Real property is 'Royal' property and only refers to land. Another
class of corporeal heriditaments is chattels [ moveable property ].

Incorporeal heriditaments include things like debts owed and patents
and other forms of intellectual property such as copyright.........

In other words the law has developed for reasons which owe more 
to feudalism than logic and we cannot escpae the dead hand of history </g> 

[And an estate in fee simple, ie freehold, was the highest estate in land
that a subject could own...]


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