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

Ken Schaefer Ken at adOpenStatic.com
Fri Oct 26 06:49:16 CDT 2007

If we are talking English common law here, then "real property" has nothing to do with the word "Royal" or royalty.

>From "Property Law" (Sackville and Neave, p60)

"If the person dispossessed of an object could recover that object (the res) as of right it was classified as real property. The distinguishing characteristic of real property was the quality of being specifically recoverable in a 'real' action. Objects not so recoverable were regarded as personal property. A person dispossessed of such objects had a 'personal' action for damages against the wrongdoer, but was not entitled to an order requiring the wrongdoer to deliver the actual object. Since only land was specifically recoverable under the early common law, it followed that the category of real property was limited to land."

Real property can then be classified into corporeal heriditaments (land) and incorporeal heriditaments (e.g. an easement or way)


-----Original Message-----
From: thelist-bounces at lists.evolt.org [mailto:thelist-bounces at lists.evolt.org] On Behalf Of michael ensor
Sent: Friday, 26 October 2007 6:51 PM
To: thelist at lists.evolt.org
Subject: Re: [thelist] it's intellectual, but is it property? (was RE: GNU / GPL)

----- 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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