if you make a surrogate
and then you do an nft it's a different type of ownership
Old deeds of gifts may not cover the online posting of digital surrogates (and it sounds like the speakers have experience with this problem). And there are certainly needs for clarity around what an NFT "ownership" means relative to the original work.
if you buy an NFT that doesn't have any sale terms whatsoever,
what have you purchased? The answer is probably nothing. At least nothing that the law can protect.
Steven Brust's (quoted in my novel Walkaway): "Ask what's more important, human rights or property rights. If they say 'property rights ARE human rights' they're on the right." https://craphound.com/category/walkaway/
Staff, Jeff Neal/HLS News, May 4, and 2021. ‘Waiving COVID Vaccine Patent Rights? It’s Complicated’. Harvard Law Today. Accessed 11 May 2021. https://today.law.harvard.edu/waiving-covid-vaccine-patent-rights-its-complicated/.
James Bronterre O’Brien, told the people:‘Knaves will tell you that it is because you have no property, you are unrepresented. I tell you on the contrary, it is because you are unrepresented that you have no property …’16
great quote
The patent right is but the right to exclude others, the very definition of “property.” That the property right represented by a patent, like other property rights, may be used in a scheme violative of antitrust laws creates no “conflict” between laws establishing any of those property rights and the antitrust laws.
Thus the grass my horse has bit; the turfs my servant has cut; and the ore I have digged in any place, where I have a right to them in common with others, become my property, without the assignation or consent of any body. The labour that was mine, removing them out of that common state they were in, hath fixed my property in them.
It would be very interesting to discuss this and the surrounding passages in light of the armed standoff that occurred in either Oregon or Washington about a year ago regarding the use of federal lands for grazing purposes by the local ranchers.
Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property. It being by him removed from the common state nature hath placed it in, it hath by this labour something annexed to it, that excludes the common right of other men: for this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough, and as good, left in common for others.
Useful passage to point out the tension between "Civic virtue and the responsibility to the greater good (see end of passage) vs. individual property rights. Useful to frame discussions re: natural parks, utilitarian vs. preservationist perspectives on environmental policies, taxation policies & burdens, entitlements etc etc.
The ability to establish ownership claims to digital assets — of well-understood forms of intellectual property such as music, movies and books but also for emergent and increasingly critical ones such as computer code, digital art, user-generated data and metadata — will transform many of the 21st century’s largest negative externalities into a new asset class capable of powering the next economic revolution.
“You can’t have this horse. We want it,”
Just like that.. Knowing what kind of bond you can form with a horse, I'd be extremely upset if someone were to take one away that I'd had since I was a child just because they wanted it.
The innate qualities of intellectual pr operty, however, in combination with INTELLECTUAL PROPERTY: POLICY FOR INNOVATION 15 strong economic motivations have led U.S. intellectual property policy to operate according to rights - based, non - utilitarian theory, possibly as a result of lobbying (capture theory).
Lobbying has led to a rights-based non-utilitarian theory copyright policy in the US at the present time (2014).
The limit of any property rights that can be claimed in this manner are defined in the ‘Lockean Proviso’ which states that the aforementioned process of establishing private property only operates “when there is enoug h, and as good, left in common for others” (Bogart, 1985, p. 828; Locke, 1690, Chap. V, Sect. 27).
these traditional property rights, as suggested by Locke, depend on the scarcity of that property (1995, n. pag.). I f ‘Joe’ owns property and ‘Sue’ acquires it, then Joe no longer has it, and Sue has harmed Joe (by stealing). Joe’s property is scarce.
Keywords : anticommons, copyright, intellectual property, Lockean Proviso, patent, property rights, state of nature, trademark, utilitarian theory