Property, Intellectually · Thursday November 08, 2007 by Crosbie Fitch
- Property is that for which access and use can be physically controlled, and that which can be transferred, by transferring physical control.
- Property typically has an owner – the person or persons currently having physical control.
- Ownership can be obtained through creation, exchange, or gift.
- Gift includes abdication where an owner can vacate or discard their property whereafter it may become owned by whoever next takes possession.
- Access and use may also be obtained by non-owners who contract with the owner, e.g. rent.
Therefore, information can only be property when its access and use can be physically controlled – also known as ‘intellectual property’.
Physical control is not to be confused with the commercial privilege of exclusive manufacture of copies.
Manufacturing a copy or derivative of the property that one owns is a natural property right. This right is suspended in order to create the privileges of copyright and patent.