Yes: your code IS property. It is YOUR property.
Date: Tue Jan 01 2019 - 18:51:37 EST
he compares lending a physical object to licensing intellectual
Why are you still LARPing as a laywer?
The foundation of this law IS in property law.
Copyright is alienable in all ways that property is (see: US Copyright
That is where you get the ability to LICENSE software, books, music, etc
to begin with.
The Copyright act announces that these ethereal concepts, these things
that are not in reality something one can truly physically extend
dominion and control (ownership) over... are never the less... to be
treated as such.
Yes, a License, first and foremost, is a PROPERTY law concept. Property
which you can defend, which you can build walls around, which you can
enclose, from which you can eject trespassers.
An Idea? A song? Can one eject a tresspasser from that? Can one ever
rape a mind of an allready-recieved idea?
Can one cut from the grasp of an interlocutor, this supposed Object ...
No. Not in reality.
But the Copyright Act declares differently.
It declares that these incorporeal concepts be imagined to be that piece
of land on which your stronghold sits, onwhich your implements of
defence are trained from the high towers you have erected.
It declares that a Song, A piece of litererature, every copy there-of,
all-in-the-same, is not a wisp upon the wind...
but a piece of land, or some personal implement such as an ax.
And that you can, indeed, cut from the grasp of some theif this ax, you
can cut his fingers one by one until that Ax of yours falls from his
countenance back into your possession.
And the way this is done is by the destruction of all offending
articles: which a court may order, and or the punishment of those who
would violate the property rights of the owner, which again the court
So yes, intellectual property is... like a physical thing. Because the
law says it is.
Even though you cannot even prevent yourself from knowing that which is
thrust upon you...
Here the property owners, who came to be property owners at the fixation
of the article (that is: when the code was written down), chose not to
transfer their ownership in the article. Instead they, after reading the
Copyright Act, elected to a different from of Property alienation.
A rather limited form known as a license. Permission. A temporary grant
which, at their time of choosing, they may end.
Since this grant makes no mention of them selling off their right to
rescind the permission, and since, indeed, forbearance of said right was
not sold, there is no attached interest with which to bind their hand.
They may rescind.
If you don't like that: pay them for a forbearance.