TallDarkAndWitty
Posts: 1893
Joined: 6/12/2004
From: Rochester, NY
Status: offline
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quote:
ORIGINAL: NeedToUseYou
Here's the difference in your example, You never in the USA have true Ownership of Intellectual Property. The government does, you don't. You are granted exclusive rights for a set period of time to use it as you see fit. Then the government removes your exclusive rights after a period of time. In that example the Government owns all Intellectual Property, we as individuals are only granted temporary rights, that can be revoked by the U.S. Government if they feel the Intellectual Property is vital for the nation. So, the flaw in your logic is you are assuming false ownership. You never owned it even in the weakest sense of the word, you were "granted"(similiar to lease) exclusive "rights" by the Government(True Owner) for a period of time. Just because you have temporary rights, isn't the same as ownership. It sucks but that's the way it works.
Ok, if I am able to sell it, I must own it, right?
I sell something to someone, and they use it. It then expires. Whatever I sold to them, they only owned for a temporary time. And they owned it, cause they could sell it too. But they only owned it until it expired.
I disagree with your statement that the Government owns the intellectual property. That simply isn't how it works. The holder of a patent owns that intellectual property. If you want to argue that the government doesn't really take away ownership once a patent expires, I might agree with you. The government simply stops protecting your rights of ownership. So you could say that your ownership of said property is permanent (unless you sell/trade/give away), and just that the protection of that property is temporary.
So you want to know of some property that is normally possessed for a short period of time, other than my example...I will think on it and see if I can find an example.
Taggard
Edited to add some examples of temporary ownership as used on the WWW (thank you Google):
Apparently in Azerbaijan, a lease is considered temporary ownership:
quote:
748-2.1 Object of leasing, transferred to lessee for temporary ownership and use, shall be a property of lessor.
748-2.2. Ownership rights and the right to use the object of leasing shall fully be transferred to lessee, unless otherwise is specified in the leasing agreement
Here is some legal document that discusses the ramifications of temporary ownership:
quote:
These clients have been told by others (including some persons
at the Department of Justice) that their temporary ownership of the
public accommodation is a consideration in determining whether or
not there is an affirmative obligation to remove barriers under the
cited sections.
Apparently they have temporary ownership in Poland:
quote:
27. Under Article 7 of the 1945 decree, former owners had the right to lodge an application for temporary ownership of their plots (własność czasowa). The authorities competent to deal with such applications first had to examine whether the plots concerned had not been designated for public use. If they considered that granting temporary ownership to former owners would not be incompatible with public use, a decision could be made in favour of the former owner.
< Message edited by TallDarkAndWitty -- 2/17/2006 8:08:03 PM >
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RE: Ownership is not ownership, unless it is forever... - 
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