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The problem here is that you (and mtgx) are using the word "property" in a different way to the way lawyers use it, which is the way it's used in "intellectual
by SEMW 13y ago
The problem here is that you (and mtgx) are using the word "property" in a different way to the way lawyers use it, which is the way it's used in "intellectual property".
To a lawyer, some bundle of rights is a 'property' right if it has a particular set of characteristics, such as being transferable and binding the world.
By the legal definition, patents, copyright, and trademarks are definitely (intangible) property rights. (Well, mostly: in the UK a few of the rights in copyright, known as 'moral rights', aren't property rights: they give you an action in tort only, and can't be transferred).
So e.g. you say "patents is a license to manufacture ... the product exclusively for some years". But this doesn't work. No kind of licence can give you the right to sue a third party: a licence can only stop you from being sued. (An 'exclusive' licence is just one where you the licensor has contracted not to grant a licence to anyone else). To sue a third party (who's made the product without a licence), you need the patent to give you a property right.
(IANAL).
- Zigurd 13y agoIt would be equally correct to call them monopolies or, if you want to be really precise, "limited term monopoly grants." In the debate over the patent and copyright clause, the term "monopoly" was used. "Intellectual property" is as tendentious as Stallman says.