[Air-l] ethics - aol data

[burkx006 at umn.edu]

On Aug 29 2006, Jeremy Hunsinger wrote:

>>In any event, intentional or not, once it's out of the  
>> barn, they
>> have no ability -- which is to say no property right -- to prevent  
>> its use
>> by whomever happens upon it.
>>
>
>ahhh, I was arguing that they 'owned' it before they released it, not  
>after that (i don't know what status it would have now).   

But that's an odd conception of "owned," isn't it? I still own my horse, 
even after it gets out of the barn, because I hold a property interest in 
it.

>I thought  
>that they released it under license originally.

Could be. I can keep you out of the barn on the basis of my property right 
in the barn. That's different than my property right in the horse. If I 
grant you a license to take the horse out of the barn, any claim I have for 
breach of our agreement is against you. But if I have property rights in 
the horse, I have a claim against anyone who grabs it once it is out of the 
barn, license or no. DLB


-- 
Dan L. Burk
Oppenheimer, Wolff & Donnelly Professor
University of Minnesota Law School
229 19th Avenue South
Minneapolis, MN  55455
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