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Yes. I think the key point here is that property is treated in law as a right, but copyright functions as an anti-right.

I'll try to explain what I mean by anti-right though I'm unpracticed here.

(1) Society is oriented around a presumption of live-and-let-live. Most laws give rights that state the boundary of live-and-let live, and these are positive rights.

(2) In the case of copyright, only the creator has the ability to live-and-let-live in the context of the protected thing: everyone else is restricted from it. Hence, this is a negative right, or "anti-right".

When rights and anti-rights clash, you get nasty situations develop where they can't all be true at the same time.

i.e. in order to make IP anti-rights work, the laws need to inhibit 'real' property rights.

i.e. I am not allowed to do things with magnetic signals in the privacy of my own home because that impedes an anti-right that the government has granted to someone else.

If you build complex software with a permissions model that contains both positive and negative permissions (i.e. where a user has a permission that is "can't see" something rather than being a positive right), you'll find similar nasty situations develop.



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