What is an idea itself? When did intellectual property rights come into play? How does the Internet complicate this?
Who determines who owns what? History has determined it all comes down with who has the resources, finances, networking and the technology. I thought of that immediately when Kinsella mentioned the bundle of rights, when property rights and mineral rights (once together) were separated to benefit who? The rich oil companies.
Let's think about cookbooks of other peoples culture/cuisine. Cuisine itself is a merge of ideas. An elongated history of the movement of foods and spices around the world. Who wrote the first cookbooks though? Those who had access to the technology. This made for those privileged enough to travel, write and publish to be able to profit off another persons culture and "intellectual property". It's impossible to find the first occupier (Kinsella reading) of the recipe or even of a genre of music.
Same thing applies to the Internet. As Kinsella mentioned about property borders, there are none on the Internet. The exchange of ideas are occurring faster and faster and it gets hard to track IP. It gets complicated on this virtual world we connect to.
In the online environment it is relatively easy to maintain an anonymous identity, using "offshore" Internet service or servers, for example, infringers can dodge legal action initiated by courts or administrative bodies in the countries in which they have a virtual presence and in which they generate profits. (WIPO)
I think the Internet is still in a phase where they have yet to determine legalities for IP. Last week I posted a question on Twitter if any of you thought playing video games on Youtube or other platforms were a violation of fair use because I had read an article about how a video was removed by Google. You can read more of it here where Stanford lawyer Rajan says it is uncharted territory and hence, no legal outcome was made.
It even gets more complicated as we get down to domain. I thought of that when reading Kinsella's example of rights to a sword made by one owns steel from one owns property that one dug up and made him or herself. Same thing applies to our websites. Most of us are using WordPress, a platform making it easier for us to post our ideas. But who owns them? According to an article by Smart Blogger, whatever you post through "your site" on WordPress.com is their own property. They have the right to "terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately."
If you are for IP, I respect your opinion. I understand and saw what high impact IPR is to the US economy. At the same time, Im not saying I agree with being able to buy an obviously fake Chanel shower curtain super cheap on Ebay. There does need to be trademark protections, but intellectual or ideas as property is non existent. Ideas, as Kinsella states, are resources not property. If you argued for IP then how were you even able to form your argument without the free information you were able to find on the web? If it weren't for the free flow of ideas, things like Facebook might not even exist. According to the media, Zuckerberg "stole" the idea from Winkleloss, but after reading more Winkleloss's idea was to create a platform for Harvard students only. This is an example of the ongoing process of exchanging ideas to build the society and world as we know it.