The Bangus Ultimatum

Now, there are different kinds of properties.
We have real property, personal property, and
intellectual property. Each kind has its own
set of rights. Unlike real property, you can?t
split rights in intellectual property. Either
you own all or disclaim all rights in intellectual
property. With real property, you can split
rights such as selling right of water to one
person but keeping the rest of rights for
yourself.

Let?s look at the true meaning of ?public
domain?. Domain means land or property and
because it is a property, comes with a set
of rights. In case of works covered by
copyright and inventions covered by patent,
when works or inventions enter into (or return
to) the public domain, it means that the
public (meaning all people) owns them as
a government would own public land. Because
there is no one who would exclude others
from owning the works and inventions, the
public domain results in total freedom.

Ownership is a fundmental concept in copyright
(and patent) because it opposes the natural
right. Natural right, according to those who
support it, is supposed to be perpetual, which
is contrary to the freedoms of communication and
knowledge. This also explains why FSF?s usage
of ?free? is misleading (i.e. GPL retains the
ownership in software and therefore, is never
free as in freedom of speech).

You have a point in your worry that people will
try to propagate the concept of perpetuality
from real property to intellectual property.
But, that is not possible due to the limited
times clause in the U.S. Constitution. Your
worry should be on the attempt by some people
to replace property rights in copyright and
patent with natural (and moral) rights.