Class 4: Reaction Paper
Margaret Jane Radin writes about the tangibility of information. She discusses the concept of whether internet property should be accorded the same treatment as real property. At one point, she discusses the concept of “cybersquatting” Similar to physically squatting on someone else’s property, cybersquatting is identified when a trademark owner feels that his/her trademark is being infringed upon because someone else is using a domain name consisting of the same or similar words. While discussing the concept of “cybersquatting”, she brings up a very good point: “Perhaps the ‘squatting’ metaphor would not have been so powerful if the asset had not been called a ‘domain’ in the first place.
Let’s think about timeshares. Many people own timeshares all over the world and many of these owners are deemed to own “real property”. However, you don’t actually own any physical piece of that property. You merely own the right to live in that location during a specified time.
This is where I would like to subject you to my opinion that internet property should absolutely be accorded the same treatment (and respect) as real property. Physical items get assigned a value, based upon how much people are willing to pay for that item. This value can go up or down based on many different factors. One of these factors could be the amount of time it takes a person to make a custom piece of jewelry. Another could be the fact that your item is unique to itself and cannot be replicated. Similarly, products of the internet can be assigned a value based upon those very same factors. Whether or not they should be treated as real property is a no-brainer in my opinion.
- Carmen Seto
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