Re: The tragedy of the commons

["W. E. Perry" <wperry@fiduciary.com>]

Miles Sabin wrote:

> If you're objecting to Steves talk about common ownership vs. individual
> rights of use (of the same thing), then you've not got a great deal to
> grumble about. Arguably these individual use-rights _constitue_ common
> ownership (tho' there are lots of subtleties here).

The salient point is that there is no *property* right at issue here. The
individual rights are a usufruct. The common right is a jurisdictional
privilege, rather than a question of ownership. Understanding that makes
it clear why the commons is an appropriate model for governing the use of
intellectual product. Please notice that there is no question of
intellectual *property*, only of product and its use.

Respectfully,

Walter Perry