Ready to explore the fascinating world of ownership, its complexities and implications? Ever wondered who has the right to control the air above your property or the water beneath? Curious about how copyright laws can both protect and stifle creativity? From the ancient principle of attachment to modern legal disputes, discover how ownership is the invisible scaffolding of our society, shaping every struggle over resources.

Mine!: How the Hidden Rules of Ownership Control Our Lives

The Supreme Court of the United States offers an incredible experience where anyone can witness critical cases on issues like abortion, gun control, and religious freedom. However, getting a seat is tough because of the limited availability and high demand. 

To secure a spot, people line up a day or more in advance, often swapping their places with well-dressed individuals at the last minute—thanks to a booming business of paid line-standers. Companies like Linestanding.com and Skip the Line pay people to hold spots for clients willing to spend thousands to avoid the wait.

The trend isn't limited to the Supreme Court. From Broadway tickets to new iPhones, paid line-standers and bots have transformed the first-come, first-served principle. For instance, ticket scalpers use bots to snap up tickets for popular shows like Hamilton, reselling them at high prices. Even Disney theme parks have adapted, offering FastPass+ and Private VIP Tours to those who can afford to skip lines.

This shift from a time-based to a money-based system raises questions about fairness and democracy. The traditional first-in-time rule, rooted in ancient Roman law, has long been a default for establishing ownership. But today, it’s being re-engineered to serve different interests. Duke University, for example, uses a unique system to distribute basketball tickets, ensuring that only the most dedicated fans, the "Cameron Crazies," get prime spots by making them camp out for days.

Similarly, Disney has mastered queue management, offering FastPass+ and Private VIP Tours to accommodate different levels of willingness to wait or pay. These strategies not only enhance customer experience but also maximize profits. Even city planning has adopted dynamic tolling, where solo drivers can pay extra to use carpool lanes, balancing traffic flow and revenue.

This evolution in ownership and access is not just about convenience; it’s a reflection of changing societal values. The first-in-time rule, which seems fair and democratic, often leaves value on the table. By contrast, systems that prioritize those who can pay more create a new dynamic that can be seen in everything from college basketball tickets to Disney rides. As we navigate these changes, we must consider what values we want to uphold in our society.

Is the First-Come, First-Served Era Ending at the Supreme Court and Disney?

Growing up in snowy urban America means dealing with the notorious parking chair—an unofficial yet powerful symbol of possession. After shoveling your car free from a snowstorm, you might leave a chair to save your spot, a practice known as "dibs" in Chicago or "savesies" in Philadelphia. This custom, while unofficial, is often respected and is a vivid example of how physical possession claims can control public spaces.

In Boston, this practice sparked debate. South Boston residents clung to their space-savers, seeing them as a way to preserve neighborhood identity amid change. Yet, in wealthier neighborhoods like the South End, residents pushed back, leading to a "space-saver-free" initiative. This conflict highlights the power of physical possession, a primal instinct hardwired into us from infancy, influencing our sense of ownership.

Even Nobel Prize-winning economists have shown that once we possess something, its value increases in our eyes, a phenomenon known as the "endowment effect." This principle is evident in everyday situations, like how we react when someone takes a cereal box from our shopping cart before we’ve paid for it.

Possession also plays a role in larger societal issues, like adverse possession—a rule that can grant ownership to those who openly use land long enough. This was evident in a case involving the Kirlins, who lost part of their land to neighbors claiming adverse possession.

Globally, possession claims fuel conflicts, from Jerusalem to Crimea, and even influence art repatriation debates. Yet, not all possession is physical. Symbolic possession, like a jacket on a movie seat or a towel on a beach chair, communicates ownership and can lead to disputes, such as those seen on Southwest Airlines flights.

Possession, whether physical or symbolic, is a powerful yet contentious basis for ownership. It is both deeply ingrained and constantly evolving, with technology and societal changes challenging traditional notions, but it remains a fundamental aspect of human behavior.

The Power of Possession: From Boston's Parking Chair Wars to Nobel Insights on Ownership

What's your most vivid image of Dr. Martin Luther King Jr.? For many, it's his "I Have a Dream" speech. Delivered in August 1963 on the steps of the Lincoln Memorial before a crowd of 250,000, King passionately envisioned a day when his children would be judged by their character, not their skin color. This speech remains one of the most celebrated in American history.

Yet, shortly after giving this iconic speech, King’s lawyer registered it for copyright, transforming his legacy into a brand controlled by King Inc., a for-profit company managed by King's younger son, Dexter. This has led to numerous legal battles over the use of King's words and likeness, including incidents where King Inc. charged hefty fees for using his speeches and image, even for educational and memorial purposes.

On the one hand, King's speeches are his intellectual labor, and he should reap where he has sown. On the other, it raises questions about who should own intellectual labor and for how long. American law typically encourages copying because people don’t necessarily need ownership to be creative. King’s speech was not written for monetary profit but to transform civil rights in America.

Ownership of intellectual labor isn't a simple binary choice. It involves deciding who to reward, with what rights, and for how long. This decision impacts everything from the speeches we hear to the fashion we wear and the drugs we depend on. Historical examples like the Homestead and General Mining Acts show how American ownership laws have evolved to reward certain types of labor, often leading to significant consequences for society.

Ownership also plays out in unexpected places. For example, Disney's aggressive protection of its intellectual property rights, from Mickey Mouse to its other characters, shows how ownership can extend far beyond its original intent, stifling creativity and access. Similarly, the right of publicity has evolved to give celebrities (and their estates) control over their commercial personas, creating another layer of ownership complexity.

This ownership gridlock can impede innovation, as seen in the pharmaceutical industry, where overlapping patents can block the development of new drugs. It’s a reminder that sometimes, rewarding labor less can spur more innovation by reducing the number of tollbooths along the path to creativity.

In many creative industries, from fashion to comedy, the absence of strict intellectual property rights hasn’t hindered innovation. Instead, strategies like first-mover advantage, shaming, social media, and growing the pie have effectively rewarded creators. Even Disney has shifted to a more tolerant stance towards fan-made products, recognizing the value of fan engagement.

The debate around genetic data ownership highlights the ongoing struggle to balance individual rights and industry benefits. While the industry often uses contracts to secure rights, there’s a growing call for more transparent and equitable ownership models that respect individual contributions.

Ultimately, ownership is a social engineering choice. Each generation must decide how to balance the interests of creators, consumers, and the broader public to foster innovation and access. Whether it’s fashion, genetic data, or King’s speeches, the challenge is to design ownership rules that promote creativity and benefit society as a whole.

Is Dr. Martin Luther King Jr.'s Legacy Being Held Hostage by Copyright Laws?

In 2015, William Merideth shot down a drone over his Kentucky property, sparking a legal debate about property rights and airspace. Merideth, who dubbed himself the droneslayer, argued that the drone was trespassing, likening it to someone standing in his backyard. The case was dismissed, raising questions about ownership of the airspace above private land. 

This story highlights the ancient principle of attachment, where ownership extends to resources connected to one's property. Historically, landownership was said to reach "up to the heavens and down to hell," but legal boundaries have evolved, especially with new technologies like drones.

The concept of attachment influences modern legal disputes, such as the fiddlehead fern wars in Maine, where landowners and foragers clash over foraging rights. Historically, Americans enjoyed a "right to roam," but rising commercial interests have shifted laws toward landowner attachment. Similar conflicts arise with buried treasures, where landowners like Jann Wenner of Rolling Stone claim ownership over found gold coins on their property, reflecting a trend toward landowners overpowering finders.

Attachment also plays a role in water rights, as seen in California's Central Valley, where farmers over-pump groundwater, leading to dry wells in poorer communities. Texas's rule of capture allows landowners to pump as much water as they want, highlighting the challenges of outdated attachment rules in times of scarcity. Meanwhile, oil drillers have addressed similar issues with unitization, a collective ownership model that maximizes resource extraction without depleting fields.

Attachment extends to beachfront properties, where rising sea levels and beach nourishment efforts in Florida have shifted ownership of new sand to the public, against the wishes of private landowners like Linda Cherry. Internationally, China's construction of artificial islands in the South China Sea demonstrates attachment's geopolitical implications, as nations vie for control over new territories and their resources.

In urban settings, attachment reaches into homes, as seen in condo associations enforcing pet bans, leading to legal battles over personal freedoms. The case of Natore Nahrstedt and her cats illustrates the tension between individual rights and community rules. Similarly, disputes over solar panels and trees, like those between neighbors in Sunnyvale, California, highlight the challenges of balancing modern environmental needs with traditional property rights.

As emerging resources like wind power and drone airways pose new ownership challenges, society must continually adapt attachment principles to ensure fair and efficient use of shared resources. Whether through legal reforms, technological solutions, or economic incentives, the evolving landscape of ownership requires thoughtful design to navigate conflicts and foster sustainable growth.

DroneSlayer and the Evolution of Property Rights

Levy Rosenbaum, dubbed the "Robin Hood of Kidneys," ran an illegal but life-saving business, matching kidney donors with those in need—for a hefty fee. Despite the high cost, many saw him as a hero, arguing that both donors and recipients were content. However, his methods included coaching donors to lie and carrying a gun, leading to his conviction and imprisonment. 

The global ban on organ sales raises ethical questions about self-ownership and the right to sell parts of our bodies. America’s stance contrasts sharply with Iran, where organ sales are legal, and no one dies waiting for a kidney. Critics argue that selling organs exploits the vulnerable, but voluntary donations fall short, causing thousands of unnecessary deaths annually.

The debate extends to other bodily resources like eggs, hair, and even surrogacy. Wendy Gerrish, an acupuncturist, supplements her income by selling her eggs, highlighting the lucrative yet controversial market. Egg donors are often selected based on desirable traits, inciting ethical concerns akin to eugenics. 

Ownership rules for bodily resources vary widely across states and countries, reflecting differing views on what constitutes exploitation versus autonomy. The legal landscape is a patchwork, with some places allowing transactions that others prohibit outright.

In sports, Curt Flood’s fight against the MLB reserve clause reshaped athlete self-ownership, leading to free agency. Yet, noncompete clauses still bind many workers, from athletes to fast-food employees, limiting job mobility and echoing historical restrictions on personal freedom.

As science advances, the question of who owns parts of our bodies—like John Moore’s cells used in lucrative research—becomes more pressing. Courts often prioritize scientific progress over individual rights, but there’s a growing call for fair compensation and respect for self-ownership.

Ownership design is complex, balancing freedom, dignity, and market forces. The dimmer switch metaphor suggests a range of possibilities beyond strict prohibitions or unfettered markets, urging thoughtful consideration of where to draw the line.

Is Robin Hood of Kidneys a Hero or Villain in the Battle Over Organ Sales?

Valuable things rarely stay put for long; they move from one owner to another through purchase and sale. But how did the original owners assert their claim? This narrative explores the sixth claim of ownership based on family ties: "It's mine because it's in my family." Property often changes hands during critical family moments like death and marriage, creating mountains of wealth and plains of poverty. Through inheritance tales and divorce puzzles, we uncover the intricate rules governing family ownership.

Consider John Brown’s farm in Mississippi, owned by a family who cherished it. A distant cousin sold his share to an outsider, leading to the farm being auctioned at a low price, ending family reunions. This story reflects a broader issue: Black farmland ownership has drastically declined due to obscure family ownership rules, discrimination, and partition sales.

For example, freed slaves once owned nearly a million farms, but today, Black families own fewer than nineteen thousand farms nationwide, a stark contrast to white-operated farms. The decline stems from inheritance laws that split ownership among heirs without a will, leading to partition sales often controlled by unscrupulous buyers.

The solution lies in ownership design. Some European countries have laws that prevent forced sales and help maintain family farms. Inspired by this, the U.S. Uniform Law Commission proposed reforms to protect heir property. Seventeen states have enacted some version of this law, offering rights of first refusal and options to buy heritage land at auction. However, a comprehensive approach is needed to manage heir property effectively.

The history of Black land loss significantly contributes to the racial wealth gap. Ownership design can either perpetuate inequality or foster cooperation and shared wealth. As the narrative unfolds, it reveals the importance of thoughtful estate planning, understanding marital ownership rules, and making informed decisions to protect family assets and relationships.

In short, ownership rules shape our lives profoundly, from inheritance to marriage. By understanding and addressing these rules, we can prevent future loss and create more equitable ownership structures.

Preserving Legacy: Addressing the Decline of Black Farmland Ownership

Ownership is the invisible scaffolding of our society, shaping every struggle over resources, from climate change to digital freedom. The future of ownership can be seen in the battles over scarce resources, like water and digital content, and the innovative ways we address them.

Take New York City's water system, for example. Faced with the need for a costly water treatment plant, Al Appleton, commissioner of the NYC Department of Environmental Protection in 1990, looked to upstream solutions. Instead of building the plant, Appleton invested in restoring the natural landscape of the Catskills watershed, negotiating with local groups to maintain water quality. This innovative approach, which saw city funds directed towards preserving natural resources, has proven cost-effective and environmentally beneficial.

Similarly, the transformation in Alaska's king crab fishery illustrates the power of ownership redesign. The dangerous race to capture crabs, depicted in the reality show "Deadliest Catch," was mitigated by the introduction of catch shares. This system allocated specific fishing quotas, stabilizing the crab population, improving safety, and increasing profits. The success of catch shares has spread globally, showing how ownership can be structured to ensure sustainability.

In the digital realm, ownership is even more complex. Consumers like Anders G. da Silva and Linn Nygaard discovered that their digital purchases were not as permanent as they thought. Companies like Apple and Amazon retain control over digital content, often revoking access without warning. This shift from physical to digital ownership challenges our traditional notions of possession and control.

The sharing economy, popularized by platforms like Airbnb and Uber, further complicates ownership. It promotes temporary use over permanent possession, raising questions about community, wealth-building, and personal connection to material goods. While it offers convenience and efficiency, it also risks eroding the sense of permanence and attachment that traditional ownership provides.

As we navigate these changes, it's crucial to recognize who controls the rules of ownership and to advocate for fair and sustainable practices. Whether dealing with natural resources, digital content, or shared services, understanding the hidden rules of ownership can help us shape a better future for all.

Can Innovative Ownership Models Save Our Future Resources?

Witnessing Supreme Court cases is a coveted experience due to high demand and limited seating, often leading to people hiring paid line-standers to secure their spots. This trend extends to other areas like Broadway shows and new tech releases, reflecting a shift from time-based to money-based access systems. This change raises questions about fairness and democracy, challenging traditional first-come, first-served principles.

Ownership and possession, whether physical or symbolic, play significant roles in society, influencing everything from local customs to global conflicts. This deep-seated instinct shapes our sense of ownership and can lead to disputes over resources, rights, and spaces.

Intellectual property rights, such as those around Dr. Martin Luther King Jr.'s speeches, highlight the complexities of ownership and control over creative work. Copyright laws can both protect and restrict access, impacting innovation and public benefit. The balance between rewarding creators and fostering creativity is crucial in various fields, including pharmaceuticals and fashion.

Attachment principles, where ownership extends to connected resources, affect modern legal disputes and resource management. As new technologies and environmental challenges emerge, adapting these principles is essential for sustainable and fair resource use.

The debate over bodily resource ownership, such as organ sales and genetic data, underscores the tension between autonomy and exploitation. Legal frameworks vary, reflecting different societal values and ethical considerations.

Inheritance and divorce laws significantly impact property distribution within families, often perpetuating wealth inequality. Reforms like the Uniform Partition of Heirs Property Act aim to protect vulnerable groups and promote equitable distribution.

Ownership rules shape societal dynamics, from resource allocation to personal freedoms. Understanding these hidden structures is key to addressing contemporary challenges and fostering a more just and sustainable future.

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Mine!: How the Hidden Rules of Ownership Control Our Lives

Michael A. Heller

Ready to explore the fascinating world of ownership, its complexities and implications?

Ever wondered who has the right to control the air above your property or the water beneath?

Curious about how copyright laws can both protect and stifle creativity?

From the ancient principle of attachment to modern legal disputes, discover how ownership is the invisible scaffolding of our society, shaping every struggle over resources.

Key Ideas

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