My buddy Iceberg proposed a delicious test for IP proponents:

Here is a scenario to test a IP statists' resolve--what would he say if one day aliens visited Earth to enforce intergalactic patents for devices which were patented 600 million years prior by that alien culture that mankind has been "stealing."

Ha. That is indeed the logic of their position. Of course the IP advocates would find a slippery way to weasel out of it. They would say that this is another government--except the logic if their non-anarchist view implies one-worldism; and anyway, if something is real property, it's property everywhere. They would say that they don't believe patent rights should apply to independent inventors--even though patent systems have no such exception and would be largely declawed if they did.

[SK crosspost]

(1) Real property is not real property everywhere. Foreigners are not permitted to purchase land in Mexico, as an example. Farmland sales in Korea are only permitted with permission of the government since farmland is considered to be a "temporary monopoly," kind of like a patent, for the farmer so long as the farmer uses the land for farming.

(2) Under all patent laws that exist in the world today, patents are only valid in the jurisdiction under which they were granted, as you well know. Thus, an American patent is worthless in China and a Chinese patent is worthless in Europe. Why would the patents of planet Xax be any more valid?

(1) Real property is not real property everywhere. Foreigners are not permitted to purchase land in Mexico, as an example. Farmland sales in Korea are only permitted with permission of the government since farmland is considered to be a "temporary monopoly," kind of like a patent, for the farmer so long as the farmer uses the land for farming.

(2) Under all patent laws that exist in the world today, patents are only valid in the jurisdiction under which they were granted, as you well know. Thus, an American patent is worthless in China and a Chinese patent is worthless in Europe. Why would the patents of planet Xax be any more valid?

"Under all patent laws that exist in the world today, patents are only valid in the jurisdiction under which they were granted, as you well know. Thus, an American patent is worthless in China and a Chinese patent is worthless in Europe. Why would the patents of planet Xax be any more valid?"

I would guess the point this post is making is about the push for a universal patent system.

@Anonymous: You are correct that real property, is not real property everywhere. The problem is that we are moving in the direction of "universal" property.

President Obama Promotes American Innovation Global Innovation Forum wrote:

"The President also understands the importance of a rules based system for trade. He noted that, "it's essential that we enforce trade laws and work with our trading partners to open up markets abroad; that we reform and strengthen our intellectual property system; that we sustain our advantage as a place that draws and welcomes the brightest minds from all over the world; and that we unlock sources of credit and capital which have been in short supply as a result of the financial crisis.""

Then there is: Anti-Counterfeiting Trade Agreement

So when the Aliens do show up we will be found in violation of all sorts of intellectual property law violations. The Earth will be declared a third strike offender and will be kicked off the universe. I wonder if the Earth is still in the ROW for that road, in the Hitch Hikers Guide?