Finally, at long last, Stephen Davis had the intellectual honesty to admit what I’ve been saying all along. Kinsella’s anti-IP theory is simply an elaborate philosophical hoax. Kinsella has cleverly built his conclusion (property must be physical) into his premise (“rivalry” must be physical, “use” must be physical, etc.).
After following him down every intellectual dark alley and up every intangible steep mountain, and showing at every turn that IP behaves identically to PP, Stephen Davis finally stated the logical rule upon which he bases his arguments:
If X isn’t physical, X cannot be property.
Thank you, sir. You are a gentleman and a scholar. Kinsella will not be happy, of course. But you can sleep well knowing you did the right thing.