s a thought experiment, suppose you were judge / jury and asked to decide a dispute about ownership of a car. Suppose we live in a Kinsellist society, with respect for property rights in physical things, but no observance of patent, copyright, or any form of IP.
Albert possesses a car, which appears to be a brand-new “Pluto 4000″,
a well-known sophisticated car model manufactured by Brian Motors.
Albert claims he built the car with his own hands and own materials,
Brian owns the car factory, and does business as “Brian Motors”.
Brian claims that Albert sneaked into the factory and made the car-copy
using the factory’s machines. However, there are no security photos or
fingerprints directly implicating Albert.
Albert’s car is an exact match of the other Pluto 4000 model cars
which have been produced in Brian’s factory. Brian asserts that it is
literally impossible for anyone to manufacture a Pluto 4000 car-copy
without access to the factory, thus Albert must have trespassed. Albert
denies ever going into the factory, and sticks to his story about making
the car from scratch.
Who do you believe? Why?