No subject

cost. It typically is (near) zero for information products. But there are 
counter-examples. Like domain names, that can be assigned only once (per DNS 
root, to be precise). Domain names are a popular test case for law. I once 
wrote an article that was published in a legal Dutch law magazine arguing 
that domain names are not (transferable) rights and should not be objects of 
trade. Reality though is that there is an extensive trade in domain names. 
Which is in particular strange for "generic" names such as business.com 
(worth millions of dollars). While trademark law explicity prohibits 
ordinary language to be monopolised, domain names do. Without a true 
statutory base.

Someone once compared this with the right on a parking space. If you park 
e.g. at a canal in the Amsterdam city centre, then you objatin the right to 
park there by paying the parking fee in the parking meter. But would you be 
allowed to sell the parling space to the highest bidder, if you leave, and a 
long row of cars is waiting? Perhaps on a narrow road near a canal that is 
not feasible from a practical perspective, but imagine a very busy parking 
lot near a shopping mall. Why wouldn't you sell the empty lot to the 
highestr bidder? With generic domain names it is similar. Actuall Dutch 
private law statutes contain a provision saying that "other" rights can only 
be trasfered ("assigned") if explicitly allowed by law (otherwise they can't 
be the object of trade). Indeed the copyright act (autheurswet), the patent 
act, the trademark act etc. all contain such explict provisions. I don't 
know about other European countries but all contentinal private law stems 
from Roman roots so I assume it is similar.

In my perspective, limiting the transferability of copyrights, patents and 
trademarks may be a good idea. But it is not straightforward. E.g. in case 
of bankruptcy, a full ban on transferability would also be wrong. 
Incidentally, there are efforts for (further) international harmonisation of 
private law, and I am aware that people working on such projects tend to 
make easy assumptions about the similarity of intellectual property to real 
property, unaware of the political controversy in this field. Private law is 
often considered a "technical" matter without a particular political load. 
Which is a dangerous assumption!

reinier