
E138: Hidden Rules of Ownership Explained
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About this listen
A deep dive into Michael Heller & James Salzman’s Mine, exploring how modern “ownership engineering” shapes innovation, resource access, and societal outcomes.
Guest Bios
- Michael Heller: Vice Dean & Professor of Real Estate Law at Columbia Law School; economist and property theorist; author of Mine: How the Hidden Rules of Ownership Control Our Lives; former World Bank advisor on post-communist property reforms.
- James Salzman: Professor of Environmental Law at UCLA & UC Santa Barbara; expert in resource management and property law; co-author of Mine; taught at Duke Law and advised on water policy and environmental regulation.
Topics Discussed
- Ownership gridlock in pharmaceuticals and biotech patents
- Copyright fragmentation (MLK speeches, music sampling)
- “Remote control” of behavior via ticketing (Duke basketball “camp-out”)
- Property conflicts: solar panels vs. redwood trees, adverse possession cases
- Digital ownership: AI training data, EV feature subscriptions, Amazon cart analogy
- Historical and international property transitions (post-Soviet housing reforms)
- Jurisdictional experiments in ownership law (state labs, South Dakota trusts, Puerto Rico tax incentives)
Three Main Points
- Ownership Engineering: Rights aren’t natural—they’re designed tools (“remote controls”) wielded to steer behavior, from seating fans to shaping markets.
- Gridlock & Fragmentation: Excessive, overly granular property rights (patents, copyrights) can stifle innovation and access—too many owners, too few outcomes.
- Digital vs. Physical Property: The shift to “ones and zeros” erodes traditional possession; corporations gain power to add or remove features, while users overestimate what they truly own.
Top Three Quotes
- “Possession plus time equals ownership—may not be just or moral, but it certainly is powerful.”
- “Savvy companies think of their ownership as a remote control: they press buttons to steer you without you even realizing it.”
- “In a world of ones and zeros, what you feel you own is often one-tenth of what you actually own—Amazon and Tesla already know this.”
🎙 The Pod is hosted by Jesse Wright
💬 For guest suggestions, questions, or media inquiries, reach out at https://elpodcast.media/
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