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First in Time
First discoverer gets exclusive title. (Canada does not recognize)
McIntosh. Follow status quo
Locke Theory of Labor
Earn land through labor/improvement
McIntosh. Indians didn't do this
Pierson v. Post
Pursuit is not enough for title
Capture Nat. Resource & Animals
- Actual Bodily Seizure
- Mortal Wound--intent to appropriate
- Deprive of liberty
- Certain control
- Secured--not actual possession but close
Pierson v Post Dissent
Reas. prospect of success in your pursuit + intent to own.
Utilitarian--better to reward hard work
Owner of land has constructive possession of wild animals on land
Capture Subsoil Oil
You capture, you own.
Pro Rata Share--just take your own
Resources that travel freely over boundaries. Can capture and take possession.
INS v. AP.
Copyright products, others can imitate. Hot News exception
- If ideas are not statutorily protected, others
- are free to imitate those ideas
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