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🗓️ 22 April 2025
⏱️ 6 minutes
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0:00.0 | I'm Tom Batchel with my good colleague, David Livingston, Dr. Space of the Space Show. |
0:08.4 | We're very pleased to be speaking to a space lawyer, space property lawyer, space lawyer to do with the future which is already here. |
0:18.2 | This is Laura Montgomery of Ground-based Space space matters. Laura, we have right now an |
0:24.0 | example to look at for how adverse possession works. Blue fireflies, aerospace, blue ghost, |
0:32.6 | they've twice landed on the surface of the moon. Each time there have been different anomalies, but in any event, they're acknowledged |
0:39.6 | as having successfully landed there. |
0:42.5 | And for the second event, they did send back metrics that were useful. |
0:48.1 | It sits there forever unless it's moved. |
0:51.1 | I'm using that example as opposed to a NASA version or a Ros Cosmos version because |
0:55.6 | those are state enterprises. Firefly, it did experiments. It's on the surface of the moon. Is it |
1:02.8 | in possession of Firefly? Do they own that artifact? And does that artifact lay claim to property on either side of it or to the |
1:14.7 | mineral rights underneath? What is its, what is its authority? Well, I, so let's think of |
1:22.7 | property rights in three ways. There's ownership of objects, ownership of extracted resources, like if you're |
1:29.9 | mining something, and then ownership in land. It is not controversial that they own their object. |
1:36.5 | They put it there, they made it, it's theirs. No one else gets to go and take it from them. |
1:43.9 | It is way less controversial that if someone went up to do some mining, you know, there's |
1:49.5 | a number of countries that recognize entities' rights in extracted resources, meaning that |
1:55.8 | if someone goes in mines water ice, the United States and the UAE and Luxembourg and a few others will |
2:03.7 | recognize that your ownership in what you took out of the ground. So those are the first two. |
2:09.4 | Those are the totally not controversial, not as controversial. And then the third one of land |
2:15.6 | is more controversial because we just haven't worked this out yet. |
2:19.3 | And there are those who read the outer space treaty to prohibit it. I don't. So here you have Firefly sitting on the surface of the moon. |
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