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Old Apr 14, 2012, 05:24 PM   #65
entropy13
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Quote:
Originally Posted by Kreij View Post
No, you do not have the right to plant a tree in my yard. You don't even have the right to enter my yard if I post a "no tresspassing" sign and I have the right to confront you at gunpoint if I feel the situation requires it (percieved threat). If you get physical becuase you are mad I won't let you plant a tree I have the right to shoot you (WI's castle doctrine law).
Anyone has the right to plant a tree in your yard. It just so happens you can also enforce your own rights as property owner and disallow people from doing so, but that doesn't mean that preventing people from planting a tree in your yard automatically means they do not have the "right." In the case you presented, what happens is that your right to stop people from entering your property is in a "superior" position over someone planting a tree on your yard. But once again, that doesn't automatically mean that someone has NO right simply because you have the right to prevent that someone from planting a tree on your yard.


Quote:
Originally Posted by newtekie1 View Post
I can kick you off my property before or even after you plant the tree, and your tree is gone.
Which doesn't automatically mean someone doesn't have the right to plant a tree in your yard.

Quote:
Originally Posted by newtekie1 View Post
I can prevent your from even coming on my property at any time.
Which doesn't automatically mean someone doesn't have the right to plant a tree in your yard.

Quote:
Originally Posted by newtekie1 View Post
And after I tell you to stay off my property, if you come back, I can have you arrested, in some places I can even shoot your ass if you step foot on my property after being told not to.
Which doesn't automatically mean someone doesn't have the right to plant a tree in your yard. You are not depriving someone of his right to plant a tree on your yard. Rather you are enforcing your own right over your own property instead. You are preventing someone from using his right, but you are not depriving him of that right, and following that logical reasoning even further, that doesn't mean that someone suddenly has no right to do so. Preventing something from happening doesn't mean that something would no longer exist.


Quote:
Originally Posted by newtekie1 View Post
However, those don't really apply here, youtube is maintaining their site, and you know that they own the site.
They own the site but youtube does not exclusively maintain their site.
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Last edited by entropy13; Apr 14, 2012 at 05:29 PM.
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