Planetary Resources

[Danderman]

The legal framework would need to be put in place to protect their rights for exploration performed.

http://www.mine-engineer.com/mining/claim.htm

Due to the 1967 treaty, an asteroid mining claim would consist solely of intellectual property rights, no physical property rights.

US law has already been revised to protect claim rights on space resources.

What claim rights exist under current US law?

[RotoSequence]

The legal framework would need to be put in place to protect their rights for exploration performed.

http://www.mine-engineer.com/mining/claim.htm

Due to the 1967 treaty, an asteroid mining claim would consist solely of intellectual property rights, no physical property rights.

US law has already been revised to protect claim rights on space resources.

What claim rights exist under current US law?

H.R.2262 of the 114th Congress

(Sec. 402) The bill directs the President, acting through appropriate federal agencies, to:
 • facilitate the commercial exploration for and commercial recovery of space resources by U.S. citizens;
 • discourage government barriers to the development of economically viable, safe, and stable industries for the commercial exploration for and commercial recovery of space resources in manners consistent with U.S. international obligations; and
 • promote the right of U.S. citizens to engage in commercial exploration for and commercial recovery of space resources free from harmful interference, in accordance with such obligations and subject to authorization and continuing supervision by the federal government.

A U.S. citizen engaged in commercial recovery of an asteroid resource or a space resource shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell it according to applicable law, including U.S. international obligations.

[RonM]

The legal framework would need to be put in place to protect their rights for exploration performed.

http://www.mine-engineer.com/mining/claim.htm

Due to the 1967 treaty, an asteroid mining claim would consist solely of intellectual property rights, no physical property rights.

US law has already been revised to protect claim rights on space resources.

What claim rights exist under current US law?

H.R.2262 of the 114th Congress

(Sec. 402) The bill directs the President, acting through appropriate federal agencies, to:
 • facilitate the commercial exploration for and commercial recovery of space resources by U.S. citizens;
 • discourage government barriers to the development of economically viable, safe, and stable industries for the commercial exploration for and commercial recovery of space resources in manners consistent with U.S. international obligations; and
 • promote the right of U.S. citizens to engage in commercial exploration for and commercial recovery of space resources free from harmful interference, in accordance with such obligations and subject to authorization and continuing supervision by the federal government.

A U.S. citizen engaged in commercial recovery of an asteroid resource or a space resource shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell it according to applicable law, including U.S. international obligations.

That has nothing to do with a claim. You get to keep what you recover. That means setting up shop and mining. Under OST you could put a base on the find and sit on it.

[Asteroza]

So, if you bag it, it's yours then? Would this imply setting up an atmosphere tent over an asteroid effectively converts it to property as long as you fully enclose it then?

[Steven Pietrobon]

So, if you bag it, it's yours then? Would this imply setting up an atmosphere tent over an asteroid effectively converts it to property as long as you fully enclose it then?

I don't think so. The prior case of ownership are the samples returned to Earth from the Moon by the US and the Soviet Union (now Russia). Anything else is unknown at the moment, as there is no precedent.

[high road]

So, if you bag it, it's yours then? Would this imply setting up an atmosphere tent over an asteroid effectively converts it to property as long as you fully enclose it then?

I don't think so. The prior case of ownership are the samples returned to Earth from the Moon by the US and the Soviet Union (now Russia). Anything else is unknown at the moment, as there is no precedent.

So using that as a precedent, the guys sending back otherwise empty spacecraft could fill them up with Martian/asteroid minerals and be considered legal owners once down on Earth? That seems like a good way to fund the development of the required mining equipment. No need to protect claims, no need to maximize the value of the returned ore, etc. The value of the returned minerals only needs to exceed the cost of the extra fuel required to send it back, which is produced on Mars and doesn't get counted in Earth money.

[A_M_Swallow]

Owning of ore appears to be operating under Article VIII of the Outer Space Treaty

A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party of the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return.

https://en.wikisource.org/wiki/Outer_Space_Treaty_of_1967

Sufficiently ambiguous to make ownership rights weak.

[RonM]

Owning of ore appears to be operating under Article VIII of the Outer Space Treaty

A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party of the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return.

https://en.wikisource.org/wiki/Outer_Space_Treaty_of_1967

Sufficiently ambiguous to make ownership rights weak.

Not ambiguous. It's up to the state to determine ownership. SpaceX is an American company, so they are under USA law even if they are on Mars. The tricky question is what if a Canadian mining company uses SpaceX rockets to conduct asteroid mining. Does Canada or the USA determine ownership?

[Danderman]

There is no question that physical presence on a celestial body provides some of the benefits of ownership, at least to the extent that the presence is actively maintained, so no one can claim salvage rights.

My question relates to a claim in the sense of intellectual property. If a company sends a spacecraft to an asteroid and determines the specific location to an ore body - how do they protect that claim (apart from treating it as a trade secret)? How do they sell that claim?

I firmly believe if the Federal government would protect such intellectual property, via a register, then companies such as Planetary Resources would have a bright future.

[Lar]

There is no question that physical presence on a celestial body provides some of the benefits of ownership, at least to the extent that the presence is actively maintained, so no one can claim salvage rights.

My question relates to a claim in the sense of intellectual property. If a company sends a spacecraft to an asteroid and determines the specific location to an ore body - how do they protect that claim (apart from treating it as a trade secret)? How do they sell that claim?

I firmly believe if the Federal government would protect such intellectual property, via a register, then companies such as Planetary Resources would have a bright future.

IIRC didn't you start a thread about such an IP registry a while back? Is it worth referencing?

Yes... There is a thread on mining patents that Danderman started, it's in Space Policy but it's an excellent read:  https://forum.nasaspaceflight.com/index.php?topic=39504

[Steven Pietrobon]

Owning of ore appears to be operating under Article VIII of the Outer Space Treaty

A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party of the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return.

https://en.wikisource.org/wiki/Outer_Space_Treaty_of_1967

Sufficiently ambiguous to make ownership rights weak.

My understanding of that text is that it is referring to ownership of the spacecraft and spaceships that are launched into space. They are still owned by the launching state. It is not referring to the rocks and soil they bring back. That's a completely different can of worms. This was written in 1967, so you have to look at it from that perspective.

[high road]

So, if you bag it, it's yours then? Would this imply setting up an atmosphere tent over an asteroid effectively converts it to property as long as you fully enclose it then?

I don't think so. The prior case of ownership are the samples returned to Earth from the Moon by the US and the Soviet Union (now Russia). Anything else is unknown at the moment, as there is no precedent.

So using that as a precedent, the guys sending back otherwise empty spacecraft could fill them up with Martian/asteroid minerals and be considered legal owners once down on Earth? That seems like a good way to fund the development of the required mining equipment. No need to protect claims, no need to maximize the value of the returned ore, etc. The value of the returned minerals only needs to exceed the cost of the extra fuel required to send it back, which is produced on Mars and doesn't get counted in Earth money.

On the other hand, the transport company being in control of all the infrastructure could lead to some of the worst parts of the Expanse novels. Oligarchies should be avoided.

[Danderman]

I am talking about how a startup like PlanetaryResources could get revenue sooner than selling ore from an asteroid. If IP claims were transferable, then a company could make money from prospecting. The IP claims have nothing to do with the 1967 Outer Space Treaty, since that treaty does not cover intellectual property.


Edit/Lar: There is a thread on mining patents that Danderman started, it's in Space Policy but it's an excellent read:  https://forum.nasaspaceflight.com/index.php?topic=39504

[Danderman]

Let me elaborate on this a bit.

It is very difficult for a company to generate investment if their business plan requires a decade or more to get revenues, which is the case for a company focusing on asteroid prospecting and mining. On the other hand, if ore body discoveries could be protected (the intellectual property), and that IP could be sold, asteroid mining companies would have a higher possibility of success.

[ncb1397]

Let me elaborate on this a bit.

It is very difficult for a company to generate investment if their business plan requires a decade or more to get revenues, which is the case for a company focusing on asteroid prospecting and mining. On the other hand, if ore body discoveries could be protected (the intellectual property), and that IP could be sold, asteroid mining companies would have a higher possibility of success.

You're just pushing off the investment capital onto a third party. If the person/entity buying the IP can raise capital for asteroid mining, so can the person/entity generating it. Just externalizing some aspect of an endeavor to show that one part is making money while the other part is now losing money doesn't make it any more sustainable. Theoretically, Planetary Resources could split into two companies - Planetary Prospecting and Planetary Mining. Does that magically change the situation? Nope.

[Asteroza]

Though from a claims perspective though, if you had a minimal ARM style mission where the aim was to wrap an asteroid in a fully enclosed bag with a transponder only, and sell the resulting "spacecraft", that would be an interesting asset vehicle (in the financial sense, pun intended).

That would spark a rather insane race situation, where everybody and their mother would do a claim land rush to be the first to bag asteroids. What is the cubesat bagger equivalent of a "flag and footprints" mission where the bagger isn't coming back? A claim rush fleet of cubesat baggers alone would be enough to fund JonGoff's 3 burn departure supporting propellant depot.

[Danderman]

I am discussing an intellectual property rights regime that allows companies that prospect for asteroidal minerals to sell their claims.
For people who don't know much about running a business, it's easy to talk about mining Mars and selling the ores back on Earth as a business plan. But, in the Real World, people have to have money to live on. Investors want to see some return on their investment in their lifetime. So, finding a near term source of revenue is important for space prospecting companies.

[Danderman]

The 1967 OST would not support a claim in space based on Cubesats sitting on an asteroid. In fact, the OST does not support any claims at all, any more than theoperators of a ship can claim the water under their ship.

[Danderman]

The issue of who would buy a mining patent is interesting. In the Real World, there are prospecting firms and mining firms, often separate entities.

The business case for purchasers of a claim might be to lock up a large source of minerals to keep it off the market; buyers of claims will have different uses of a claim than prospecting firms.

[Tulse]

The 1967 OST would not support a claim in space based on Cubesats sitting on an asteroid. In fact, the OST does not support any claims at all, any more than theoperators of a ship can claim the water under their ship.

True, but my understanding is that, like a ship that can use and consume the water under it, the OST allows for resource extraction. One doesn't necessarily need to make ownership claims of the object itself in order to own the resources (kind of like how one can have mineral rights to a property without owning the property itself).