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Who Owns the Land on Mars?

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Nicolas Nelson:

“Who owns the land on Mars? Suppose I go there and [claim the planet by right of conquest or first discovery] and say ‘Hey, I’m selling the whole planet...'"

Sorry, friend, can’t do that.

The Outer Space Treaty of 1967 clearly states that all extraterrestrial real estate “belongs to all mankind” and cannot be claimed as sovereign territory by any nation-state. That kind of sovereign ownership used to be fundamental to any subsequent private ownership claims: the “crown” (or whatever government) had to deed it to you somehow. Nowadays, land ownership can derive from a legal regime, either a nation’s constitution (which inherited “sovereignty” from the old monarchies) or by an international treaty that establishes such a regime … which in this case is exactly what the Outer Space Treaty does.

On the other hand, the OST-1967 does not make private ownership illegal in space or on other planets. Like any good legal regime, the OST-1967 laid a foundation, and later laws passed in nations that are signatories to that treaty have been building upon it. For instance, both Luxembourg and the United States of America have passed laws that clarify property ownership of “space resources,” whether acquired in free-fall (like asteroids, comets, or even the solar flux that photovoltaic panels turn into electricity) or on a planetary surface, or beneath it (like any resources you collect on Mars … or Venus or whatever).

So, as I understand it currently, you can land on Mars and set up your settlement: you own all the stuff you brought with you, but not the land you plopped it onto.

But as your construction bots bulldoze regolith up onto your inflatable dormitory to protect it from radiation, that regolith is now a “resource” that you’ve collected and are using. Now you own that, too.

Your Sabatier-reactors (no radiation, don’t freak out) and your RWGS plant begin sucking in the thin Martian atmosphere and making oxygen, methane, and water out of it. You drill a well down to a geothermally-heated aquifer deep beneath your settlement and use that well to generate electrical power, heat your settlement, do cool science with it (look for microbial life!), and very carefully filter it so you can add it to your water supply: all those “resources” now belong to you.

But you’ve made it complicated now. You have drilled a well and have usage rights to that well… does that give you “water rights” to the giant aquifer you tapped? To some degree? You have built so much stuff on a clearly-delineated area: even though you cannot own it like “real estate,” haven't you established a whole blanket of rights to it just as if you’d homesteaded it or staked a mining claim?

You have a launch and landing pad nearby (not too nearby) with radar telemetry around it: you don’t own the rights to the open air above your launch pad because you own the pad, but you can assert those rights because of the way you use that resource: your future neighbor can’t build a bridge right over your launch pad because it would interfere with your ability to use the improved space resource that belongs to you.

Your rude neighbor could be an idiot and set a fragile inflatable dome next to your launch pad, since you can’t point to a property line and say “behind that, fella”, and since it does not physically interfere with your use of your property. You have the right to go on using your preexisting launch facilities and roast his dome. In that way, it isn't a question of property rights but wisdom versus idiocy.

You can see that once people actually begin “harvesting” and “improving” space resources, property laws will mature pretty quickly. They haven't yet … but the fundamental legal regime is clear: Mars “belongs” to everyone—and therefore, in a practical way, to no one.

This post originally appeared on Quora. Click here to view.

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Big Questions
Why Do the Lions and Cowboys Always Play on Thanksgiving?
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Because it's tradition! But how did this tradition begin?

Every year since 1934, the Detroit Lions have taken the field for a Thanksgiving game, no matter how bad their record has been. It all goes back to when the Lions were still a fairly young franchise. The team started in 1929 in Portsmouth, Ohio, as the Spartans. Portsmouth, while surely a lovely town, wasn't quite big enough to support a pro team in the young NFL. Detroit radio station owner George A. Richards bought the Spartans and moved the team to Detroit in 1934.

Although Richards's new squad was a solid team, they were playing second fiddle in Detroit to the Hank Greenberg-led Tigers, who had gone 101-53 to win the 1934 American League Pennant. In the early weeks of the 1934 season, the biggest crowd the Lions could draw for a game was a relatively paltry 15,000. Desperate for a marketing trick to get Detroit excited about its fledgling football franchise, Richards hit on the idea of playing a game on Thanksgiving. Since Richards's WJR was one of the bigger radio stations in the country, he had considerable clout with his network and convinced NBC to broadcast a Thanksgiving game on 94 stations nationwide.

The move worked brilliantly. The undefeated Chicago Bears rolled into town as defending NFL champions, and since the Lions had only one loss, the winner of the first Thanksgiving game would take the NFL's Western Division. The Lions not only sold out their 26,000-seat stadium, they also had to turn fans away at the gate. Even though the juggernaut Bears won that game, the tradition took hold, and the Lions have been playing on Thanksgiving ever since.

This year, the Lions host the Minnesota Vikings.

HOW 'BOUT THEM COWBOYS?


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The Cowboys, too, jumped on the opportunity to play on Thanksgiving as an extra little bump for their popularity. When the chance to take the field on Thanksgiving arose in 1966, it might not have been a huge benefit for the Cowboys. Sure, the Lions had filled their stadium for their Thanksgiving games, but that was no assurance that Texans would warm to holiday football so quickly.

Cowboys general manager Tex Schramm, though, was something of a marketing genius; among his other achievements was the creation of the Dallas Cowboys Cheerleaders.

Schramm saw the Thanksgiving Day game as a great way to get the team some national publicity even as it struggled under young head coach Tom Landry. Schramm signed the Cowboys up for the game even though the NFL was worried that the fans might just not show up—the league guaranteed the team a certain gate revenue in case nobody bought tickets. But the fans showed up in droves, and the team broke its attendance record as 80,259 crammed into the Cotton Bowl. The Cowboys beat the Cleveland Browns 26-14 that day, and a second Thanksgiving pigskin tradition caught hold. Since 1966, the Cowboys have missed having Thanksgiving games only twice.

Dallas will take on the Los Angeles Chargers on Thursday.

WHAT'S WITH THE NIGHT GAME?


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In 2006, because 6-plus hours of holiday football was not sufficient, the NFL added a third game to the Thanksgiving lineup. This game is not assigned to a specific franchise—this year, the Washington Redskins will welcome the New York Giants.

Re-running this 2008 article a few days before the games is our Thanksgiving tradition.

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Big Questions
Why Don't We Eat Turkey Tails?
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Turkey sandwiches. Turkey soup. Roasted turkey. This year, Americans will consume roughly 245 million birds, with 46 million being prepared and presented on Thanksgiving. What we don’t eat will be repurposed into leftovers.

But there’s one part of the turkey that virtually no family will have on their table: the tail.

Despite our country’s obsession with fattening, dissecting, and searing turkeys, we almost inevitably pass up the fat-infused rear portion. According to Michael Carolan, professor of sociology and associate dean for research at the College for Liberal Arts at Colorado State University, that may have something to do with how Americans have traditionally perceived turkeys. Consumption was rare prior to World War II. When the birds were readily available, there was no demand for the tail because it had never been offered in the first place.

"Tails did and do not fit into what has become our culinary fascination with white meat," Carolan tells Mental Floss. "But also from a marketing [and] processor standpoint, if the consumer was just going to throw the tail away, or will not miss it if it was omitted, [suppliers] saw an opportunity to make additional money."

Indeed, the fact that Americans didn't have a taste for tail didn't prevent the poultry industry from moving on. Tails were being routed to Pacific Island consumers in the 1950s. Rich in protein and fat—a turkey tail is really a gland that produces oil used for grooming—suppliers were able to make use of the unwanted portion. And once consumers were exposed to it, they couldn't get enough.

“By 2007,” according to Carolan, “the average Samoan was consuming more than 44 pounds of turkey tails every year.” Perhaps not coincidentally, Samoans also have alarmingly high obesity rates of 75 percent. In an effort to stave off contributing factors, importing tails to the Islands was banned from 2007 until 2013, when it was argued that doing so violated World Trade Organization rules.

With tradition going hand-in-hand with commerce, poultry suppliers don’t really have a reason to try and change domestic consumer appetites for the tails. In preparing his research into the missing treat, Carolan says he had to search high and low before finally finding a source of tails at a Whole Foods that was about to discard them. "[You] can't expect the food to be accepted if people can't even find the piece!"

Unless the meat industry mounts a major campaign to shift American tastes, Thanksgiving will once again be filled with turkeys missing one of their juicier body parts.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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