There is a 1/2 hour video where the author explains his position. Also, do a search on that site for "Kinsella ip" for a list of articles about this issue.
Jeff Livingston
This is the "position" of one man. There are many other men/women with differing positions. Did you notice the word "theory" in the link you gave?
The only concern I would have is in what the WRITTEN LAW states concerning any matter where law has to be brought into it. That is what the courts MUST go by.
Maniac