The negative’s definitions reinforce the commodification of cultural property as a legal intersection, upholding antiblackness through displacing minority groups in the process of commodifying culture.

Combining international law’s notions of cultural property—as, for instance, articulated by UNESCO—and patent law’s notion of patentable inventions, the term “cultural property” is a productive malapropism, a confusion of related but different legal concepts in the context of intellectual property that helps to envision the legal intersections through which cultural property can be protected. The subsequent embrace of the term “yoga piracy” and the creation of the TKDL are arguably an outgrowth of such productive malapropisms, which gave rise to linguistic play as rhetorical resistance within intellectual property discourses. Such forms of discursive reworking facilitate definitional evolutions that Halbert argues are necessary for resisting intellectual property maximalism.58 They also confront rhetorical maneuvers that Endres contends use strategic definitions to render minoritarian groups invisible in legal contexts.59 Misuse prompts redefinition, which implicitly critiques the (neo)colonial processes through which intellectual property law emerged. The eventual affirmation in both the United States and India of the non-copyrightability and non-patentability of yoga, as well as the embrace of the TKDL as prior art, demonstrates the efficacy of such definitional challenges. Legal misuse, then, is not simply dismissible; it is discursively reconstitutive, a productive rhetorical move that aids in eroding the power of racial capitalism and propertization. “