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This Essay Breaks the Law
NYT ^ | Published: March 19, 2006 | By MICHAEL CRICHTON

Posted on 03/20/2006 9:56:09 AM PST by Grig

• The Earth revolves around the Sun.

• The speed of light is a constant.

• Apples fall to earth because of gravity.

• Elevated blood sugar is linked to diabetes.

• Elevated uric acid is linked to gout.

• Elevated homocysteine is linked to heart disease.

• Elevated homocysteine is linked to B-12 deficiency, so doctors should test homocysteine levels to see whether the patient needs vitamins.

ACTUALLY, I can't make that last statement. A corporation has patented that fact, and demands a royalty for its use. Anyone who makes the fact public and encourages doctors to test for the condition and treat it can be sued for royalty fees. Any doctor who reads a patient's test results and even thinks of vitamin deficiency infringes the patent. A federal circuit court held that mere thinking violates the patent.

All this may sound absurd, but it is the heart of a case that will be argued before the Supreme Court on Tuesday.

(Excerpt) Read more at nytimes.com ...


TOPICS: Culture/Society; Editorial; Miscellaneous
KEYWORDS: economy; patents; software; technology
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To: Caesar Soze

Shoot, I just dumped all over Michael Crichton without even realizing it. Still, I'm sure he learned about this stuff at some point pursuing his MD....


21 posted on 03/20/2006 10:22:30 AM PST by Caesar Soze
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To: Grig
I just (R)egistered the word "pattented" and intend to maintain it's (C)opyright for the next 18 years!!!

BTW you can't patent bump since the "speed bump" has been public domain since Achilles dragged "Hector's" body 'round the walls of Troy!

Psst, if you didn't see the movie, Helen is played by Diane Kruger who is one hot chick!

22 posted on 03/20/2006 10:23:00 AM PST by Young Werther
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To: babygene
I'm copyrighting the notes "C" and "E".

Somebody already copyrighted silence. I'm not kidding. Four minutes, 33 seconds of silence to be precise.

23 posted on 03/20/2006 10:25:12 AM PST by antiRepublicrat
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To: E. Pluribus Unum
So there is no debate on the proper role of "intellectual property" laws?

Did I say there wasn't?

The point is, if the company that made this discovery hadn't anticipated a profit, we wouldn't know about the relationship between B12 and homocistine and wouldn't have the benefit of that discovery.

If you want that information to be free to all, then buy it and give it away if you want. If you want the government to buy it, then by all means, call your Congressman.

Do you think a design is property but information isn't? Do you think people who do the hard work of discovery and take the enormous risks to put ideas into practice don't deserve to profit by it? You want the benefits of someone's labor but don't want to pay for it?

You bet there's a debate. Covetousness is so old that we have a Commandment against it.

24 posted on 03/20/2006 10:25:54 AM PST by Carry_Okie (Barah, yetzirah, assiyah)
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To: Grig

I think I will patent the word "is", if I can just figure out what it means.


25 posted on 03/20/2006 10:25:54 AM PST by IamConservative (Who does not trust a man of principle? A man who has none.)
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To: babygene
As I understand it, ideas and facts specifically CANT be patented. Neither can recipes or mathematical formulas.

Facts and recipes (as facts) can't be copyrighted. It used to be that mathematical formulas (scientific truths), and with them computer programs, couldn't be patented, but that went out the window in the 1990s when some judges thought it was okay.

26 posted on 03/20/2006 10:26:30 AM PST by antiRepublicrat
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To: pankot
I just pattenended the "F" word and I'm gonna be richer than all of you!

The good news: The membership of DU owes you about $10,000,000.

The bad news: Do you have any idea how long it's going to take to raise $10,000,000 out of pizza delivery tips and welfare checks?

27 posted on 03/20/2006 10:29:10 AM PST by steve-b (A desire not to butt into other people's business is eighty percent of all human wisdom)
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To: pankot
I just pattenended the "F" word and I'm gonna be richer than all of you!

Bad news pankot, I have no idea WTF pattenended means but I do know that I patented the "F" word so it belongs to me.

28 posted on 03/20/2006 10:31:20 AM PST by tx_eggman (Islamofascism ... bringing you the best of the 7th century for the past 1300 years.)
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To: babygene
I'm copyrighting the notes "C" and "E". Copyrights last longer and I'm going to make big bucks from the record companies.

Fine - but you'll have to call them something else. I'm trademarking the letters "C" and "E", which have prior use, and then I'll just file a lawsuit prohibiting you from using them as note names, because of the potential for confusing the consumer.
29 posted on 03/20/2006 10:32:12 AM PST by beezdotcom
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To: Grig

I just patented the use of posts on FR. Now all you guys, pay up!


30 posted on 03/20/2006 10:32:28 AM PST by OB1kNOb (America is the land of the free BECAUSE of the BRAVE !!)
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To: Lonesome in Massachussets
The Earth revolves around its spin axis, the line between the North and South poles.

Nope. It rotates about its axis.

31 posted on 03/20/2006 10:32:48 AM PST by Aarchaeus
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To: antiRepublicrat
Somebody already copyrighted silence. I'm not kidding. Four minutes, 33 seconds of silence to be precise.

Technically, it wasn't silence - but a lack of musical notes being played. The performance consists of the ambient noise in the auditorium, which in and of itself is not silence.
32 posted on 03/20/2006 10:34:53 AM PST by beezdotcom
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To: Aarchaeus

33 posted on 03/20/2006 10:35:33 AM PST by null and void (Sept 11th: National Moderate Muslim Day of Tacit Approval)
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To: Carry_Okie
Covetousness is so old that we have a Commandment against it.

As I said, the original intent of intellectual property law was to encourage innovation, now it actually discourages it.

When did you obtain your law degree?

34 posted on 03/20/2006 10:37:59 AM PST by E. Pluribus Unum (Islam Factoid:After forcing young girls to watch his men execute their fathers, Muhammad raped them.)
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To: beezdotcom
Now that I know who you ar- I point you to post #11 on this thr-ad:

I will n-v-r pay a dim- for th- right to us- th- l-tt-r -.

That go-s for your oth-r l-tt-r ^ as w-ll (pronoun^-d s--) ... give it your b-st shot b-zzdot, I'll go liv- in a ^av- b-for- you'll profit off of m-.

35 posted on 03/20/2006 10:38:31 AM PST by tx_eggman (Islamofascism ... bringing you the best of the 7th century for the past 1300 years.)
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To: tx_eggman

It is good work. The people that use the incorrect spelling are the least likely to contest the request for royalties for the use of the misspelled word.


36 posted on 03/20/2006 10:38:47 AM PST by doc30 (Democrats are to morals what and Etch-A-Sketch is to Art.)
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To: doc30
It is good work. The people that use the incorrect spelling are the least likely to contest the request for royalties for the use of the misspelled word

It's a sham- I don't hold th- pat-nt for thinking outsid- th- box, you'd ow- m- mon-y

37 posted on 03/20/2006 10:41:25 AM PST by tx_eggman (Islamofascism ... bringing you the best of the 7th century for the past 1300 years.)
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To: Aarchaeus; Lonesome in Massachussets
Nope. It rotates about its axis.

And it revolves in its orbit about the sun. Take it from an orbit guy: "revolution" is the term we use to denote "once around the orbit," which in turn is usually described in terms of the motion between successive upward crossing of a reference plane (e.g., the equatorial plane for Earth orbits, or the Ecliptic for sun-centered orbits).

"Orbit" is too imprecise a term, as it can mean a lot of different things, depending on context.

38 posted on 03/20/2006 10:41:48 AM PST by r9etb
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To: beezdotcom
The performance consists of the ambient noise in the auditorium, which in and of itself is not silence.

But his estate sued another composer who did his own minute of silence, not simply playing a recording of the previous 'work.' About the only connection was a joking reference to the original composer in the credit.

39 posted on 03/20/2006 10:45:49 AM PST by antiRepublicrat
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To: Grig

Pmub!


40 posted on 03/20/2006 10:48:57 AM PST by Junior (Identical fecal matter, alternate diurnal period)
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