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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: beezdotcom
The case never went to trial

This falls in with what I was saying on another thread about samples. It doesn't usually matter whether your work is infringing, nor does it matter if it's really fair use. What matters is your financial ability to defend yourself against attacks.

Why should anyone have to worry about a suit over silence? Why should a documentary maker have to pay Fox or prepare for court over four seconds of The Simpsons showing in the background of a shot? The way corporate lawyers run copyright and patent these days is creating a result opposite the intent of the Constitution.

61 posted on 03/20/2006 12:35:22 PM PST by antiRepublicrat
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To: feedback doctor
I copyrighted and petented the phriase "It's Bush's Fault" I'll get rich off of all the liberals.

Let's see, you could probably copyright "It's Bush's Fault" with some kind of artistic writing. You could trademark "It's Bush's Fault" in association with selling a certain line of products. You could probably patent a "Process for making people believe everything is Bush's Fault."

On trademark, that could be interesting. Say you get a line of clothing, coffee mugs, etc., with the registered trademark "It's Bush's Fault" for the whole ine of products. Then you can sue when you see DU selling stuff and saying "It's Bush's Fault" anywhere near it.

62 posted on 03/20/2006 12:49:20 PM PST by antiRepublicrat
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To: willgolfforfood
Maybe this is just semantics

It is.

63 posted on 03/20/2006 12:49:48 PM PST by antiRepublicrat
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To: Grig

I'm gonna patten the word ZOT. Time to retire.


64 posted on 03/20/2006 12:52:16 PM PST by BulletBobCo
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To: Carry_Okie; E. Pluribus Unum
"Do you think a design is property but information isn't?"

Information is specifically NOT patentable under US law. Look it up...
65 posted on 03/20/2006 1:32:13 PM PST by babygene (Viable after 87 trimesters)
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To: paudio

I just patented your screen name. You're screwed.


66 posted on 03/20/2006 1:54:29 PM PST by Redcloak (<--- Not always a people person.)
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To: babygene
Information is specifically NOT patentable under US law.

The first recorded patent of invention was granted to John of Utynam. In 1449, he was awarded a 20-year monopoly for a glass-making process previously unknown in England. In return for his monopoly, John of Utynam was required to teach his process to others. That same function of passing on information is now fulfilled when a patent specification is published.

Some folks call published material "information."

Since when is a design or process not "information"? If you've ever seen a set of specifications in a CADD file, it lays out where the lines and surfaces go, what the text is, what the materials are, etc all on various layers and in various files. It is only information that gets transferred to a numerical control machine to produce the product. All there is to making anything is knowledge, labor, and raw material. The latter two are obviously not patentable.

67 posted on 03/20/2006 1:55:57 PM PST by Carry_Okie (Barah, yetzirah, assiyah)
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To: Grig
I just pattented the word 'bump'. I'm going to be soooo rich! :-)

Bump to the top

Ok so now how much do i owe you?Dont worry im good for it. I just patented the term bttt so ill be swimming in money soon too :-)

68 posted on 03/20/2006 2:01:01 PM PST by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: albertp; Allosaurs_r_us; Abram; AlexandriaDuke; Americanwolf; Annie03; Baby Bear; bassmaner; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
69 posted on 03/20/2006 2:06:06 PM PST by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: Larry Lucido

LOL. "Revolver" sounds a lot cooler than "rotator," doesn't it. :-)


70 posted on 03/20/2006 2:10:40 PM PST by ItsForTheChildren
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To: Grig

The world turned upside down!

Just what the devil wants.


71 posted on 03/20/2006 2:14:30 PM PST by Supernatural (When they come a wull staun ma groon, Staun ma groon al nae be afraid)
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To: Redcloak; paudio; patent; patton

I think the screen name "patent" has been patented. He's currently suing patton for having a sound-alike name.


72 posted on 03/20/2006 2:18:06 PM PST by Larry Lucido
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To: ItsForTheChildren
"Revolver" sounds a lot cooler than "rotator," doesn't it. :-)

True. Also, a revolver can be hidden near the rotator cuff (though I think DeNiro had a small auto hidden up there).


73 posted on 03/20/2006 2:22:46 PM PST by Larry Lucido
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To: Larry Lucido

lol


74 posted on 03/20/2006 2:34:00 PM PST by patton (This forum allows optional use of most HTML tags)
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To: paudio
I just pattented the words "I just pattended..."

So you own the rights to a typo.

75 posted on 03/20/2006 2:48:57 PM PST by BigSkyFreeper (There is no alternative to the GOP except varying degrees of insanity.)
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To: A. Pole; neutrino; indthkr; chimera; Paul Ross; Alberta's Child; Toddsterpatriot
Thanks for the ping. Actually...patents are a big topic these days in tech industry. As in...the system is broken...and needs repairs. As in...nuisance lawsuits filed by predatory companies. Check out this commentary...titled Software Patents and Mutually Assured Destruction
76 posted on 03/20/2006 4:10:19 PM PST by Dat Mon (Weldon, Shaffer, Philpott.......Men of Honor)
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To: BigSkyFreeper

This thread is patently absurd.


77 posted on 03/20/2006 5:29:03 PM PST by kcar
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To: Publius6961

I just copyrighted the alphabet. Now nobody can use it without my permission.


78 posted on 03/20/2006 5:33:33 PM PST by Lancey Howard
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To: Lonesome in Massachussets

"The Earth "orbits" or "circles" the Sun,"


Bah. Its all based on your arbitrary frame of reference. Its equally possible that the sun does in fact orbit the earth and that the earth is the center of the universe. It just depends on which set of mathematics you prefer.

I prefer to think that I am the center of the universe and will insist, once I sieze power, that all motion be described relative to me.


79 posted on 03/20/2006 6:41:07 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: Grig

Actually, the homocysteine is an indicator for heart disease, and while B-12 improves the homocysteine level, it doesn't reduce the risk of heart disease.


80 posted on 03/20/2006 6:46:35 PM PST by G Larry (Only strict constructionists on the Supreme Court!)
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