I often have people say Natural Rights do not exist. Then they point to something like the Earth and state the Earth is a sphere – that is real, the mass of the Earth is real and can be measured, but the Right to Property or the Right of self ownership are not real, they don’t exist in nature and there is nothing natural about them. A similar complaint is that Natural Rights are subjective, while the mass of the Earth is objective.
Objective: (of a person or their judgment)
Reading the transcript of the oral argument at the Supreme Court in this case is like listening to bunch of stoned college freshman debating Jonathan Livingston Seagull. Not one person involved in the discussion would pass a first semester law school class in patent law. None of the people involved are patent attorneys, none of them have a solid technical background, none of them understand how a computer works, none of them of legally or factually competent to be patent attorneys. Everyone of the people involved in this oral argument should have recused themselves as incompetent
Alice’s attorney failed for three reasons: 1) he is not a patent attorney, 2) he tried to make sense of the Supreme Court’s earlier decisions, which a full of logical
Adam Carolla is being sued by Personal Audio LLC and has created a FundAnything (crowdfunding site) campaign to raise money for his legal defense. He is billing this dispute as a patent that will kill off podcasting. This is the sort hyperbole people who don’t want to pay inventors engage in. Note Mr. Carolla wants to be paid for his intellectual property. Since Mr. Carolla is making the standard arguments against inventors who attempt to enforce their property rights, I will examine some of the arguments below.
1. The inventor will not receive any of the profit from this lawsuit, only a shell company, whose only purpose is to sue people.
This paper has some interesting points, HIGH TECHNOLOGY ENTREPRENEURS AND THE PATENT SYSTEM: RESULTS OF THE 2008 BERKELEY PATENT SURVEY.
We also report that for many startup companies, patents are an important part of the mix of strategies used by them to capture competitive advantage from their technology innovations. But this important role tends to be much more pronounced among biotechnology and “hardware” companies (including both medical hardware such as surgical devices, and IT hardware, such as computers and semiconductors)
CLS’s Reply Brief is not only illogical it is filled with intellectually dishonest statements. The lack of logic is not surprising given the Supreme Court’s confused and disorganized thinking on the subject, but the intellectual dishonesty is inexcusable. Despite this a careful reading of CLS’s brief shows that their argument fails on its face. If you don’t have a winning argument, confuse and overwhelm them.
CLS’s arguments boil down to Alice’s patent claims preempt the idea of an escrow account and they are a non-practicing entity to boot.
The claims asserted by Alice recite the fundamental economic practice of intermediated settlement or escrow, in which a “middleman” stands between the counterparties to a transaction and effectuates the transfer of entitlement once all conditions are satisfied.
There are so many problems
All that is necessary for the triumph of evil is that good men do nothing.
With two high tech start-ups going gangbusters, former
Adam Mossoff takes on the common claim that patent are too vague in his paper THE TRESPASS FALLACY IN PATENT LAW, by Adam Mossoff, 65 Fla. L. Rev. 1687. The argument is often framed as patents are not like real property where you know if you are trespassing another person’s property. This analogy is flawed, he points out, because property rights in land are not limited physical trespass. Property rights include time (future interest), use, and physical boundaries. The proper analogy would be with the estate or all the property rights associated with land. Then he points out that critics of patents actually have no empirical data on litigation involving all aspects of ‘real property’. He also points out that real property disputes often turn on the meaning
Dale B. Halling, author of Pendulum of Justice (with his wife Kaila) and The Decline and Fall of the American Entrepreneur, has been asked to speak at the Atlas Summit 2014. The topic of his talk will be “Why did Rand Choose Inventor as Galt’s Profession?”
The goal of this book is to define the process of how technology is created and evolves. The author, Arthur W.. Brian, is an economist with an electrical engineering background. The book tackles a very important subject that has barely been scratched. Technology, as the author points out, defines are standard of living. Increasing one’s level of technology is the only way to increase real per capita income. Most books about technology and “innovation” are poorly written, poorly thought out, and meant to sell the author as a mystical guru of innovation. George Gilder being one of the exceptions, but even his writing on the subject is meanders and tied to specific technology trends.
I have been particularly critical of the whole notion of business method patents. Every patent is part of a business and any method patent is therefore broadly speaking a business method patent. The first patent issued in the US was a method of making potash. Since making potash is/was a business the very first patent issued in the US was a business method patent. The people who argue against business method patents have failed to provide a consistent, clear definition of what they mean.
I have also defined an invention as a human creation with an objective result, while art is a human creation with a subjective result. By objective result I mean that the
- Natural Rights: Objective, Subjective and Volition
- CLS v. Alice Oral Argument
- Adam Carolla and the Podcast Patents: The Real Story
- Interesting Academic Study on Value of Patents to Startups
- CLS Reply Brief: Alice v. CLS Bank Supreme Court
- Win a FREE Copy of Pendulum of Justice
- Are Patents too Vague?
- Halling asked to Speak at Atlas Summit 2014
- Book Review: The Nature of Technology
- Business Method Patents: A Solution?