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Archive for November 19th, 2009


In H&R Block Tax Services v. Jackson Hewitt Tax Services Inc., the court stated that “although tangible in some forms, money is simply a representation of a legal obligation or abstract concept.”  A similar sort of attitude seems to be involved in the Bilski case.  Both cases involve patents where money is used a unit of measure, and this seems to cause all sorts of confusion to the courts.

Is money just a legal obligation as the court states?  The court is incorrect that money is a legal obligation.  Money exists separate from a functioning legal system.  Money is a medium of exchange that measures the total amount of goods and services that can be traded for a certain amount of money.  The court seems to be confused by the legal tender rules, but money existed long before any legal tender laws ever existed. 

 

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