Saturday, March 9, 2013

Supreme Court On Patents, Copyright, Monsanto, etc.

Ron in Vegas sends me this report in which Max Keiser spends a half hour on Monsanto, copyrights, patents, etc see below.  But first some background, here is the case and the question at issue.

11-796 BOWMAN V. MONSANTO, ET AL.DECISION BELOW: 657 F.3d 1341CERT. GRANTED 10/5/2012QUESTION PRESENTED:

Patent exhaustion delimits rights of patent holders by eliminating the right to control
or prohibit use of the invention after an authorized sale. In this case, the Federal Circuit refused to find exhaustion where a farmer used seeds purchased in an authorized sale for their natural and foreseeable purpose-namely, for planting. The question presented is:

Whether the Federal Circuit erred by (1) refusing to find patent exhaustion in patented seeds even after an authorized sale and by (2) creating an exception to the doctrine of patent exhaustion for self-replicating technologies?

In essence, Monsanto needs a win on this to continue its work in seeds and pesticides. Monsanto will win this case because it represents the powerful over the weak.  There was a time when Bowman would have won, but that was two centuries ago.  Things have changed, and you will find a case by case audit of this change in the fundamental text for understanding USA law, by Morton Horwitz.



This case is critical because it truly decides the future of USA and the powers that be.  Without this basis neither fascism nor empire can stand in USA.  So the case is absolutely critical.  The usual suspects are all in for Monsanto, including sadly, Apple Computer.  Monsanto has quite a history of modern living through chemicals, and charmed immunity.  No doubt the USSupreme Court will find that patents are a fine, not a tax, so some such whimsical ruling designed to mock those who still vote.

Max Keiser has 18,000 views in 2 days, so he has pull.  It is unfortunate that it falls to him to cover this news, because he is not the one to do so.  I love Russian English TV if nothing else than for its infobabes are absolutely world class.  No drunken Diane Sawyers in their studios!

But Max is descending fast...  here he is dressed like a sailor and talking like one too.  He is throwing out charges that should be substantiated.  But it gets worse, he interviews a fellow on the topic of copyrights.  The idea is Max is against copyrights, and he brought in Eric Hilton of some earnest bourgeois duo to take the pro-IPR side.  Max made the nice analogy between the war on drugs going after the wrong people and the war on intellectual piracy going after the wrong people.

Eric had sent Max an email wherein Eric proclaimed Max a hero but wrong on IPR.  So on the basis of Eric's admiration, Max invited Eric to debate and converted Eric to Max's position.  Watch the tape yourself, I am not making this up.  And Max's anti-IPR position happens to be pro-IPR, just not a whole bunch.  Both Max and Eric agree there should only be enough IPR to benefit Max and Eric.  Well, we all love a system that works for us.

No discussion whatsoever as to whether IPR is inherently wrong.  Whether it is inherently wrong that has 4th parties taxing fifth parties to prosecute third parties for selling something to second parties that a first party claims to own.  Violence masquerading as law. Eric insisted "artists" had become serfs because people who work hard were making money and Eric wants more money and technology is cool and like, um...  well, you know...

So downhill Max goes, heading to the status of Moscow Rose.

Max, clean up your act, debate some tougher people on these topics, like me.  O... and I really, really like you, Max.



Feel free to forward this by email to three of your friends.


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