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Re: License Dilemma

From: Alexander Terekhov
Subject: Re: License Dilemma
Date: Wed, 29 Nov 2006 21:09:32 +0100

John Hasler wrote:
> Dmitry writes:
> > But let me remind you , that all point of patent law is to give society
> > new ideas and possibilities to create further innovations based on openly
> > available knowledge, while protecting the rights of people who share
> > their secrets.
> That may be the case in some jurisdictions but the US Constitution says
>    To promote the progress of science and useful arts, by securing for
>    limited times to authors and inventors the exclusive right to their
>    respective writings and discoveries
> Thus the purpose of a patent in the US is to promote the progress of
> science and useful arts,  not to protect the rights of "intellectual
> property" owners.

Uncle Hasler, uncle Hasler.

Why don't you tell the US Supreme Court about this fact? (I mean  
'not to protect the rights of "intellectual property" owners'). It 
would certainly be less confusing to everyone else: 'As we read the 
Framers' instruction, the Copyright Clause empowers Congress to 
determine the intellectual property regimes that, overall, in that 
body's judgment, will serve the ends of the Clause.' Eldred v. 
Ashcroft, 537 U.S. 186 (2003).


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