Thursday, October 18, 2012

Hidden Creation and IP: Superman, Kryptonite and the Legal System of Intellectual Property Law

Ah yes,
(fly to that link).

It turns out that kryptonite, when cleaved by a "proprietary process" of cleavage, results in the "invention" of two cleaved halves known as Crypto and Neith, combinatorially known as "the Hidden Creation".

(Patent applications on "the hidden creation" with precedential reference to the latest Myriad decision of the Federal Circuit are in preparation).

Crypto Neith Similis, here postulated via Wikipedia cleavage

Kryptonite was cleaved in myriad ways in promethean "small p" laboratories, and, to everyone's surprise, the resulting "inventions" Crypto and Neith, were found to contain miniaturized chip-like replicas of American intellectual property law legislation and judicial IP court decision-making, i.e. enough total negative power to rob most any superman of any magical powers he or she might possess.

The feverish search for a sustainable antidote has focused on "ArtSec8".

Article. I. Section. 8. of the Constitution of the United States provides that
"The Congress shall have Power....
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...."
We have been waiting for years for a Constitutional originalist like Justice Scalia to point out that this section of the Constitution talks about giving exclusive rights for "limited times to Authors and Inventors", but makes absolutely no mention of any rights accruing to blood or legal relations, be they wife, daughter, son, uncle, aunt, cousin or distant relative far removed.

The Supreme Court decision in Eldred v. Ashcroft (2003) violates the clear dictates of the U.S. Constitution. The court wrote that extensions of copyright beyond authors' or inventors' lifetimes are OK because of the "limited Times" language, but forgets that the phrase SPECIFICALLY applies "to authors and inventors" ONLY, but to NO ONE ELSE, and definitely not to "heirs". If ArtSec8 had been intended for others, it would have said so, right Justice Scalia?

The Constitution was in fact trying to get away from a long discredited political, religious and economic system of benefits based on birthright, inheritance and/or nepotism, as then existed in the American Colonies and as still exists in mother Britain, and modernly now again in the USA.

The idea of the United States of America and its Constitution was to found a new, free society based on MERIT and PERFORMANCE, a society in which vanities such as grants of titles of nobility were in fact prohibited, modern Esq. and American Idol notwithstanding.

The whole idea of this clause of the Constitution was "originally" to promote "the Progress of Science and useful Arts" by granting short-term monopolies in their works to authors and inventors PERSONALLY, i.e. those who did the writing and those who made the inventions for the good of the common weal. In fact, Copyright Clause, Wikipedia informs us: "Madison proposed that the Constitution permit Congress "to secure to literary authors their copyrights for a limited time", or, in the alternative, "to encourage, by proper premiums & Provisions, the advancement of useful knowledge and discoveries".[1]

Well now, a premium is hardly an annuity for the heirs, now is it?

No one intended the Copyright Clause to serve as a golden goose of income for blood relations -- or their assigns -- once the authors and inventors departed.

Unfortunately, modern intellectual property law has created a monopolistic freeloading paradise for patent, trademark and copyright parasites of all shapes, sizes and descriptions.

More and more people find themselves on the beneficiary lists of various "royalty rolls" deriving from all kinds of intellectual property "rights".

Fewer and fewer people are actually doing the necessary work of society, and those who are doing the work, are getting paid less and less for it, in part because too many resources are going into the hands of recipients entitled to various payments because of the achievements of their forebears, and not because of their own contributions to the progress of science and useful arts.

Small wonder then, that the nation is in the pickle it is in.

Read now if you have not already read it, ah yes, Superman.

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