Thursday, January 10, 2013

Patent Troll Scanner Cases Lead Harvard Berkman's Zittrain to tweet: "Almost makes you think that some elements of the patent system could stand for reform": But what sayeth Scalia?

Joe Mullin has the story at ars technica in Patent trolls want $1,000—for using scanners.

Once again, we call upon our traveling, "originalist"-lecturing, book-selling U.S. Supreme Justice Scalia. See Fifty Shades of Scalia.

Justice Scalia, as a Justice on the highest court of the land, a position which imbues you not only with celebrity lecture-touring privileges but, hear, hear, also with JUDICIAL responsibilities, we would like you to tell us what Thomas Jefferson would have thought about scanning and patents, especially in the case of patent trolls who are demanding patent-based money from people for engaging in scanning a document and e-mailing it as a .pdf, which they claim to be THEIR patented "process". You might try reading the above links to obtain a background of information.

As a matter of your current PROFESSION, WE think the Justices on the Supreme Court have the CONSTITUTIONAL responsibility to clear up the current patent mess to the degree that their judicial jurisdiction permits.

So, Justice Scalia, please tell us what good old Thomas Jefferson would have said about this patent troll scanning scam, and better, please also tell us why YOU have a better line to good old TJ than anyone else.

We have nothing against originalists, mind you, but beyond "holding seances with the departed" to obtain their "original" views on actual topics, actually divining them with respect to modern legal issues is a bit of pot luck, isn't it?

We have an acquaintance who recently seanced with TJ -- we ourselves do not believe in such things, but then again, we are not on the Supreme Court -- and he adamantly said that TJ had stated unequivocally that in his day MAILING was not a patented process.

What sayest thou, Justice Scalia, about that bit of "originalist" evidence?
Or are we using the wrong "divining rod"?

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