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| Authored by: Anonymous on Sunday, October 14 2012 @ 03:17 PM EDT |
> Don't leave ANYTHING to your legislators and expect them to get it right.
Indeed not. However the OP was right in saying
> [This is] a technical argument against a point of public policy
> which in our society should be decided by the legislative branch
> of government
The public policy here has been decided by the CAFC,
and not the legislature. Does CAFC have that right?
Regardless, both are wrong in our opinion.
PolR is making a brave attempt to educate anyone
who wants to be educated. The CAFC has on its record
shown itself unwilling. The legislature presently seems
willing only if coerced (Lessig defines this as corruption).
Current Patent Law is defective if it can be misinterpreted
the way the CAFC is doing. Both the courts and the lawmakers
need to be involved in fixing this. The law will be written
according to public policy as rsteinmetz70112 said.
What has happened is the law is being misinterpreted
by the courts, and I don't believe PolR's technical argument
is sufficient to fix that.
SCOTUS has been making some timorous movements
in the right direction. They don't see anything wrong with
the law, and assume everyone else sees it with their wisdom.
FAIL. And the technical argument doesn't fix this.
[ Reply to This | Parent | # ]
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