17 Sep

the author’s subsequent reply…

“No one who understands patent law could say the “four corners” are easy to define. It wouldn’t cost millions of dollars to defend an infringement suit if they were. And Lemelson wouldn’t have made a dime for “inventing” bar codes, Hot Wheels track and other technologies he claimed to own.”

our response…

I did not say determining the ‘four corners’ was easy. To the contrary, I said the courts ‘invest a great amount of time and effort to understand them’.

Nevertheless, the ‘four corners’ is a legal doctrine. It is defined by case law. This is not the place to argue law, nor is it relevant to the broader question of private property and whether or not inventors are entitled to property rights for their inventions. To that I will simply say as in our initial comment that the founders of our country felt so strongly about inventors rights that they recognized and codified into Section 8 of the US Constitution those rights ‘by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries’.  As James Madison wrote in Federalist No. 43 regarding those rights of inventors and that portion of the Constitution as proposed, “The utility of the clause will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a right of common law. The right to useful inventions seems with equal reason to belong to the inventors. The public good fully coincides in both cases with the claims of the individuals.”

I assume you would agree and expect that your publisher copyrights your articles and those of its other writers/reporters. Would you deny inventors the same rights to their work as you and your publisher claim?


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