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Thread started 05 Jun 2017 (Monday) 10:28
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Supreme Court Ruled We Own our Own Property

 
frozenframe
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Jun 06, 2017 23:04 |  #16

smythie wrote in post #18372077 (external link)
I don't think Adobe subscriptions are going to be affected. You are subscribing to a product to use it and in turn be eligible to receive complimentary updates while you keep your subscription current. The standalone software purchases (e.g. LR6) are more related to the content of that story but even so, I'm pretty sure the EULA would state that the software creator retains intellectual property ownership of the product.

Well, I'm pretty sure Lexmark's Patent made similar claims too. Just because a EULA or Copyright, or Patent language says one thing does not mean the SCOTUS will agree with it. This case illustrated that well.


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Left ­ Handed ­ Brisket
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Post edited 11 months ago by Left Handed Brisket.
     
Jun 07, 2017 02:48 |  #17

https://arstechnica.co​m …ts-lexmark-patent-rights/ (external link)

Sounds more like the court said a contract could be signed and enforced for a "subscription" to buy toner. But if the end user breaks the contract the manufacturer has no recourse.


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Capn ­ Jack
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Post edited 11 months ago by Capn Jack.
     
Jun 07, 2017 17:34 |  #18

Bassat wrote in post #18372747 (external link)
Perhaps the problem is granting a patent on a life form in the first place. Screw Dow, Syngenta, and Monsanto. Farming was at its most efficient (less waste) when it was done by rotating crops, critters, and rest. A small (10-100 acre) plot can be self-sustaining. That is never going to happen with 10,000 acre farms that grow the same crop every season.

Want more efficient farming? Kill the farm bill.

A 10-100 acre farm is self sustaining, but that doesn't support a guy like me who doesn't farm. Larger farms support everyone else. Bringing it back to photography, this is what it looks like not far from where I live. There aren't any 10,000 acre farms near me. Most of them are 640 acre (1 square mile). I don't know a heck of a lot about farming, but most of the farms in this picture are family owned. Where I work, a lot of people own farms and rent the land. That doesn't mean farming isn't done differently elsewhere. I know there are seed strains that aren't covered under any patent, and I'm sure the farmers would use those seeds (or save them for a future season) if it were more profitable to do so. It's not as if the seed companies won't let them choose what seeds to buy.


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Post edited 11 months ago by Nathan. (2 edits in all)
     
Jun 12, 2017 16:29 |  #19

You're extrapolating from an article. This case doesn't contest who owns a patent, but rather at what do when those rights become exhausted. Basically, it is about the chain of control and, in this case, the ink cartridges went overseas where U.S. law did not apply.

This is the exhaustion doctrine which is applied to patent analysis, not copyright. The analogous legal concept in copyright is the first sale doctrine. The big question here is whether this patent analysis will necessarily make its way to copyright. That's not clear nor is it decided in this case.

If you're really curious about the primary source material, the opinion is here and you can read legal analysis of the decision. I haven't read it yet, but there's one dissenting opinion - so it would be interesting to know what the objection.

http://www.scotusblog.​com …exmark-international-inc/ (external link)


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Jun 12, 2017 17:36 as a reply to  @ post 18372807 |  #20

What the court said is quite specific to patents and not copyright. Copyright is an artistic/creative-based right while patent is on a specific invention or process. Lexmark already tried to use the copyright argument previously to make sure no one tried to copy their code that locked out refilled cartridges. That case was the basis for the whole "you can't copyright code" idea.

Lexmark argued that as a patent holder, they retain the rights to the patent and therefore modification of the product (refilling / editing their cartridges to have a new chip with new software on it) amounted to violating their patent rights. However, as has been pointed out, when you patent something, the law says no one else can sell your invention without compensating you. However, when you sell that product, you do not have any further rights since you've already gotten your compensation.


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Jul 11, 2017 09:55 as a reply to  @ post 18372717 |  #21

Look into the details. Most seed companies either produce hybrids that produce sterile seeds or GMO seeds that also produce sterile seeds.


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Supreme Court Ruled We Own our Own Property
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