Richard Stallman Compares Software Patents to Literary Patents
In an article
in The Guardian
, Richard Stallman
argues that software patents are more like literary patents than technical patents, and that had literary patents been in effect in the 19th century, great novels like Victor Hugo's Les Miserables
(which I have not read) would have been impossible. It's a good read and, though Stallman can sometimes be a bit nutty, he isn't here. Take a look.
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Gonzales v. Reich: Antonin Scalia on the Commerce Clause and federal drug law
"John the Methodist" of Locusts and Honey
(the other Evangelical Libertarian blog) is upset
about Justice Scalia's concurring opinion in the recent Gonzales v. Reich
case. The Court ruled that the federal government has authority to prohibit medical use of marijuana, justified by the rather frightening effects of the Commerce Clause (I.8.3
) when combined with the Necessary and Proper Clause (I.8.18
). The two together, says the Court decision, give Congress the power to place serious restrictions on intrastate activities when these regulations are necessary to make legitimate regulation of interstate commerce efficacious. After reading the majority and Scalia's consent (I didn't look too closely at the Thomas/Rhenquist dissent; Supreme Court opinions tend to be very long), I find that I have mixed feelings about the decision. The opinion I'm leaning toward is that the Constitution does in fact support the majority's opinion, but it shouldn't.
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Rossi Lawsuit Dismissed
I blogged earlier on the lawsuit filed by Republican Dino Rossi challenging the election of Washington Governor Christine Gregoire. Today the New York Times is Judge reporting that Judge John E. Bridges of the Chelan County Superior Court in Wenatchee has dismissed the case, and the Rossi campaign has decided not to appeal to the state supreme court. A most unfortunate development....
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