Sunday, September 14, 2014

Arrogance, Ignorance Parade Proud and Naked Yet Again (Go means Stop, Open means Close)

The swift shift to lucid insanity does not surprise in the wake of the "Go Ask Alice" decision by our most "Supreme" of authoritative and authoritarian courts (a.k.a. SCOTUS).

However the slope of that playground slide into a world of acid-tripped hallucinations is unexpected.

One of the well known bell weathers of faulty logic is that of "Appeal to Authority". If somebody important said it, then it must be true.

That appears to be the logic behind a recent post-Alice invalidation of yet another lawfully issued patent. "In any event,the Supreme Court has spoken, and §101 now plays an important [patent killing] role." writes Judge Wu in Eclipse IP v. McKinley Equipment (C.D. Cal. 2014)

In other words, when the dentist says, "Open wide",
some judges understand it to mean 'shut it tight'.

Even Judge Wu understands that section 101 is Congress' version of "Open wide".
How much wider can you get than:
Any machine.
Any process.
Just as long as it is new and useful.

How much wider can one go in opening the Welcome door for inventors?
Yet by some perverse logic of green being red (Go meaning Stop) and up being down, our On-Parade Naked Nine and the minions who serve as tools of the master's drool see section 101 as the shut it closed message. They see what they want to see no matter what the facts are. They've made up their story (software is "abstract") and they are going to stick to that story come America going to Hale Bob's Comet or drowning in Climate Change's waters. Welcome to Salem. This week's special, burnt crisp inventors in the computer related arts.

... still under construction
... in the same way that US patent system is still under destruction

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