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Eminent Domain Applied to IP Due To State Secrets

NormalVisual writes "Wired recently ran a story about a group of inventors that found themselves unable to sue Lucent Technologies for infringement of a patent they held on a novel design for a pipe/cable connector. They had been working with Lucent on an underwater application for this connector, but unfortunately for the inventors, Lucent's application was being developed for an as-yet-unnamed branch of the U.S. government. The government is now claiming a state-secret privilege, and is refusing to let the inventors sue Lucent for patent infringement, citing national security concerns. In the meantime, Lucent continues to directly profit from their invention without paying any royalties or other compensation. The patent in question can be found online. It's doubly a shame because, unlike so many other patents that we've seen here, this one is actually creative and non-obvious." We've touched on this topic before.

5 of 312 comments (clear)

  1. Funny how things work. by MindStalker · · Score: 3, Interesting

    Funny how they rejected this court case stating that going forward would provide more information on this patent to the public, thus causing a "national security" concern due to its secret use. Of course doing so causes it to be national news.. Yep good way to keep it secret.

  2. Funny .. by macaulay805 · · Score: 3, Interesting

    Funny the US wants a global IP plan, but yet they screw the IP holders in their own domain. Makes one wonder the fun times of the future in a global sense.

  3. Emminent domain would be a FAIRER solution by abb3w · · Score: 4, Interesting
    Goverment declares that the patent has state secrecy implications. Government exercises emminent domain over the patent, and pays them a "fair" (well, laughable) sum. Patent spends the rest of its natural(?) life on a shelf, military applications aside. Lucent and the Government are happy, and the inventor at least is resigned to a clear foundation for the decision in the letter of the constitution (5th amendment).

    Of course, doing this would make major patent holders a little more nervous, but it's still a more equitable resultion under the rule of law than "no, you can't sue him, even though you're getting screwed." In the meanwhile, all these guys can do under the current mess is fall back on "peacable petition for redress of grievances"... which is not likely to be effective in this political climate.

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    //Information does not want to be free; it wants to breed.
  4. Re:state sanctioned theft.. by Anonymous Coward · · Score: 3, Interesting

    1. Powerful and continuing expressions of nationalism. From the prominent displays of flags and bunting to the ubiquitous lapel pins, the fervor to show patriotic nationalism, both on the part of the regime itself and of citizens caught up in its frenzy, was always obvious. Catchy slogans, pride in the military, and demands for unity were common themes in expressing this nationalism. It was usually coupled with a suspicion of things foreign that often bordered on xenophobia.

    2. Disdain for the importance of human rights. The regimes themselves viewed human rights as of little value and a hindrance to realizing the objectives of the ruling elite. Through clever use of propaganda, the population was brought to accept these human rights abuses by marginalizing, even demonizing, those being targeted. When abuse was egregious, the tactic was to use secrecy, denial, and disinformation.

    3. Identification of enemies/scapegoats as a unifying cause. The most significant common thread among these regimes was the use of scapegoating as a means to divert the people's attention from other problems, to shift blame forfailures, and to channel frustration in controlled directions. The methods of choice--relentless propaganda and disinformation--were usually effective. Often the regimes would incite "spontaneous" acts against the target scapegoats, usually communists, socialists, liberals, Jews, ethnic and racial minorities, traditional national enemies, members of other religions, secularists, homosexuals, and"terrorists." Active opponents of these regimes were inevitably labeled as terrorists and dealt with accordingly.

    4. The supremacy of the military/avid militarism. Ruling elites always identified closely with the military and the industrial infrastructure that supported it. A disproportionate share of national resources was allocated to the military, even when domestic needs were acute. The military was seen as an expression of nationalism, and was used whenever possible to assert national goals, intimidate other nations, and increase the power and prestige of the ruling elite.

    5. Rampant sexism. Beyond the simple fact that the political elite and the national culture were male-dominated, these regimes inevitably viewed women as second-class citizens. They were adamantly anti-abortion and also homophobic. These attitudes were usually codified in Draconian laws that enjoyed strong support by the orthodox religion of the country, thus lending the regime cover for its abuses.

    6. A controlled mass media. Under some of the regimes, the mass media were under strict direct control and could be relied upon never to stray from the party line. Other regimes exercised more subtle power to ensure media orthodoxy. Methods included the control of licensing and access to resources, economic pressure, appeals to patriotism, and implied threats. The leaders of the mass media were often politically compatible with the power elite. The result was usually success in keeping the general public unaware of the regimes' excesses.

    7. Obsession with national security. Inevitably, a national security apparatus was under direct control of the ruling elite. It was usually an instrument of oppression, operating in secret and beyond any constraints. Its actions were justified under the rubric of protecting "national security," and questioning its activities was portrayed as unpatriotic or even treasonous.

    8. Religion and ruling elite tied together. Unlike communist regimes, the fascist and protofascist regimes were never proclaimed as godless by their opponents. In fact, most of the regimes attached themselves to the predominant religion of the country and chose to portray themselves as militant defenders of that religion. The fact that the ruling elite's behavior was incompatible wi

  5. We use the Fascists' symbol, too by Savantissimo · · Score: 3, Interesting

    The Roman fasces (root of the word fascist) consists of an axe within a bundle of rods, bound by a red strap. As a symbol of state power, the rods were for beating prisoners, the axe for decapitating them.

    This emblem on Mussolini's flag of office, the symbol of his Partito Nazionale Fascista, and the the present Guardia Civil (Franco's jackbooted thugs) can also be found on the the 1916-1945 US dimes, the Lincoln memorial chair; all over the US Capitol, including multiple copies on the Speaker's rostrum, the National Guard insignia, etc, etc,

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    "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry