Because the patents cover isolated, amplified genes which are not products of nature.
Every material object in the sidereal universe is a 'product of nature'. The question is whether or not it was modified by man when the issue of patentability comes up.
This story originates from a TechDirt posting by Mike Masnik.
Mike is generally a pretty perceptive reporter, however he occasionally jumps the gun when posting commentary about preliminary documentation such as draft bills or revisions to such bills. I lost a lot of credibility with my Congressman in reacting to a story of his related to a revision being made to the ECPA.
From that experience I learned to not pay attention to his reports on draft bills and similar preliminary documents because it's too early in the legislative process to determine if they have any weight or chance of becoming embedded in actual legislation.
SO this may be worth following, but I don't think it's worth writing to a Congressman about yet.
The Constitution's supremacy clause clearly establishes that the Constitution trumps all other laws in the US. The court has to operate under this rule.
This means that they cannot function without first resolving any conflict between the Constitution and the questions on the case they are ruling on.
I was fortunate to have been part of a music education program in High School which involved going to the Boston Symphony Saturday afternoons.
If the fossilization theory is right, I fossilized around something pretty good as Symphony Hall in Boston is generally considered to have the best acoustics in the New World, and in the top 5 world-wide.
Are generally found to be distortion and a roll off of high frequencies when one bothers to take apart the actual music reproduction.
Some people have become accustomed to these artifacts and so prefer them.
The only real antidote is to go to live music performances to hear what they really sound like.
I'd recommend that for people used to modern pop recordings too. I think many would be shocked to hear what they are missing in the horribly compressed and otherwise doctored up recordings that are sold today.
The problem with rare earths is that they are usually found in conjunction with radioactive ores, particularly containing thorium.
This makes recovery and refining a nasty and if you insist on environmental safety a quite expensive job.
China has been willing to do it on the cheap for the rest of the world. More recently they have realized that other nations have been exporting their environmental issue to China by buying cheap Chinese rare earths. This is coming to an end as China sensibly restricts exports of these materials.
Centos is a good stable choice. Some of the packages are a bit old but it is very very reliable. It would be my first choice for a novice.
Xubuntu is a reasonable choice because it has a stable if a bit primitive UI on top of a more complete and up to date set of packages.
Mint Cinnamon is probably the nicest desktop Linux available. I've recently started using it and like it a lot. I have had a few glitches with it though so it may not be quite as stable as I would like to have for a noob.
Ubuntu 12.04 LTE is another interesting choice to start with. Has the funky Unity UI but at least is missing the keylogger and other piracy issues. Enable gnome classic on the log in and you have a nice stable but comprehensive setup.
Do you have a problem with reading comprehension? This story is US specific.
Europe has its own civil rights problems starting with free speech, discrimination against ethnic groups (for example the Roma), no protection against age discrimination in hiring and so on.
People living in glass houses shouldn't be so quick to throw bricks.
I have never heard of having to send sales taxes in a state to each jurisdiction within a state. And yes I live in multiple states where rates vary throughout the state. So basically you are dealing with the 50 states.
Keeping records is not a big deal. That is merely purchasing some software and doing a print every month.
Finally, I expect truly small businesses will be exempted from this. Simply the same issues of record keeping and administration will plague the states as well. Collecting small payments from millions of small businesses throughout the US isn't going to do them any good either.
Slashdot Mirror
So long as you send the form and $65, why not.
Not all of the tests. Some, such as those used for screening therapies are still covered.
http://patentlawcenter.pli.edu/2011/08/15/machine-or-transformation-test-after-myriad-iimplications-to-the-prosecution-of-process-claims/
That would be an argument that would give you an F in patent law 101.
As the article points out 15 nucleotides is too small to be subject to patentability. Hopefully at least this much is thrown out.
I expect that at least some of this patent will be thrown out. But not all - the tests the Myriad invented using these genes are real inventions.
Because the patents cover isolated, amplified genes which are not products of nature.
Every material object in the sidereal universe is a 'product of nature'. The question is whether or not it was modified by man when the issue of patentability comes up.
You didn't read the whole article.
Late last year in Queensland, an 18 month old child died after ingesting 12 small magnets.
And that's not the only case by a long shot.
http://www.nydailynews.com/life-style/health/3-year-old-girl-dies-swallowing-37-buckyball-magnets-article-1.1032839
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5548a3.htm
Kitchen knives and chemicals have other legitimate uses. These magnets are toys with no functional value. Nothing of value is lost by banning them.
This is a correct verdict. What this idiot did was incredibly dangerous.
The magnets were banned because they were killing children, not because people could eat them.
http://www.commerce.wa.gov.au/Corporate/Media/statements/2012/August/Dangerous_magnets_banned_after.html
PlantIQ's sues Sats-R-Us for patent infringement and also files DCMA takedown notices on forecasts appearing on CNN.com.
This story originates from a TechDirt posting by Mike Masnik.
Mike is generally a pretty perceptive reporter, however he occasionally jumps the gun when posting commentary about preliminary documentation such as draft bills or revisions to such bills. I lost a lot of credibility with my Congressman in reacting to a story of his related to a revision being made to the ECPA.
From that experience I learned to not pay attention to his reports on draft bills and similar preliminary documents because it's too early in the legislative process to determine if they have any weight or chance of becoming embedded in actual legislation.
SO this may be worth following, but I don't think it's worth writing to a Congressman about yet.
The Constitution's supremacy clause clearly establishes that the Constitution trumps all other laws in the US. The court has to operate under this rule.
This means that they cannot function without first resolving any conflict between the Constitution and the questions on the case they are ruling on.
I was fortunate to have been part of a music education program in High School which involved going to the Boston Symphony Saturday afternoons.
If the fossilization theory is right, I fossilized around something pretty good as Symphony Hall in Boston is generally considered to have the best acoustics in the New World, and in the top 5 world-wide.
http://en.wikipedia.org/wiki/Symphony_Hall,_Boston
Are generally found to be distortion and a roll off of high frequencies when one bothers to take apart the actual music reproduction.
Some people have become accustomed to these artifacts and so prefer them.
The only real antidote is to go to live music performances to hear what they really sound like.
I'd recommend that for people used to modern pop recordings too. I think many would be shocked to hear what they are missing in the horribly compressed and otherwise doctored up recordings that are sold today.
> Are you sure they restrict export of these materials to curtail polution.
The NYT had a good article on this issue.
http://www.nytimes.com/2012/06/21/business/global/china-vows-tighter-controls-over-rare-earth-mining.html
That's because there is plenty of food. The problem is political, not technical or economic.
The problem with rare earths is that they are usually found in conjunction with radioactive ores, particularly containing thorium.
This makes recovery and refining a nasty and if you insist on environmental safety a quite expensive job.
China has been willing to do it on the cheap for the rest of the world. More recently they have realized that other nations have been exporting their environmental issue to China by buying cheap Chinese rare earths. This is coming to an end as China sensibly restricts exports of these materials.
Centos is a good stable choice. Some of the packages are a bit old but it is very very reliable. It would be my first choice for a novice.
Xubuntu is a reasonable choice because it has a stable if a bit primitive UI on top of a more complete and up to date set of packages.
Mint Cinnamon is probably the nicest desktop Linux available. I've recently started using it and like it a lot. I have had a few glitches with it though so it may not be quite as stable as I would like to have for a noob.
Ubuntu 12.04 LTE is another interesting choice to start with. Has the funky Unity UI but at least is missing the keylogger and other piracy issues. Enable gnome classic on the log in and you have a nice stable but comprehensive setup.
Instead of one Congressional office building you now have 535.
It certainly does codify it as it places some parameters around what it should look like.
And yes Copyright is a right. It says so in the Constitution.
Article I, Section 8, Clause 8
> some people seem to think that corporations and intellectual property are codified in the constitution!
States play a big part in the legal structure of the US too. And it happens that states have decided to charter corporations.
As far as intellectual property, that is certainly codified in the Constitution.
The percentage of people that get speeding tickets is FAR higher than the percentage of judges that get impeached for accepting bribes.
Next.
Do you have a problem with reading comprehension? This story is US specific.
Europe has its own civil rights problems starting with free speech, discrimination against ethnic groups (for example the Roma), no protection against age discrimination in hiring and so on.
People living in glass houses shouldn't be so quick to throw bricks.
Nokia is still a major cell phone company. While they missed the boat with their smartphones, they still have large market share in other areas.
Nokia is actually 2nd to only Samsung in total phone sales, and has a world wide market share of 20%.
The idea they are a patent troll is completely and 100% absurd.
Free versions of these APIs already exist.
Tax licenses or registration is an issue.
I have never heard of having to send sales taxes in a state to each jurisdiction within a state. And yes I live in multiple states where rates vary throughout the state. So basically you are dealing with the 50 states.
Keeping records is not a big deal. That is merely purchasing some software and doing a print every month.
Finally, I expect truly small businesses will be exempted from this. Simply the same issues of record keeping and administration will plague the states as well. Collecting small payments from millions of small businesses throughout the US isn't going to do them any good either.