The first amendment - like anything written in the Constitution is absolute.
That statement is not consistent with Supreme Court jurisprudence. There are limitations on many rights listed in the Constitution. For example, the first amendment has been held *not* to give you the right to incite violence. (See Chaplinsky v. New Hampshire.)
So either the Constitution is absolute or it is not
The answer is that it is not. Interpretation of the constitution comes down to a balancing act between competing rights.
It should have absolutely no influence in a court case between two individuals.
True. That's why this is about the *government's* prosecution of one individual and whether the elements of the crime were actually established.
"Communicating with the Locked-In" by Yale Neuroscientist and scientific skeptic, Steven Novella: http://www.sciencebasedmedicin...
It discusses the science (imaging, brain-machine interfaces) vs pseudoscience (facilitated communication) relating to communicating with the locked in.
If you didn't implement it, you didn't invent it.
I meant implement for mass market production. I may have the resources to build a working model, or a proof-of-concept, but not the resources to bring the invention to market.
If you didn't implement it, you didn't invent it.
That is not consistent with patent law.
IMHO, you do not deserve compensation for coming up with an idea unless you also spend years building a worthwhile implementation.
Patents don't reward the coming-up-with of an idea. They reward the disclosure of that idea.
and patents should only last 3-5 years (about twice as long as it takes to develop a competing implementation).
This is not universally true. It might take 10-12 years to clear the regulatory hurdles in the pharmaceutical industry.
This is mostly an argument for raising the bar on the non-obviousness requirement.
However, even if concurrent discovery is common, that may only be because of the concurrent incentive to discovery. Any of the hard-working, innovative, inventors could come up with the invention. Each is being spurred on by the promise of the exclusive right waiting at the end of the tunnel. Just because one gets to the patent office before the other doesn't mean that the patent didn't provide the incentive to do the work.
You have a message from the operator.