Thursday, October 15, 2009

More Briefs on the Bilski Case before the US Supreme Court

Groklaw has posted an article with links (Final Bilski Briefs Filed - Microsoft, Google, FFII, ABA, etc.) to some of the briefs filed in the Bilski case before the US Supreme Court.  In reading through the Google brief, I was struck by this, and I quote:

"This experience only confirms the wisdom of this Court’s warning, made over 125 years ago, that indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention.  It creates a class of speculative schemers who make it their business to watch the advancing wave of improvement, and gather its foam in the form of patented monopolies, which enable them to lay a heavy tax upon the industry of the country, without contributing anything to the real advancement of the arts. It embarrasses the honest pursuit of business with fears and apprehensions of concealed liens and unknown liabilities to lawsuits 29 and vexatious accountings for profits made in good faith.

Atlantic Works v. Brady, 107 U.S. 192, 200 (1883)."


From a case over 125 years ago, and its relevance to today is so stark!

Here's hoping the court will see the wisdom from 125 years ago, and apply to today.

1 comments:

Sanne Grinovero said...

thanks, very interesting quote! Really hope contemporary lawyers will be as wise.