If tomatoes are outlawed, only outlaws will have tomatoes
Monday, August 21st, 2006For anybody who thinks software has it bad with patents, you should see what goes on in the world of seeds and farmers.
Take a look at the latest Monsanto case to come out of the Fed. Circuit
The fact that a patented technology can replicate itself does not give a purchaser the right to use replicated copies of the technology. Applying the first sale doctrine to subsequent generations of self-replicating technology would eviscerate the rights of the patent holder.
We wouldn’t want a silly thing like nature or farmers planting seedlings to get in the way of IP rights or anything like that.
I’ll avoid commenting on the rest of the issues of the case, particularly the antitrust arguments, because there was at least a sane dissent by Judge Dyk about it.