Re: Re: Golan v. Ashcroft

What a neat question, I wonder too if the state could argue that it is a compelling reason to keep feeding the vegetable maybe even get research grants to discover how long that vege could survive. such an ugly thought but it might pass the test of a reasonable and compelling state interest as well if the economy of a large segement of the state were based on the patents or copyrights of one very prolific person? Gee, I would not want to be an owner of a copyright or patent under such circumstances.

and

then there are creditors in a bankrupt estate, who might want to extend the life of the copyrights and patents, because the interest on the debts to be collected will continue to accrue and the royalties will be a continuing source of principal and interest repayments. Drafting opportunities abound here in handling the loans, conceivably, could say something like upon death, the interest accelerates on the uppaid debt to the legal state ceiling rate.

and

why would the executor need be an interested publisher, could be a greedy family served by a willing executor? Especially, if that vege had a lot of different patents and trademarks. MAybe prohibiting this effect should be part of every living will? but how would you draft that?

Seems to me if the ownership of the patent or copyright is transferred or assigned that should be the same as the death of the copyright or patent owner for purposes of starting the clock?

I am no lawyer.

 sterling

On Wed, 19 Nov 2003, Javier Perez wrote:

> I have been following this and now I get some real nasty questions.
> Take into consideration the case of the Florida woman that is not
> being allowed to die.
> How would it play if an author creates a widely successful work, very
> succeptible to be copied and he gets into a disabilitating accident and
> a coma.
> Now by fair or foul methods, his publisher/producer obtains guardianship
> and simply decides to keep the author alive for as long as medically
> possible (and we know it can be a very long time...) just to keep the
> copyright "alive" for as long as it might be possible.
>
> What would the meaning of Life+75 or Life+50 be now?
>
> J. Perez
>
> ------------------------------
>
> Date: Thu, 13 Nov 2003 16:21:29 -0500
> Message-ID: <redirect-1660501[_at_]cni.org>
> From: "Robert F. Bodi" <lawlists[_at_]bodi.com>
> References: <list-1659446[_at_]cni.org>
> Subject: [CNI-(C)] Re: Golan v. Ashcroft
>
>
> ----- Original Message -----
> From: <sstouden[_at_]thelinks.com>
> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
> <CNI-COPYRIGHT[_at_]cni.org>
> Sent: Thursday, November 13, 2003 11:55 AM
> Subject: [CNI-(C)] Re: Golan v. Ashcroft
>
>
> >
> > I am no lawyer, but life has no definite end, no definite definition that
> > can stand the test of likely "as to time certain" based on current and
> > emerging capabilities in life science. What happens when someone lives
> > 400 years? Does that person's copyrights get +70 more in monopoly
> > interest, next after that will be someone who lives 2000 years and so on?
>
> Most legal definitions of life state that death occurs on the cessation of
> brain activity, or the heart stops beating. These definitions are
> scientifically verifiable, and thus are CERTAIN. Science does, indeed, help
> us find a legal definition of death. Any non-lawyer with half a brain can
> get it. End of story.
>
> -Bodi
>
>
>
>
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Received on Thu Nov 20 2003 - 21:30:32 GMT