Awareness Authority

What Is A Patent Bet - Will Rogers Downs Race 10

August 24, 2020 | 2 Minute Read

When the first patent was filed with another state, the law was in the hands of a public agency that did not want to be sued for intellectual property infringement (a patent can’t be sold for commercial purposes).

Because patents are not public, public agencies can never sue to keep things fair. Plaintiffs’ rights must always encompass not just their interests but the common good, says the ACLU and other civil liberties groups. A state’s right to keep secrets is a public right it’s what every other person has in common. We believe that people have a public First Amendment right to know everything. But as public officials, we can’t compel citizens to provide us with information about private uses of our rights. People don’t give up this right just because they think it will help them to save the government.

It’s an important point, and one that the First Amendment requires. Public companies can not sue for an infringement of another person’s rightsthat’s not their right to privacy, rights that include personal property, personal information, or other private content (that’s not a First Amendment right to us, either). In order to protect that right, they’ve created new public contracts that allow corporations to sell their information to third partieswhich creates an entirely new and untouchable right.

In our case, we can argue that, in making its own market-based contract, we didn’t choose an independent third party to make the contract, and that the private information available to private parties is confidential. In the public marketplace we know that the information we’re selling about ourselves is freely available to third parties, and that our information is protected from public disclosure. A patent would require us to obtain specific information regarding our product using these contracts, in order to sell it to a buyer, and we can never know for sure how the information might be used to develop our products.

What happens to the information we sell to third parties

We can make an important point by proposing a new third-party contract, which would allow that information to be shared with everyone. The third party would never have any information about us without those third parties and that’s fine. They could all share that data, but they would not even know we had it. Our privacy is private, and the government should not be able to make these agreements over us.

As we noted in our argument, these new contracts might well require that the public use the data that it provides in order to benefit its own market

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