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Authored by: Anonymous on Saturday, March 30 2013 @ 03:15 PM EDT |
Compare these ‘definitions’ in the Patent Statute with the
corresponding section of definitions in the Copyright statute: 17 U.S.C. § 101.
So far as I could tell, each word listed there has a full non-circular
definition.
Maybe not circular in nature, but has its own form of
logical/linguistic/legal nonsense.
Consider the following §101
clause:
A work is “created” when it is fixed in a copy or phonorecord
for the first time;
Do things exist prior to their "creation"? Is
not the anaphoric 'it' referencing something that doesn't exist. Is it possible
to make a 'copy' of something that hasn't yet been 'created'?
What
exactly is the defining limitation upon the term 'work' in this clause? Are
those intended to be scare
quotes around the word "created", indicating that some sort of magical,
lawyerly cant should be employed for the "definition" to have any sensible
interpretation?
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