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May 13, 2018

Comments

Interesting article.

How would this (or how would this not) collide with the various "views" as to "fixed in a tangible medium" (as a requirement to obtain copyright protection) or "electronic media are not manufactures (as an offshoot of the In re Nuitjen case for the patent angle)? Further, isn't there a Supreme Court case that may be impacted (considering whether or not COPIES of a Gold Master impacted that Gold Master, its use, or other deliberations, again, in a patent context).

I doubt that stock trading is what the legislature had in mind when they defined "secret scientific material" as and article, material, or device that "constitutes, represents, evidences, reflects, or records a scientific or technical process, invention or formula." N.Y. Pen L. § 155.00[6]

Nonetheless, least in NY, it seems that software per se is "scientific or technical." For purposes of U.S. patent law, yeah, not so much.

Mr. Demers,

Where in the law written by Congress is this "technical" notion (albeit in your presentation, a "scientific" technical notion?)

Have you ever heard of the science of business as advanced by the likes of Deming? Would you deny that type of innovation wholesale? On what basis?

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