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February 04, 2021

Comments

A very challenging brief with a distinct new viewpoint. It is about time that SCOTUS took up this subject again, and hopefully the persuasive power of this brief and others will just tip the balance.

You have cast a stone into an ocean of intentional indifference.

On the subject of "tipping the balance", I can see two other factors that might help.

Axle is a mechanical engineering case, so is more accessible to non-specialists (including the Justices of the Supreme Court) and not as alarmingly esoteric as a data processing or DNA case. The Justices need not be frightened of getting sucked in to it.

Being a pure mech eng case, it is a good illustration of the unfortunate "creep" that is happening, of denials of eligibility into fields that are manifestly not abstract ideas. I mean, just try driving a heavy vehicle that has a prop shaft that suffers from severe vibration. See what non-abstract messages you are getting through your seat.

As Dr Johnson would have said: I refute it thus. Argumentum ad Lapidem?

https://en.wikipedia.org/wiki/Appeal_to_the_stone

Thanks for the wiki article. It is always interesting to read more on the subject of various logical fallacies, but I would add that to assume that all inductive reasoning must lead to a false conclusion is itself a fallacy.

Quite in fact, there is a fallacy involved in the assumption of the refuting by kicking the stone itself, as it is posited that the kicking the stone was ONLY inductive reasoning, and the situation was not so — the kicking was part of a larger conversation, and had context in which the plain fact of the ‘rebound’ was just not merely an asserted conclusion being repeated, but instead was a physical argument in support of the asserted conclusion.

Wiki’s are nice sources, but one must still apply critical thinking as they themselves may often be incomplete.

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