Friday, April 11, 2008

Eminent Domain for Intellectual Property?

So, I've now seen two weird cases in the news that seem like patents are infringing on the public good.

Voting machines:
A Sequoia executive, Edwin Smith, put Union County Clerk Joanne Rajoppi on notice that an independent analysis would violate the licensing agreement between his firm and the county. In a terse two-page letter Smith also argued the voting machine software is a Sequoia trade secret and cannot be handed over to any third party.

Stray satellite:

In the face of unrelated legal battles between the current patent owner Boeing and the satellite's owner SES Americom - any efforts to salvage AMC-14 have been cast aside.

Primarily this is because SES is currently suing Boeing for an unrelated New Skies matter in the order of $50 million dollars - and Boeing told SES that the patent was only available if SES Americom dropped the lawsuit.

Doesn't this seem wrong? Isn't intellectual property subject to eminent domain? SCOTUS said so back in 1912. Voting transparency is fundamental to our society, so I feel eminent domain definitely applies in the first case. It's a tougher argument for a privately owned satellite, but space research has been said to be good for advancement of mankind before, so maybe it applies. More likely to apply is a principle in tort law where if one party has a minor inconvenience in order to solve the entire dispute, they are made to swallow it. I feel $50 mil is a minor inconvenience compared to a likely multi-billion dollar satellite. Then again, I don't know for sure.

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