How men are raped while women go free.

Posted by BambiB 10 years, 3 months ago to Government
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There is SO MUCH wrong with this case. It highlights how the law treats men differently from women, fining, punishing, imprisoning the former for acts that are considered the "right" of any woman.

This guy tricked his girlfriend into taking an abortifacient inducing the abortion of his 7-week-old fetus.
Let's compare.
If a woman tricks a man into thinking she can't get pregnant (on the pill, using an IUD, etc.), there's no penalty. She can force him to become a father against his will and bill him for child support for 18 years.
If a woman decides to murder the man's baby (have an abortion) there is nothing the man can do about it. The woman has sole control.
But is a man tricks a woman into taking an abortifacient resulting in the abortion of his fetus, he can be sentenced to life in prison!??
Why is it that women get all the options? Why is it that men wind up being forced to be parents against their will? Why is it that only women lie about birth control and get away with it? Why is it that only women can kill their fetuses?

The Federal Law in this case should be challenged on two levels. First, someone please show me where in the Constitution the Founders granted the Congress authority over abortions (or even murder, for that matter)?

Second, how is it that a woman can abort her fetus without consequence, while a man who aborts his fetus can be sentenced to life in prison?


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  • Posted by 10 years, 3 months ago in reply to this comment.
    And yet, if I have a DNA sequencing performed, I will be the first to discover what my DNA actually is. No one before has discovered it. It is unique, useful, new…

    As to whether I've invented it or not, if I did not, who did? My parents perhaps?

    The argument is much stronger than others accepted by the Supremes (such as the interstate commerce clause in Wickard v. Filburn).
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  • Posted by 10 years, 3 months ago in reply to this comment.
    I'm not so sure the FARMERS want the seeds. AGRIBUSINESS might want them, but the farmers who do NOT want them wind up getting polluted seed stock anyway, when the Monsanto-supplied growers allow their pollen to drift into the farmers' fields.

    You'd think this would be straightforward. Monsanto creates a product that pollutes, and when the pollutant drifts into an adjoining property causing damage to the crops (which are now no longer organic) and loss of income (because the crops can't be sold as organic and therefore have a lower market value) Monsanto should be required to pay damages, clean up the mess and ensure it doesn't happen again.

    Additionally, the benefit of the GMO seeds appears to be transient. The major advantages of Monsanto seeds are they are "Roundup Ready" (glyphosate tolerant) and produce an insecticide toxin in cooperation with Bacillus thuringiensis (Bt). I've read that Bt targets the gut in insects, causing them to break down. It's supposedly targeted to specific insects - but one must wonder - could this be a reason for the surging digestive problems and autism in humans? I think the jury is still out on that one.

    In any case, Mother Nature isn't fooled for long. The western corn root worm has apparently already developed an immunity to Bt.

    As for the glyphosate tolerance, the major advantage appears to be that since farmers can spray their crops for weeds instead of having to mechanically remove them, they can plant crops closer together creating greater yield per acre. Is glyphosate tolerance in the wind? Could be.

    I think a certain amount of skepticism is warranted regarding the company that brought us DDT, PCBs and Agent Orange.
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  • Posted by dbhalling 10 years, 3 months ago in reply to this comment.
    If you are interested here is one of my posts on Myriad http://hallingblog.com/supreme-courts-my.... Unfortunately, the Supreme Court is completely incompetent on patent law (both legally and factually). Most patent attorneys try to read the Supreme Court's irrational tea leaves and make sense of them. I have tried to convince other patent attorneys to start from first principles including a rational definition of what an invention is, which is what was at issue in the Myriad case.
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  • Posted by dbhalling 10 years, 3 months ago in reply to this comment.
    35 USC 101 "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title." You did not invent or discover your dna.
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  • Posted by dbhalling 10 years, 3 months ago in reply to this comment.
    I am not that familiar with Robocop. The first question any patent attorney would ask is can it be realized, or in the words of patent law "can you describe it so one skilled in the art can practice the invention without undue experimentation." The Dick Tracy watch radio is another example of this.

    If it is realizable then probably it is probably patentable, but again I don't have much knowledge of what it is.
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  • Posted by khalling 10 years, 3 months ago in reply to this comment.
    They passed a law that was just for Monsanto - no one else so they would not be tried for this again. The law is bad for many reasons but the fact remains farmers want those seeds.
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  • Posted by Rozar 10 years, 3 months ago in reply to this comment.
    I don't think so, but property doesn't need to have your genetic code to be considered yours.
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  • Posted by Hiraghm 10 years, 3 months ago in reply to this comment.
    I'm fairly certain I remember khalling telling me that db was a patent attorney...
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  • Posted by Hiraghm 10 years, 3 months ago in reply to this comment.
    Thanks a lot... now I HAVE to send db a private message concerning a question about "Roarke's Drift"...
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  • Posted by 10 years, 3 months ago in reply to this comment.
    Please cite the case that established this standard.

    My thinking is that it has not yet been litigated, and that if anyone has an intellectual property interest in their own DNA, it is the person who manufacturers it daily.

    The state-of-the art pre-Myriad is pretty well explained here:
    http://io9.com/5971456/what-you-need-to-...

    After myriad, things are much murkier. It appears snippets of DNA can't be patented, but the logic of the case doesn't seem to rule out an entire genome. It even (if I read it correctly) makes exception for cDNA, which is (as one of the experts opined) not really different from naturally-occuring DNA.

    Part of the problem is the Supreme Court does not understand the technical issues. Frankly, I'm not surprised. I never saw so many people so disinclined to use technology as at the local law school. That the Supremes are technology-morons (and disinclined to actually understand the technology they're ruling on) should surprise no one.
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  • Posted by Hiraghm 10 years, 3 months ago in reply to this comment.
    Interesting... would Robocop (the cyborg, not the movie) be patentable?
    (I ask because they're advertising the gawdawful remake on tv)
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  • Posted by dbhalling 10 years, 3 months ago in reply to this comment.
    Bambi, it is not a human creation. You can't patent something you did not create. Procreating is not creating in this sense. Again an invention has to be a human creation (sex is not a human creation) that has an objective result. Also you are confusing an instance with an invention. An invention is never an instance, it is a class of things.
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  • Posted by 10 years, 3 months ago in reply to this comment.
    Actually, it's hard to think of something that would be MORE new than an individual's DNA. So far as we know, not only is it unique, but it is something that has never existed before and will never exist again. You produce the DNA. The only way someone else can produce it is to take your DNA and copy it.

    Note, I'm not talking about something like the Myriad case, where the company sought to patent a small chunk of DNA. Nor am I talking about patenting the human genome generally. I am talking about a patent on your own specific, unique DNA which never existed before you, and will never be produced again once you are dead.

    To claim that it is not novel is clearly wrong. It is perhaps the most novel thing ever to exist. To claim that it is "obvious" would also seem to be false - for one would have to know everything about the DNA of both parents at the very least to know what their genetic product was.

    Monsanto may have a right to their genetically modified DNA. My problem with Monsanto lies in their pollution of other crops - not their ownership of patented DNA modifications.
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  • Posted by 10 years, 3 months ago in reply to this comment.
    I think you're wrong.

    Again.

    http://thinkprogress.org/health/2013/06/...

    Given that the farmers of organic produce are being damaged by Monsanto's windblown material, I expect this case will rise again and be fully litigated - with Monsanto the loser. With Monsanto buying the courts on a regular basis, it may take time. Eventually an honest judge will screw them to the wall.
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  • Posted by dbhalling 10 years, 3 months ago in reply to this comment.
    No you cannot, but you can patent asexually reproduced plants. The reason you cannot patent dna created through breeding animals, is the process of breeding animal is both known and inexact. Now if you were to isolate the dna from a cross breed animal and then used that produce a variant on an animal with a useful and repeatable result that could be patented.
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