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California Family Law Attorney Issues Statement as Proposition 8 Passes in the State

California Family Law Attorney Issues Statement as Proposition 8 Passes in the State











Los Angeles (PRWEB) November 5, 2008

As reported today by the Wall Street Journal California voters passed Proposition 8. According to California Family Law Attorney Veronika Melamed of the law offices of Feinberg & Waller, A.P.C., the measure amends the California Constitution to specify that only marriage between a man and a woman is valid and recognized in California. Now that the voters of California have passed Proposition 8, and amended the State’s Constitution, what does this mean for the state and for the approximately 18,000 same-sex marriages that have been solemnized since June 17, 2008? And, what can proponents of same-sex marriage do now?

The voters of California have chosen to amend the state’s Constitution to explicitly provide that, “Only marriage between a man and a woman is valid or recognized in California.” Coming in reaction to the state’s Supreme Court ruling allowing same-sex marriage in California, opponents of same-sex marriage sought assurance that no future court decisions would again grant same-sex marriage rights in California.

The California Supreme Court is delegated with the task of upholding the state’s Constitution and assessing whether the laws enacted by the Legislature and the voters comply with the Constitution. In carrying out this task, the Supreme Court’s decision in May 2008, granting same-sex couples the right to marry, was based on its interpretation of the California Constitution and whether Family Code Sections 300 and 308.5, defining marriage as, “between a man and a woman” comported with the Equal Protection Clause of the state’s Constitution.

In the course of its analysis, the California Supreme Court ruled that Family Code Sections 300 and 308.5 were in violation of the Equal Protection Clause of the Constitution, and that same-sex couples could marry in California. The Supreme Court’s decision was based solely on constitutional analysis, and centered on the fact that the prohibition against same-sex marriage was a law, and that it violated the Constitution. This, then, became the foundation for Proposition 8: unlike the state’s previous attempts to define marriage as being only between a man and a woman through the enactment of legislative provisions, such as with 2000’s Proposition 22 which added Family Code Section 308.5, this year opponents of same-sex marriage placed an initiative on the ballot to actually amend the California Constitution.

The difference is significant: while the Supreme Court may strike down laws for being in violation of the State’s Constitution in performing its job of enforcing the Constitution, the Supreme Court lacks the power to overrule a constitutional provision. By making Proposition 8 an amendment to the Constitution, the law ensures that the Supreme Court must enforce the provision, and must now ensure that other laws comply with this Constitutional provision.

And now the questions begin: with a Constitution that may now prohibit marriage between same-sex couples, through its definition of marriage as only between a man and a woman, what will happen to those same-sex marriages that were solemnized when marriage between same-sex couples was “legal?” And, if the public wants another change, what can be done to “undo” Proposition 8? The question of what happens to current same-sex marriages has no easy answer, nor is the passage of Proposition 8 the last California may hear on the topic of same-sex marriage.

One of the main issues that must be resolved in answering the question of what will happen to current same-sex marriages is whether the new constitutional amendment is retroactive in its application; that is, does it now invalidate the same-sex marriages that occurred following the Supreme Court’s ruling in May 2008? As reported in the Los Angeles Times, some constitutional scholars believe that the new amendment will only affect prospective same-sex marriage, leaving intact those same-sex couples that married before Proposition 8 passed. The experts base their opinions on judicial history where courts have traditionally made constitutional amendments retroactive only if they were explicitly written that way, resisting an abrogation of people’s rights and freedoms unless directly mandated to do so. In support of the argument that Proposition 8 is not intended to apply retroactively, scholars point out to the Los angeles times that nothing in the proposed language states that the constitutional amendment will be retroactive in its application. Furthering the argument against retroactive application is California Attorney General Jerry Brown’s statement issued through his office on August 4, 2008, that Proposition 8 will be prospective in its application, leaving intact the same-sex marriages entered into prior to its passage.

Others say that the retroactive application of Proposition 8 will depend on whether the Proposition was intended by the voters to be retroactive, and point to the language contained in the California Voter Guide which states that, “A ‘YES’ vote on this measure means: The California Constitution will specify that only marriage between a man and a woman is valid or recognized in California.” Those who believe that Proposition 8 will be retroactive in nature argue that the language in the California Voter Guide expressly states, and informs the voting public, that passage of the proposed amendment will affect the validity and recognition of same-sex marriage, and will apply regardless of when or where the marriages were performed. The implication in this interpretation of the Proposition goes beyond California’s borders: in addition to invalidating same-sex marriages performed in California, the State and its agencies and offices will be prohibited from recognizing or validating same-sex marriages performed in any other state or country, even if legal and recognized where performed.

Ironically, as both positions have legal validity, it will be up to the California Supreme Court – the same court whose ruling allowed same-sex marriage – to interpret whether Proposition 8 was intended to be retroactive or prospective. And until such time as this question is decided, same-sex married couples will be in a “legal limbo” waiting for third parties to determine their fate. If it is eventually determined that Proposition 8 was, in fact, retroactive, then same-sex couples will find their marriages to be of no legal effect in California, and they will be denied the rights and expectations they had enjoyed until Proposition 8 was passed. If, however, Proposition 8 is found to be prospective in its application, then there will be a group of same-sex couples who will continue to be married, most likely forfeiting that appellation only in the event that they should ever divorce.

What options are available to those who still oppose Proposition 8 , and what can be done about the constitutional language in the future? If the language proposed by Proposition 8 is part of the California Constitution, one of the alternatives for proponents of same-sex marriage is to change the Constitution. Proponents will need to draft language proposing a repeal of any newly-enacted amendment or an altogether new amendment to be included in the Constitution. They will then need to raise the requisite 694,354 signatures to have the amendment certified for the next electoral ballot. California will then go through the same battles and arguments as it did during this election, with the voters again determining whether the Constitution will be amended on the issue of same-sex marriage.

The other alternative is further legal battles. Opponents of Proposition 8 may argue to the courts that passage of the amendment is violative of the Equal Protection Clause of the U.S. Constitution, which prohibits any group from being treated differently than any other. Opponents may also argue that passage of Proposition 8 is violative of the U.S. Constitution’s Contracts Clause prohibiting states from enacting laws that impair contracts, and that marriage is, after all, nothing more than a contract. Both of these arguments will likely be undertaken in the federal courts, and may eventually end up being argued before the U.S. Supreme Court, if it chooses to hear these arguments.

For the full history of same-sex marriage in California go to the article Same sex Marriage in California at http://www.Feinbergwaller.com/CM/Custom/family-law-Publication.asp

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Posted on August 6, 2011 by , Reply

Programs Of Economic Citizenship Investment

Access to economic nationalism is one of the most sensible decision, a person can do. The real value of money, such as the system to help citizens get more tax benefits is applicable. People can enjoy the freedom of travel choice, as they often do not want a lot of trouble. Trough the economic investment citizenship programs benefits for individual and corporate business if they consult for Australia immigration service for business consulting.

There are some myths and national economies, needs to be in the correct format to get the maximum use of a passport and added additional. Let us discuss these myths:

Economic instruments of citizens as collateral against terrorism:

This is a common misconception that people often seek support such a law to combat terrorists. To obtain a passport and citizenship financial assistance, tax exemption and consolidating the claims in habitat choice. It also allows you to travel may transfer free of trouble. He is also part of the world as insurance. If you have a wide range of commercial and ambitious, you can easily hide you realize these benefits.

What is the actual cost of acquisition of nationality of the economic development?

Here some confusion that how to obtain additional cost of passport and nationality. What is the actual address? The purpose is the purpose of different nationalities. In fact, economic and national passport will be same consider.

To obtain a passport in the process more efficient and can have a clear application and fee structure. You can collect all relevant information, the office and take the Internet, including Internet connections and other people have enough information, your concern and consideration of economic citizenship program.

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Sarcoidosis Freedom Cookbook

Check out these Freedom of Information products:

Sarcoidosis Freedom Cookbook
This is the first ever Cookbook dedicated solely to sarcoidosis sufferers. It also contains detailed dietary guidelines on how to avoid aggravating agents from the food we eat.
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Cyberspace Freedom

Being one of millions of  surfers throughout the Internet, I see that fundamental civil liberties are as important in cyberspace as they are in traditional contexts. Cyberspace defined in Webster’s Tenth Edition dictionary is the on-line worlds of networks.    The right to speak and publish using a virtual pen has its roots in a long tradition dating back to the very founding of democracy in this country.  With the passage of the 1996 Telecommunications Act, Congress has prepared to turn the Internet from one of the greatest resources of cultural, social, and scientific information into the online equivalent of a children’s reading room.  By invoking the overboard and vague term “indecent” as the standard by which electronic communication should be censored, Congress has insured that information providers seeking to avoid criminal prosecution will close the gates on anything but the most tame information and discussions.

The Communications Decency Act calls for two years of jail time for anyone caught using “indecent” language over the net; as if reading profanities online affects us more dramatically than reading them on paper.  Our First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press….”  The Act takes away this right.  The Constitution-defying traitors creating these useless laws do not  they understand the medium they’re trying to control.  What they “claim” is that they are trying to protect our children from moral threatening content.

This “protect our helpless children” ideology is bogus.  If  more government officials were more knowledgeable about online information they would realize the huge flaw the Communication Decency Act contains.  We don’t need the government to patrol fruitlessly on the Internet when parents can simply install software like  Net Nanny or Surf Watch.  These programs block all “sensitive” material from entering one’s modem line.  What’s more,legislators have already passed effective laws against obscenity and child pornography.  We don’t need a redundant Act to accomplish what has already been written.

Over 17 million Web pages float throughout cyberspace.  Never before has information been so instant, and so global.  And never before has our government been so spooked by the potential power “little people” have at their fingertips.  The ability for anyone to send pictures and words cheaply and quickly to potentially millions of others seems to terrify the government and control freaks.  Thus, the Communications Decency Act destroys our own constitution rights and insults the dreams of Jefferson, Washington, Madison, Mill, Brandeis, and DeToqueville.

It’s funny, now that we finally have a medium that truly allows us to exercise our First Amendment right, the government is trying to censor it.  Forget them!  Continue to engage in free speech on the net.  It’s the only way to win the battle.

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Unauthorized Access To Confidential Information Can Be Reduced With Information Security Training

The rapid increase of security breach has overshadowed most information security news lately. Recently, a spokesman for US Airways confirmed that some two-thirds of the airline’s pilots — 3,000 of its employees — were affected by the breach. “We take any claim of the breach of sensitive data very seriously,” the spokesman said.

Today’s revelations regarding information security breach reveals that information security is still penetrable at some of the world’s biggest, and most popular organizations. A lot of work still needs to be done to make it highly secured when it comes to managing confidential information.

The USAPA, a union that represents 5,200 US Airways pilots, publicly expressed its frustration with the airline’s handling of the case. The USAPA said the airline recently revealed that a management-level pilot leaked a database of US Airways pilot names, addresses, Social Security numbers, and possibly passport information to a third-party pilot group. The pilots of US Airways, expressed their outrage at the airline’s acknowledgement that its management personnel aided in unauthorized distribution of the highly confidential personal data of thousands of pilots.

USAPA is currently cooperating with a criminal investigation into this matter. Mike Cleary, president of USAPA. “Thousands of us have been exposed to identity theft that could impact us for the rest of our lives. Further, as the Federal Bureau of Investigation has yet to determine the extent of the breach, we are concerned about the security of all information provided to US Airways – including our families’ personal information.

US Airways collects personal information on US Airways employees’ family members and information from passengers, such as credit card data.” “In light of this breach, USAPA has concluded that US Airways cannot be trusted with confidential or sensitive information,” said Cleary. “The union is also extremely disappointed by the Company’s lack of aggressive action to address this issue, first denying that a significant breach had even occurred, then equivocating concerning the extent of that breach, all the while taking no remedial action against the Company personnel involved in the breach. Significantly, the Company has also failed to take steps to provide lifelong protection to the pilots directly affected and adequately address the potential national security issues for all of our pilots and passengers.”

In another case revolving unauthorized access, the UK government cancelled a highly lucrative contract last week because the company that won the contract illegally gained access to confidential information that allegedly gave it competitive advantage over other businesses bidding for the same contract. On this occasion it has resulted in a £6bn loss in revenue. This is a situation where going through a due and fair process is the best route to follow even if you loose the contract. The private consortium Soteria that had been named as preferred bidder for the £6bn contract, which was due to run by 2012 had gained access to commercially sensitive information according to the Ministry of Defense.

The UK military police are currently investigating how a former RAF officer now working with Soteria was able to gain access to commercially sensitive information and pass it on to his current employers. Information security іѕ a very іmрοrtаnt issue. Unauthorized access to information is considered as data breach, which affects individuals and business.

Information security professionals need to constantly seek to defend their information security network from risks and attacks, not only resulting from malwares, but also from unauthorized access from individuals. One way to mitigate internet security risks is with technical security training. EC-Council’s brand new TakeDownCon is a technical information security conference series, in addition to learning from some of the best security experts, TakeDownCon also offers highly sought after technical training courses, including the Certified Ethical Hacker (CEH) course, often touted as the world’s most comprehensive ethical hacking training program.

The CEH Program certifies individuals in the specific network security discipline of Ethical Hacking from a vendor-neutral perspective. The Certified Ethical Hacker certification will fortify the application knowledge of security officers, auditors, security professionals, site administrators, and anyone who is concerned about the integrity of the network infrastructure. A Certified Ethical Hacker is a skilled professional who understands and knows how to look for the weaknesses and vulnerabilities in target systems and uses the same knowledge and tools as a malicious hacker.

ABOUT EC-COUNCIL

The International Council of E-Commerce Consultants (EC-Council) is a member-based organization that certifies individuals in various e-business and security skills. It is the owner and developer of the world famous ethical hacking training, the Certified Ethical Hacker (CEH) course, Computer Hacking Forensics Investigator (CHFI) program, License Penetration Tester (LPT) program and various other technical security training programs offered in over 70 countries around the globe.

EC-Council has trained over 80,000 individuals and certified more than 38,000 security professionals. These certifications are recognized worldwide and have received endorsements from various government agencies including the US federal government, National Security Agency (NSA), Committee on National Security Systems (CNSS), US Army, FBI, Microsoft and CERTs (Computer Emergency Response Team) of various nations. TakeDownCon Dallas 2011, is one of the conferences of EC-Council’s Take Down information security conference series.

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‘God, Family, Republic’ Web Page of Constitution Party Presidential Candidate Michael Anthony Peroutka Now Up and Running

‘God, Family, Republic’ Web Page of Constitution Party Presidential Candidate Michael Anthony Peroutka Now Up and Running










Pasadena, Maryland, (PRWEB) January 21, 2004

http://www.Peroutka2004.com is the Web address for Michael Anthony Peroutka who is seeking the Presidential nomination of the Constitution Party. His themes are “God-Family-Republic.” He believes, as George Washington did, that it is the duty of all nations to acknowledge God by obeying Him. He believes that true marriage is God-created, between a man and woman only and requires the approval of no government. And he wants to restore our original representative Constitutional republic — which was never a “democracy.”

One of five children of Anthony and Elizabeth Peroutka, Michael has served as a law partner with his brother, Stephen, for the past eighteen years in the Pasadena, Maryland law firm of Peroutka and Peroutka, P.A.. During that time he has been active in pro- life issues and has assisted and founded many organizations including “The Institute on the Constitution” that seeks to educate Americans about their own history, heritage and form of government. It was his passion for learning about and restoring Constitutional government in his home state that led him to the Constitution Party and its dedication to principle over politics.

A graduate of Loyola College in Maryland and the University of Baltimore School of Law, Michael has been active in the Constitution Party for several years and currently serves as Chairman of the Constitution Party of Maryland and is on the Executive Committee of the National Party.

Early in his professional career Michael found himself unwittingly involved in a vast criminal enterprise – an experience which dramatically altered his life’s work and helped to chart the path to his intended candidacy for public office. While employed at the United States Department of Health and Human Services as a young attorney, Michael realized that none of the programs on which he was working were authorized by the United States Constitution and were therefore unlawful.

Michael lives with his wife, Diane, and their children, Timothy, Patrick and Elizabeth in Millersville, Md. He is a Bible-believing Christian.

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Personal Income Tax Is it Constitutional

EEE and EET Regime: The modified discussion paper on DTC has proposed to continue with the existing EEE (Exempt-Exempt-Exempt) regime for specified investment schemes such as GPF (Government Provident Fund), PPF (Public Provident Fund), RPF (Recognized Provident Fund), Pension Scheme administered by PFRDA (Pension Fund Regulatory and Development Agency), Term Life Insurance, and Annuity Schemes. In the original draft, the ministry had proposed to adopt EET (Exempt-Exempt-Tax) regime. It is a great relief for the Senior Citizens, as they will not have to pay tax on their withdrawals from PF, or Pension.

The definition of Associated enterprises has been modified and requirement of direct or indirect shareholding has been reduced to 26% to 10%. A loan to other enterprise in book value share has been reduced to 26% from 51%. Power of appoint directors has been reduced to more than half to more than one third. Dependence of raw material has been reduced to two third from 90%. These changes will increase the number of transaction falling under transfer pricing mechanism.

But this created a loophole. Someone who had otherwise “taxable income” could attempt to get out of paying taxes by assigning that income to his/her personal property which would take it out of the category of indirect and make it a direct tax. To make a long story short, this is what led to the 16th amendment.

So Walt went back to California and put a short movie together called “The New Spirit”. The objective was to make people feel it was their “patriotic” duty to pay the income tax. It starred Donald Duck (Walt’s biggest star at the time). Along with this movie, “Inflation” and “Spirit of 43” all played instrumental roles in the tax propaganda.

One of the major concerns of the Constitutional Convention was to limit the powers of the Federal Government. Among the powers to be limited was the power of taxation. It was thought that head taxes and property taxes (slaves could be taxed as either or both) were likely to be abused, and that they bore no relation to the activities in which the Federal Government had a legitimate interest. The fourth clause of section 9 therefore specifies that, “No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.”

All the business has its own image and entity and the tax identification number is used to identify this entity. Simply to be said that it is used to identify employer’s tax accounts. It is also known as Employer Identification Number (EIN) or Taxpayer Identification Number (TIN). The Federal Tax Identification Number or Employer Tax Identification Number or EIN is a nine digit number and it is used to fulfill most of your business needs. It is to be mentioned that, Internal Revenue Service (IRS) assigns the federal tax ID number to identify the business.

In the late 1800’s and early 1900’s, there were a number of corporate tax cases which ruled what was and what was not “income.” In general the government can only tax via two methods – either directly or indirectly. Article 1, Section 9, of the Constitution says a direct tax is a tax that is levied directly upon a person or property, and therefore, it must be apportioned among the states based on the states population. (A primary reason we have a national census.) An indirect tax is levied upon a privilege or an action, such as a corporation, or a sales tax on certain products or business.

There are others from the IRS including Sherry Jackson, a former, highly decorated, revenue agent who wanted to answer the questions posed by the “We the People Foundation.” We the People Foundation were offering ,000 to anyone who could prove the average American was liable to pay taxes. Ms. Jackson wanted to prove them wrong and to collect the ,000; but she could not find the law, even though she worked for years with the tax code while in the IRS, it just was not there. She now works to help the THM educate the American people.

Remove the Federal Reserve and return all money functions back to the government. All Federal Reserve banks should be converted to clearing houses for management of member banks. The banks system should be prohibited from practicing fractional reserve banking and the government should return to value based currency and prohibit debt based currency.

For many in the freedom and tax honesty movement dual citizenship or the dual meaning of the term “United States” Citizen causes a bit of confusion. The term “United States” when used in the Constitution means the many states of the Union however when used in federal statutes it means under federal jurisdiction within the federal enclave or territory.

Direct Tax Code Changes In Transfer Pricing Regulations. Visit <a rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link/4053491’]);” href=”http://www.scltaxlaw.com”>federal tax Lawyer</a>. Taxes What Are They and How Can They Help Society. Visit <a rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link/4053491’]);” href=”http://www.scltaxlaw.com”>stopping wage garnishment</a>.

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How many rights will you allow stripped from you? Watch first eps! www.youtube.com Subscribe to us! www.youtube.com The final episode of our series showcasing what would happen if other rights in the state constitution were taken away. What if you were discriminated against? GET INVOLVED MORE IMPORTANT NOW THAN EVER! FIND EVENTS IN YOUR CITY: www.dayofdecision.com EQUALITY CALIFORNIA: www.eqca.org Created by Benny & Rafi Fine www.TheFineBrothers.com Starring Lisa Schwartz as the Interviewee Rafi Fine as the Interviewer Camera by Benny Fine Sound by Jon Green Every episode we will take another part of the California Constitution and see what would happen if that right was taken away just like same sex marriages were taken away. We did not make this series with any company or for any money. We made this on our own and with the help of other great cast and crew to make a statement against the passing of Prop 8 and a message of equal rights for all. MORE INFO ABOUT PROP 8: Attorneys for same-sex couples, civil rights organizations and the state Attorney Generals office appeared before the California Supreme Court on March 5th 2009 to urge the court to strike down Proposition 8. At issue in the case is whether the initiative process can be used to take away a fundamental right only for one group of Californians based on a trait in this case sexual orientation that has no relevance to the groups ability to participate in or contribute to society. Because the case has serious …
Video Rating: 4 / 5

Posted on August 4, 2011 by , Reply

Jordan Maxwell – The Law – 1/2

Jordan Maxwell and Victor Varjabedian talk about government, religion, and the truth about the Law. www.jordanmaxwell.com

Posted on August 4, 2011 by , 24 comments

Connect with Los Angeles Security Companies – New Site Provides 4 Quotes for Home Security in LA

Connect with Los Angeles Security Companies – New Site Provides 4 Quotes for Home Security in LA














Los Angeles, CA (PRWEB) May 24, 2011

A new resource is now available in Los Angeles that helps businesses and homeowners connect with security companies in and around Los Angeles, California. LosAngelesSecurityCompanies.com keeps users from having to search through the yellow pages and directories or conduct countless search engine queries just to get the best price for a security system in LA. Our service takes the guesswork out of comparison shopping for a business or home alarm system with our simple quote form designed to make the process easier and faster on the web.

“If a LA home or business owner needs a quote for a security system, they simply fill out 1 short quote form. They are immediately matched with up to 4 security companies that serve the greater Los Angeles market.”, states Jami Vernon, Marketing Manager.

Usually within minutes users will start receiving emails and phone calls from selected security companies. These security companies can provide a wide range of security systems such as home alarm systems, business security systems, card access systems and security camera systems.

Our online comparison shopping concept accomplishes 2 things that directly help business and home owners. First it drives more aggressive pricing due to the obvious competitive nature of the program. Second, it provides greater peace of mind for the users since these providers have been carefully screened and each are established and reputable. The service is offered for free while security providers pay a small fee to help support the program.

To learn more about Los Angeles Security Companies or to receive free security system quotes, please visit us online.

About LosAngelesSecurityCompanies.com

LosAngelesSecurityCompanies.com is an online shopping service for the security industry. Our service will put you in touch with local security companies that can provide you with instant quotes for home alarm systems, home automation, business security systems, card access control systems and security surveillance camera systems. This solution is part of the NitroQuote platform which operates similar local and national shopping sites such as CaliforniaSecurityCompanies.com, TexasSecurityCompanies.com and NewYorkAlarmCompanies.com

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Posted on August 4, 2011 by , Reply

Why Intellectual Property Is Protected by the United States Constitution

The Constitution of the United States (Article I, Section 8, Clause 8) grants to Congress the powers to promote “the progress of science and useful arts” by providing inventors the limited but exclusive right to their discoveries. This applies to copyrights and patents, with trademarks similarly protected by Congress under the Commerce Clause (Article I, Section 8, Clause 3).  Together, they are all protected under the umbrella of intellectual property.

The fundamental concept behind protecting intellectual property is that inventors, innovators, artists and others should be able to enjoy the fruits of their creativity and labor for a specified time period, after which the material becomes available for public use, according to E. Anthony Wayne, former U.S. Assistant Secretary of State for Economic and Business Affairs, whose views were published in the U.S. Department of State publication, Focus on Intellectual Property Rights (2008). He goes on to say: “Society benefits because this incentive to create will yield a rich and varied cultural menu for its citizens. Indeed, one can say that copyright protection is a necessary ingredient for ensuring cultural wealth in our societies.”

In societies, such as developing countries, where intellectual property is not protected, ingenuity is stifled and progress stymied.

Americans have always been innovators and inventors. It is part of the pride that we take in our common heritage. Patents provide the protection and the incentive, financial and otherwise, for taking a risk. They protect diverse inventions such as industrial designs, manufacturing processes, high-tech products and molecular compounds.

Yet, the idea of protecting intellectual property remains abstract to some.  The practicality of enforcing this Constitution protected right becomes clear when actual cases are examined. Here are three that stemmed from inventions in the late 1990’s:

1.  Amazon’s 1-Click

Amazon was granted a patent for 1-click technology on September 28, 1999. Also known as one-click buying, the technology allows customers to make an online purchase in a single click—without having to manually input billing and shipping information every time they purchase a product. Instead, 1-click uses a billing address and credit card or other payment info that is kept on file in the user’s account.

There have been several patent disputes surrounding 1-click technology, including a patent infringement lawsuit filed against Barnes & Noble in 1999—only a month after Amazon’s patent was issued. Barnes & Noble offered a checkout option called “Express Lane,” which also enabled shoppers to make a purchase with one click. The lawsuit was settled in 2002; however, the terms were not disclosed. (Source: Legal.zoom.com)

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2.  Napster

In one of the most well-known dot.com intellectual property cases, the Recording Industry Association of America (RIAA) sued Napster, a file-sharing site. Founded in 1999, Napster allowed users to share music files and thousands of people began downloading songs for free rather than buying CDs.

However, Napster did not own the rights to the music that people were uploading to its servers, where the music was stored and ultimately shared. The rights were owned by the recording artists and recording studios. The RIAA sued Napster and won, causing Napster to close its doors—or its servers, as the case may be. Napster now operates as a fee-based music download site and pays licensing fees for the music it sells. (Source:  Legal.zoom.com)

3.  AVS TechnologyTM

AVS Technology covers the input into a computer system of vendor attributes and project specifications, which are then matched to determine a subset of qualified vendors, followed by the sending of the specifications to the qualified vendors and the receiving of at least one bid.  While this method may be in use today across many industry sectors, it was first patented in 2002 and subsequently protected with further patents in 2008 and 2010, with additional patent claims pending on an active continuing application.  AVS Technology makes it possible for organizations to add significant sums to profitability through savings in the procured costs of custom goods and services (such as specialty manufacturing, temporary staffing, construction services, machined parts, textiles, direct mail, marketing materials, commercial print, packaging, labels, and more).

The inventor has a right, even an obligation, to protect intellectual property and have the technology in use licensed.  In the recording industry or consumer goods industry, reproduction or use without licensing is called pirating.  A case is pending to protect AVS Technology. (Source: e-LYNXX Corporation vs. InnerWorkings, Inc., et.al.)

Protecting intellectual property encourages problem solving through invention.  Without this constitutionally protected right, what is the incentive to labor and invest in a new product or service that will benefit society?  The concept of protecting intellectual property is based on a trade-off. The inventor is granted an economic incentive to take risks and create. The public benefits not only from the invention itself, but also from the inventor’s knowledge for possible uses in other applications.

 

About e-LYNXX Corporation

e-LYNXX Corporation patented the technology integral to e-commerce.  Endorsed by Educational & Institutional Cooperative Purchasing (E&I) and Printing Industries of America (PIA), e-LYNXX drives results through its three divisions.  ● AVS TechnologyTM licenses the patented* automated vendor selection procedure used in e-commerce and procurement systems.  ● American Print Management provides web-based system, services and patented AVS TechnologyTM to reduce substantially the procured costs of direct mail, marketing, publications, packaging, labels and other procured print.   ● Government Print Management offers effective U.S. GPO bid services and strategies.  www.e-LYNXX.com – 888-876-5432

 

*U. S. Patent No. 6,397,197, Patent No. 7,451,106, post-Bilski Patent No. 7,788,143, and Continuing Application 12/855,423 (collectively, the AVS TechnologyTM) – This thicket of patents covers all custom goods and services, not just print.  To inquire about licensing, contact Anthony Hawks at 888-876-5432 or Michael Cannata at 905-773-2207.

William Gindlesperger, a nationally recognized entrepreneur, inventor, author and consultant in print and procurement, founded ABC Advisors and its successor, e-LYNXX Corporation, in 1975.   Print buyers and suppliers alike have benefited from his insight and innovation. Mr. Gindlesperger has advised Congress on the development, operations and future of the U. S. Government Printing Office (GPO) and the federal print program in general. In 2009, he was inducted into Printing Industries of America’s prestigious Ben Franklin Honor Society for his lifetime achievements. The editors of Supply & Demand Chain Executive magazine named him one of the most influential procurement leaders in North America in 2010.  Mr. Gindlesperger invented the Automated Vendor Selection Technology that optimizes cost reduction in the procurement of specification-defined goods and services. A native of Chambersburg, Pa., Mr. Gindlesperger is a graduate of Dickinson College.

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