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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)


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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Raw Food Diet – How it Affects a Person’s Fertility With YIN Constitution in TCM Perspective

I. Introduction
A. What is a typical American raw food diet
The raw food diet is defined as a type of diet of which at least 75% of the daily diet must be unprocessed and uncooked foods or foods can not be heating above 115 degree of Fahrenheit or 40 C, including fresh fruit and vegetables and raw meats. A typical American raw food diet contains mostly yin and dampness pathogen, including mostly raw fruits, vegetables and nuts and seeds.

B. What is a person with yin constitution
According to traditional Chinese medicine, yin constitution is genetic passing through pattern which you inherited from either one of your parent. It represents in the deep layer in your body. A person with yin constitution tend to have
1. colder hands and feet
2. You tongue pale
3. Chill easily
4. etc.

It is for your benefit to take more of warm foods to counter the affects of excessive yin.

II. How raw food diet affects fertility
Since raw food diet is considered as yin and dampness pathogens, it affect a person with yin constitution in different ways

1. Digestive system
Spleen is one important organ needed to break down the food and transform them to energy for keeping our body active. A person with yin constitution already has access yin in the under layer of his or her body, while raw foods are also yin pathogen, it further declines yang qi in the body and weakens and the digestive system in absorbing vital vitamins and minerals, leading to severe digestive disorder and nutrients deficiency.


2. Circulatory system
Blood are always important to carry oxygen and nutrients for replenishing the depletion of energy lost due to daily activity, dysfunction of spleen causes inability of liver in blood transformation, leading to not enough blood to supply for our body system, causing blood to divert aways from the reproductive organ resulting in delay menstruation, irregular period. In some severe case, it cause infertility.

3. Nervous system
If there are not enough blood to supply the central nervous system in information transmitting and regulating the body function, including hormone secretion, it causes nervous system, such as over production of certain hormones, leading to stress, tiredness, fatigue, irregular menstruation, etc.

4. Secretory system
Since raw foods are considered as dampness pathogen, it also interferes with the spleen in controlling the internal dampness caused by impairment of water metabolism within the body or spleen, leading to impairing the spleen yang and the development of interior damp-cold, resulting in qi and blood stagnation, leading to delay menstruation and menstrual pain and cramps.

Since Kidney yin is defined as the foundation of the yin fluid of the body, therefore it helps to moisten, nourish the organs and tissues and maintain the body fluid balance with fire of kidney yang. Raw foods are yin in nature, prolong intake of may decrease the yang qi in the kidney, leading to symptoms of heat, causing fluid imbalance, irregular menstruation and in serve case, causing infertility

III. Treatment
a) Cooking your food or counter it with some warm foods and avoid over consumption of hot foods which may contribute to cool heat in your body.
b) Moderate exercise is always recommended in traditional Chinese medicine to increase blood flow.
c) You make sure that you relax and rest a lots to avoid the abnormal production of certain hormones

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All articles By Kyle J. Norton Are For Information and Education Only, Please Consult With Your Doctor or Related Field Specialist Before Applying.

All rights reserved. Any reproducing of this article must have the author name and all the links intact.
“Let You Be With Your Health, Let Your Health Be With You” Kyle J. Norton
I have been studying natural remedies for disease prevention for over 20 years and working as a financial consultant since 1990. Master degree in Mathematics and BA in world literature, teaching and tutoring math at colleges and universities before joining insurance industries. Part time Health, Insurance and Entertainment Article Writer.Part time Health, Insurance and Entertainment Article Writer.

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Click here to watch the full movie: video.google.com Neither left- nor right-wing, this startling examination exposes the systematic erosion of civil liberties in America. Please suport this film, donate here: www.freedomtofascism.com Aaron Russo talks with former Chief Counsel and IRS Commissioner Sheldon Cohen. Mr. Cohen also is the AUTHOR of the TAX CODE! You WILL NOT believe what you hear! The US doesn’t want you know know this! Article XVI which gives the congress the “power” to have a federal income tax, was found to be UNCONSTITUTIONAL by the Supreme Court! How congress can ratify anything found UNCONSTITUTIONAL is BEYOND me! www.claremont.org The Supreme Court declared it unconstitutional in 1895. Referring to the explicit prohibition against direct taxation in Article I, the court argued that the income tax would excessively enhance federal power in relation to state power. www.usconstitution.net In 1895, in the Supreme Court case of Pollock v Farmer’s Loan and Trust (157 US 429), the Court disallowed a federal income tax. The tax was designed to be an indirect tax, which would mean that states need not contribute portions of a whole relative to its census figures. The Court, however, ruled that the income tax was a direct tax and subject to apportionment. This was the last in a series of conflicting court decisions dating back to the Civil War. Between 1895 and 1909, when the amendment was passed by Congress, the Court began to back down on its position, as it

2009 Health Care Reform Bill, Pros & Cons – What About the Constitution?

There is daily coverage of the 2009 Health Care Reform Bill pros and cons. The coverage is incessant and well it should be. This health care plan will change our lives. However, there is a fundamental question that is ignored, what about the Constitution?

Very recently, Speaker of the House Pelosi was asked by CNS News, “… where does the Constitution grant Congress the authority to enact an individual health insurance mandate?” Her response was, “Are you serious? Are you serious?” CNS News: “Yes, yes I am.”

Later, Pelosi’s press secretary went on record as saying, “That is not a serious question.” My question: “Asking for Constitutional clarification is not a serious question?”

I have another question just how many of our Senators and Representatives do you think have actually read the Health Reform Act? Yes, I think you are right. Not very many.

Regardless, it seems to me that it is not within Congress’ or President Obama’s authority to dictate to any citizen whether an individual must carry health insurance. How about you? How do you feel about it?

It is like automobile seat belt laws. I know that there is evidence to support the use of seat belts. Still, in my naive way of thinking, I cannot accept being fined for not wearing my seatbelt. There is no evidence that my not wearing a seatbelt will hurt any one else.

So then, this law, the seatbelt law, is a law for my own good. A law passed by those that know better for my own good. Whatever happened to my unalienable rights? I realize that those unalienable rights are not part of the Constitution but they are words on which this nation was founded (The Declaration of Independence).

Some would argue that enacting a Public Health Policy requiring health insurance under penalty of prosecution falls under the Congress’ Constitutional prerogative or right and duty “to promote the general welfare”. I agree.Promoting the general welfare is Congress’ obligation. However, it is not their prerogative, duty or right to dictate the general welfare. Promoting and dictating are two distinct words with completely different meanings.

Any law that would require a citizen to insure himself for his own protection under penalty of prosecution is not promoting. That is dictating. It is enforcement, not a suggestion.

Do not confuse the likes of auto liability insurance, which is an enforced law in most of the country, with a required health insurance mandate.

Liability insurance protects you from the consequences of someone else’s actions. If someone causes harm or damage to you or your property, you have recourse. Liability insurance protects you from someone else’s negligence not your own.

Requiring liability insurance is promoting the general welfare. That mandate protects you from others. Health insurance protects you for you. It does not protect you from someone else.

Requiring me or anyone else to have medical insurance under penalty of prosecution is just plain wrong.

Maybe we should also require mandatory life insurance, so that I can pay those exorbitant funeral costs. What do you think?

There are many events and issues that deserve honest non-partisan review. Tony Perez is the editor of just such a review.

You can express your objective non-partisan opinions and comments at http://The-Independent-Voice.com. Go there now and give us your insight.

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Q&A: What constitutional protection to salvery did the constitution provide?

Question by miranda.: What constitutional protection to salvery did the constitution provide?
I need to know about slavery in the constitution, like..how did slavery encourage different interperations of the constitution and the nature of the union?

Best answer:

Answer by Chuck G
Volumes could be written on the topic. Sorry but you’re going to have to do your own research.

What do you think? Answer below!

Constitution in runescape

The Constitution
by OZinOH

Life points represent the amount of damage a player or monster can withstand until it dies. Death occurs when a player’s or monster’s life points reach zero. The maximum number of life points a player may have without boosting is 10 times his or her Constitution level.

Players begin with 100 life points and a Constitution level of 10, with 1,154 experience, and at level 99 Constitution, players will have 990 life points. The current minimum requirement to be ranked (at rank 2,000,000) on the hiscores for Constitution is level 65. As of 09 January 2011, there are 114,855 players that have achieved level 99 in Constitution.

The number of life points a monster has varies between 1 and 30,000. Nex, the highest level monster in RuneScape, tops this list, followed by Corporeal Beast, Nomad, Turkey (2009 Thanksgiving event), Decaying avatar, Pest Queen, Living rock patriarch, Skeletal horror, Tormented demon, Ice strykewyrm, Living rock striker, Kree’arra, Commander Zilyana, General Graardor, K’ril Tsutsaroth, and the Kalphite Queen (the Kalphite Queen has two forms, each of which has 2,550 life points, effectively giving her 5,100 total life points). The title of monster with the lowest amount of life points are the Evil creatures from the quests The Eyes of Glouphrie and The Path of Glouphrie with only 1 Lifepoint. However, Xenia from The Blood Pact appears to have only 4 life points but is never fought, only attacked in a cut scene. Later, she reveals that she was pretending to be hurt worse than she actually was, so she may therefore have more than 4 life points. In the Temple of Ikov quest, Lucien only has 1 life point, but you can only fight him once.

Do you want to play runescape game? Welcome to our website for runescape gold and runescape powerleveling service.You can come and have a look!

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Indian Policy and Constitution – Some Few Facts

By the 69th Constitutional Amendment Act 1991 Union Territory of Delhi was redesignated as: -The National Capital Territory of Delhi in 1992

Cultural and Educational Rights are enshrined in: -Article 29-30

Which Article declares that a constitutional amendment is not a law and hence cannot be challenged? -Article 13

The law which imposes penalties retrospectively (retroactively) upon act: already done or which increases the penalties for such act: is known as : -Ex-post-facto law

The most important law enforcing Article 24 prohibiting the employment of children below the age of 14 years in any factory or other hazardous activities is : -The Child Labour (Prohibition and Regulation) Act 1986

Under the Chapter Amendment of the Constitution (Article 368 in Part XX) special majority of Parliament means: More than 50% of the total membership of each House and a majority of two-thirds of the members of each House present and voting

In India, the President is the head of the state while the Prime Minister is the head of: -The government

In scheme of bicameral legislature as provided in the Constitution of India, Rajya Sabha represents: -The States of Indian Federation

The Constitution of India has divided the powers between the Centre and the States in terms of: -The Union List, State List and Concurrent List

In comparison with the American Federation which is described as an indestructible union of indestructible states the Indian Federation is:
-An Indestructible Union of Destructible States

The leader of the largest opposition party having not less than one-tenth seats of the total strength of the House is recognised as the: -leader of the Opposition in each House of Parliament

The last session of the existing Lok Sabha after a new Lok Sabha has been elected is called: Lam-Duck Session

Dorte Marine is expert freelance author writes reviews, articles and blogs. Find general knowledge, current affairs and gk question answer, that may be helpful for you.

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Is the Constitution to be changed and interpreted by the courts according to their own pleasure?

Question by Ningii-waabamaa Okemos: Is the Constitution to be changed and interpreted by the courts according to their own pleasure?
With Goowin Liu’s nomination to the Appeals Court and his interpretation of the Constitution as “should be bought up to time” is very troubling for me. Because my interpretation of the Constitution is that the Founding fathers envisioned changes in the future which is why they included the Amendment process and not Judicial Activism as both the right and left have done which in my mind has corrupted the legal system.

BTW, where are my people the Polynesians and Native Americans on this issue? Too much Kava,,,geez.

Best answer:

Answer by Uncle Pennybags
It’s not supposed to be, but it often has been.

Example: The Kelo case actually changed words in the Constitution. The eminent domain clause in the 5th Amendment used to be for “public use.” But according to Kelo, land can be seized for the “public good.”

Add your own answer in the comments!

How does the Australian Constitution outline the roles of the three arms of government?

Question by Thomas M: How does the Australian Constitution outline the roles of the three arms of government?
In what sections of the AUS Constitution does it outline the roles of the three arms of government (executive, legislative and judiciary)?

Best answer:

Answer by Bella Rose
All this information that you need to know about the Australian Federal Constitution is included on this web site provided by the Australian Federal Government.


Select any of these topics in Blue for further detail
Full text of the Australian Constitution

History of Australian Constitutional Law

I hope that this information helps in finding out about the Australian Constitution.


What do you think? Answer below!

Q&A: How far did the constitution solve the problems with the articles of confederation?

Question by Kybo: How far did the constitution solve the problems with the articles of confederation?
By analyzing the main problems of the Articles of Confederation how did the Constitution solve them?

Best answer:

Answer by Revsoldier
Very basically, the Constitution gave us a stronger central (federal) government. Under the Articles of Confederation, the states had power, their own currency and tax rates. They could not agree on federal issues, for example how much each state should contribute to pay the war debt. They also all had different currency. Under the Constitution, the power shifted from the states to the federal government, which collected and dispersed taxes due for war debts as well as other needs. There was a unified currency system. These were important changes, among others. For an item by item comparison, refer to:
The following is also a good site I have viewed before, but was down at the time I tried to access it:

What do you think? Answer below!

The present Public representatives vis-a-vis immunity provided to them in the Constitution

The Parliament Members are  provided certain powers,privileges and immunities vide Article 105 of the constitution.Some of these protections as mentioned below-

No member of Parliament is liable to any proceedings in any court in respect of anything said or any vote given by him in parliament or any committee there of.
No person is liable in respect of the publication by or under the orders of either House of Parliament of any report,paper,votes and proceedings.
No court shall look into the validity of its proceedings.
No Member of Parliament is answerable to any court for exercise of the powers vested in him under the Constitution.
Complete freedom of speech without restrictions applicable as in Article 19(1)(a).

These previleges are given to the Members of the Parliament of either house who are elected  directly or indirectly  based on  adult frachise.In the system voters in India are deemed to be citizens of the country who are not less than18 years of age and not disqualified under the Constitution or any law made by the appropriate legislature or certain grounds like non-residence,unsoundness of mind,crime,illegal or corrupt practices,have right to be registered as voters in any election.Now a days voters in India ,by and large, are divided on the basis of  caste ,creed or society which make them unsound and partial in electing their candidates.Some of them are influenced by a rate(price) to vote an allure by candidates in the fray which is certainly a crime and a corrupt activity.Hence these voters should be deemed to be as disqualified for voting and the members elected by these voters have no stature which should be that  of the Members of Parliament who are elected without money,caste or muscle power. Hene these members of the Parliament have no right to claim dignity,protection ,protection and immunities which are embodied in the constitution.Like wise the Prime Minister who is the leader of the majority group /party  and the other ministerial collegues who are picked up from the group have no right to  protection which is entitled in the Constitution.

Considering the present scenario of elections to the Members of the parliament the hue and cry raised by certain political  parties and government members of the Lokpal Bill drafting commity regarding the threat to parliamentary democracy and the Consitution of India by civil society members is not warrented.In fact the Members of the Prliament and ministers including Prime Minister are servants of the people and ought to work for the people and are to be  guarded and corrected by a strong, impartial,rigid mechanism which should be seperated from executive like judiciairy.So the process of drafting a strong and stringent bill is the need of the day to tackle the monster of corrution which extended its clutches to the burocracy,,judiciary and politics.


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www.RonPaul.com – 04 Ron Paul talks with Don Imus about his son Rand Paul, why so many people are misinterpreting the the Constitution, what motivates the supporters of big government, whether he will run for president in 2012 (he hasnt decided yet), the US governments unwavering support for Israel, and what Barack Obama should say to Wall Street when he talks to them. Ron Paul is America’s leading voice for limited constitutional government, low taxes, free markets, and a return to sound monetary policies. For more information visit the following sites: www.RonPaul.com http www.house.gov www.YALiberty.org http www.RonPaulForums.com
Video Rating: 4 / 5

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