In a television appearance many years ago, the late, great comedian George Carlin brilliantly and succinctly explained how you don’t need to have meetings - to have a conspiracy:
“You don’t need a formal conspiracy when interests converge. These people went to the same universities and fraternities (and sororities). They’re on the same boards of directors. They’re in the same country clubs. They have like interests. They don’t have to call a meeting. They know what’s good for them. And they’re getting it.”
Most unfortunately for the United States, what the Left wants - is the destruction of the United States. “And they’re getting it.
They’re getting it - because they control all of society’s commanding heights. Government bureaucracies, government schools, colleges and universities, all things traditional media, social media,… - all controlled by the Left.
The tiny Hive Mind into which the Left’s rank-and-file tap? Is generated by this tiny Hive Mind elite.
So when Leftist federal judges issue rulings that are right up the alley of the Leftist head of the Federal Trade Commission (FTC)? You don’t have to think the FTC Chairman called the judges and asked them to issue those rulings.
“They have like interests….They know what’s good for them.”
The chairman of Joe Biden’s FTC is Lina Khan. Who attended Yale law school.
One Joe Biden-appointed judge in question is Judge Jinsook Ohta. Who attended Yale undergrad.
Ohta’s ridiculous ruling was (in part): Intellectual Property (IP) - specifically patents - violates antitrust law. Which is patently absurd (SWIDT?).
Intellectual Property Law Trumps Antitrust Law - Per the Constitution:
“Guess what’s in the Constitution? Guess what isn’t?
“‘The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 8).
“‘The clause states that: “[the United States Congress shall have power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”’
“‘The clause is the basis of intellectual property laws in the United States, specifically copyright and patent laws.’…
“The Constitution is supposed to subsume any law that contradicts it. Per the Constitution.
Which means IP law subsumes antitrust law.”
“Exclusive right” - means a monopoly. By definition. Which means a patent can not violate antitrust law. Per the Constitution.
But Leftists loathe the Constitution, so….
Judge Ohta’s ridiculous jurisprudential notion is not new. It is, in fact, also currently being flogged by Biden-appointee Judge Jacqueline Scott Corley. Who attended Harvard Law School.
Qualcomm Must Face Consumer Antitrust Lawsuit Over Chip Monopoly:
“In a 37-page ruling, U.S. District Judge Jacqueline Scott Corley in San Jose, California, declined on Jan. 6 to throw out claims that Qualcomm violated California state antitrust law through ‘exclusive dealing’ relationships with Apple Inc and other part suppliers and device makers to maintain a monopoly in the modem chip market.”
But all of this - is all actually flashback idiocy. It has been previously fostered by Barack Obama-appointed Judge Lucy Koh. Who attended Harvard undergrad and law school.
“‘Appeals Court Throws Out Antitrust Ruling'
“In the world of judges and Justices - this is exceedingly embarrassing:
“‘A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a 2019 ruling by a federal judge who found that Qualcomm had abused its monopoly position in wireless chips and overcharged mobile phone makers for its patents….
“Not mentioned by the eternally pathetic New York Times? Said ruling was bipartisan and unanimous.”
What predicated the case on which Judge Koh appeared so foolish? That brings us to the FTC. Specifically - Obama’s FTC.
This ridiculousness was filed a ridiculous three days before the Obama Administration was sworn out - and the Donald Trump Administration was sworn in. Because everyone knew Trump’s FTC wouldn’t be anywhere near this foolish.
Most unfortunately, the case shambled on throughout the Trump Administration. Because of a 2-2 FTC Commissioner tie - Trump’s FTC couldn’t vote to end it.
And that brings us to Biden’s FTC - and its Leftist chairman Lina Khan. Who is an unadulterated antitrust radical.
It ain’t a stretch to think that Khan will apply her antitrust radicalism to patents. In no small part because her FTC has already said they will.
FTC to Come Back Stronger After Dropping Qualcomm Litigation:
“The Federal Trade Commission’s decision to drop its antitrust case against Qualcomm Inc. is part of a broader strategy to regroup and build more favorable case law rather than a retreat from this type of litigation, attorneys say.
“Appealing the case to the U.S. Supreme Court now could end the FTC’s ability to target companies with similar business models if the justices rule against the agency.”
Get that? The FTC knows the Supreme Court will likely squash their ridiculous antitrust anti-patent push.
So they are starting all over. To broaden as much as possible their antitrust abuse. So as to make life miserable for as many people as possible.
I’m sure that won’t have a chilling effect on invention and innovation in the US.
I kid. I’m a kidder.