Re: Research Process Patenting

To further proactive thought, here are some things to think about.

Such patents would most decidedly effect adversely software and works
created to serve the public interest, and

Such patents would most decidedly effect adversely research and works
derived from it created to serve the public interest, and

such things need to be thought about unless we're content to get angry
reading about new wretched patents on slashdot. We can, you know,
anticipate the need for change and make room should unfortunate things
occur.

I am not implying action is even needed. I'm attempting to determine if
my concerns even have foundation.

I must ask for your kindness in helping me to understand, where was that
not abundantly clear?

Kindly,
--Tim

On Mon, 2007-07-23 at 23:00 -0400, Mark R Dobyns Jones wrote:
> On 7/23/07, Andrew Sullivan <ajs(at)crankycanuck(dot)ca> wrote:
> > On Tue, Jul 24, 2007 at 01:46:29AM +0800, Tim Post wrote:
>
> > As I understand it, such direct lobbying would also violate our tax
> > status; which is the other reason not to raise this issue here.
> >
>
>
> Mr. Sullivan's reply is inaccurate on the lobbying and gag-rule topics.
>
> United States tax exempt organizations are permitted to lobby
> legislatures, within limits. This is how it is possible for United
> States universities, and other tax exempt organizations to lobby for
> particular laws. There is a prohibition against tax-exempt groups
> campaigning for a candidate for office. A lot different.
>
> In general, tax exempt organizations are permitted to talk about the
> topic of lobbying for, or potentially lobbying for something, or
> analyzing the process of lobbying, without worry, since talk costs
> nothing, without jepardizing its tax status. If the typical organization
> gets serious about lobbying efforts, generally it elects to use an
> expenditures-reporting test, so that it may know what the measure and
> threshold is, and plan for staying below the relevant threshold.
>
> For "non-electing" organizations the determination on lobbying is based
> upon a review of all activities, so that "no substantial portion" of
> the organization's activities may be lobbying.
>
> See the U.S. Internal Revenue web site for brief background:
>
> - Expenditures test election:
> http://www.irs.gov/charities/article/0,,id=163394,00.html
> - The election form: http://www.irs.gov/pub/irs-pdf/f5768.pdf
>
> - The "substantial part test, for non-electing organizations:
> http://www.irs.gov/charities/article/0,,id=163393,00.html
>
> ~Mark Jones
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