home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky alt.abortion.inequity:6141 misc.legal:21662 talk.abortion:52719
- Newsgroups: alt.abortion.inequity,misc.legal,talk.abortion
- Path: sparky!uunet!haven.umd.edu!darwin.sura.net!spool.mu.edu!agate!dog.ee.lbl.gov!news!nosc!crash!lairdb
- From: lairdb@crash.cts.com (Laird P. Broadfield)
- Subject: Re: Embryos as Property?
- Organization: "Well, a head on top, an arm on each side, two legs...."
- Date: 22 Dec 92 20:57:28 GMT
- Message-ID: <lairdb.725057848@crash.cts.com>
- References: <1992Dec16.155842.17381@zooid.guild.org> <lairdb.724566025@crash.cts.com> <nyikos.724958698@milo.math.scarolina.edu>
- Keywords: Property rights, abortion, compensation for involuntary loss...?
- Lines: 66
-
- In <nyikos.724958698@milo.math.scarolina.edu> nyikos@math.scarolina.edu (Peter Nyikos) writes:
- >In <lairdb.724566025@crash.cts.com> lairdb@crash.cts.com (Laird P. Broadfield) writes:
- >>Hmmm. Let's go with this a little and see where it gets us. Taking an
- >>embryo to be a body part of the mother, what is the "legal" status of a
- >>body part?
-
- >The claim that the embryo is a body part of its mother, besides being
- >pseudoscience of the lowest order, is just as offensive to me as the
- >notion that it is property.
-
- Whether or not is is "pseudo-science" would appear to be a matter of
- opinion; whether or not it is offensive to you has absolutely nothing to
- do with the law. Many things in the law, many decisions in individual
- cases, many actions by governments are offensive to me. Nonetheless
- I can engage in rational discussion of them without trying to squelch
- the discussion on the grounds that it's `icky'.
-
- >>Hmmm. This would seem to be descending to the trivial (not that the law
- >>doesn't, but...) since the non-gestating partner has only contributed a
- >>single cell (not even that, really, just a strip of chromosome.) BUT,
- >>stay with me for a minute....
-
- >But without that "contribution" there would have been no embryo to begin
- >with. Just as it takes two to tango...
-
- True. However, the question at hand (although you keep trying to drag the
- discussion off into the weeds) is on the property/other rights the two
- people might have in the offspring. Your response would seem to say
- that if your friend gives you a set of sparkplugs for your car, he
- suddenly has some rights to the whole thing. Please explain further.
-
- >>Wellll, the non-gestating partner has contributed only a single
- >>chromosome,
-
- >Go back to high school biology. The partner contributed 23 chromosomes.
-
- Okay, okay, mea culpa, a minor thinko. The point remains the same: the
- partner has contributed to the mix an important component of negligible
- mass (as with the sparkplug analogy above.)
-
- >What else are you a pseudo-expert on, Laird? are you, at least,
- >following the "various genetic IP cases" you mention below? Do they
- >indulge in the same pseudoscience you do?
-
- >>so we'll ignore their physical property rights for the moment, but what
- >>about their *intellectual property* rights? Does a person have an IP
- >>right in their chromosome sequence? In another example, suppose someone
- >>clones you; do you have a copyright case against them? (Again, entirely
- >>serious question, anybody following the various genetic IP cases?)
-
- I follow them a little; part of the point of my post was to find out if
- someone more up-to-date on the cases would come forth. Since you seem
- obsessed with having a flamefest rather than a discussion, I wouldn't
- be surprised if no one bothered. WRT "pseudoscience", aside from my
- admitted thinko on chromosomes vs. cells, I don't see any mention
- of Kirilian auras or spoon-bending in my remarks. Seems to me that
- someone who insists on some sort of miraculous difference between
- one cell and two merged cells is more open to accusations of pseudoscience
- than I. This *still* has nothing to do with the original question of
- IP rights in genetic sequences, work-product rules, or relative (no
- pun intended) property rights.
-
-
- --
- Laird P. Broadfield lairdb@crash.cts.com ...{ucsd, nosc}!crash!lairdb
- Hi! I'm a shareware signature! Send $5 if you use me, send $10 for manual!
-