Seton Motley | Less Government | LessGovernment.org

Undermining the IP Protectors

The Left loathes business and businesses. But business and businesses are mere symptoms of the disease they REALLY loathe – capitalism. For which they bizarrely think the “cure” – is uber-failed Socialism/Communism.

The Left is absolutely monolithic. No dissent is allowed – everyone must conform. And its political manifestation is the Democrat Party. Thus, all Democrats must conform – they must all loathe business.

The Democrat Party is currently conducting a presidential primary. The alleged moderate alternative to avowed Socialist Bernie Sanders is Hillary Clinton (despite the fact that she voted 0.1% less Left than he when they served together in the Senate). In last week’s debate, the candidates were asked “Which enemy are you most proud of?” Secretary Moderate’s response?

“Well, in addition to the NRA, the health insurance companies, the drug companies,…umm, the Iranians,…um, probably the Republicans.”

(Overlooking the other ridiculous answers,) the drug and insurance companies – are your ENEMIES, Secretary Moderate? Two sets of job-and-product-creating entities? That are now (too late) fighting desperately to save We the People from ObamaCare – your government “cure” to private sector health care? Oh wait – asked and answered.

Some other candidate “enemies?” Sanders – Wall Street (en toto) and the pharmaceutical industry. Lincoln Chaffee – the coal industry. That’s a whole lot of business loathing going on. (Jim Webb cited an actual enemy – from the Vietnam War in which he nobly served. Which makes him such a Donkey outlier that he is already considering an independent run.)

Despite decades of government school indoctrination, capitalism still thankfully remains at least a little more popular than Socialism/Communism. Which leaves a wide-open majority-making opportunity for the Republican Party. Simply defend legal businesses and their reasonable, Constitutional interests from government’s uber-heavy hand – and congratulations, you’re a winner.

So why are Republicans sponsoring this?

Under consideration in Washington, D.C. is legislation that will fundamentally transform our patent system. It will render this Constitutionally protected intellectual property product – dramatically less protected. The bills to which I refer are the Innovation Act (House) and the Patent Act (Senate)….

These “reformers” are…considering another really, REALLY TERRIBLE idea. That sets the stage for near-limitless government-caused damage to not just patents – but the entire private economy….They want to “pierce the corporate veil.”

“(A) legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood….”

So why is DC looking to end this protection?

“One of the discussion points about the new PATENT Act reform proposal making the rounds is the ‘reach through’ that pierces the corporate veil for those entities….I’m left scratching my head and wondering whether this is where we want to make our stand, heading down the slippery slope of corporate veil piercing….”

And it is indeed a very slippery slope. If government shreds the corporate veil here – the precedent is set.

Of COURSE the Democrat Party – an operational partner of the trail lawyers bar – will seize on it to dismantle this lawsuit bulwark everywhere they can.

Which yet again begs the question: Why are Republicans giving Democrats this litigious impetus? And doing so in the name of “lawsuit reform?” Unless by reform” they mean exponentially increasing the number of lawsuits to come.

And as bad as is the lawsuit landslide this will incept – it is but one of the many, MANY terrible results of this legislation. The damage will be omni-directional – and devastating.

Undermining legal corporations – and the protections they provide – yanks away a fundamental pole upholding capitalism’s big tent. If you can’t shield your personal assets from assaults on your business, it is quite likely you – and most people – simply won’t go into business.

Which is a Leftist dream come true. So why are Republicans helping make that dream a reality?

This first appeared in Human Events and Red State.