magna carta program contest submission form · magna carta: no one ... narrator (with slides): when...
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Magna Carta: No One – Even the King – is Above the Law – Even IP Law
TEAM 5 – SKIT
2/19/05
1
I. Opening Remarks
II. Introduction
III. MINI-SKIT ONE: King John/ Events Leading up to Magna Carter
(Source: law.jr.rnk.org/pages/12301/Magna-Carta-Events-leading-Magna-Carta.html; and
http://www.archives.gov/exhibits/featured_documents/magna_carta/legacy.html)
Narrator (with slides): In the 1200’s Britain was a feudal society. In exchange for land, barons
would provide knights for the King’s army.
The King had upset both the Catholic Church and the Barons.
The Church had excommunicated King James in 1209. This means that the Church excluded the
King from the Church. But the Church also banned all church services in England, which meant
that not only was the King excluded from practicing Catholicism, but also all of the Barons and
everyone else in England. This was a cause for great concern because the Church taught at the
time, that if you don’t go to church …
You get to meet Mr. Pitchfork. Nobody wanted that.
In July 1214, King John had lost an important battle to King Philip II at Bouvines resulting in a
loss of land in western France. He also lost the income that had been generated from the land.
At home, the barons were unhappy with the King. They believed he was unjust and disapproved
of his fiscal policies. While there was a court system at the time, raising the issues to the court
was futile. King John appointed the judges and the fines imposed by the judges were often
extreme and often involved taking the individual’s property.
The King wanted even more Knights to fight more battles. And the King wanted to impose
additional taxes or a scutage on the Barons to fund additional fighting and to make up for the lost
income for the lost lands in Northern France.
The Baron’s captured London and could exclude the King—they had already fought with the
King’s forces and held London and controlled the income from it while they had it. The Baron’s
were fed up with the King.
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The King eventually reconciled with the Church on his excommunication but there were still
disputes between the King and the Church.
The stars were aligned for a resolutions between the King, the Barons, and the Church. That is
why we needed the Magna Carta.
Let’s see how King John may have handled the situation upon his return home in the summer of
1214.
[King John (KJ) sitting at a table and Servant (S) walks in handing two scrolls. KJ open the first
one.]
KJ: Well look here my new crown make of beautiful colored cloth and rubies will be arriving
shortly. And I only paid ($X) for it.
S: Wonderful, your highness.
KJ: Of course. Now hand me that other scroll. It is thick. I am curious.
S hands KJ the scroll. KJ opens the long scroll and it goes to the floor. KJ scans it and pulls up
the end.
[With a shocking look] KJ: Wow. That war in France cost a pretty penny. I just don’t have that
much money. What should I do?
S [meekly]: Um, You could not buy that crown.
KJ [ looks at S like he is crazy]: I know I’ll just have the barons pay a scutage. You know a fee
for not providing me with knights to fight King Philip II. Yes, it was their fault I lost. They
should pay for it.
S: Um. Sire. You already charged them a scutage for the last battle. The barons in the north
believe your fees are excessive. They are wanting you to reconfirm Henry’ I’s Coronation Oath
to limited the funds you can charge them.
KJ: Nonsense. I am the King. I am above the law. If I cannot decide the taxes then who can?
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S: The Barons agree you can charge taxes. They just have to be reasonable. They do not want to
pay for your every wish.
KJ: I am the King. I deserve it.
S: As you wish, your highness.
KJ: Send them the bills. Wonderful. Done… I just can’t wait to have my new crown with all
those rubies.
IV. MINI-SKIT 2: Barons and KJ
Narrator (with slides)
Baron 1: Can you believe it? We have captured London from King John’s army!
Baron 2: Despite all of the Kings’ resources, we finally have leverage for our demands.
Baron 3: Yep, it only took us about a year.
Baron 1: Yes, the King should agree to our demands now.
Baron 2: We may finally have protection over our property. Everything we make and earn won’t
have to go to him when he wants it.
Baron 3: I sure hope he agrees.
[Baron’s walk and King John meet with King’s reps]
Baron 1: The people demand limiting the King’s power.
Baron 2: Yes, we want justice in taxation. We want to own our property.
Baron 3: And we want respect for the ancient feudal customs of mutual obligations and fairness
that King John ignores.
King’s rep 1: But the king needs money. He no longer has the income from the lost lands in
western France.
King’s rep 2: And he has all of the bills from the war to pay.
King: How can I live with all that debt? How will I afford my new crown?
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Baron 1: We are not afraid to go to war. We have already taken over London.
Baron 2: If the King cannot follow the feudal customs of fairness, we do not need to be loyal to
him. But if he signs our request, we will renew our allegiance to him.
King John: I am the King. I don’t have to follow rules. I’m tired of you barons not obeying me.
You must pay for the wars!
[King rep 1 and King rep 2 pull aside the King]
King rep 1: Your higness, they have London. They refuse to pay your taxes and now can control
London.
King rep 2: And they are not going to be loyal anymore. They can move from the lands in your
kingdom and live in London. Do you want that?
King John: Of course not! But, I’m the king.
King rep 1: We know. We know. But consider agreeing to some of their terms to get what you
want. It’s the only way out now.
King John [looking at King rep 2]: Do you agree?
King rep 2: Yes, King.
King John: Fine. I’m tired of this. If they will renew their allegiance and hand over London, I’ll
agree to their silly list of demands.
[King John walks over to Barons]
King John: Hand me your list. Here appoint my seal. I’ll have my royal chancellors draft up the
agreement.
IV. [Mini-skit 3 removed]
VI. MINI-SKIT 4: Grant of Cloth making
Sources -
http://www.compilerpress.ca/Library/Klitzike%20Historical%20Background%20English%20Patent%20La
w%20JPO%201959.htm
http://copy.law.cam.ac.uk/cam/tools/request/showRecord.php?id=commentary_f_1762
Gornme, Patents of Invention 5-6 (1946)
Magna Carta: No One – Even the King – is Above the Law – Even IP Law
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Narrator (with slides): When King John died during the civil war which arose over his refusal to abide by
the Magna Carta, his song Henry assumed the throne, and the Magna Carta was reissued in his name,
with minor changes which omitted the ability of the barons to override the king through force, and the
war soon ended in Henry’s favor. Henry moved to take a more personal role in deciding policy and
patronage, rather than deferring to vast royal councils. However, Henry tried to be more lenient to the
barons and, to this end, he ruled within the various charters thereby emphasizing constitutional rule.
Around the same time, inventors were trying to protect their discoveries. Henry granted privileges to
various trades people which granted some protections for their discoveries. The first known such
privilege of invention granted by Henry was to confirm a grant of privilege by the Mayor of Bordeaux to
Bonafusus de Sancta Columbia, an Aquitainian master in the dyeing of textiles in 1236. The grant of
privilege permitted Bonafusus and his workers, and them alone, to make various cloths, of many colors,
using his techniques for fifteen years, after which time anyone could make the cloths. Such a granting
may have gone something like this:
Bonafusus worker (BW): Bonafusus, congratulations on developing your new cloth-making techniques!
The cloth that we can make with these techniques are superior to everything else in all the land. And
the colors! So many colors. It’s a sure bet that everyone will want to buy our cloth!
Bonafusus (BF): I know…
BW: But why are you so glum? You’re going to be rich!
Bonafusus: Maybe, but all the other cloth-makers will copy my techniques, and then they’ll be selling
imitations at a lower price, and then where will I be? I can’t compete against generic Bonafusus
imitations!
BW: Maybe you could try to get someone powerful to stop those other cloth makers from stealing your
techniques! What about the Mayor?
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B: Maybe, but how powerful can a mayor really be?
Mayor (M) – barging in: I heard someone mention me! What deserves my mention?
BW: Mayor, Bonafusus here has developed cloth-making techniques that will result in superior cloths,
but if he can’t get protection again other cloth-makers using similar techniques, then his cloths won’t be
profitable!
M: That doesn’t seem to be a problem worthy of my mention. I am a very important person after all,
and I don’t have time to be barging into every building which mentions my name regarding cloth.
BW: But Mayor, if Bonafusus had the privilege of being the only one to produce cloth according to his
techniques, his cloths would become renowned, and people would journey here from all over the land
to buy his cloth, resulting in revenue, taxable revenue.
M: Wait, that sounds important. We can’t let those other merchant’s deprive me, I mean this land, of
our rightful taxes! I’d love to give you protection, but if I made Bonafusus the sole cloth-maker, then I’m
worried that he would get too powerful and complacent. And I’d have other cloth-makers beating down
my door for favoring him and hiding his techniques from them!
B: Well, I wouldn’t need protection forever. If the cloth-making does well, I may retire in a decade. And
anyway, I’m sure I’ll have come up with new techniques in a few years, so I wouldn’t mind if the other
cloth makers eventually could use my techniques.
M: Oh, well then I think I can help you if it’s only for a short time. Thus (turns to audience), let it be
known that I hereby grant Bonafusus the privilege to be the only one to make cloths using his
techniques for the next 15 years, after which anyone can make cloth according to his techniques.
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BW – turning to B: Who is he talking to? We’re the only ones here.
B – to M: That’s wonderful, Mayor! But how far does your authority extend? If cloth makers in the lands
outside your authority still copy my techniques, how can this privilege stop them?
M: You’re right. I’m very important, but not that important. If we want to truly protect your cloth-
making and taxable income, we need more power. National power! If only the King would help us by
confirming my grant, that might do it.
B: That might do the trick, but how could we get the King to help us?
King (K) – barging in: I heard someone mention my name! And the Mayor of Bordeaux is here; this must
be serious and worthy of my Royal attention span! So, please state the nature of your Royal emergency,
because I am the state, and I’m here to help.
M: Your majesty, Bonafusus here has developed cloth-making techniques which can create the best
cloths in all the lands, but if others are able to make cloths too, then we will be deprived of taxable
revenue. I granted Bonafusus a privilege to be the only one to make his cloths, but my authority only
goes so far.
K: That is a serious problem. As you know, I am a ruler according to laws, but I want my people to be
happy. But I don’t want Bonafusus to have the exclusive privilege to make cloth forever. If I just started
handing out privileges left and right then the barons might think that I was making an end run around
their rights by shutting their tenants out of various trades!
M: Your majesty, I thought of that! The privilege is only for 15 years, after which anyone can make cloth
like Bonafusus!
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K: Oh, well that’s different. I have no problems with that, and I’m sure the barons would be more
understanding of these privileges if they are limited. (turns to audience) I hereby confirm the Mayor’s
grant of privilege. From this day forward, Bonafusus will have the exclusive right to make cloths
according to his techniques for the next 15 years, after which, anyone can make cloth using his
techniques!
M: Who is he talking to?
K: My work here is done! I’m off to the next royal crisis. (runs out of room)
VII Mini-Skit 5 – Magna Carta and the 13 Colonies
Narrator (with slides)
<Petitioner/Petitioners are attempting to get a group of 3 to sign a petition condemning the
Stamp Act of 1765>
Petitioner: Sirs, please sign this petition condemning the latest intrusion of Parliament upon the
rights of the people of these 13 colonies. The Stamp Act of 1765 completely flies in the face of
the fundamental rights guaranteed to freemen by the Magna Carta.
Individual 1: (grumpily) Sounds like a waste of time if I’ve ever heard one.
I2: Why should we care what England does with postage?
I3: Hey, what’s a Magnet Cartel anyway?
P: Gentlemen, the Magna Carta is a document written and signed in 1215 by King John which
limits the powers of the sovereign and protects the very foundational liberties for which we
travelled to these 13 colonies! So that we and our heirs may be guaranteed the rights and
immunities of free and natural subjects! A land where we may rise by merit, not birth! Why
Chief Justice Lord Coke himself has interpreted the Magna Carta as stating that even kings must
comply with the common law. The Magna Carta will have no sovereign!
I1: That is all well and good, but I came to the colonies to escape having to hear about Lords
and Kings.
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I2: I came hoping the weather would be better.
I3: I came to keep up with the Kardashians.
P: But my good sirs, the Stamp Act requires that every printed document be taxed and affixed
with a stamp to show that the required taxes have been paid. It is blatant taxation without
representation! If this act is allowed to stand the price of newspapers will nearly double! It will
become difficult for many to stay informed!
I1: I don’t read the newspaper.
I2: I don’t read anything
I3: I can’t read, but I would imagine self reading newspapers will probably be invented in the
next five to ten years.
P: That seems unlikely, but it brings up another issue. Inventors will have to pay additional taxes
on their issued patents. They are being denied a basic property right, this could prevent great
American inventions such as the lightning rod, rotating chair, and flushing toilet from reaching
the public. American ingenuity will be stifled!
I3: A rotating flushing toilet? I’ll sign for that!
I1: My crazy neighbor recently received a patent for a <insert the most ridiculous and useless
patent that anyone on the team knows of>, personally I think he could use a little stifling.
I2: Besides, couldn’t they just take it out of the lawyer fees?
P: Well, if you gents are not interested in invention, public access to information, or even basic
civil liberties, what do you concern yourselves with?
Ship Captain: <enters the scene visibly irritated and bumps into the group while yelling at
someone off set> Well maybe there won’t be a next shipment! Unbelievable! Sorry to interrupt,
but these new Stamp Act taxes are going to be the death of my shipping business!
I1: Well Captain, what are you shipping?
SC: Just the usual array of wines, assortment of beer, rums, and whiskeys; and a variety of the
local favorites, you know: Rattle-Skull, Stonewall, Blackstrap, Toddy, and of course Whistle
Belly.
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I2: Well now we can’t have that! King George has taken it too far! Has he not read the Magna
Carta! Where’s that petition, I’ll sign!
I1: Lord Coke was right! No law may be above the common law, why nothing has ever been so
plainly laid out as that principle in the Magna Carta!
I3: I still don’t know what a Magnet Cartel is, but I’ll sign!
VIII Mini-skit 6 – Magna Carta and the US Constitution
Narrator (with slides)
<Scene, Madison, John Hancock, Ben Franklin and two other forefathers are gathered together in
a preliminary conference to constitutional provisions, Madison is taking notes>
Madison: Gentlemen, we have gathered here today to collect ideas for a constitution for this
great American country. As we have previously discussed, we shall look to prior legal
documents which have stood the test of time for inspiration. <John Hancock raises his hand> Mr.
Hancock?
JH: Shall we be signing anything at this meeting?
Madison: Not likely John…
Forefather 1: I would like to start with the Magna Carta, it has been about for over 500 years
and seems as relevant today as it ever was.
M: Excellent idea.
FF2: I believe what has allowed the Magna Carta to remain pertinent is that its clauses are open
to interpretation. We should aim to mimic this trait within our constitution as well.
M: Great point. We shall draft a living document, one that is able to be adapted to the needs of
the people of the time. Mr. Franklin?
Ben Franklin: The Magna Carta originally applied only to barons, but was eventually changed
to grant rights to any freeman. We should hope to capture this point in the constitution, much as
we did in the Declaration of Independence.
M: An important theme that should run throughout the document. We shall… <John Hancock
raises his hand> Yes John…
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JH: The Magna Carta was signed. We should make sure that we all sign the constitution.
M: Thank you for that John, I’m putting it in the notes. Now, are there any specific clauses from
the Magna Carta that anyone believes should be included in this constitution?
FF2: Clause 1 of the Magna Carta guaranteed the freedom of the English Church. Perhaps we
should include a similar provision guaranteeing the separation of the church from government,
expanding it such that they are sheltered from one another.
FF1: Clause 39 guarantees that no man may be imprisoned or stripped of his rights or
possessions without due process. Let us include a mirror of that decree.
BF: Let us make sure to include intellectual property in that limitation on government power.
Perhaps requiring an exclusive grant to inventors…
M: As well as writers…
BF: <rolling eyes> writers too James, if you wish.
M: I believe this gives us promising beginnings to a strong constitution. Is there any other
business before we adjourn? <John Hancock raises his hand> Yes John…
JH: I motion that we all sign the meeting minutes…
<everyone throws things at John Hancock>
IX. Mini-Skit 7 – The Magna Carta and Modern US Law
Narrator (with slides): In this last skit, we are at the office of the general counsel of a
small company who has just been sued for patent infringement and copyright
infringement. An intellectual property attorney comes over to the general counsel’s
office to talk about the case.
Client listening to first track from Jay-Z “Magna Carta Holy Grail” as attorney
enters the room.
Attorney: Good morning Stephen, hey what are you listening too?
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Client: Jay-Z’s new album, Magna Carta Holy Grail. It’s my favorite. I’ll turn it off
now, though. (Turn off music). Thanks for coming over. I’ve been waiting to talk to an
Intellectual Property attorney all day. As you know our company just got sued for patent
and copyright infringement.
Attorney: Yes I know and I have some ideas about that.
Client: I have some ideas too. This patent case against us is ridiculous! Patents have
become a bane on doing business in this country they need to be stopped. I’m lobbying
Congress to just get rid of all patents. Congress should just declare that all patents are
null and void.
Attorney: Well, the Fifth Amendment says that no person shall be deprived of life,
liberty, or property, without due process of law; nor shall private property be taken for
public use, without just compensation.
Client: Where did that come from?
Attorney: Well, it originally came from the Magna Carta. Clause 39 of the Magna Carta
states that no free man can be imprisoned, stripped of his rights or possessions, etc.,
without due process being legally applied. In addition, clause 52 of the Magna Carta
established a process for giving restitution to those who had been unlawfully
dispossessed of their property or rights.
Client: So does this Takings clause in the Constitution apply to patents?
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Attorney: That actually is unclear. In a 2006 decision, Zoltek Corp. v. United States, a
Federal Circuit panel held that patents are not property protected by the Takings Clause.
However, the Federal Circuit sitting en banc in Zoltek Corp. v. United States in 2012
vacated the 2006 panel decision. Therefore, whether patents are property rights protected
by the Takings Clause is an open question.
Client: Alright, well forget that idea. But what about these new proceedings I keep
hearing about at the Patent Office. I keep hearing that the patent office has patent death
squads. Let’s put these patents in front of a patent death squad. Then we’ll see who has
the last laugh.
Attorney: Yes, the America Invents Act instituted a number of post grant proceedings to
challenge the validity of patents. By far the most popular has been something called inter
partes review. And if we have some prior art that we think invalidates these patents, that
avenue is probably a very good one to take. We can talk about that later.
Attorney, Continued: However, I should warn you that there currently is a challenge to
the constitutionality of these proceedings. In MCM Portfolio LLC v. Hewlett-Packard
Co., MCM is arguing that actions to revoke a patent can only be adjudicated by a jury in
an Article III Court. MCM is arguing that the post grant proceedings are unconstitutional
since they authorize the transfer of patent validity decisions from Article III Courts to the
USPTO, thereby denying Patent Owners access to a jury trial in violation of the Seventh
Amendment.
Client: Well, speaking of juries, these darn juries are what really get me. The damages
awards they give are always way too high. A judge is a much more reasonable,
especially about damages. Can’t we insist that a judge decide this patent case.
Attorney: Well, again, the 7th
Amendment guarantees the right to a jury trial in certain
civil cases. It says that “in Suits at common law where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved.”
Client: What’s a suit a common law? What does that mean?
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Attorney: Well, the Supreme Court has said that in order to determine what is a suit at
common law, we have to look at English common law as it existed in the year 1791.
Client: 1791? What was English common law like in 1791?
Attorney: In 1791, the Magna Carta was a central component of English common law,
especially the clause stating that no person can be imprisoned, stripped of his rights or
possessions, etc., without due process being legally applied.
Client: The Magna Carta! It seems like that Magna Carta keeps coming up. How does
that apply to patents and copyrights?
Attorney: Well, the Supreme Court has ruled that the 7th
Amendment applies to statutory
actions that are analogous to cases tried in English courts of law in 1791. In 1998 in
Feltner v. Columbia Pictures TV the Supreme Court ruled that the 7th
Amendment right
to a jury trial applies to copyright infringement cases. And in Markman v. Westview
Instruments, the Supreme Court ruled that the right to a jury trial applies to patent
infringement cases.
Client: So are you telling me that the right to a jury trial in patent cases is a Constitutional
right?
Attorney: Yes I am.
Client: And it’s all because of the Magna Carta?
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Attorney: Yes. That’s where it began.
Attorney and Client together: The Magna Carta!
Acting Role(s) Other Participation Person Assigned Membership Category
Videographer Reviewed slides and skit Rich Eagan Master
Narrator
Team lead, performed research, and
created and reviewed slides and skits Kim Vo Barrister
King John
Reviewed slides and assisted with
costumes Karl Bayer Master
Servant, James Madison Created slides and performed research Chris Johnson Barrister
Baron 1 and Ship Captain Reviewed slides and skit Jose Villareal Master
Baron 2 and Colonist 3 Created slides and performed research Preston Heckathorn Pupil
Baron 3, Colonist 1, and Bonafusus
Worker Created slides and performed research Tony Sun Associate
King Rep 1 and Lawyer Created slides and performed research Jennifer Nall Associate
King Rep 2 and Petitioner Wrote skit and performed research Eric Combs Associate
Bonafusus Reviewed slides and coordinated costumes David Parker Master
Mayor Wrote skit and performed research Mike Gamble Associate
Colonist 2 Created slides and performed research Joan Wang Associate
John Hancock Created slides and performed research John Guaranga Barrister
Benjamin Franklin and Client Wrote skit and performed research Stephen Dartt Barrister
Forefather 1 Reviewed slides and skit Nestor Ho Master
Forefather 2
Unable to participate due to conflict with
work Chris Ryan Barrister
Unable to participate due to business
travel conflict Created slides and performed research Lealon Martin Associate