When we finally get an Information Bill of Rights, I hope it includes something like: "People may record their own experiences for whatever reason they may choose and such recordings shall be treated as part of their papers and effects pursuant to the Fourth Amendment."
if the material is covered under fair dealing, then yes, the argument fails. But it is an interesting angle. If someone did have to license material for a campaign and did not do so, I agree it would count as a contribution in kind.
FDA won't approve anyone making the old version because it isn't safe and now there's a safer alternative. That isn't a patent issue. This decision was probably in the works but they rushed it to coincide with the patent expiring to stop anyone from manufacturing it the old way.
I feel ripped off by this article. It did not deliver it's promised dosage of anti-patent content. Articles that stretch their point like this don't help the cause, they hurt it, and make it hard for me to get friends interested.