I wandered across this and couldnt believe my eyes...

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Business - Reuters

February 05, 2004

FERTILITY CLINIC SITES DMCA IN COPYRIGHT INFRINGEMENT CASE

Stephen and Connie Staz were desparate to have a child. In 2001 when they visited a fertility clinic in Modesto, CA the paperwork was daunting. "I admit I didn't read it in detail", Mr. Staz reported. "When the lawyers from SLI contacted me, I thought it was some kind of sick joke. It's been months since we went into their clinic."

To Mr. Staz's suprise, he and his wife were being sued by Sharing Life Incorporated for copyright infringment under the DMCA.

"The DNA collection policy has been in place at SLI from the beginning." replied Harold Schenkel, a representative for SLI. "It was what our business was founded on. This is an keyl part of our profit model and it is our right to prevent the misuse of our intellectual property. Our shareholders would not have it any other way."

The intellectual property in question relates to a clause in the SLI fertility agreement, which gives the company sole use of the DNA collected, as well as any products derived from the same gene sequence. And this, precisely, is where the problem lies. A week after visiting the fertility clinic, Connie miraculously got pregnant "the old fashioned way". "This is our baby, it's got nothing to do with the them." Mr. Staz is reported as saying.

But that may be for the courts to decide. In a move to enforce the agreement signed by the Staz's, SLI has filed a lawsuit for $6 million and requested an injunction on further use of the copyrighted DNA.

Bouncing little Jessica on her lap, Mrs. Staz, on the verge of tears asks the question we are all wondering.

"They can't do this. Can they?"