E. Zachary Knight (profile), 23 Aug 2011 @ 12:50pm
Re:
This is a software patent. This is a design patent. Samsung is rightly arguing that the tablet form factor is not something that Apple created and should have sole ownership of.
There is nothing unique about Apple's iPhone and iPad design that should warrant blocking others from using it.
What you don't seem to understand is that the courts are designed by the founders of the US through the Constitution to test the laws of the land. When the courts find that a particular law or part of a law violates the Constitution, they will invalidate that law or part.
The US Supreme Court does this all the time.
Just because the Jury Award is "within the boundries of the law as written" does not mean that the US Supreme Court will not follow the Thomas judge and invalidate the jury award because it violates our constitutional rights to be protected from excessive fines and punishments.
I think bankrupting someone for sharing 25 songs counts as excessive.
E. Zachary Knight (profile), 22 Aug 2011 @ 11:58am
Re:
You are right. There are strengths and weaknesses to posting anonymously as well as posting publicly. You have to weigh those yourself when you speak.
In this case, the person tweeting didn't see any reason why he should post anonymously as he was supporting the position of his employer. Unfortunately, his employer only saw that he was causing waves and made him stop. Sad.
However, if he was bringing something to light that his employer didn't want public and that was detrimental or even just disagreeable to his employer's position, then posting anonymously would have been a huge benefit.
E. Zachary Knight (profile), 22 Aug 2011 @ 11:54am
Re: Re: Re:
You comment makes sense. I think Amazon was just a bad example for the point you are making. It would be nice if Silicon Valley lobbyists, or even people in general, had more of an influence on legislation. Lobbyists for older businesses like the music and film industry have older relationships with Congress making it difficult for new groups to make friends.
E. Zachary Knight (profile), 22 Aug 2011 @ 11:37am
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Amazon being in favor of less patents? Have you lost your mind? They are the company that has claimed ownership of the one click purchase patent and have litigated on that patent a number of times. If you ask me, they would have plenty to lose if patent law were changed to not allow software patents.
Re: Re: Response to: Anonymous Coward on Aug 22nd, 2011 @ 5:49am
Its one of those, "No one should be forced to air their dirty laundry" kind of things.
This organization has a right to privacy just as any organization or person. However, that does not mean that they have a right to be free of criticism.
If this organization truly wanted to fight criticism, they would make policies that clean up any potential trouble spots. Instead, they have created a large sign that reads to a good number of people, "We aren't as good as you think we are."
This doesn't work for dentists or doctors, but this is different.
This reminds me of those earlier stories of Dentists and Doctors having their patients sign those waiver forms that prevent them from posting negative reviews on sites like Yelp. Just as those forms don't prevent anyone from posting negative reviews even if they signed them, neither will this prevent negative posts and reviews.
On top of the ineffectiveness of these forms, just as it says above, this will prevent a lot of people from volunteering who would otherwise. It raises questions in the minds of potential volunteers over whether this charity has anything to hide.
I really don't see congress making this needed change to copyright. The way it is written and this ruling shows, makes this particular wording very pleasing to the media industries.
E. Zachary Knight (profile), 15 Aug 2011 @ 11:06am
Re: Mike, you're again blinded by your premises.
Well yeah, it destroyed the old market for film, tv and music. Yet, at the same time it has created an all new market for that content. One that does not require old fashioned gatekeepers. That is what the bigwigs at the RIAA and the MPAA have not figured out.
Re: Jobs are a matter of the money supply and the supply is short.
Huh? You first state that Ron Paul has no clue about economic policy and then almost word for word state his economic plan for the US. Aside from the missing Gold standard, you and Ron Paul completely agree with what needs to be done to fix the economy.
E. Zachary Knight (profile), 12 Aug 2011 @ 11:29am
Re:
Should our road tax be increased to compensate shop owners, who suffer losses through robbery?
Your analogy is a bit off here. That should read as follows:
Should our road tax be increased to compensate shop owners, who suffer losses due to uncompetitive business models?
These content companies are not losing money to theft. They are losing money to companies and service providers who offer a better product at a better price. There is no reason why they should be compensated for their ignorance.
I was never attached to the cord.I grew up with out cable. My wife and I never bought cable. The only time we ever watched satellite television was when we lived with my parents for 6 months. After that, it was back to over the air.
We get plenty of television options with just over the air, Netflix and Hulu (and the occasional "3rd party" site for those shows not on Hulu)
We never saw the value of cable even when we could afford it. The only channels I ever watched were Sci-fi (back when that was what it was called) and Cartoon Network (back when they had good shows) My wife watched HGTV, but she has been able to live without it.
The internet is awesome. It has brought convenience back to television watching. TV producers would be wise to embrace it.
Now if only my DSL provider would let be cut my land line.
Re: There are two problems with skilled immigration
Yes remove motivations such as greater pay, more resources, more funding, larger target markets etc etc. We should outlaw all those things.
Your arguments have some flaws.
In regards to your point 1, discoveries and advancements in the US are not confined to the US. All those technological advances will find their way into the world market and benefit the world. Something that cannot happen in countries that do not have the resources to fund and market them in such a large scale.
For point 2, Education investment shouldn't come from the government. Much like government job creation, the money the government dumps into education is often wasted on programs that do not benefit the economy or society. Most government education funds are wrapped up in administration and not actual education. The government needs to step out and let the economy and society determine what investments need to be made in education.
On the post: Samsung Cites 2001: A Space Odyssey As Prior Art For Tablet Design
Re:
There is nothing unique about Apple's iPhone and iPad design that should warrant blocking others from using it.
On the post: Modern Art: $5 Million Worth Of Unauthorized Downloads On A Hard Drive On Display
Re: Contents of the PDF file.
On the post: RIAA Files Expected Appeal Over Judge's Decision To Decrease Jury Award In Jammie Thomas Trial
Re:
The US Supreme Court does this all the time.
Just because the Jury Award is "within the boundries of the law as written" does not mean that the US Supreme Court will not follow the Thomas judge and invalidate the jury award because it violates our constitutional rights to be protected from excessive fines and punishments.
I think bankrupting someone for sharing 25 songs counts as excessive.
On the post: Public Health Official Forced To Shut Up On Twitter, Blog For Daring To Speak Honestly
Re:
In this case, the person tweeting didn't see any reason why he should post anonymously as he was supporting the position of his employer. Unfortunately, his employer only saw that he was causing waves and made him stop. Sad.
However, if he was bringing something to light that his employer didn't want public and that was detrimental or even just disagreeable to his employer's position, then posting anonymously would have been a huge benefit.
On the post: Chorus Of Mainstream Press Saying The Patent System Is Broken Gets Louder
Re: Re: Re:
On the post: Chorus Of Mainstream Press Saying The Patent System Is Broken Gets Louder
Re:
On the post: Would You Volunteer For An Organization That Makes You Sign Away Your Right To Ever Say Anything Negative About It?
Re: Re: Response to: Anonymous Coward on Aug 22nd, 2011 @ 5:49am
This organization has a right to privacy just as any organization or person. However, that does not mean that they have a right to be free of criticism.
If this organization truly wanted to fight criticism, they would make policies that clean up any potential trouble spots. Instead, they have created a large sign that reads to a good number of people, "We aren't as good as you think we are."
On the post: Would You Volunteer For An Organization That Makes You Sign Away Your Right To Ever Say Anything Negative About It?
This doesn't work for dentists or doctors, but this is different.
On top of the ineffectiveness of these forms, just as it says above, this will prevent a lot of people from volunteering who would otherwise. It raises questions in the minds of potential volunteers over whether this charity has anything to hide.
I know I wouldn't volunteer.
On the post: CBO Says PROTECT IP Will Cost Taxpayers Over $10 Million Per Year To Censor The Internet
Re: Re: Re:
On the post: CBO Says PROTECT IP Will Cost Taxpayers Over $10 Million Per Year To Censor The Internet
Re:
On the post: Legally Bought Some Books Abroad? Sell Them In The US And You Could Owe $150k Per Book For Infringement
On the post: Notch Comes Up With New Plan To Settle Trademark Dispute: Quake 3 Battle
Re:
On the post: The Latest Entrant Into The Economically Clueless, Luddite 'Internet Is Evil' Book Category
Re: Mike, you're again blinded by your premises.
On the post: E. Zachary Knight's Favorite Techdirt Posts Of The Week
Re: Jobs are a matter of the money supply and the supply is short.
So please tell me, where is Ron Paul going wrong?
On the post: E. Zachary Knight's Favorite Techdirt Posts Of The Week
Re:
I would kill for a Paul/Johnson ticket in 2012.
On the post: Oh No! What If More Than One Shoemaker Makes Shoes With Red Soles?
On the post: Journalist Bemoans Fact People Won't Pay For Online Content; Suggests Users Be Forced To Pay For Online Content
Re:
Your analogy is a bit off here. That should read as follows:
Should our road tax be increased to compensate shop owners, who suffer losses due to uncompetitive business models?
These content companies are not losing money to theft. They are losing money to companies and service providers who offer a better product at a better price. There is no reason why they should be compensated for their ignorance.
On the post: Will TV Providers Finally Realize That People Really Are Cutting The Cord -- And Not Just Because Of The Economy
We get plenty of television options with just over the air, Netflix and Hulu (and the occasional "3rd party" site for those shows not on Hulu)
We never saw the value of cable even when we could afford it. The only channels I ever watched were Sci-fi (back when that was what it was called) and Cartoon Network (back when they had good shows) My wife watched HGTV, but she has been able to live without it.
The internet is awesome. It has brought convenience back to television watching. TV producers would be wise to embrace it.
Now if only my DSL provider would let be cut my land line.
On the post: If You Have To License The Software You Claim Infringes On Your Patent, How Is Your Patent Valid?
How about some Prior art?
I remember playing "Facemaker" on the TI-99 back in the 80s. Does that count as prior art?
On the post: Study Shows Bringing In Skilled Immigrants Does Not Hurt Americans; May Increase Innovation
Re: There are two problems with skilled immigration
Your arguments have some flaws.
In regards to your point 1, discoveries and advancements in the US are not confined to the US. All those technological advances will find their way into the world market and benefit the world. Something that cannot happen in countries that do not have the resources to fund and market them in such a large scale.
For point 2, Education investment shouldn't come from the government. Much like government job creation, the money the government dumps into education is often wasted on programs that do not benefit the economy or society. Most government education funds are wrapped up in administration and not actual education. The government needs to step out and let the economy and society determine what investments need to be made in education.
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