I still think the solution to these lawsuit bullies is to move to a loser pays system. The loser should be on the hook up to what they paid their own lawyers. This makes the big expensive legal team a massive liability.
Doesn't need t be that hard. You can make an ISO (image file) from the disk. the ISO can be mounted just like a drive. You could even mount several (to stream to different screens maybe?).
I'm surprised Kaleidascape doesn't just store the disc image, and provide a licensed copy of some DVD playing software. I would think that would get around the moronic legal problems as there is no longer the breaking of any encryption.
I've always wondered why we don't just make the company accepting payment responsible for the loss. If somebody walks into my bank, claims to be me, and walks out with all my money, the bank should be responsible for that loss.
If retailers had that responsibility put on them they would push the credit card companies to find solutions.
Basically if I claim a charge/withdrawal/... to be fraudulent the burden of proof should be on the entity that accepted payment. If they can't prove (I'm thinking civil levels of proof) I authorized the funds they must restore them.
"BTW, he's right. Efficient infringement happens way too often."
So... how often does it happen? By your assertion that it happens way too often I would hope you would have some idea how often it happens, and have some threshold of what is too often. However, I doubt this is the case.
Does it happen? probably, but I would challenge anybody to show a single case where an idea was copied from a patent. Just one. I strongly doubt it exists as patents are written to be as broad and worthless (from a disclosure perspective) as possible.
"I suggest, you abandon you're morals, and just rely upon the rule of law"
Yep thats what I said, and stand by it, if you're moral compass is that far out, that you consider theft and breaking the law acceptable. Then you're morals are corrupt, and you are far better of just relying on the rule of law to guide you're morals. Not you're own brain, that appears not up to the task.
I strongly support your stance I hope the nation follows. Then I can go buy me a couple black people and get all those darn women out of the voting booth and back into the kitchen where they belong.
Legal does not equal moral. Morality gives us a position in whi
Re: Re: So many excuses for theft (It's been a while since I"ve done this....)
BTW I just finished Ender's Game. Damn good book. Don't know why I didn't read that years ago. I think I'm going to have to go buy it and the rest of the series.
I can't think of a good way to measure the innovation of a given company, but a general metric I think would be something along the lines of:
value created
__________________________
people * resources used
So in basic terms more innovation will either use fewer resources and/or produce more/better things. I added people in there but maybe people would just be part of the resources bit? Not sure.
I think it has to be a bit general because innovation is tricky. For example, the Wii was an innovative game system (probably not very interesting from a value perspective) but the hardware from that combined with some open source software created inexpensive interactive whiteboards that make a wide range of other industries more productive. So in that case we have innovation, but how many innovation points do you give to the Wii vs the software?
I find it interesting that your only argument in all of the 'software = hardware' threads amount to, 'everybody here is too stupid to understand'. I also find it amusing that you have replied to each response in this thread but mine.
You seem to have no valid arguments and serve only to fling insults. Once again I understand that I am just feeding a troll.
I challenge you to find a single 'real' programmer who was ever taught via patents.
"It also means that when someone does come along and teach with a patent that the idiot who used trade secret is toast"
Hmm... Is that because the one that has the patent will now sue the one that did the original innovation? Wow, that sure sounds fair, right, and just. (should I put a sarc mark here?)
Re: Piracy & Fairness Coalition Members Sponsorship
I'm thinking you didn't read the patent in question. FYI I am a real programmer.
I just finished reading the whole patent. Not only does it appear to cover any and all implementations of a multi linked list (except for a linked list with two or fewer items), it also appears to cover any software that makes use of such a list.
Would it be possible to turn any software into hardware? Yes. Does that mean software should be patentable? No.
Why? Because the reverse is not true. Not all hardware can be done in software. If it CAN be done in software, it should not be eligible for patent protection. If it requires specific hardware then that hardware could be considered eligible for a patent if it meets patent requirements.
Although I personally think patents are a drain on our society.
My personal solution. Make patents and copyright last one year. Wait two years. If we can say that sufficient innovation/creation is not happening increase the appropriate term by one year (wait two years, rinse, repeat). If extending by a year has no effect, or a negative effect, reduce by two years.
On the post: Nice Work ASCAP: Convinces Yet Another Coffee Shop To Stop Promoting Local Bands
lawsuit problem
On the post: Instead Of Better Defining Fair Use... Should We Define Unfair Use?
Competition
Anything else if fair game.
I thought about adding something to the effect of 'for commercial purposes' but defining commercial is to much of a pain.
On the post: Kaleidescape Introduces Expensive And Almost Pointless Blu-ray Jukebox... And Hollywood Still Thinks It's Illegal
Re: Killer BluRay Storage System???
On the post: Kaleidescape Introduces Expensive And Almost Pointless Blu-ray Jukebox... And Hollywood Still Thinks It's Illegal
ISO anybody?
On the post: Call Ralph Nader: Companies Don't Care About Identity Theft Because It's Cheaper To Just Clean Up The Mess If It Happens
Simple solution
If retailers had that responsibility put on them they would push the credit card companies to find solutions.
Basically if I claim a charge/withdrawal/... to be fraudulent the burden of proof should be on the entity that accepted payment. If they can't prove (I'm thinking civil levels of proof) I authorized the funds they must restore them.
On the post: Economist Assumes That The Problem Is 'Thieves' Rather Than Bad Patent Laws
Re:
So... how often does it happen? By your assertion that it happens way too often I would hope you would have some idea how often it happens, and have some threshold of what is too often. However, I doubt this is the case.
Does it happen? probably, but I would challenge anybody to show a single case where an idea was copied from a patent. Just one. I strongly doubt it exists as patents are written to be as broad and worthless (from a disclosure perspective) as possible.
On the post: Misguided Outrage At NY Times' Ethicist Over Ethics Of Downloading A Book
Re: Re:
(sorry about the double post, hit the mouse with my palm on my laptop)
On the post: Misguided Outrage At NY Times' Ethicist Over Ethics Of Downloading A Book
Re:
Yep thats what I said, and stand by it, if you're moral compass is that far out, that you consider theft and breaking the law acceptable. Then you're morals are corrupt, and you are far better of just relying on the rule of law to guide you're morals. Not you're own brain, that appears not up to the task.
I strongly support your stance I hope the nation follows. Then I can go buy me a couple black people and get all those darn women out of the voting booth and back into the kitchen where they belong.
Legal does not equal moral. Morality gives us a position in whi
On the post: Misguided Outrage At NY Times' Ethicist Over Ethics Of Downloading A Book
Re: Re: Re:
;)
On the post: Misguided Outrage At NY Times' Ethicist Over Ethics Of Downloading A Book
Re: Re: So many excuses for theft (It's been a while since I"ve done this....)
On the post: Misguided Outrage At NY Times' Ethicist Over Ethics Of Downloading A Book
Re:
I submit it is not immoral to download a digital copy of physical media that you own.
On the post: Early Data Says Successful iPad Paid Apps... Aren't Coming From Big Media
Re: not quite
Still I don't see the ipad being worth much to me.
On the post: Can We Come Up With A Better Way To Measure Innovation?
General metric.
value created
__________________________
people * resources used
So in basic terms more innovation will either use fewer resources and/or produce more/better things. I added people in there but maybe people would just be part of the resources bit? Not sure.
I think it has to be a bit general because innovation is tricky. For example, the Wii was an innovative game system (probably not very interesting from a value perspective) but the hardware from that combined with some open source software created inexpensive interactive whiteboards that make a wide range of other industries more productive. So in that case we have innovation, but how many innovation points do you give to the Wii vs the software?
On the post: Why Real Programmers Don't Take The USPTO Seriously: Doubly-Linked List Patented
Re: Re: Re: Re: SOFTWARE = HARDWARE
http://www.moserware.com/2009/09/stick-figure-guide-to-advanced.html
On the post: Why Real Programmers Don't Take The USPTO Seriously: Doubly-Linked List Patented
Re: Re: Re: SOFTWARE = HARDWARE
You seem to have no valid arguments and serve only to fling insults. Once again I understand that I am just feeding a troll.
On the post: Why Real Programmers Don't Take The USPTO Seriously: Doubly-Linked List Patented
Re: Re: Re: @MRK
I challenge you to find a single 'real' programmer who was ever taught via patents.
"It also means that when someone does come along and teach with a patent that the idiot who used trade secret is toast"
Hmm... Is that because the one that has the patent will now sue the one that did the original innovation? Wow, that sure sounds fair, right, and just. (should I put a sarc mark here?)
On the post: Why Real Programmers Don't Take The USPTO Seriously: Doubly-Linked List Patented
Re: Piracy & Fairness Coalition Members Sponsorship
I just finished reading the whole patent. Not only does it appear to cover any and all implementations of a multi linked list (except for a linked list with two or fewer items), it also appears to cover any software that makes use of such a list.
On the post: Why Real Programmers Don't Take The USPTO Seriously: Doubly-Linked List Patented
Re: Re: Re: Re: Re: SOFTWARE = HARDWARE
On the post: Why Real Programmers Don't Take The USPTO Seriously: Doubly-Linked List Patented
Re: Re: Re: SOFTWARE = HARDWARE
:)
On the post: Why Real Programmers Don't Take The USPTO Seriously: Doubly-Linked List Patented
Re: SOFTWARE = HARDWARE
Why? Because the reverse is not true. Not all hardware can be done in software. If it CAN be done in software, it should not be eligible for patent protection. If it requires specific hardware then that hardware could be considered eligible for a patent if it meets patent requirements.
Although I personally think patents are a drain on our society.
My personal solution. Make patents and copyright last one year. Wait two years. If we can say that sufficient innovation/creation is not happening increase the appropriate term by one year (wait two years, rinse, repeat). If extending by a year has no effect, or a negative effect, reduce by two years.
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