First - the legitimacy of the patents themselves. Basically patents are being given-out for virtually anything. The patent system has been bastardized. It would be my opinion that many patents being granted are NOT valid.
Second - The purpose of a patent is to provide the inventor with a limited monopoly, so that a product based on that patent can be marketed. However, what is happening is that patents without an underlying product are being traded and being used as a mechanism for lawsuits. That is uneconomic.
Yes, I realize that they buying/selling/trading of assets is a vital component of the free market. However, the buying/selling/trading of patents, in some cases, has simply been used as a form of extortion. You buy some obscure patent then go out and find a company to sue. That isn't what the free-market is about.
"The simple idea of doing recommendations is pretty straightforward. Making it work well? Not so much. Hell, that's why Netflix is offering $1 million to anyone who can improve their recommendation engine by just 10%.".
Boy, do I wish we had a good user based recommendation system. The problem is that many companies create phony recommendation systems to entice you to look at their website so that you will buy their products. It is really tiring looking at an endless list of so-called "reviews" that are really come-ons or simply product specs.
The solution is for companies to have the integrity not do have this misleading crap. The problem of course, like a drug addict, these companies are addicted to using any means, including misleading ones, to generate sales.
PS: It may even be possible that the State of Israeli has a lien of Hitler's estate through a lawsuit to recover his theft of Jewish property. Potentially this could make the Israel the owner!
The phrase used was "Seems that a case could be made that this was stolen property and that Pritikin would be obligated to return it to whoever the rightful owner would be today."
I don't know anything about German law, but just because you have no decedents doesn't mean that someone can appropriate ownership. Hitler could have had a will. Hitler could have had relatives who are still alive who would be entitled to a what would be left of any estate. Even if he didn't leave a will or have relatives the property could revert to the German State.
Anyway if this guy Pritikin had any moral integrity (as he claims) he should donate it either to the Wiesenthal Center or back to the German government.
On Against Monopoly I commented that: "The Huffington Post article states: "When Pritikin bought the globe, he paid 5 times it's pre-auction estimate. It was sold by an American soldier named John Barsamian who had found it in the ruins of Hitler's "Eagle's Nest" in the Bavarian Alps in May 1945."
Seems that a case could be made that this was stolen property and that Pritikin would be obligated to return it to whoever the rightful owner would be today.
The Independent in 2000 had the following article: "Nazi loot returned to owner" This is one of many such articles. The Independent wrote: "But new research by the Bavarian State Collections in Munich and the Commission for Looted Art in Europe showed the triptych had been unlawfully taken from the Gotthilf family, who later changed their name to Glanville." Actually the issue was not simple, but complicated. Nevertheless, the point is that this globed was looted."
Your Peoplocracy concept lead me to the approach below. Since I haven't visited the websites of many of our esteemed Congressional representatives, some may already be doing what I am suggesting. The few times that I have written in, has usually resulted in a meaningless response letter that they share my concerns and will take it under consideration. Of course what they are really saying, politely, is go take a hike.
---------------------------------------------------------- The new Peoplocracy
Each Senator and Congress person would have on their page a list of all legislation. For the pending legislation, the voters who reside in the district could "vote" (really a pole). The voters would hopefully see how their fellow citizens feel and would also be able to compare how the Congress person actually voted in Congress when compared to the webpole.
As a slight twist, the Senate/Congress person should be required to post a position paper a couple of weeks before a scheduled vote to disclose how they intend to vote.
Obviously this problem was caused Tim Lee's "lazy, incompetent, technically confused" Real Regulators at work since private enterprise only hires qualified people, operates efficiently, and would never overlook something this simple.
We unfortunately seem to live in a world where the "evil" regulator even if he or she is not involved always gets blamed. So I am going with the flow here even though Real Regulators may not have been involved. But wait, as an electronic device the Zune had to have an FCC certification, so there is a plausible link that the Real Regulators were able to get their grubby paws on the device!
My apologies, my point is that economic inefficiencies and technical incompetence are EEO concepts and private industry is not immune.
"But on Thursday, almost three years after stepping down as chairman of the Federal Reserve, a humbled Mr. Greenspan admitted that he had put too much faith in the self-correcting power of free markets and had failed to anticipate the self-destructive power of wanton mortgage lending.
“Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself included, are in a state of shocked disbelief,” he told the House Committee on Oversight and Government Reform."
Re: Re: Doesn't this Mean the Absence of Regulation!
So if the private sector creates financial instruments that exist outside of the regulatory environment, that are structurally flawed, that are not transparent, and are not properly vetted resulting in many companies like Bear Stearns vaporizing it is somehow the fault of regulators?
This is akin to driving your car at 200mph into a light pole and then blaming the police for the accident by not arresting you before you struck the light pole!
First, I am not defending regulators who are not doing their job in one manner or another.
Second, we are incessantly scolded that we need less regulation to promote the free market. Well, if the regulators aren't doing their job isn't that free market nirvana!!
Instead of hearing the boastful gloating of the anti-regulatory crowd claiming a free market victory due to the obvious lack of regulation; we are seeing our economy diving into a global meltdown. In fact many of our fine free market corporations are going to the government for free hand-outs of money.
So when will the less regulation crowd do some self-critiquing, self-reflection, and questioning instead of placing the blame on everyone else?
ChurchHatesTucker and PaulT make good points. If a product is "abandoned" it should fall into the public domain.
I will even go a step further. If you buy a product, especially if it is a device that requires a manual for constructing it, you are entitled to the manual. In this case copyright could be considered a liability. The product was sold with the manual and a company should not be able to sever that link. Obtaining a replacement manual should not be considered a violation of copyright.
I will acknowledge in the old paper and mail era, that a company would be entitled to charge for the reproduction and the mailing of a replacement manual. But in the internet era, this is plain wrong.
In the bad Science Fiction movies, the clueless scientist sees his project going berserk. I can always pull the power plug he muses. The power plug is pulled, alas the monster turns out to be self powered and goes on a killing spree.
Hey its the old west. The RIAA could pay the ISP a "bounty" for every person the ISP nails. Actual guilt of course would be irrelevant.
The RIAA may not pursue this strategy since it would mean paying out real money. Nevertheless, it does point to a potential shortcoming of how the free-market operates. What happens if a third party pays someone to deprive you of access to the internet, to inspect your packets, to trespass on your computer, or otherwise interfere with your packets?
While one can say that """due process" is a constitutional doctrine that places limits on state action (both federal and state). It is not a legal doctrine that governs private action." We, nevertheless, need to have informal rules of conduct for how we act in society. In the logical extreme, the assertion that "due process" is irrelevant for private transactions leaves everyone open to arbitrary and capricious actions. If the RIAA can cut-off your access to the internet in some whimsical manner, they why can't you have your ISP deny service to the RIAA? Actually, since the RIAA probably has deeper pockets than any of us, we will end-up with a society were those who have money essentially make the law and the average citizen ends up with no rights. Do we really want the likes of the RIAA to have unfettered power?
On the post: Ocean Tomo Patents Being Used To Shake Down Companies That Have Online Recommendations
Two Fundamental Problems
Second - The purpose of a patent is to provide the inventor with a limited monopoly, so that a product based on that patent can be marketed. However, what is happening is that patents without an underlying product are being traded and being used as a mechanism for lawsuits. That is uneconomic.
Yes, I realize that they buying/selling/trading of assets is a vital component of the free market. However, the buying/selling/trading of patents, in some cases, has simply been used as a form of extortion. You buy some obscure patent then go out and find a company to sue. That isn't what the free-market is about.
On the post: Ocean Tomo Patents Being Used To Shake Down Companies That Have Online Recommendations
Re: Re: How long will they avoid doing something useful?
On the post: Ocean Tomo Patents Being Used To Shake Down Companies That Have Online Recommendations
Phony Recommendations
Boy, do I wish we had a good user based recommendation system. The problem is that many companies create phony recommendation systems to entice you to look at their website so that you will buy their products. It is really tiring looking at an endless list of so-called "reviews" that are really come-ons or simply product specs.
The solution is for companies to have the integrity not do have this misleading crap. The problem of course, like a drug addict, these companies are addicted to using any means, including misleading ones, to generate sales.
On the post: Ad Exec Threatens To Sue Over Copyright On Hitler's Globe In Tom Cruise Movie
Re: Globe ownership
On the post: Ad Exec Threatens To Sue Over Copyright On Hitler's Globe In Tom Cruise Movie
Globe ownership
I don't know anything about German law, but just because you have no decedents doesn't mean that someone can appropriate ownership. Hitler could have had a will. Hitler could have had relatives who are still alive who would be entitled to a what would be left of any estate. Even if he didn't leave a will or have relatives the property could revert to the German State.
Anyway if this guy Pritikin had any moral integrity (as he claims) he should donate it either to the Wiesenthal Center or back to the German government.
On the post: Ad Exec Threatens To Sue Over Copyright On Hitler's Globe In Tom Cruise Movie
He May Not Even Own it
"The Huffington Post article states: "When Pritikin bought the globe, he paid 5 times it's pre-auction estimate. It was sold by an American soldier named John Barsamian who had found it in the ruins of Hitler's "Eagle's Nest" in the Bavarian Alps in May 1945."
Seems that a case could be made that this was stolen property and that Pritikin would be obligated to return it to whoever the rightful owner would be today.
The Independent in 2000 had the following article: "Nazi loot returned to owner" This is one of many such articles. The Independent wrote: "But new research by the Bavarian State Collections in Munich and the Commission for Looted Art in Europe showed the triptych had been unlawfully taken from the Gotthilf family, who later changed their name to Glanville." Actually the issue was not simple, but complicated. Nevertheless, the point is that this globed was looted."
On the post: Where's That Line Between True Democracy And Mob Rule?
Wrong Comparison
Democracy is a political system.
You can have a democratic socialistic state.
On the post: Where's That Line Between True Democracy And Mob Rule?
Tyrrany of the Minority
On the post: Where's That Line Between True Democracy And Mob Rule?
Peoplocracy Extended
----------------------------------------------------------
The new Peoplocracy
Each Senator and Congress person would have on their page a list of all legislation. For the pending legislation, the voters who reside in the district could "vote" (really a pole). The voters would hopefully see how their fellow citizens feel and would also be able to compare how the Congress person actually voted in Congress when compared to the webpole.
As a slight twist, the Senate/Congress person should be required to post a position paper a couple of weeks before a scheduled vote to disclose how they intend to vote.
On the post: Mass Failure Of 30GB Zunes Shows That At Least A Few People Actually Own Zunes
Re: "Real Regulators" at Work
See Real Regulators Aren't Magicians, And They Usually Screw Up
We unfortunately seem to live in a world where the "evil" regulator even if he or she is not involved always gets blamed. So I am going with the flow here even though Real Regulators may not have been involved. But wait, as an electronic device the Zune had to have an FCC certification, so there is a plausible link that the Real Regulators were able to get their grubby paws on the device!
My apologies, my point is that economic inefficiencies and technical incompetence are EEO concepts and private industry is not immune.
On the post: Mass Failure Of 30GB Zunes Shows That At Least A Few People Actually Own Zunes
"Real Regulators" at Work
On the post: Real Regulators Aren't Magicians, And They Usually Screw Up
Re: Re: Doesn't this Mean the Absence of Regulation!
CNBC mentioned Greenspan last night, which reminds me of the following NY Times article: Greenspan Concedes Error on Regulation
The New York Times writes:
"But on Thursday, almost three years after stepping down as chairman of the Federal Reserve, a humbled Mr. Greenspan admitted that he had put too much faith in the self-correcting power of free markets and had failed to anticipate the self-destructive power of wanton mortgage lending.
“Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself included, are in a state of shocked disbelief,” he told the House Committee on Oversight and Government Reform."
On the post: Real Regulators Aren't Magicians, And They Usually Screw Up
Re: Re: Doesn't this Mean the Absence of Regulation!
This is akin to driving your car at 200mph into a light pole and then blaming the police for the accident by not arresting you before you struck the light pole!
On the post: Real Regulators Aren't Magicians, And They Usually Screw Up
Doesn't this Mean the Absence of Regulation!
First, I am not defending regulators who are not doing their job in one manner or another.
Second, we are incessantly scolded that we need less regulation to promote the free market. Well, if the regulators aren't doing their job isn't that free market nirvana!!
Instead of hearing the boastful gloating of the anti-regulatory crowd claiming a free market victory due to the obvious lack of regulation; we are seeing our economy diving into a global meltdown. In fact many of our fine free market corporations are going to the government for free hand-outs of money.
So when will the less regulation crowd do some self-critiquing, self-reflection, and questioning instead of placing the blame on everyone else?
On the post: Motorola Trying To Block Competitors From Hiring Workers It Laid Off
Pay Them
I would also take a layoff to be an adverse action that should "void" any contract, but then I am not a lawyer.
On the post: Old Electronics Kit Manuals Forced Offline Thanks To Copyright
Disgusting !!
I will even go a step further. If you buy a product, especially if it is a device that requires a manual for constructing it, you are entitled to the manual. In this case copyright could be considered a liability. The product was sold with the manual and a company should not be able to sever that link. Obtaining a replacement manual should not be considered a violation of copyright.
I will acknowledge in the old paper and mail era, that a company would be entitled to charge for the reproduction and the mailing of a replacement manual. But in the internet era, this is plain wrong.
On the post: RIAA Apparently Unable To Stop Lawsuits In Motion
Re: It's Self Aware!
On the post: RIAA Apparently Unable To Stop Lawsuits In Motion
It's Self Aware!
On the post: RIAA's New Policy Isn't About Deterrence, It's About Sidestepping Due Process
Financial Incentive
The RIAA may not pursue this strategy since it would mean paying out real money. Nevertheless, it does point to a potential shortcoming of how the free-market operates. What happens if a third party pays someone to deprive you of access to the internet, to inspect your packets, to trespass on your computer, or otherwise interfere with your packets?
On the post: RIAA's New Policy Isn't About Deterrence, It's About Sidestepping Due Process
Due Process
Next >>