Not actually using the trademark in question is trademark infringement? One has to wonder who the moron in a hurry here is, the public, or the luminary who came up with that logic.
"... and covet financial gain for their misconduct."
If that were illegal, we'd see the following headline in the news more often: "Crony Capitalists' Corporate Chapters Cancelled; Culpable CEO's Criminally Charged, Crying."
If you bought the product from someone else (like Home Depot), it seems to me that those T&C aren't worth the paper they're printed on. You don't have a contract with the manufacturer simply because they included a slip of paper.
Or are we to assume that HD made you sign that paper before being allowed to buy the product. In which case, good luck, I'll go shop somewhere else.
How would you enforce a contract without binding someone, or even if you did, when it's clearly unconscionable?
"No your honour, I wasn't demonstrating. I came here as part of a flash mob... I mean we were all here at the same time because our driver's licenses were in need of renewal. Having to sit because the resulting line was so long doesn't make it a sit-in."
We really love riding our car, but too bad about all those pesky insects impacting the windshield and all that mud ruining the paintjob...
Therefore, we've decided to remove the engine, let the air out of the tires and use someone else's car instead. But don't worry: because we love our car so much, we'll check insect and mud levels from time to time.
Back in May, we wrote about how, despite pretty much everyone agreeing on a (decent, if not amazing) patent reform bill in the Senate, the whole thing got shot down, when the trial lawyers called Senator Harry Reid, asking him to kill the whole thing, which he did, telling Senator Patrick Leahy that he wouldn't allow the bill to go to the floor for a vote.
Maybe you'll find it easier to read when structured as a patent?
What is claimed is: 1. A method and apparatus for patent reform comprising the steps of: (a) Use of a patent reform bill. (b) Having pretty much universal agreement in Senate. 2. The method of claim 1 wherein the bill is decent, if not amazing. 3. The method of claim 1 wherein trial lawyers call Senator Harry Reid, asking him to kill the whole thing. 4. The method of claim 3 wherein the Senator follows through, comprising the steps of: (a) Killing the bill (b) Telling Senator Patrick Leahy that he wouldn't allow the bill to go to the floor for a vote. 5. The method of claim 4, with optional gloating.
Perhaps: "The last time we wrote about Tiger Woods, it was way back in the day when he was best known for putting golf balls in small holes instead of putting small holes in golf balls."
Finite fields (like Galois Fields) have been in use for over a century. The patent claims a way of calculating them faster on a computer as claim 1. The rest are dependent claims.
"Do this general thing that's been common practice, but on a computer" is exactly what the Supreme Court rejected in Alice, unless I'm mistaken.
Something in active use for over a century can be said to be common practice.
After a failed attempt to bully USENIX, StreamScale intimidated (i.e. there was no lawsuit and therefore no ruling) James Plank, a known researcher in the field, also author of widely used Free Software libraries using the same techniques as those described in the linux kernel.
The full FAST '13 conference proceedings (in PDF, EPUB, and MOBI) and the table of contents (in PDF), which contain papers entitled SD Codes: Erasure Codes Designed for How Storage Systems Really Fail and Screaming Fast Galois Field Arithmetic Using Intel SIMD Instructions, which were posted here, have been taken down due to a dispute over the two papers' contents. USENIX takes no position regarding the merits of the dispute. We will re-post the papers when the dispute has been resolved to our satisfaction or at such earlier time that we deem appropriate. Note that all other FAST '13 papers are available individually below
In a world filled with goo, a gaggle of law wranglers set out to punk all the webzines.
On a browser near you soon, from the producers of Carreon: Eat Crow and Prenda: 1,000 milliPrendas And Counting, comes a new legal dramedy: Roca: Swinging the Legal Baton.
"Wow, it's the reality show you didn't even know you were on!" - Oscar Wilde.
former NSA General Counsel Stewart Baker suggested the reason Blackberry had failed was because it used "too much encryption".
As I recall the start of the decline in their market share coincided with all and sundry governments demanding backdoor access, making them a liability to businesses.
(untitled comment)
Re: Godwin
Therefore misquoting his name would take away part of his power, afraid he might otherwise go bump in the night...
/s
(untitled comment)
Re: Re: They haven't repealed their Anti-SLAPP law
(untitled comment)
If that were illegal, we'd see the following headline in the news more often: "Crony Capitalists' Corporate Chapters Cancelled; Culpable CEO's Criminally Charged, Crying."
Re: Re: Vinotemp
If you bought the product from someone else (like Home Depot), it seems to me that those T&C aren't worth the paper they're printed on. You don't have a contract with the manufacturer simply because they included a slip of paper.
Or are we to assume that HD made you sign that paper before being allowed to buy the product. In which case, good luck, I'll go shop somewhere else.
How would you enforce a contract without binding someone, or even if you did, when it's clearly unconscionable?
(untitled comment)
IETF/ICANN/INTERNET_AT_LARGE: Yo dog, we heard you like sending DMCA notices using DNS info, so we sent a DMCA notice using DNS info...
MPAA: You're mean. Why?
IETF/ICANN/INTERNET_AT_LARGE: DNS is our bailiwick. Now kindly Respect Ma Authoritah (You've heard of authoritative DNS servers, right?)
(And they all lived happily ever after?)
Re: Question
(untitled comment)
Just publish them in Australia, it's already the day after the demonstration there.
Car analogy
Therefore, we've decided to remove the engine, let the air out of the tires and use someone else's car instead. But don't worry: because we love our car so much, we'll check insect and mud levels from time to time.
Re: Re:
Prestidigitation classes enjoy revival in rise in DC.
All this does is ensure that a goodly percentage of DC's citizens become amateur magicians, forever keeping things at arm's length from seizure.
Re:
Maybe you'll find it easier to read when structured as a patent?
What is claimed is:
1. A method and apparatus for patent reform comprising the steps of:
(a) Use of a patent reform bill.
(b) Having pretty much universal agreement in Senate.
2. The method of claim 1 wherein the bill is decent, if not amazing.
3. The method of claim 1 wherein trial lawyers call Senator Harry Reid, asking him to kill the whole thing.
4. The method of claim 3 wherein the Senator follows through, comprising the steps of:
(a) Killing the bill
(b) Telling Senator Patrick Leahy that he wouldn't allow the bill to go to the floor for a vote.
5. The method of claim 4, with optional gloating.
Re:
Re:
"Do this general thing that's been common practice, but on a computer" is exactly what the Supreme Court rejected in Alice, unless I'm mistaken.
Something in active use for over a century can be said to be common practice.
Not a failed attempt at bullying USENIX
Apparently not a failed attempt at bullying after all.
Re: Re: Re:
On a browser near you soon, from the producers of Carreon: Eat Crow and Prenda: 1,000 milliPrendas And Counting, comes a new legal dramedy: Roca: Swinging the Legal Baton.
"Wow, it's the reality show you didn't even know you were on!" - Oscar Wilde.
Re:
Hmmm, can't seem to find a stock symbol for them. So much for the only (semi-)rational theory of their behaviour I could concoct.
Too much or too little encryption?
As I recall the start of the decline in their market share coincided with all and sundry governments demanding backdoor access, making them a liability to businesses.
This calls for a new bill
More comments from Nom du Clavier >>
Techdirt has not posted any stories submitted by Nom du Clavier.
Submit a story now.
Tools & Services
TwitterFacebook
RSS
Podcast
Research & Reports
Company
About UsAdvertising Policies
Privacy
Contact
Help & FeedbackMedia Kit
Sponsor/Advertise
Submit a Story
More
Copia InstituteInsider Shop
Support Techdirt