Dept. of Homeland Security Enforces Expired Patent
Fouquet writes "Apparently the Department of Homeland Security does not have enough to do in keeping the US safe, and now is enforcing copyright law as well. The AP reports that a toy store owner in Oregon was requested by Homeland Security officials to remove a potentially copyright-infringing Rubik's cube-like toy from her shelves. The patent for Rubik's cube was issued in 1980, and so it is expired."
In normal cases, people will just consult a lawyer (the shop owner did call her supplier, later), or at least ask for supporting documents before they complied to requests from officials. For example, you tend to ask for a search warranty if someone wants to search your house.
However with all the terrorism and patriotism nowdays, peasants can't afford to not cooperate, "just in case" you got blamed for being terrorist or unpatriotic.
Next thing we know, IRS burst into a kindergarten arresting several 5-year-old's for not calculating and paying proper tax while playing Monopoly, just to protect the integrity of the economy and nation's financial systems. "If they can't do tax at age of 5, will you trust them to pay tax 20 years later?!"
Rock that crushes, Paper & Scissors that don't matter.
Trademark in the title, copyright in the summary, but a patent on the Rubik's cube. These are all different you know...
Ahh, America -- land of the moron. Where the nation's anti-terrorism forces bravely persecute toy-store owners for "violation" of expired patents.
USA seem more and more like a police state. Once I wanted to visit USA but now I wouldn't dream of setting foot in the states. I'd probably be arrested if I said something wrong.
"Within six months of passing the PATRIOT Act, the Justice Department was conducting seminars on how to stretch the new wiretapping provisions to extend them beyond terror cases," said Dan Dodson, a spokesman for the National Association of Criminal Defense Attorneys. "They say they want the PATRIOT Act to fight terrorism. Then, within six months, they are teaching their people how to use it on ordinary citizens."
Puzzles are an atempt to destroy our national security! If our children had puzzels they, they might become smart, and ask questions. We can't have children asking questions now can we? They'll never make good sheeple that way!
Only in a Slashdot fantasy can a Slackware install turn into several hours of sex . . . . .
The American Federal government already has a law enforcement agency, that being the ever-venerated FBI. In addition, the Secret Service also acts in some cases as a law enforcement agency, providing protection for the President, government buildings like the U.S. mints, and, of course, as the chief investigator of counterfeiting schemes.
Now the DHS seems to see its role as more than a simple anti-terrorist investigative agency. They think of themselves as another arm of Federal law enforcement. To some extent, they are correct. The role they play is vital to American national security, and to reach the goals of the agency it is mandatory that they have the ability to use law enforcement tactics.
However, to stretch the fairly narrow initial charter of the DHS to include such things as "defending the national economy" is nothing short of stupid and dangerous. When the DHS was formed, their purview only included possible terrorist attacks. Now it is expanded to include just about any crime that someone deems undesirable.
The government should not have many overlapping law enforcement agencies. Indeed, this is what led to the massive intelligence failure on 9/11 with the lack of communication between the various government agencies. The DHS would be better absorbed into the FBI as a anti-terror division than to continue expanding its powers unabated.
...expiration violations aside, shouldn't the order be to stop manufacturing them, not to stop selling them? Also, isn't the owner of this (expired) patent responsible for enforcing it instead of Homeland Security just hunting them down?
"Aren't there any terrorists out there?" she said.
Terrorists? Do you think we'd be mucking around in Iraq if we knew where to find terrorists??
Now just put down the cubes and nobody gets hurt.
https://www.eff.org/https-everywhere
The Customs Service is now part of Homeland Security. Ergo, DHS agents were the ones who investigated this incident.
sulli
RTFJ.
Terrorist suppliers cannot be allowed to sell the tools of evil with just one click.
The terrorist must always click twice.
134340: I am not a number. I am a free planet!
It's probably a typical case of government spending. If you don't spend the funds allocated to you this year, you don't have them next year. This perpetuates so much government waste. So they probably ran out of leads on terrorist cells and went after this person so they have a reason to request another million dollars in extra funding next year.
What makes this so sad is that slowly the terrorists are winning. I don't mean that as a joke. Their goal seems to have been to make our lives as shitty as theirs and they're are making progress.
And no, John Kerry in office isn't going to change anything because you still have Republicans in the house and senate. And yes, I am a Republican and no I don't agree with everything that they do.
Trademarks don't expire. Trademark, copyright, and patent are entirely different things. Reading the summary you can't tell which of these areas of law was involved and you get the impression that the action was taken on expired IP.
The article states that the action was taken on the basis of a trademark. With a name like "Magic Cube" if the toy is anything at all like a Rubic's Cube then it almost certainly does infringe on the Rubic's Cube trademark.
And why all the fake wonderment about the department of Homeland Security handling the case? In case anyone missed the press release the department is not some niche organisation that deals specifically with terrorism. It's a big tarball of a whole bunch of departments and old law enforcement angencies that used to deal with all manner of federal law enforcement issues. They do lots of things besides deal with terrorism.
Oh man, I want one of those Magic Cubes so bad, which is funny, because I hated the Rubiks Cube (not because it was hard, it was just too popular).
So how about it ThinkGeek? I want "the toy the government doesn't want you to know about".
How cool would that be.
"Kittens give Morbo gas!"
Tom Delay, (R-TX), is under indictment in Texas for abusing his power as leader of the majority in the House of Representatives (ie, a powerful man) to sic Homeland Security on a group of Democrats state assemblymembers as part of a bitter redistricting battle. Regardless of the merit of the Democrat strategy, Homeland Security was clearly not appropriate, though Delay was able to use them for his purposes, without any security component.
If we let these powermad tyrants have power, they will abuse it, and maybe apologize later, after the damage is done. We have to get rid of this unaccountable department immediately, and use our National Security system to protect us. Anyone know what is the difference is between "National" Security and "Homeland" Security? Or the Department of Defense, for that matter? We're turning into squalid East Germany, where every fifth German was a "security" henchman, controlling their neighbors through surveillence and intimidation.
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make install -not war
I've figured it out. The Rubiks cube was actually invented by some commie, wasn't it? So the All-American Majick Cube would actually be HELPING our economy, by making sure part of the profits didn't go to those godless communists.
So, if the Dept of Homeland Security confiscated the American cubes.... they must be agents of the Soviet Government. Thats the only thing that makes sense.
I am NOT a man!
I am a free number!
Vote Bush for a better, safer America. Vote Kerry for a wealthier Kerry.
Have you seen the price of oil recently?
deus does not exist but if he does
It's a matter of priorities and if this our current administration's idea of a law enforcement priority, then we need change really, really bad.
That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
"An evil exists that threatens every man, woman and child of this great nation. We must take steps to ensure our domestic security and protect our Homeland." -- Adolf Hitler, on the creation of the Gestapo
...tha's just wrong. Completely absolutely wrong. I distinctly remember when we had a great, viable economy, a GOOD one, BEFORE almost everything was imported. BEFORE. When any random Joe Normal blue collar job was enough for a house and a car and a flock of kids and benefits and vacations and savings. Not even a high paid white collar, just a normal middle of the road blue collar, and yes, it might even have been making inexpensive toys. Just because you don't remember it doesn't mean it didn't exist. They not only could inspect the containers, they could change the laws back to where the bulk of the containers were going OUT like they used to be when we had a REAL economy that wasn't skewed towards the globalist elite millionaire crowd and calling massive debt, deficits and credit a "strong economy".
That "not be able to inspect" the containers jazz is a load, OF COURSE they could if they wanted to, they don't want to. They manage to "inspect" 80 year old ladies and crippled vets in wheelchairs at the airport. They manage to "inspect" a heap of countries over yonder, to the tune of billions of dollars a WEEK using hundreds of thousands of dudes, some of them making in excess of 600$ a day to just tote a rifle. The "war on terrorism" is a complete fraud. It's war to terrorise americans,oh, that's true, that's really true, but it's being waged by the government, and this article proved it in yet again another small way.
You had to watch it grow ever since the 60s to see it,but it's been creeping incrementalism, and a lot of folks have been warning about it for years. The past few years they have hit the nitrous button, that's the only difference. And they show no sign of relenting, or rolling anything back for that matter, just ever onward. And people have been eating it and sucking it up every step of the way. Can't look at a news site anymore without seeing more and more evidence of it. A FAN at a baseball game shot and killed by getting hit in ther eye with a riot paintball pellet? Huh? Random "courtesy" checkpoints? Huh? Cameras all over staring at you? Huh? Even that name "Homeland Security" WHAT WW2 B war movie did they drag that from? What is all this crap BUT big brotherism and state terrorism?
The goons have proven it, the slow boiling frog, most people will just slurp it down, excuse it, make believe they aren't seeing or hearing what they are seeing or hearing, every step of the way.
You do realize that this is exactly the type of speech the First Amendment was put in place to protect?
Imagine you get a speeding ticket. You follow 'due process' and fight the ticket. Let's say you win (I have done this). You will be made to pay court costs, which are probably as much as the ticket. If you lose, the fine will be outrageous and the judge might slap community service or some incarceration atop of that if you piss him off too much.
That ticket is just a cop telling you he accuses you of doing this. The DHS people were doing the same thing. If they want to fight it, go to court. Expect to pay a lot of money and really be screwed if you lose, though.
HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
This is part of the Cornerstone Initiative, "Protecting the Homeland through Economic Security". Their site is "being revised", but their newsletter lists what they're up to.
"... Expired Trademark" + "...now is enforcing copyright law as well" + "The patent for Rubik's cube..." = WHAT THE FUCK
This is the most illinformed shit I've seen on Slashdot in a while. A Slashdot while that is, which is not very long. Sometimes people make a little mistake and think say for instance a trademark is covered under the same laws as copyright. Pisses me off, but it's never the end of the world. But this? The End of the World .
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WHO ATE MY BREAKFAST PANTS?
The Red Sox won the World Series under a total lunar eclipse. The leader of the moderate Palestinians is on his deathbed. The Israeli coalition government is about to fall apart over the Gaza withdrawal plan. The Chief Justice of the Supreme Court has a serious case of thyroid cancer. All this less than a week before one of the most contentious US Presidential elections in history.
And now, Slashdot editors confuse copyright, trademark, and patent law all together at once, creating a sort of Grand Unified Theory of IP Confusion which was obviously the purpose of Slashdot.
So yeah, the end of the world.
I have seen the future, and it is inconvenient.
Definitely my award for worst slashdot writeup And that's saying a LOT.
A Rubik's cube can't be copyrighted - there's no text. The INSTRUCTIONS could be...
A trademark on it could be valid - but only if it was confusingly similar - ie, if a reasonable person buying it might THINK they were buying a Rubik's cube, or something from the same company.
The patent is apparently expired, at least if can trust the article. Which we can't.
Patent law != copyright law != trademark law != trade secret law. THEY ARE ALL TOTALLY SEPERATE.
*sigh*
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