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ITC Judge Calls For US Xbox Import Ban

symbolset writes "In the long running dispute between Motorola and Microsoft, Judge David Shaw of the ITC recommended Monday an import ban on Xbox 360 S consoles, as they are found to infringe Motorola's patents (PDF). The judge also ordered Microsoft post a bond of 7 percent of the retail price of all unsold U.S. Xbox inventory. The decision will go to the ITC's board of commissioners, who will either uphold the recommendation or overturn it. 'Microsoft argued that Shaw's exclusion order does not serve the public interest because it would leave consumers of video game consoles with only two options to satisfy their needs: the Sony Playstation and the Nintendo Wii. Shaw rejected that argument, finding that the public interest in enforcing intellectual property rights outweighs any potential economic impact on video game console buyers.'" This follows news last week of Microsoft winning an import ban on Motorola's Android devices.

255 comments

  1. Compromise time boys! by Anonymous Coward · · Score: 2, Insightful

    This could wind up being a great way to force a compromise.

    1. Re:Compromise time boys! by geminidomino · · Score: 4, Insightful

      Pretty much this. Let's be honest. No one involved in this patent-war-on-twelve-fronts gives a flying fuck at a rolling donut about "the public interest."

      They need to go ahead with the ban. The only thing that's ever made the giants in the sandbox ever stop and go "wait a sec..." was MAD.

    2. Re:Compromise time boys! by N7DR · · Score: 1

      Pretty much this. Let's be honest. No one involved in this patent-war-on-twelve-fronts gives a flying fuck at a rolling donut about "the public interest."

      When rendering an opinion, an admninstrative law judge at the ITC is required to consider the public interest. Most likely, bith sides in the instant investigation will have briefed the judge with the aim of convincing him that their particular position is in the public interest. In many cases (I don't know if this was one, although it seems likely given the scope of the investigation) there an internal ITC lawyer is appointed specifically to argue "the public interest" case before the judge.

    3. Re:Compromise time boys! by MMInterface · · Score: 1

      They need to go ahead with the ban. The only thing that's ever made the giants in the sandbox ever stop and go "wait a sec..." was MAD.

      This is wishful thinking at the least. You're assuming this will make the giants come to the same conclusion as you and react in the way you would. However, if they followed that logic, this wouldn't be happening in the first place. Patterns of behavior indicate that the giants will instead react by putting even more resources into litigation and acquiring patents. Also, this isn't MAD. The legal industry would profit from this without the risk of being whipped out in the crossfire. In contrast, in a real MAD situation, the third party profiteers such as defense manufacturers are wiped out as well.

    4. Re:Compromise time boys! by Rennt · · Score: 1

      A compromise between Microsoft and Motorola isn't going to help anybody else though is it? It further entrenches patents as an offensive weapon, and the next upstart that comes along and dares to compete with them will be crushed by the unholy alliance.

    5. Re:Compromise time boys! by Anonymous Coward · · Score: 0

      Personally I see fewer consoles available for sale actually being in the public interest...

  2. Re:Ridiculous patent system by Anonymous Coward · · Score: 0, Troll

    Just keep shilling, account-of-the-day man.

  3. There they go again by Anonymous Coward · · Score: 0

    There goes Apple again - litigating rather than inno... What's that? Not Apple? Oh... Awkward...

    1. Re:There they go again by flimflammer · · Score: 1

      No.

    2. Re:There they go again by Anonymous Coward · · Score: 0

      Google has absolutely nothing to do with this. SHUT THE FUCK UP!

      At most, Google would be getting pulled into it now, at this point, after this judge's recommendation was made and done. Microsoft started it against Motorola, who Google had no part in yet. Motorola, as Motorola (NOT as Google in any way, shape or form), fired back with their own resources. Google really doesn't benefit from this, unless it leads to Motorola Mobility, now owned by Google as of yesterday, getting their phones back into the US successfully.Other than that, Google's pretty much out of the picture up to this point.

      No, it's not Apple. But it's not Google either. It's Microsoft (who really isn't much better than Apple, if any better really, for this sort of thing) and Motorola. Done.

    3. Re:There they go again by Anonymous Coward · · Score: 0

      that's a fine argument you have there!

      You have completely convenced me with it that microsoft should be able to violate other's IP with no effects against them while they take inforcement action against anyone who does the same thing to them.

  4. Re:Ridiculous patent system by RightSaidFred99 · · Score: 5, Insightful

    Both sides are assholes on this one. They seriously need to overhaul the US patent system, the balance has been tipped (for a long time) to where it stifles innovation way, way more than it fosters it.

    About the only things that deserve patents are fundamental discoveries and drugs that are unique and cost hundreds of millions to develop and test. And even then, just provide some kind of "formula patent" that only lasts 5-6 years.

    Most patents are fundamentally flawed because they rely on a small leap from someone else's existing work. Sure, if you just step outside the box and totally invent zero point energy in your mad scientist lab you should get a patent and make $5 trillion from it. But most "inventions" are just trifling little bullshit extensions of something that exists already.

  5. Good for him by Anonymous Coward · · Score: 0

    Maybe the politicians will notice that the patent system is fundamentally broken when it finally gets to the point that nothing can be sold in the US any more (the Mutually Assured Destruction part of the current ongoing patent nuclear war)

    Yeah, right...

    1. Re:Good for him by jfbilodeau · · Score: 1

      As long as the US is run by lawyers, there's no way politicians are going to do away with the patent system. Katching!

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      Goodbye Slashdot. You've changed.
    2. Re:Good for him by denis-The-menace · · Score: 1

      With more that 50% of all lawyers being in the USA, what do you expect?

      Note: actual numbers are between 50-80% as per Google:
      http://www.google.ca/ /search?q=percentage+of+lawyers+in+the+world

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  6. Re:Ridiculous patent system by Baloroth · · Score: 5, Insightful

    Well, Microsoft won an import ban against Motorola for a patent on "generating meeting requests", so I'd say turnabout is fair play, in this case.

    Although you are right about the damages, in a way: how are all those red-ringed XBOX 360s supposed to get replaced now? *ducks*

    Google is evil.

    Ah, right. Let me check: timestamp of post matches that of article, 4 post history all on Google/MS discussions (all today). Oh look, a shill!

    --
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  7. A very wise man once said . . . by Tanman · · Score: 1
    1. Re:A very wise man once said . . . by hort_wort · · Score: 1

      Good on you, sir. I always thought that quote was from Mars Attacks.
      http://www.youtube.com/watch?v=MPMmC0UAnj0

      -feels educated-

  8. Re:Ridiculous patent system by Anonymous Coward · · Score: 5, Informative

    Yeah, sure, blame Google. After all they acquired control over Motorola yesterday so they must be responsible for this ruling which came out 2 days ago.

  9. Re:Ridiculous patent system by PIBM · · Score: 2, Insightful

    Do you really think it's a good ban to prevent all motorola android devices from being imported because they can be used to organize a meeting ? An eye for an eye, bitches.

  10. Re:Ridiculous patent system by spire3661 · · Score: 1

    unfortunately, turnabout play does nothing for the customer or the nation.

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    Good-bye
  11. Huuuuge Balls by Ultra64 · · Score: 5, Funny

    "Microsoft argued that Shaw's exclusion order does not serve the public interest because it would leave consumers of video game consoles with only two options to satisfy their needs"

    Bah ha ha ha ha ha ha ha ha ha ha ha.
    Microsoft sure has some huge balls.

    1. Re:Huuuuge Balls by 0racle · · Score: 1

      So you're saying less competition is in the public interest?

      --
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    2. Re:Huuuuge Balls by parlancex · · Score: 4, Insightful

      I think he's saying it's ironic to hear that specific line of argument from a company like Microsoft; that patent infringement should be disregarded as long as the product fosters a competitive market does not have many players. I hopefully shouldn't have to explain why that is both funny and ironic.

    3. Re:Huuuuge Balls by krakelohm · · Score: 1

      So you're saying less competition is in the public interest?

      I think he is saying that a stay on this import ban would be more in Microsoft's interest then the public.

      --
      You are all a bunch of idots.
    4. Re:Huuuuge Balls by Anonymous Coward · · Score: 0

      Nah, please put games. in front of all slashdot articles. politics.games.slashdot.org, apple.games.slashdot.org, news.games.slashdot.org. Thanks!

    5. Re:Huuuuge Balls by Anonymous Coward · · Score: 0

      I'd plus one you if I had the points. Seriously what a whiny fuckbag. Stop working for shitheads who screen the word game. Or you know... work when you're at work... Either is an option

    6. Re:Huuuuge Balls by Ultra64 · · Score: 2

      I meant that they have a lot of nerve saying something like that after all of the anti-competitive things they've been busted for.

    7. Re:Huuuuge Balls by TheLink · · Score: 1

      Why don't YOU just change it to whatever you like? Or get your browser to do it automatically.
      e.g.
      http://cpu6502.slashdot.org/comments.pl?sid=2869843

      or even:
      http://too.much.typing.for.cpu6502.slashdot.org/comments.pl?sid=2869843

      --
    8. Re:Huuuuge Balls by cpu6502 · · Score: 1

      Strawman.
      I asked politely. There was no whining. And this is not the first employer I've seen screen games.slashdot. In fact... all of them have so far. One even screened-out slashdot completely.

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    9. Re:Huuuuge Balls by Anonymous Coward · · Score: 0

      A. Valid
      B. Their argument is legitimate, but it may not bear the weight they are trying to say it does. You're "More people own and actively play Xboxes than peoples who use PS3s" makes me think that they can afford a temporary ban at least. And further, there's also Nintendo that is most definitely a competitor (others could argue PCs, tablets, smartphones, etc. as competitors, but I'll leave that as a side note as I don't fully agree with it myself). So, there really doesn't sound like there's going to be some big monopoly rolling around in that market. Hell, Microsoft is still the new guy on the block, relative to the those other 2, and there's talk of others trying to force their own way into the market as well. Again, it's a legitimate argument, but it doesn't make it valid, and you're point really doesn't help their argument at all in the end.
      C. Fuck the public protecting them. The government does it for the public. And that's what it all boils down to in the end--what way will the government act? More often than not, the government is lining up with the "mafia" as you put it, and the public is subject to the government (although the US tries to claim it's the other way around, it clearly is not).

    10. Re:Huuuuge Balls by Anonymous Coward · · Score: 0

      Being brazenly hypocritical does not require courage or strength of will (the common metaphorical referents of the phrase "huge balls"). It just requires a simple disregard for the well being of others.

    11. Re:Huuuuge Balls by Anonymous Coward · · Score: 0

      Now students will not get that free M$ game console.. hmmm free and M$

  12. Just Ban All Imports by Anonymous Coward · · Score: 3, Funny

    The ITC has determined that just about every product out there violates some patent or other, so to play it safe, no products will be allowed into the United Staes ever again.

    1. Re:Just Ban All Imports by sbrown123 · · Score: 0

      Sad thing is that if the U.S. stopped importing the world market would crash followed by decades of wars. As much as I hate the huge amount of imports I will gladly take those over that happening.

    2. Re:Just Ban All Imports by Anonymous Coward · · Score: 0

      You're just delaying....

  13. Re:Ridiculous patent system by Anonymous Coward · · Score: 4, Insightful

    Well maybe if Microsoft didn't want to be victims of broken patent law, they should have done something about it... like lobbying to fix the patent system. Corporations are good at lobbying about stuff they care about and Microsoft is no exception - they both lobby for what they want and they've also exploited the broken patent system when it suited them in the past.

    The public won't fix the patent system, politicians only listen to the corporate wallets today. So let's make bad laws work against corporations and then maybe these corporations will try to change the laws.

    Apple, Microsoft, Sony, Motorla and others should all be victimized by patent law as much as possible. Just like the MPAA/RIAA should be made victims of bad copyright law. Then things will change for the good of the public.

  14. MAD by Anonymous Coward · · Score: 0

    The only winning move is not to play.

    1. Re:MAD by jfbilodeau · · Score: 1

      You beat me to it. I hope that this will doom to all the ridiculous software patents and their lawsuit.

      --
      Goodbye Slashdot. You've changed.
    2. Re:MAD by fnj · · Score: 1

      In what magical fairy tale land would that occur?

  15. Re:Ridiculous patent system by 0123456 · · Score: 5, Insightful

    unfortunately, turnabout play does nothing for the customer or the nation.

    It does if it convinces companies that they need to lobby against the patent system instead of for it.

  16. Re:Ridiculous patent system by YodasEvilTwin · · Score: 0

    Your CAPITALIZATION doesn't make sense AND what kind of moron USES "threesixty"?

  17. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Google only owns Motorola Mobility (The mobile division responsible for handsets & tablets), not all of Motorola.

  18. Re:Ridiculous patent system by Ruie · · Score: 4, Insightful

    About the only things that deserve patents are fundamental discoveries and drugs that are unique and cost hundreds of millions to develop and test. And even then, just provide some kind of "formula patent" that only lasts 5-6 years.

    I know of very few cases when a fundamental discovery was made by a commercial company, they usually shy away from anything that takes a decade or more to develop. Usually this is funded by the goverment which is supposed to have a longer term view.

  19. Re:Ridiculous patent system by NeutronCowboy · · Score: 2

    I'm starting to think that Slashdot should go the NEOGAF route when it comes to new posters: no creating topics until you have at least somewhat participated in the community. The amount of astro-turfing in Google, MS and FB stories is starting to get ridiculous.

    For what it's worth: you're completely wrong. This is the only way that the patent system can be made to work and can be fixed: MAD. Once there are smoldering craters everywhere, and the entire tech landscape is a glass parking lot, maybe the powers that be (both governmental and corporate) will revisit the notion that more patent law is always better than some patent law.

    --
    Those who can, do. Those who can't, sue.
  20. Re:Ridiculous patent system by BronsCon · · Score: 4, Informative

    Both this action by Motorola (Google)...

    The lawsuit in which Microsoft sued Motorola started long before Google began the process of acquiring Motorola Mobility and the judgment was made about a week before the acquisition. This lawsuit, in which Motorola sued Microsoft, began around the same time. Further, this was Motorola suing Microsoft, no Motorola Mobility, which Google fully acquired just a few days ago.

    Google may not be perfect, but they're also not the assholes who started this shit; hell, they're not even involved int it. If anything, they're getting screwed on the Motorola Mobility deal because of this.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  21. Re:Ridiculous patent system by DragonWriter · · Score: 1

    It's ridiculous. Both this action by Motorola (Google) and the patent system in the U.S. Do you really think it's good ban all sales of XBOX360 because there is (supposedly) some video playback algorithm used in XBOX360 that Motorola has patents for?

    The patent system is problematic, particularly as regards software patents.

    OTOH, Motorola would have been foolish not to pursue actions like this that are available under the current legal regime when Microsoft was pursuing similar actions against Motorola. (e.g., the one over Motorola Android phones generating meeting requests, which resulted in an ITC import ban on them.)

    Unilateral patent disarmament on Motorola's part might be good for Microsoft, but not for anyone else, and especially not for Motorola.

    Microsoft's point is also perfectly good. Banning Xbox360 will do serious damage. If you want to play any current generation AAA games, then your choice is Sony's PS3.

    I'm having trouble seeing that as "serious damage".

  22. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Both this action by Motorola (Google) [...]

    Try again, shill.

    First, you need to actually establish the "Google is automatically evil" rhetoric before relying on it to make Motorola out to be evil-scary-fnord-fnord. Outside of you astroturfing shills, this is not a defined truth (inside of your astroturfing shills is nothing but an empty, desolate void where a soul should go, so let's focus on the outside).

    Second, even if you get the first part established (just to remind you: No, you haven't), you would need to have Google buy out all of Motorola, not just the mobility part. Motorola != Google.

    Third, even if you somehow got the first two parts, you'd need to establish both of these back in time from when this lawsuit started. Google does not own Motorola, remember.

    I hope this helps your shilling efforts. By which I hope you simply give up shilling, which is, in fact, the only possible improvement to the act of shilling. I know this "hope" is more in the "pipe dream" category, but since you're not going to respond to any of us anyway (going on your previous accounts that you somehow seem to think we're forgetting), I don't give much concern to what you think about my hopes.

  23. Re:Ridiculous patent system by fluffythedestroyer · · Score: 1

    The 360 is a good console. It's not that bad. Calling people moron cause they use the 360 doesn't make sense if you ask me. It has a good gaming library, good graphics and good sound (7.1 if my memory serves me right ? idk, i don't own one). What's bad about it or why are people morons ?

  24. Whats next? by stabiesoft · · Score: 1

    Those patents sure are working well. Soon we will have nothing that we can buy in the states. We will have to travel to asia, buy it, and sneak it back here.

  25. Re:Ridiculous patent system by Junta · · Score: 2

    I think the criticism was of the use of "threesixty" as opposed to 360...

    --
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  26. Confucious say. Fair is fair. by cpu6502 · · Score: 3, Insightful

    Microsoft wants it both ways. They want to block somebody elses product.... Android..... but not their own. Fairness says both companies should be blocked. Good for the judge.

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    1. Re:Confucious say. Fair is fair. by Bigby · · Score: 1

      To be fair, Microsoft's lawyers for each case probably wasn't aware of the other case.

    2. Re:Confucious say. Fair is fair. by im_thatoneguy · · Score: 1

      Microsoft doesn't want it both ways. These lawsuits have been going on for ages. A company will avoid licensing something if it doesn't have to. Now Microsoft has to pay $0.50 per Xbox or whatever. Motorola will fight calendar sync as long as it can and then eventually pay $0.60 per phone.

      It's all part of the negotiating process. Microsoft doesn't really care. Nor does Motorola. They don't take personal offense nor do they think it mean that intellectual property is moot. They just are going to bend the rules until they break--which most of the time means they save money and every now and then means they have to pay-up.

      This is the system working.

    3. Re:Confucious say. Fair is fair. by bill_mcgonigle · · Score: 1

      which most of the time means they save money and every now and then means they have to pay-up.

      But, more importantly, it keeps the small players out of the big boys' game.

      And that's the real value of the patent system in 2012.

      --
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    4. Re:Confucious say. Fair is fair. by JAlexoi · · Score: 1

      Yeah... Right... It's not a lawyer's job to keep up with the matters of law.... oh wait!

    5. Re:Confucious say. Fair is fair. by rtb61 · · Score: 1

      The question is will M$ sacrifice the xBox to stop an Android assault on the desktop market. How much does the xBox make, when they have to upgrade the xBox how much will they lose again like the last xBox upgrade, is M$ ready to let xBox die to protect Windows from Android. They wanted to dump Bing, Ballmer's baby are they ready to dump xBox.

      They unceremoniously dumped Zune after all the very expensive hype they pumped into it, even when Ballmer's uncle loved it so much 'sic'. Is M$ ready to dump windows phone because they think they can make more out of B$ Android patents. They can't run MSN properly and blame it for it's losses when it should be worth more than Google. Under Ballmer M$ has become pretty chaotic, lashing out in all directions and, starting stuff and killing it. It is becoming really difficult to predict what they will do, it all seems rather random with no real cohesive plan.

      --
      Chaos - everything, everywhere, everywhen
    6. Re:Confucious say. Fair is fair. by fermat1313 · · Score: 1

      To be fair, Microsoft's lawyers for each case probably wasn't aware of the other case.

      I know we love to hate Microsoft here, but this is not just Microsoft behavior. This is the behavior of almost all large companies with IP portfolios.

      The problem is the direction IP law has gone and continues to go. Don't hate the player, hate the game

  27. Good by Anonymous Coward · · Score: 0

    It's about time this patent warfare resulted in some mutually assured destruction between Microsoft and Motorola.
    When the bottom line gets hit, maybe somebody will have some incentive to reform the patent office.

    My two favorite proposals:

    1. Legally mandated cross-licensing of patents. Anyone who wants one must be given one, on equitable and even terms.

    2. Patents get filed with itemized research and development costs. Any individual, company, or group can buy out the patent by paying out the office-accepted R&D costs times ten. Once bought out, the patent is public domain. If you want exclusivity, license it, don't buy it.

  28. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    DUCK! That's the sound of you missing it... completely.

    360 != "threesixty".

    He's not saying "What kind of moron uses the 360" as in the actual console. Nothing in his post was about the console.

    What he's saying is... what kind of moron uses the WORD "threesixty". I agree with him full. I've *NEVER* heard it called "threesixty".

  29. Re:Ridiculous patent system by Anonymous Coward · · Score: 1

    "This follows news last week of Microsoft winning an import ban on Motorola's Android devices."
    I would say this recent event was just karma biting them in the ass, and justly so. Too many patent trolls out there are whining and bitching when they get caught by the game.

    http://arstechnica.com/tech-policy/2007/08/ip-firm-accuses-google-9-other-companies-of-patent-infringement
    http://techcrunch.com/2010/08/07/why-we-need-to-abolish-software-patents/
    http://www.feld.com/wp/archives/2011/08/time-to-really-deal-with-the-broken-software-patent-system.html

    The real problem with the patent system is that ridiculous patents are validated in the first place, when most are patently (yes i went there) generic legal pitfalls, and that patents extend into domains which they shouldn't. Furthermore, patents aren't the type of protection that should even cover intellectual property. IP Law shouldn't be so convoluted that patent and copyright restrictions both enter the arena in some patchwork madness. Also, some of the expirations on the protections are just plain silly, and should instead require more consistent renewal, and offer no recourse for those who let their protections expire, after a grace period, instead of offering protection for decades at a time. Case in point is ESA enforced protection on games for NES, a console made approximately 30 years ago, because Nintendo et al decided that they wanted license games to mobile phone users, while most of those games sat around the web unnoticed by many for quite some time in easily accessible rom form.

  30. We don't care... by Brawlking · · Score: 1

    The judge is a moron. The public has no interest in stupid ass IP lawsuits.

    1. Re:We don't care... by gstoddart · · Score: 3, Insightful

      The judge is a moron. The public has no interest in stupid ass IP lawsuits.

      No, the judge is applying the law as it stands.

      The claim is that patents are "in the public interest" and that somehow they makes the world a better place.

      But if you look at the sheer tangled web of patent lawsuits which cover Microsoft, Samsung, Apple, Motorolla, Google, and I'm not even sure who else ... I'm not convinced that patents help the 'public', or helps to spur innovation. They have the opposite effect.

      You can say you don't care, but the fact of the matter is there's huge swaths of products and technologies you couldn't get into the market with because you'd violate a gazillion patents and unless you have a couple of billion in licensing fees, you'd get sued into oblivion.

      I believe one of the patents in this whole mess is "scheduling an appointment from a mobile device" ... which is almost exactly the same as "scheduling an appointment in real life", and nearly almost exactly similar to "scheduling an appointment with a computer".

      But, some drooling idiot decided that something that is well known but with a mobile device is an "invention". And then we get patent stupidity like this. (I'm sure there's more to it than that, but some days it feels like it.)

      --
      Lost at C:>. Found at C.
    2. Re:We don't care... by Anonymous Coward · · Score: 0

      The judge is a moron. The public has no interest in stupid ass IP lawsuits.

      A lot of the tech-illiterate public still support IP laws.

    3. Re:We don't care... by Theaetetus · · Score: 1

      I believe one of the patents in this whole mess is "scheduling an appointment from a mobile device" ... which is almost exactly the same as "scheduling an appointment in real life", and nearly almost exactly similar to "scheduling an appointment with a computer".

      Not quite. You can roughly describe it that way, in the same way that you can describe a Toyota Prius as "a car", but note that you're inherently describing the thing in terms of prior art, so of course that description will be obvious. You have to go to the patent claims, not just the title or abstract. Toyota can't patent "a car" or even "a hybrid car", but they can patent their specific type of hybrid planetary engine, and Microsoft can patent their specific type of Exchange-based remote calendar invites.

    4. Re:We don't care... by Anonymous Coward · · Score: 0

      I believe one of the patents in this whole mess is "scheduling an appointment from a mobile device" ... which is almost exactly the same as "scheduling an appointment in real life", and nearly almost exactly similar to "scheduling an appointment with a computer".
       
      Yes but it's a mobile device which means that the user could be anywhere and you really have to think hard about what that means for at least five minutes maybe even a whole afternoon and perhaps you even have to schedule a meeting and make a flowchart so you can work out all the ins and outs of scheduling a meeting while on the move using your mobile device. You're just acting as if this were easy but believe me those five minutes were really intense.

    5. Re:We don't care... by Brawlking · · Score: 1

      I'm sorry, but 90% of America doesn't care. All they want is whatever is popular and trendy, and most of them don't know or care about innovation until its already done and implemented in their new iPoodonthefloor. That's when they're like "OMG I don't need this but I can't see how I lived without it before!"

  31. Re:Hand bites dog by Technician · · Score: 2

    They should have had a BSA raid to put the shoe on the other foot.

    --
    The truth shall set you free!
  32. Motorola Mobility by DragonWriter · · Score: 2

    Further, this was Motorola suing Microsoft, no Motorola Mobility, which Google fully acquired just a few days ago.

    On this point you are incorrect. From the ALJ's Recommendation (Footnote 1, p. 2): The complainants are Motorola Mobility, Inc. and General Instrument Corporation of Horsham, Pennsylania (collectively, "Motorola".)

    1. Re:Motorola Mobility by BronsCon · · Score: 1

      At any rate, my point still stands that Google wasn't suing.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    2. Re:Motorola Mobility by fferreres · · Score: 1

      It doesn't. You don't know what conversations Motorola and Google had, and Motorola's future was pretty much tied to Android vs Windows Phone debates, so they would have to incline one way or another.

      --
      unfinished: (adj.)
    3. Re:Motorola Mobility by BronsCon · · Score: 1

      Ultimately, Motorola still made the final decision and filed all the paperwork. Whether or not Google wanted them to do so is irrelevant. Google wasn't suing, that was my point, it is factual; therefore, it still stands.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  33. H.264 Codec by bobbomo · · Score: 3, Interesting

    My understanding is that the Xbox 360 uses Windows Media Audio 10 Professional for all system and game audio.

    If the main issue is the H.264 video codec, why can't they just switch to Microsoft WMV/VC-1 or one of the many open source ones available? Sounds like a simple software system update to me if its just the video apps doing it. If H.264 is used on game discs then MS needs to payup.

    1. Re:H.264 Codec by Anonymous Coward · · Score: 0

      My understanding is that the Xbox 360 uses Windows Media Audio 10 Professional for all system and game audio.

      If the main issue is the H.264 video codec, why can't they just switch to Microsoft WMV/VC-1 or one of the many open source ones available? Sounds like a simple software system update to me if its just the video apps doing it. If H.264 is used on game discs then MS needs to payup.

      Because switching would be construed as an implicit admission of guilt and Motorola could then still press for the usual disproporionate losses. Also it wouldn't help at all because I'm sure that Motorola owns at least a few dozen trivial patents that M$ is infringing.

    2. Re:H.264 Codec by cpu6502 · · Score: 2

      How do you implement this... simple solution... when most Xboxes are not net connected. Plus that doesnt solve the problem of the last five years games which have h.264 on disc. MS would still be noncompliant.

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    3. Re:H.264 Codec by bobbomo · · Score: 1

      It is still unclear if h.264 is used on discs, and I already said they need to pay if that's the case. They do include system updates on Microsoft published game discs for the offline systems.

    4. Re:H.264 Codec by tlhIngan · · Score: 1

      My understanding is that the Xbox 360 uses Windows Media Audio 10 Professional for all system and game audio.

      If the main issue is the H.264 video codec, why can't they just switch to Microsoft WMV/VC-1 or one of the many open source ones available? Sounds like a simple software system update to me if its just the video apps doing it. If H.264 is used on game discs then MS needs to payup.

      h.264 is everywhere, and yes, the Xbox must use them for things like YouTube and whatnot.

      Now, the question on paying up is the big question. After all, h.264 is at issue, and yes, it's patented. However, the MPEG-LA is the authority handed the powers to license patents for h.264. You pay one fee and get to use all the patents required for h.264 to implement your h.264-using device. Everyone pays - Apple uses it to pay for every iPod, iPad, iPhone, iTunes, QuickTime, etc. Likewise, everyone else does the same. As part of the group standardizing on h.264, everyone agrees to license their patents FRAND style - hence paying MPEG-LA for the licenses (one person is better than many). The alternative is to license each patent individually which can be done, but can fall flat if the patents aren't forced to be FRAND individually (i.e., MPEG-LA will give a license to anyone who pays, but each patent holder may refuse to license you their patents if you wish to bypass MPEG-LA).

      Cellphones and WiFi is a somewhat different arena, for they insist all patents used be FRAND licensed BUT they do NOT have a centralized licensing authority - instead, you have to go to everyone and license them all separately (or buy products with the license already embedded). In this case, you have stuff like Apple vs. Motorola/Samsung/etc.

      So the big question is - what is going on? Microsoft may have made deals with everyone individually and the one with Motorola expired or something, because otherwise h.264 is fully licensed through the MPEG-LA, barring any submarine patents.

      That is what makes this case interesting.

    5. Re:H.264 Codec by Anonymous Coward · · Score: 0

      You've eaten on MPEG LA's FUD on WebM and anything that may compete on their stuff. Guess what? They don't indemnify licensees for infringing on somebody else's "essential" patent. Like in any other protection racket, your money is only good at keeping you safe from the thugs you're paying to, not anyone else.

  34. Re:Ridiculous patent system by DeadCatX2 · · Score: 0

    Microsoft's point is also perfectly good. Banning Xbox360 will do serious damage. If you want to play any current generation AAA games, then your choice is Sony's PS3. There is Wii, but it doesn't have the games.

    I play current AAA titles on my PC just fine, thank you very much. In fact they even look better than the 360's version.

    And on the PC, I can download custom maps for my games. I can download custom skins and custom sounds for my games. And I can use a keyboard and mouse for FPS, instead of the absolutely retarded dual-analog sticks (seriously, how can you play when your aiming is as smooth as a robot walking on ice?)

    Seriously, why would anyone play games on a console anymore? You can do so much more to your games on the PC.

    --
    :(){ :|:& };:
  35. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    It's silly overall.

    The Xbox has been out for how long, and an import ban only comes up now?

    I think we're seeing some wide cracks in the patent system if a product can be produced right up to EOL before an import ban can be thrown at it.

  36. Patents: the nuclear weapon of the corporate wars by CityZen · · Score: 5, Interesting

    I wonder how long this system will remain viable?

    Reminds me of a story concerning the game "MULE" (an excellent little multi-player economy-based game set around the building of a new colony). I liked this game a lot and often played against my brothers and friends. We'd play very competitively, each trying to maximize our own profits. Then I met a friend at college and happened to mention this game. She said, "Oh, I love that game too. What was the richest colony you made?" Until she asked, it hadn't occurred to me that you could play the game a different way: cooperatively, in order to achieve the best good for the colony as a whole.

    I wonder when humanity will figure that out too.

    (This is not an endorsement of "socialism" or "communism" or anything like that, or even a criticism of competition. It's just a note that we tend to focus too much on little-picture, selfish goals instead of big-picture ones. Compete to make the best thing, rather than compete to kill the competition.)

  37. Re:Ridiculous patent system by Hatta · · Score: 4, Insightful

    About the only things that deserve patents are fundamental discoveries and drugs that are unique and cost hundreds of millions to develop and test. And even then, just provide some kind of "formula patent" that only lasts 5-6 years.

    Abolish patents entirely and replace private research with publically funded research. The hard work (discovering new drug targets) is done by the NIH anyway. All pharma does are the clinical studies which are pretty much rote. They could easly be done by the public as well. And if we take the profit motive out of the situation, maybe we won't see 100,000 annual deaths due to adverse drug reactions.

    Patents exit to encourage private investors to invest in research. But if we directly fund research, we need no patents. The best part is that when the public does all the work, we'll get to keep all the profits too.

    --
    Give me Classic Slashdot or give me death!
  38. Re:Ridiculous patent system by Bigby · · Score: 0

    Ummm....you are ignoring the biggest inventors of all. Individuals. And individuals may corporatize their work and hire on other people (like Edison). Governments accidently invent things. Corporations buy inventions from the real inventors and turn it into a profitable venture.

    But I could list plenty of great commercial company inventions, but I can leave that up for others that aren't so pro-gov as you.

  39. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    If you want to play any current generation AAA games,

    You could always go outside and pick up a baseball or something.

  40. Re:Ridiculous patent system by Anonymous Coward · · Score: 1

    Funded by the government, then handed to a private company to exploit at our expense.

  41. Re:Ridiculous patent system by cpu6502 · · Score: 1

    That sounds wrong. Can we hear some examples.
    Maybe if the corps get hurt bad enough by their patent wars they will bribe Congressman and presidents to make changes.

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  42. Re:Ridiculous patent system by fnj · · Score: 1

    All right, how do you "fix" a system that by its very concept is bound to be a hopeless bureaucratic mess?

    "I thought of it first, nyah, nyah"
    "No, *I* did"
    "No you didn't, I did"
    "You copied it"
    "No, *you* copied it"
    "But mine's different from yours"
    "No it isn't"

  43. ...fnord? by DeadCatX2 · · Score: 1

    It looks like a typo, but I don't think it is. What, exactly, is "fnord"?

    --
    :(){ :|:& };:
    1. Re:...fnord? by GodInHell · · Score: 1

      If you can see it, you will eventually understand it.

    2. Re:...fnord? by Anonymous Coward · · Score: 1

      Fnord?

      Fnord is evaporated herbal tea without the herbs.

      Fnord is that funny feeling you get when you reach for the
      Snickers bar and come back holding a slurpee.

      Fnord is the 43 1/3rd state, next to Wyoming.
      Fnord is this really, really tall mountain.
      Fnord is the reason boxes of condoms carry twelve instead of ten.

      Fnord is the blue stripes in the road that never get painted.
      Fnord is place where those socks vanish off to in the laundry.
      Fnord is an arcade game like Pacman without the little dots.
      Fnord is a little pufflike cloud you see at 5pm.

      Fnord is the tool the dentist uses on unruly patients.
      Fnord is the blank paper that cassette labels are printed on.
      Fnord is where the buses hide at night.
      Fnord is the empty pages at the end of the book.

      Fnord is the screw that falls from the car for no reason.
      Fnord is why Burger King uses paper instead of foam.
      Fnord is the little green pebble in your shoe.
      Fnord is the orange print in the yellow pages.

      Fnord is a pickle without the bumps. Fnord is why ducks eat trees.
      Fnord is toast without bread. Fnord is a venetian blind without the slats.

      Fnord is the lint in the navel of the mites that eat
      the lint in the navel of the mites that eat
      the lint in Fnord's navel.

      Fnord is an apostrophe on drugs.
      Fnord is the bucket where they keep the unused serifs for H*lvetica.
      Fnord is the gunk that sticks to the inside of your car's fenders.
      Fnord is the source of all the zero bits in your computer.

      Fnord is the echo of silence.
      Fnord is the parsley on the plate of life.
      Fnord is the sales tax on happiness.
      Fnord is the preposition at the end of sixpence.

      Fnord is the feeling in your brain when you hold your breath too long.
      Fnord is the reason latent homosexuals stay latent.

      Fnord is the donut hole.
      Fnord is the whole donut.

      Fnord is an annoying series of email messages.
      Fnord is the color only blind people can see.

      Fnord is the serial number on a box of
      cereal.

      Fnord is the Universe with decreasing entropy

    3. Re:...fnord? by Sperbels · · Score: 1

      What, exactly, is "fnord"?

      Beware the fnords!

    4. Re:...fnord? by Anonymous Coward · · Score: 0
    5. Re:...fnord? by DeadCatX2 · · Score: 1

      Yeah, naturally I checked there, but the article still doesn't quite help me grok what fnord means. It feels kinda like a fancy way to say "FUD" (Fear Uncertainty Doubt/Despair), but I was hoping for a more natural explanation.

      The other AC, with the huge post, is a good example...but the meaning of the term is still somewhat elusive.

      --
      :(){ :|:& };:
    6. Re:...fnord? by lgw · · Score: 1

      It's just an allusion to a specific gimmick in the Illuminatis trilogy, where kids are indoctrinated (a) to feel aversion to "fnord" and (b) to be unaware that they see "fnord" in the first place, so that the populace could be subliminally programmed with aversion to whatever. It never really had a meaning as a word, because you're not supposed to be aware that you saw the word.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  44. Mwahahahahaaaa! by SmallFurryCreature · · Score: 3

    MS switching to an opensource codec on a closed DRM machine to get around software patents...

    You are FUNNY!

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Mwahahahahaaaa! by Anonymous Coward · · Score: 0

      MS would do it.
      Then they'd find some way to argue that because they're using it so much, they now own it. Or some evil shit like that.
      MS doesn't hate open source for moral reasons! Whatever helps them and/or hurts others most is what they'll run with.

  45. Re:Ridiculous patent system by sjames · · Score: 1

    MS seemed perfectly happy with the policy when it was Motorola getting blocked at MS's request. Sauce for the gander.

  46. Re:Ridiculous patent system by Dishevel · · Score: 1

    Umm...
    You forgot your SarcMark. Right?

    --
    Why is it so hard to only have politicians for a few years, then have them go away?
  47. Re:Ridiculous patent system by Dishevel · · Score: 1

    unfortunately, turnabout play does nothing for the customer or the nation.

    It does if it convinces companies that they need to lobby against the patent system instead of for it.

    Truth has been spoken.

    --
    Why is it so hard to only have politicians for a few years, then have them go away?
  48. Re:Ridiculous patent system by ZeroSumHappiness · · Score: 1

    I think he was stuffing his shirt with straw on that one.

  49. Re:Ridiculous patent system by cpu6502 · · Score: 1

    >>>There is Wii, but it doesn't have the games.

    Funny then that Wii is the # 1 best seller. It is the Atari or NES or SNES or PS1 or PS2 of this generation. The most popular platform. AND if microsoft didn't want Xbox banned, then I guess they shouldn't have pushed to have Motorola phones banned. Ya know..... you don't throw the first punch unless you're prepared to get a bloody nose in return.

    --
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  50. Re:Ridiculous patent system by Dishevel · · Score: 1

    I agree with him full. I've *NEVER* heard it called "threesixty".

    How would you know? :)

    --
    Why is it so hard to only have politicians for a few years, then have them go away?
  51. Re:Ridiculous patent system by fnj · · Score: 0

    I'm afraid I think your idea of an all-encompassing patent war yielding an eventual improvement is naive.

    The only way to restore sanity is to TOSS OUT the patent system, not tinker with it. No patent system could ever be fair because the very concept of a patent is completely counter to fundamental human rights. Get rid of the system and invalidate all existing patents tomorrow. THAT would work. Perfectly.

    Of course I know that will never happen, any more than "perpetrators" of victimless crimes like using drugs being released from the unprecedentedly bloated prison system, and the associated evil laws abolished.

  52. Re:Here is a solution by Anonymous Coward · · Score: 1

    Way to know absolutely nothing about Google, Motorola, Motorola Mobility, the purchase of Motorola Mobility by Google just a few days ago, and the lawsuit between Motorola and Microsoft that's been going on since 2010.

  53. Re:Here is a solution by Anonymous Coward · · Score: 0

    Yeah, Google's so evil, they even traveled 2 years back in time after acquisition to make Motorola file that lawsuit... Wait, what?

    Dude, button up, your fanboi is showing.

  54. Re:Here is a solution by gbjbaanb · · Score: 1

    to be fair, they bought it to defend against companies using their patents to get import bans of Android devices. Of which Microsoft is the biggest bully attacking them.

    I guess they both tried to play hardball and demand licence fees, and when neither backed down, ended up in this stupid situation. Still, pass the popcorn, its amusing me and I hope it'll end up in a less stupid patent system.

  55. Public interest by Brannoncyll · · Score: 4, Funny

    'Shaw rejected that argument, finding that the public interest in enforcing intellectual property rights outweighs any potential economic impact on video game console buyers.'

    This guy is seriously disconnected from the real world if he thinks that enforcing intellectual property rights is more important to the public than the availability of a popular product. As far as I can tell, the only people benefiting from the escalating levels of IP enforcement are the lawyers and cartels, while the public are getting shafted as the draconian measures erode their freedoms.

    1. Re:Public interest by Sique · · Score: 0

      No, it's not him, it's the law, that is that disconnected. The law thinks that upholding someone's rights is more important than playing a video game.

      --
      .sig: Sique *sigh*
    2. Re:Public interest by Brannoncyll · · Score: 1

      No, it's not him, it's the law, that is that disconnected. The law thinks that upholding someone's rights is more important than playing a video game.

      Copyright is not a right, its a privilege granted by the people to foster innovation. The law is clearly failing and desperately needs to be fixed before innovators throw up their hands in despair and move to a country with a less ridiculous system.

    3. Re:Public interest by scribblej · · Score: 1

      To feel otherwise is to directly admit IP laws do not serve the public interest.

    4. Re:Public interest by Anonymous Coward · · Score: 0

      Sure, but it would require a sea change in civilization and economics before judges can say that "If people want something, then it's okay for someone to sell it." Then the misnamed "pirates" would become beneficial entrepreneurs. For MS to say "we sell a big product and some people want it, so it's okay for *us* to 'steal' copyrighted material" is wrong unless you allow that it is okay for everyone to use the same argument.

    5. Re:Public interest by Brannoncyll · · Score: 1

      To feel otherwise is to directly admit IP laws do not serve the public interest.

      Its about time someone admitted that.

    6. Re:Public interest by synapse7 · · Score: 1

      So how likely is this to be approved? If one had interest in owning an xbox at sometime should said person run out and get one?

    7. Re:Public interest by Brannoncyll · · Score: 1

      Considering the 306S model has been around for a few years already, I expect most people who want one will already own one, and if not I imagine most retailers have a huge stockpile of the things scattered across the US, not to mention the number of second-hand consoles available on E-bay or on the high street. Actually I hope it does get approved, as then it becomes more ammunition to fuel the case for patent reform to end the ever-more-ridiculous patent war.

    8. Re:Public interest by Brannoncyll · · Score: 1

      I'm surprised that my post got modded +5 funny, considering it was meant in earnest. I do believe that IP enforcement has become a massive burden upon society that is stifling innovation and causing the introduction of poorly-conceived laws that fail at their prime purpose while chipping away at our rights. I seriously doubt anyone but the big patent owners are actually in favour of the system as it currently stands, and even those are getting tied up in a pointless and costly patent cold war.

  56. Re:Here is a solution by DragonWriter · · Score: 2

    However, all this shows is that Google is not all about "do no evil". The fact they paid 25 billion to buy a company only to turn around and use it as a vehicle to sue another competitor pretty much seals the fate that Google is about as cantankerous and vile as any other corporation.

    Not only was this suit filed long before Google bought Motorola Mobility, but the ALJ's initial determination of patent violation also occurred before Google bought Motorola Mobility. The only thing that has happened after Google bought Motorola Mobility is that the ALJ issued his recommendation to the ITC of what the ITC should do about regarding a remedy if the ITC upholds his determination on the violation.

    All of the relevant actions of Motorola Mobility and Microsoft that contributed to the ALJ's recommendation occurred before the Google acquisition of Motorola Mobility.

    So you can't really make any credible argument about Google based on this ALJ decision, even if it made sense to argue that retaliating against Microsoft's patent lawsuits against Motorola Mobility was an evil action on the part of Motorola Mobility, which it doesn't.

  57. Re:Ridiculous patent system by firesyde424 · · Score: 0

    Microsoft's point is also perfectly good. Banning Xbox360 will do serious damage. If you want to play any current generation AAA games, then your choice is Sony's PS3. There is Wii, but it doesn't have the games.

    I play current AAA titles on my PC just fine, thank you very much. In fact they even look better than the 360's version.

    And on the PC, I can download custom maps for my games. I can download custom skins and custom sounds for my games. And I can use a keyboard and mouse for FPS, instead of the absolutely retarded dual-analog sticks (seriously, how can you play when your aiming is as smooth as a robot walking on ice?)

    Seriously, why would anyone play games on a console anymore? You can do so much more to your games on the PC.

    This....a thousand times this. My buddies with consoles rag on me for not having an XBOX 9000 or whatever the newest console is. I usually answer them by thanking them for helping me find something that I could care less about than a new iDevice being launched which used to be at the top of my list of "Things I couldn't possibly care less about." Almost everything ends up being released for the PC and in the end, I can do whatever the hell I want to do with my PC instead of doing only MS or Sony "approved" things with my console.

  58. Re:Ridiculous patent system by cpu6502 · · Score: 0, Troll

    >>>The hard work (discovering new drug targets) is done by the NIH anyway.

    False.

    And profit motive is what makes a doctor or hospital desire to do a better job (and draw customers away from the competition). If the profit motive did not exist and they knew they would get paid anyway, even if they did a shitty job, then they'd be like government-employed teachers. Let me cue-up the video where a teacher was criticizing Mitt Romney as a bully, but then threatened to cane a student who called Obama a bully too. The student said, "They cannot take away your right to have your opinion." The teacher states, "OK, do I have to get my cane? As a social studies teacher, I cannot allow you to slander any President." The teacher cannot be fired, so she keeps getting paid even as she does a lousy job. http://www.infowars.com/teacher-yells-at-student-criminal-offense-to-criticize-obama/

    --
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  59. Re:Ridiculous patent system by icebike · · Score: 3, Insightful

    unfortunately, turnabout play does nothing for the customer or the nation.

    The patent law is only half the problem. The other half is the business practices that these companies
    choose to take.

    Given the inertia in changing the patent system, (good luck seeing that in your life time), the import bans are (arguably) the way to go.

    Only by forcing these things into the nuclear condition can you ever get big companies to realize that cheap and perfunctory
    cross-licensing is the only way to assure there are no costly misadventures down the line.

    Once it become the norm to cross-license (or very cheaply license), and the companies realize its more
    trouble and less revenue than it is worth to go after someone for these tiny little improvements and
    combinations of existing technology, they will perhaps stop beating each other up with lawyers.

    They could then do it all on line, via email, and maybe they would simply resort to publishing these inconsequential
    compilations of technology, so that nobody else could patent them and let the chips fall where they may.

    Its fitting that Microsoft got caught in this trap. Now if we can catch Apple's next phone and block it
    at the ports maybe some progress can be made in this direction.

    --
    Sig Battery depleted. Reverting to safe mode.
  60. Re:Ridiculous patent system by gbjbaanb · · Score: 3, Insightful

    you demand that all software patents come complete with working prototype source code.

    I am told that there are a thousand mousetrap patents in the patent office, each one with blueprint describing how to build one. Now, if we use the same approach for software patents, you should be able to create the same concept in a different way - eg, trapping mice, or maybe sliding something to unlock a screen.

    As it is, software patents simply patent the concept, and they are usually as vague as possible. It is also easy to submit a thousand patents, making working code be supplied with it would make the number of submissions reduce, and would let us have open source code after the patent expires, and would allow people to implement the same thing as long as it didn't use the same codebase (or a significant amount of the code already patented).

    It would possibly be the best compromise between no software patents and patenting some algorithms that are real inventions such a GSM radio or video codecs.

  61. Re:Ridiculous patent system by nomadic · · Score: 1

    "Banning Xbox360 will do serious damage. If you want to play any current generation AAA games, then your choice is Sony's PS3."

    You could go outside and take a nice walk in the park. Being unable to play a specific type of video game doesn't really count as "serious damage."

  62. Re:Ridiculous patent system by BStroms · · Score: 1

    1. Because of the games that are only available consoles.
    2. Because the cost of buying a new console every 6-8 years is less than the cost of keeping a computer current enough to play the new games when they come out.
    3. Because some people like simplicity, and when you buy a PS3 game, you know it will play on your PS3 without having to look up a single hardware requirement or driver compatibility crash bug report.

    For me it's primarily number 1, although number 3 is nice at times. I play both PC and console games, but honestly, there's just far more console exclusives I want to play than PC exclusives, so I spend more time on my console. As a note, both user mods and keyboard/mouse play are supported for at least some of the consoles, even if developers don't always take advantage of it and their might be some extra red tape around the mods.

  63. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Sounds like a line from the Obama campaign. Hail Der Fuhrer!

  64. Re:Ridiculous patent system by P-niiice · · Score: 1

    this wouldn't be a problem if the jobs didn't go overseas and the saving from the cut salaries go into vacation home #4 or even worse, into a tax attorney who gets the guy a 10% tax rate

  65. Re:Ridiculous patent system by Anonymous Coward · · Score: 2, Funny

    Because real nerds would either call it 2pi or 400 (grad)

  66. Re:Ridiculous patent system by DeadCatX2 · · Score: 0

    Yeah, it gets even better.

    Consider the game Left 4 Dead 2 (not "current", but it is a AAA title).

    There have been two DLCs released so far, they're working on their third one. All PC users got all DLC for free. All XBox users had to pay for the DLC.

    PC players have had access to the third DLC's maps for almost a year now. XBox requires a certification process, though, so XBox doesn't have it yet.

    PC players get regular updates which (sometimes) include bug fixes and stuff. XBox players must wait until a DLC to get bug fixes.

    PC players can set up their own dedicated server and mod it. XBox players rely on Valve's servers.

    PC players can download custom maps, custom skins, and custom sounds. XBox players can't change anything.

    PC players can access the console to send different commands, they can change their binds, they can use scripts. XBox can't do any of that.

    Borderlands is another title with pretty much the same dynamic, except PC players had to buy their Borderlands DLC. Everything else applies though; custom maps, custom content, etc. are only available for PC.

    Portal 2 has the Steam Workshop. So does Skyrim.

    --
    :(){ :|:& };:
  67. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    I've never heard it called the "XBox three hundred sixty". I have heard it called "XBox 3-60" or "XBox three-sixty"

  68. "satisfy their needs"... by Anonymous Coward · · Score: 0

    When did playing on a game console become a need?

  69. There may be a bigger picture here... by TankSpanker04 · · Score: 1

    Just this morning I read a seemingly unrelated article in which the author, a former Motorola Mobility employee, theorized that a little talked-about possibility for Google wanting to buy MMI centers around set-top boxes.

    The Google/Motorola Deal is Done. What Now?
    http://www.informationweek.com/byte/news/personal-tech/smart-phones/240000845

    According to the article linked above, Motorola moved their "home" division, which includes set-top boxes which Motorola manufacturers, over to Motorola Mobility in an attempt to "sweeten the deal" for Google to buy it. If that assertion is correct then one can conclude that Google is the real entity that just got the ITC to impose a ban on the xBox.

    While this may look like another garden-variety patent battle I'll bet it has more to do with the upcoming TV battlefield that, rumor has it, already includes Apple and their yet-to-be-officially-announced AppleTV. The folks at Google appear to be well into their plans to compete with Apple (and Microsoft, which already has a set-top box in xBox).

    Silicon Valley is betting huge on TV content streaming and gaming.

    1. Re:There may be a bigger picture here... by DragonWriter · · Score: 1

      If that assertion is correct then one can conclude that Google is the real entity that just got the ITC to impose a ban on the xBox.

      There are many reasons why this is false, the most obvious being that no entity has gotten the ITC to impose a ban on the Xbox. Instead, an ITC Administrative Law Judge has made a recommendation to the ITC that if the ITC upholds that same judge's earlier determination that the Xbox violates several Motorola Mobility patents, then the ITC should impose certain remedies, including a ban on Xbox imports.
       

  70. Re:Ridiculous patent system by Anonymous Coward · · Score: 1

    That's SarcMark ® and if you try that again, well, get ready for your lawsuit, buddy!

  71. Re:Ridiculous patent system by Jeng · · Score: 3, Informative

    No, they get labeled as a shill when the account is made fresh just for the story. Their position on issues is secondary.

    --
    Don't know something? Look it up. Still don't know? Then ask.
  72. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 0

    take your hammer and sickle back to china you dirty zipperhead

  73. Re:Ridiculous patent system by icebike · · Score: 5, Interesting

    I think we're seeing some wide cracks in the patent system if a product can be produced right up to EOL before an import ban can be thrown at it.

    Looking at it rationally, how could it possibly work any other way?

    Given that there are patents, gazillions of them, how can you possibly read thru each and every on to find out if your new product might have run afoul of some clause in some obscure patent, especially when the language of those patents is purposely written to be vague and all inclusive? You would have to spend two years of patent lawyer time researching what it took you two months to breadboard up in the lab.

    These things are always going to be discovered after the fact.

    While developing your new gizmo, you only look at the obvious competitors. (Some avoid looking at all, due to the risk of idea pollution).

    Microsoft does not see Motorola as a competitor in game consoles, so they ignore them. Same for John Deere tractors. No game consoles. Ignore them.

    But then they make the mistake of trying to block Motorola phones, and Moto starts digging around in its bag of patents for a club to hit Microsoft with.
    Would Moto spend that time and money without the initial provocation? I'm guessing not.

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    Sig Battery depleted. Reverting to safe mode.
  74. Re:Ridiculous patent system by cpu6502 · · Score: 2

    >>> All PC users got all DLC for free. All XBox users had to pay for the DLC.

    If you want to make the argument "saving money" than the Xbox or any other console wins. A console costs about $200 plus tax. A gaming PC costs over 10 times that amount... plus frequent hardware updates (else the latest games won't work). Overall the gaming PC is a major eater of money, while a console is pretty cheap.

    I bought PS3 for $200 (sale price) plus $18 for each game (greatest hits price) and have about 50 of them. So... $1100. Less than what I would have spent on a gaming computer plus games plus new video cards. Plus the frustation of games that simply refuse to install.

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  75. Re:Ridiculous patent system by Hatta · · Score: 4, Insightful

    >>>False.

    Oh well, OK. I guess I was wrong then. Thanks for setting me straight. It's not like I've worked in biology for a decade or anything. It's not like I've taken medical pharmacology classes where they explained exactly who is responsible for what part of the drug discovery process. Nah, your simple assertion without evidence is all I need to change my mind.

    Oh hell, I have, and I know what I'm talking about. And it's easily verifiable if you go to the library and read a book or two about the pharmaceutical industry. The fact is the pharmaceutical industry contributes very little to the process, and pockets the vast majority of the profits. Deny this if you like, it only illustrates your ignorance.

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  76. Re:Ridiculous patent system by icebike · · Score: 1

    Do you really think it's a good ban to prevent all motorola android devices from being imported because they can be used to organize a meeting ? An eye for an eye, bitches.

    Exactly.

    Would Motorola spend all this time tearing down an XBox and comparing every tiny detail against each of their mountain of patents without provocation? Where is the business case for that? Pay the Motorola lawyers to prevent Microsoft from making a profit? How does that help Moto? Does it protect their game console business?

    Moto only sued because they were sued for offering a portable way of performing a perfectly normal business activity via electronic communications.

    Only when companies learn that they have more to lose than they have to gain will this silliness stop.

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    Sig Battery depleted. Reverting to safe mode.
  77. Just Pay Micro$oft by bobbied · · Score: 1

    Micro$oft just needs to pay up as the judge ruled to get their consoles out of customs or wait for the appeal and not have them in the market. If they don't want to pay in the future, simply remove the offending IP from any new consoles. It may not be profitable for Micro$oft's game console business, but it is what it is.

    My Guess is that Micro$soft will eventually pay up, but right now they are hoping to reduce the supply of units in the pipeline by slowing production. The game console business is not very profitable, so this may just hasten the end, but it will surely be cheaper to pay up and sell already built hardware than to just dump it into the trash.

    --
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    1. Re:Just Pay Micro$oft by Anonymous Coward · · Score: 0

      The mere fact that you're still using "Micro$oft" pretty much makes anything you say dismissable as a common shill's opinion.

    2. Re:Just Pay Micro$oft by Anonymous Coward · · Score: 0

      They could just not pay, wait for the appeal, lose, then pay. By then the price of XBoxes will be artifically doubled.

    3. Re:Just Pay Micro$oft by Anonymous Coward · · Score: 0

      Well, sure they need to pay up, but just how much does a judge cost these days?

  78. Re:Ridiculous patent system by hackula · · Score: 1

    Jesus, I hope you are trolling. ALL fundamental discoveries? I could swallow a "most", but only you are really only asking for one single counter example to be proven wrong??

  79. How is enforcing IP rights in our interest? by kawabago · · Score: 1

    Enforcing intellectual property rights means charging us more for the same thing, that is against our interests. It is in the interests of entrenched players, they benefit from IP rights but the public just gets hosed by them. If we did away with the patent system competition would keep technology advancing. There is always a better way to do something and always someone willing to do it. Open source software proves this point. The patent system needs to be abolished and patent lawyers rendered into Soylent Green.

  80. Re:Ridiculous patent system by nedlohs · · Score: 2

    Because someone is shitty person doesn't mean they are a shitty teacher.

    I had a creationist nutjob for a science teacher back in high school - we did the bare minimum for the evolution part of the curriculum, the read the text book while I twiddle my thumbs approach. However, he taught me mechanics and electromagnetism very well.

    And anyway are you sure she's doing a shitty job? Maybe that's exactly what her employer wants her to do?

  81. Re:Ridiculous patent system by cpu6502 · · Score: 1

    "- 1 This moderator disagrees."

    Gee thanks. But I'm not changing my opinion just because you punish me with a -1 whipping. Sorry mod.

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  82. Re:Ridiculous patent system by Necreia · · Score: 1

    Seriously, why would anyone play games on a console anymore? You can do so much more to your games on the PC.

    That wasn't directed at me, but here are my reasons:
    1) I don't want to have to dual boot so that I can play AAA games. It saves me a Windows license, the hard drive space, the annoyance of multi-booting, etc.
    2) Being able to just sit down on the couch with a beer, pop in a game, and play it lounging back without having a keyboard/mouse spread is relaxing. I do love playing PC games as well, but sometimes I just want to be sprawled. If I played competitively, I'd probably only play on PC.
    3) I'm growing older and don't have the time or energy to upgrade my hardware in bits. I'd rather buy a new console for a few hundred dollars every 5-7 years instead of component upgrades every 0.5-1 years.

    It also helps that my gaming isn't mostly twitch-shooters. If it was, that would also change how I probably played games.

  83. Cold War by hackula · · Score: 1

    It's like MAD where both sides just say "eh, fuck it".

    1. Re:Cold War by shutdown+-p+now · · Score: 2

      The obvious difference between Cold War and this is that here, everyone rather seems to say things like "take THAT! now how do you like it, bitch?", with no end in sight. Presumably because patent lawsuits aren't up to the level of mutual assured destruction yet, at least for the major players.

  84. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    yes lets just hand Sony a monopoly...

  85. Re:Ridiculous patent system by interkin3tic · · Score: 3, Interesting

    I think the point mozumder was trying to make is that a lot of basic research is funded by government grants. Corporations are very happy to throw money at a discovery that seems likely to produce more money immediately, but are generally loath to spend money on discoveries that are not directly something they can sell.

    An example Carl Sagan brought up is Maxwell's equations on electromagnetic fields. Extremely important to radar, television, cell phones, and a million other major technologies today. His equations are fundamental to trillions and trillions of dollars in profits today. But the equations themselves are just knowledge and wouldn't turn a profit directly. In today's climate, Maxwell would be funded by grants from the government, corporations would be unlikely to fund him.

  86. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 0

    Anyone who's ever taken an economics coarse has figured that out. They however have also probably figured out that the next epiphany is that if everyone is working for the common good except one selfish bastard who is out for himself, the selfish bastard wins at the expense of everyone else.

    The day we solve that problem is the day we can declared victory on basically all of society's problems excepting a few edge cases like disease and the irreversibly of entropy.

  87. Re:Ridiculous patent system by icebike · · Score: 1

    Everybody talks about fixing the patent law like its something you get get passed overnight.

    I can't imagine a single thing congress could pass that would solve the problem in any reasonable time frame.

    Shorten new patent terms? Results is more patent filings. (Take old patent, tweak it yearly, file new patent). Does nothing for those already issued.
    Ex post facto shorten existing patent terms? Huge "taking" fight.
    Kill off entire types of patents? Kill off Business Process patents, and the cockroaches wrap it in hardware or software and call it something else.
    Expand the trivial and obvious test? That hasn't been successful for two hundred years, what could change it now?

    I doubt Congress could ever accomplish anything in this regard with every lobbyist in the country pouring money into pockets.
    But if you have any ideas, I'd love to hear them.

    --
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  88. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Gee thanks. But I'm not changing my opinion just because you punish me with a -1 whipping. Sorry mod.

    Considering how you still don't get it (or are intentionally feigning ignorance), I don't expect you ever will change, Mr Troll64.

  89. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Well, the late 90's/early 2000's was when PCs were going through some major changes: 95 started the transition out of the old DOS prompt, gaming in general was transitioning to 3D, game engines and graphic cards starting off as "serious business", so there were lots of bugs and issues to work out.

    PC gaming back then was being on the cutting edge, so yea you needed to upgrade every couple of years to keep up. Before, it was a 1337 thing to be able to play FPSes online against foul mouthed 12 year olds! /tongueincheek

    Nowadays things are more developed and stable. The difference between PC and console gaming is getting smaller... so now you can play yet-another-FPS online against foul mouthed 12 year olds on any system! /tongueincheek

  90. Re:Ridiculous patent system by vux984 · · Score: 1

    It's ridiculous.

    Yes it certainly is, but Microsoft shot first.

    Banning Xbox360 will do serious damage

    Car accidents will increase? Patients will go untreated? Soldiers won't get supplies?

    Oh... bored 20 and 30-somethings won't get to play supersoldier and pretend to kill aliens, gods, and each other? Serious damage indeed!

    If you want to play any current generation AAA games, then your choice is Sony's PS3

    Or they could always buy a PC...It could even run Microsoft Windows, and be controlled with an Xbox game controller.

  91. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 1

    (This is not an endorsement of "socialism" or "communism" or anything like that, or even a criticism of competition. [...])

    It's quite telling that you need to add this to your comment, as if promoting cooperation over competition was somehow un-American (I'm assuming you're from the US).

  92. Hoist on their own IP petard! by nani+popoki · · Score: 2

    As the saying goes, "Those who live by the sword die by the sword".

  93. Re:Ridiculous patent system by Ruie · · Score: 1

    No, all fundamental discoveries are made by government. Commercial entities have never invented anything.

    That is because profit is incompatible with social benefit.

    We need to encourage more funding from government through taxation of corporation. Let's give government more control over corporations.

    There are intermediate entities like old AT&T labs where invented transistor was invented. Note that because AT&T was a monopoly the patent was licensed for only a nominal fee. If it was a pure commercial company expect the computer revolution delayed by a decade.

  94. Re:Ridiculous patent system by jythie · · Score: 2

    Keep in mind that Universities, one of the biggest centers of innovation (often government funded), tend to have massive patent portfolios. They license them out to companies and that in turn funds more fundamental research. So if we killed the system completely we would also have to restructure how basic research is done... which would probably be a good, thing.. just pointing out that corporations are not the only ones utilizing this system.

  95. Re:Patents: the nuclear weapon of the corporate wa by Bigby · · Score: 1

    Is that like playing Risk where no one attacks each other? Of course it yields many many more armies and everyone lives in harmony. But it is completely uninteresting and lacks creativity. May as well live without possessions like a Franciscan.

  96. Keep up the good work by Anonymous Coward · · Score: 0

    Maybe when enough shit is banned and enough people are forced to pay insane sums of money on captain obvious's bullshit enough of us will have had enough that something meaningful actually gets done about insane, unfair and illogical legal regimes...enough to overcome lobbies who prefer stagnation, lockin and lack of competition.

    Nintendo and PS3 have got to be infringing on something...come on trolls do your worst. Someone has got to have patented the act of talking into a portable sheet of glass and plastic all phone imports and exports must be banned. Everyone using any electronic device is guilty of infringing on something.

  97. Re:Ridiculous patent system by thomasw_lrd · · Score: 2

    Oblig The Oatmeal comic

    http://theoatmeal.com/comics/tesla

  98. Re:Ridiculous patent system by jythie · · Score: 4, Insightful

    I am guessing you have never worked in R&D. It is not quite as extreme as Hatta indicates, but a great deal of the heavy lifting in drug research is indeed done by government funded entities, with the liability and market centric tasks done by the drug companies.

    Generally people don't go into research because of a 'profit motive'. Research jobs do not pay all that well, esp the ones on the 'heavy lifting' side of thing, so they tend to be staffed by people who are motived through doing good research and building reputation.

    Not sure what a video about some jerk has to do with anything.

  99. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    1. Nintendo
    2. Someone may argue the case of PCs, tablets, smartphones, etc. knocks Sony from being a monopoly on it as well (although that is clearly arguable).

  100. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Edison wasn't an inventor. He built upon the work of 22 other people and still couldn't perfect the lightbulb nor DC energy without the help of Nikola Tesla. Edison was a greedy ass CEO. Huge difference.

  101. The whole point of MAD by voss · · Score: 1

    (MAD= Mutually Assured Destruction)

    was that noone was actually supposed to pull the trigger!!!

    DOH!

  102. Re:Ridiculous patent system by jythie · · Score: 1

    If I recall correctly, tech companies, including Microsoft, DID lobby for patent reform. Unfortunately the reforms they asked for were only given to the banking industry.

    Sadly there is a bit of game theory here.. every company wants everyone else to play nice and back down, but will get the best return if they don't, so you end up with these arms races since no one wants to 'loose'.

  103. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 0

    Your end comment is exactly what made Apple so successful. No one at Apple (not even Jobs) ever really expected Apple to crush their competitors and become "top dog". Jobs wanted to create the best products they could and attract the few customers who appreciated that quality and were willing to pay a little bit more to get it. That was the plan anyhow. Of course now that they are the corporate behemoth that they have become, they are playing the same game as everyone else, and that I fear will lead to their eventual doom.

  104. The only thing I have to say is... by Anonymous Coward · · Score: 0

    ...fuck you Motorola. I'm never buying another piece of shit product of yours. And I will make sure nobody I know does. Fucking losers.

  105. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 0

    M.U.L.E. is a little different than RISK, it's more like a farming game.

    Players can specialize, and decide to produce food, or only electricity, or other goods, then trade them on the market. There are geographic features that improve certain types of actions in each territory, and assignment is semi-roulette, so if you specialize in things your territory is good for you depend on others to survive (by getting things you need during the trading phases), but can be a lot more productive. At the end the game reports both individual and combined scores. At my house we got "The Colony was a Success" a couple times.

  106. Re:Ridiculous patent system by shutdown+-p+now · · Score: 1

    Do you really think it's a good ban to prevent all motorola android devices from being imported because they can be used to organize a meeting

    Well, from an economic impact point of view, I bet that having fewer meetings organized would result in a vast improvement in productivity, and so society as a whole benefits, so yeah - sounds like a plan. I do hope that Motorola also has a (different) patent on meetings, though, so that it can prevent importation of WP7 phones - then we're good.

  107. Re:Ridiculous patent system by ericloewe · · Score: 1

    Next you'll tell me that the solution to the world's problems is communism...

    I could start listing stuff invented by individuals. I could do the same for "commercial entities".

    I'll just name one each: Edison's lightbulb and transistors.

  108. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 0

    The subsequent epiphany is that an entire society working together for the common good will pretty easily curb stomp the one selfish bastard who tries to run it for their own personal gain.

  109. Re:Ridiculous patent system by amorsen · · Score: 1

    Edison's lightbulb is a really bad example. Edison took something which was already working in a lab (wire emitting light when you send electricity through it) and made it actually useful. Before Edison it was a scientific curiousity.

    That is not fundamental research, it is directed product development.

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  110. Re:Ridiculous patent system by greap · · Score: 1

    Er who does drug research?

    The idea that corporations shy away from long term research is simply absurd, they fund long term/blue sky research all the time.

  111. Re:Ridiculous patent system by History's+Coming+To · · Score: 4, Interesting

    The British NHS has been a state-funded venture from the start (although there is currently legislation in place to change this) so the doctors do not gain/lose anything through profit motive, their general motivation to do their job is the Hypocratic oath and general ethical outlook. Suggesting all doctors are driven by profit seems to be a bit insulting to the profession. Hell, even lawyers do pro bono work, and they're the ones I'd classify as "profit driven" if anyone.

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  112. Re:Ridiculous patent system by Mia'cova · · Score: 1

    If you're trying to make a case against socialized medicine, keep in mind that most countries do provide financial incentives to do better. Eg they get a bonus for convincing someone to stop smoking. In the US, the medical industry would seem to benefit (make money) from smokers.

  113. Re:Ridiculous patent system by mcgrew · · Score: 1

    "This isn't an argument!"
    "Yes it is."
    "No it isn't."

  114. Re:Ridiculous patent system by Ruie · · Score: 1

    Edison's lightbulb is a really bad example. Edison took something which was already working in a lab (wire emitting light when you send electricity through it) and made it actually useful. Before Edison it was a scientific curiousity.

    That is not fundamental research, it is directed product development.

    Since we are on the topic, I once chanced on an issue of "Review of Scientific Instruments" from around 1900s. I was amazed by lots of articles on many ingenious devices based on transformers, vacuum bulbs and many unlike anything I heard before. Nowadays we look back and think "Lightbulb, Fleming valve, Multiphase motor" but there was a lot of research..

  115. Re:Ridiculous patent system by KlomDark · · Score: 1

    It's "Da Tree Zix Oh" around these parts, yo.

  116. Re:Ridiculous patent system by digitalsolo · · Score: 1

    I actually work for a hospital system and we back huge campaigns against smoking (which is not allowed on any of our campuses) as well as texting and driving. Arguably both are "good for business".

    To be fair, we're also not-for-profit, but are one of the larger not-for-profits in the region (by region, I mean 1/4 of the US).

    --
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  117. Re:Ridiculous patent system by Ruie · · Score: 3, Interesting

    Keep in mind that Universities, one of the biggest centers of innovation (often government funded), tend to have massive patent portfolios. They license them out to companies and that in turn funds more fundamental research^W^W^W bigger stadium. So if we killed the system completely we would also have to restructure how basic research is done... which would probably be a good, thing.. just pointing out that corporations are not the only ones utilizing this system.

    FTFY. Sorry..

  118. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 0

    "focus too much on little-picture, selfish goals instead of big-picture ones"

    And who gets to define the "big picture" - Hitler had a big picture, so did Stalin and the list goes on and on.... These things never work and looks like we never learn from it.... Nothing beats a society where each individual can decide for themselves what is important and what is not...

  119. Re:Ridiculous patent system by neros1x · · Score: 1

    Yeah, I think this was just a "oh, you want to block our phones? We'll block your console then, Nyah."

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  120. IP Patents & MAD assure the end of Capitalism by tekrat · · Score: 1

    Capitalism is based on competition.

    But if EVERYTHING is patented, trademarked, copyrighted, so that it's impossible to even make any kind of product without infringing on something, then Capitalism is OVER. Because everything will be held eventually by one company, and that company will have a monopoly on EVERYTHING, and therefore will also control the government. End Game == Fascism.

    For the good of Democracy in a Capitalist society, IP "laws" must end.

    --
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  121. Re:Ridiculous patent system by neros1x · · Score: 1

    I'm also a PC gamer, but all three of those are good reasons to get a console instead. PC gaming has become far more user friendly, but I still have weird driver problems and odd crashes that aren't related to the game itself. The cost factor doesn't really apply anymore. Most of the games that come out will play fine on older hardware, at lower settings, and my $650 Acer Laptop didn't cost much more than the PS3 on launch. Plus, it's a laptop, and far more useful than the PS3. I think number 3 is the motherfucker. A child can shop for PS3 games, but you kinda have to know a little bit about your system to be a regular PC gamer. Hopefully services like OnLive will change this.

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  122. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Every time PC vs consoles topic comes up, this non-argument is trotted out and it doesn't become any more true from repetition.

    Honestly, I don't remember what was PC prices like 6 years ago when XBox 360 and PS 3 came out (and PS3's price was $599 back then), but I bought my current PC 3 years ago, it cost me $350 and it runs "latest games" (last was Skyrim) just fine on maximal/near maximal settings and 1440x900 resolution.

    As "latest games" specs are aimed at those 6 year old consoles, you don't need $2000 PC to play latest games unless you want to show off and play them on huge monitor in 2560x1600 resolution with all graphics settings maxed out (which consoles just can't do, look for Crysis PC vs Crysis XBox comparison, for example). If you're playing in console resolutions and console quality, you can buy a new PC enough for that for $300-400, and for $200 on sale you can get something more powerful than PS3 already.

  123. Re:Patents: the nuclear weapon of the corporate wa by neros1x · · Score: 1

    There is nothing more cooperatively competitive than open source, and I don't think anyone would accuse Red Hat of being communist. Some of us are just waiting for the rest of the world to catch up.

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  124. Re:Ridiculous patent system by sourcerror · · Score: 1

    All you need for PC gaming is a $50 video card. The rest of the machine doesn't cost extra because you'd have machine for browsing web and for work anyway.

  125. Re:Ridiculous patent system by Kalriath · · Score: 3, Informative

    You only think it would be like that because you've been brainwashed by your corporations. Those of us who live in countries where the doctors and hospitals are government owned and operated know for a fact that your statement is patently absurd. Our doctors and hospitals do strive to do their best, despite the sole financial motive being "not making a loss".

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  126. Re:Ridiculous patent system by reve_etrange · · Score: 1

    I've even heard people in the industry say "biology is pointless" because modifying existing drugs is so much cheaper than target discovery.

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  127. Re:Ridiculous patent system by ZombieBraintrust · · Score: 1

    Only a moron would spell out "threesixty" is what I got from it. Perfectly fine to drop the word XBox. People understand what your saying. Spelling out numbers that way is dumb. Still dumb if you wrote "three hundred and sixty."

  128. spelling out numbers by ZombieBraintrust · · Score: 1

    I don't hear comments on slashdot. I read them. "threesixty" is dumb. Write "360", "XBox", or "XBox 360".

  129. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 0

    Risk is really bad example. And if you're comparing Risk to life you need to A) go outside and smell the flowers and see how many billions of different things there are out there and B) not have a one track mind. MULE is a lot more complex than Risk. So is life. You can pick up risk when your 6 years old.

  130. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 0

    Follow up: your also comparing playing Unreal Tournament and doing nothing - to playing Civilization 4 and trying to win through diplomacy or the space race.

  131. Re:Ridiculous patent system by Anonymous Coward · · Score: 1

    It is flawed to think that Einstein is any more valuable then the kid that volunteers to mow his lawn on sunday. You would have neither the food or social structure to support an Einstien, and the kid would always live in poverty. The problem is, capitalism and liaze faire has been corrupted to be a "Only big corporations" only zone. Therefore cutting out any individual upward mobility or penetration into the markets, and also eliminating many small free markets and creating one big controlled one.

    There is also a structure of fear, and the need to control that which is not of your class, race, or religion. That needs to be surmounted before we can respect, recognize, and share with each-other.

    Its a very Star Trekkian thing... the guy who dies in the jefferies tube who saves the ship is no more or less important then the captain giving the orders on a bridge. Society as a whole has become a polarized, us vs them. The guys on the bridge are so afraid of dieing from lack, they have cut off all the life support and oxygen to that level, therefore loosing the ship. Though they don't see it that way....

  132. Re:Ridiculous patent system by lgw · · Score: 1

    I'm sure almost everyone working in the public sector agrees that taking more of my money and giving it to the public sector is the right answer, not matter what the question is. You know what? Fuck them all, each and every one.

    The public sector almost never creates products. Open ended research is nice, but is not sufficient to deliver any actual increase in quality of life. Plus, there's never been a nation or culture where rapid technological advancement came from the government. The industrial revolution, and all the progress in its waqke, has come from the profit motive. Evil evil profits, making life better for you and I.

    --
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  133. Re:Ridiculous patent system by JAlexoi · · Score: 1

    This should be enforced. And Microsoft has to tell people WHY it's being enforced... Maybe then some politician's kids will complain to their parents and something will be done.

  134. Re:Ridiculous patent system by sl3xd · · Score: 1

    Let's not forget that the patent system doesn't just cover electrical & programming tech.

    It also covers chemical, pharma, materials, manufacturing, physical machines, etc.

    It's a mess having one patent system to cover everything under the sun.

    The problem is that there would be an even bigger mess if there were different rules and multiple categories.

    Patents do have a useful purpose, even today. It does provide incentive to do long-term R&D.

    The problems I see:
    1.) Corporate Arrogance:
              - Patent licenses are often far more expensive than they are worth.
              - Companies decide it's cheaper to litigate than to license - and as often as not, they are right.
              - "A good is worth exactly what its buyer is willing to pay" - when a federal patent lawsuit is the cheaper option for your customers, your good is overpriced.
    2.) Parts of the law are written in a way that encourage lawsuits:
        - There's no incentive to find out what other companies have patented; in fact, you are penalized for it. I understand the reasons why it's written that way, though.
    3.) The patentability bar is too low.

    Patents are generally seen as a good thing - they provide incentive for long-term R&D. It's not as apparent in the computer industry, but it is in others.

    The problem is writing an effective law is not easy - it's harder than writing code that's completely free of bugs and security holes. The difference is there's tremendous pressure to just leave the bugs in place. "it worked in the past! It can't be wrong!" (i.e. the fallacy that nothing ever changes, and laws can't/shouldn't be changed.)

    --
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  135. Re:Ridiculous patent system by lgw · · Score: 1

    PC gaming has changed a bit from the crap 15 years ago that you're still hung up on. Stuff on Steam "just works" to the extent it ever did in any environment. I've been burned before on classic games that dont work on Windows 7, but there's usually a warning about that somewhere on the game sales page (and those games cost less than $5, so I don't much care). Recent titles are just download-and-run. MMO clients "just work" too - never had a problem with any of them.

    A gaming PC that can run recent games at console resolutions wil ocust less than $1000, and will last as long as the console generation (as most PC games also run on the current console these days, you don't need to upgrade your PC unless you want new graphics bling).

    --
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  136. Re:Ridiculous patent system by JAlexoi · · Score: 2

    And profit motive is what makes a doctor or hospital desire to do a better job (and draw customers away from the competition). If the profit motive did not exist and they knew they would get paid anyway, even if they did a shitty job, then they'd be like government-employed teachers.

    Actually heir motive is not doing a better job, heir motive is making sure your HMO gets billed as much or as little as possible(depending on the allegiance of said hospital to your HMO). If you want an example of an actual profit motive, then look at parts of medicine that is not covered by health insurance - plastic surgery is probably the only one. Otherwise, doctors in hospitals are already those bureaucracy employed people, just like teachers.

  137. Re:Ridiculous patent system by cpu6502 · · Score: 1

    You do realize when you censor my post and make it invisible with a -1 Mod, I'll just repost it right? I am entitled to hold an opinion even if you disagree with it

    ANSWER: Because trying to make a game work on a PC is an exercise in frustration. I quit PC gaming in the late 90s when I couldn't make several games install without getting errors (or else they installed but kept crashing). It wasn't like the old days of the Atari or Commodore or Amiga gaming when the game *just worked* straight out of the box.

    Wintel PC gaming sucks. It is an exercise in banging your head against the desk out of frustration that the damn game won't work. I prefer the plug-and-play ease of my old PCs (Atari, Commodore, etc) and modern day consoles. So do most customers which is why console games sell millions of copies, while PC games barely sell a few thousand.

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  138. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    ANYWAY you could have cited some examples where only government provides us with new drugs..... but you didn't. So you did not prove your claim.

    And yet you expect us to just accept your word on a variety of issues without citations...

  139. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Funny how everyone making the point you are making are either brand-new users or ACs.

  140. Re:IP Patents & MAD assure the end of Capitali by Myu · · Score: 1

    End Game == Fascism.

    The End-game of capitalism is Fascism anyway. By reducing political involvement to voting as a form of consumer confidence, people become used to the idea that Government is something that is provided for you, rather than something you have to actively participate in and contribute to. Whether the existing public sector evolves to adapt, or whether it gets surpassed by the private sector providing the infrastructure requirements, in the end, taxation becomes payment for services, the public sector adopts corporate hierarchy structures that retain people with "success-first" mentalities, and ideology becomes driven by factors that the markets take to be essential values.

    That's not an argument against dropping IP laws. But what's the driving reason? If you're worried that it's a block to Free Capitalism, then you're right to be worried, but wrong to think IP has anything to do with it.

    --
    Myu: ... The map's upside down...
  141. Re:Ridiculous patent system by mister_playboy · · Score: 1

    But I'm not changing my opinion just because you punish me with a -1 whipping. Sorry mod.

    You may not change your opinion, but if you get enough "-1 whippings" you will change your username, isn't that right?

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  142. Re:Ridiculous patent system by Tough+Love · · Score: 1

    The technical term is "what goes around, comes around".

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  143. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    s/bribe/instruct/

  144. Re:Ridiculous patent system by redneckmother · · Score: 2

    Er who does drug research?

    May I volunteer?

  145. Re:Patents: the nuclear weapon of the corporate wa by CityZen · · Score: 1

    In general, to foster cooperation, you need some ideals that the great majority agree upon. Your examples are quite the opposite.

    At the same time, though, the majority of people can be real dumb asses. So perhaps things ought to be decided by a majority of people who have enough education to know what they're talking about. Of course, everyone should be able to get educated.

    But as far as what "needs" to be decided - that's where we need to be careful. I'm all for preserving freedoms and such, but as life plainly shows, there are lots of messy issues. Regarding the issue at hand: How should inventors be compensated? Or artists, writers, and other creative folks? How could we encourage people to make *more* use of previous work, rather than less?

    The original systems that were put in place for these things (patents, copyrights, etc) are being co-opted more and more as simply tools for corporations to benefit financially from the public while doing less and less work. They're addicted to their "revenue streams", and they keep going back to the government to make them bigger and last longer. The government set these things up as a balancing act between the creators and the common good, but the balance has been lost (taken).

    I'm doing too much pondering on an empty stomach...

  146. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    This is especially interesting in light of the Google acquisition. It sure looks like an MS move to cockblock Google.

  147. Re:Ridiculous patent system by fferreres · · Score: 1

    PC games are orders of magnitude cheaper and you only need one computer with a good video card. The only thing consoles add is practicality, a consistent interface and some exclusives. A console will be limited by it's current video card. You can upgrade the one on your PC very very easily and very cheaply.

    Now, I only play occasionally on my iPhone. I no longer feel any need to sit where my console dictates it to me, and $7 for the most expensive game (like Infinity Blade II) is much better than $70. The fact that some are shorter than console versions is also a plus for me.

    --
    unfinished: (adj.)
  148. Re:Ridiculous patent system by Xtifr · · Score: 1

    Add in another $100 or so for a Windows license, at least in my case. And then, if you're going to connect it to the internet, you're probably going to need a bunch of security software as well. (Certainly I would, as I have no idea how to secure Windows. I haven't used an MS product since '97.)

  149. Re:Ridiculous patent system by symbolset · · Score: 1

    They're going for a block on Windows too in Germany. I wonder if they could get the ITC to stand for that one. Now THAT would be interesting.

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  150. Re:Ridiculous patent system by symbolset · · Score: 1

    Now that they're part of Google they can leverage some awesome search engine technology, some offshore human resources and huge Google money to reverse engineer every Microsoft, Apple and Oracle product to inspect against 24,000 patents. And then spin out infringement lawsuit bundles to little IP startups for enforcement. Turn it into a profit center. That should be fun.

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  151. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Whoosh.

  152. Re:Ridiculous patent system by symbolset · · Score: 1

    Motorola Mobility is the part of Motorola that got the 17,000 patents and 6,500 pending patent applications.

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  153. Re:Ridiculous patent system by symbolset · · Score: 1

    The easy way to secure a Windows box it to turn it off. For extra safety, immerse it in salt water as well. For the maximum in security, immerse it in the salt water first and then turn it off.

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  154. Re:Ridiculous patent system by symbolset · · Score: 1

    I'm wondering what this will do to the cases in (California?) and Germany. I had heard the US court had put a hold on enforcement of a similar ban on XBox in Germany. With a US Court having the same findings I wonder if the German ban will now be allowed to proceed.

    Great week for Google anyway.

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  155. Re:Patents: the nuclear weapon of the corporate wa by nnull · · Score: 1

    There's a lot of cooperation in a free market society, or else you wouldn't even have half the things you have right now, nor would you be here replying to a message. Just look at how many companies are involved to build an airplane, car or machines, quite a lot of different companies working cooperatively for the better good and of course more profit. This is just plain dirty fighting between one technology company vs. the other.

  156. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 0

    I think you illustrate perfectly fine that basic logic is challenging enough for you, how about getting on with the wars after you grasp it?

    p.s.>

    because risk, by nature of its ruleset, only allows for creativity / interesting situations when you wage war. life on the other hand.

  157. Re:Patents: the nuclear weapon of the corporate wa by Anonymous Coward · · Score: 0

    If you restrict the market algorithm in the way you suggest, you do not get a better result. Humans aren't wired to predict the actions of other humans who act with certain arbitrary, subjective morals. They are wired to assume a kind of pseudorationality. This works much better for distribution of labour.

  158. Re:Ridiculous patent system by Asic+Eng · · Score: 1

    I don't see how that could work. Usually patents are submitted on the basis of source code which you've already written, but regardless: it's way easier for a programmer to write software than to write a legal document. I don't think that would add a significant hurdle for patent submissions.

    What role would the example code have? If the patent scope is limited to the function of that code, that's basically reducing the patent to copyright. Someone could extract the general algorithm and write their own version. If the patent claims list still determines the scope of the patent - and the code is just one possible implementation - then adding that code makes no difference, you'd be in the same position as today.

  159. Re:Patents: the nuclear weapon of the corporate wa by KozmoStevnNaut · · Score: 1

    (This is not an endorsement of "socialism" or "communism" or anything like that, or even a criticism of competition. It's just a note that we tend to focus too much on little-picture, selfish goals instead of big-picture ones. Compete to make the best thing, rather than compete to kill the competition.)

    Well, you may not want to endorse socialism, but I sure as hell will.

    Marxism and Socialism and Communism should not be treated as dirty words. They are valid, well thought out and highly viable ways to run a country and an economy.

    There is a hell of a lot or knee-jerk reactions whenever either of those three words are used, which tends to derail any discussion into an irrational mess of name-calling and idiocy.

    Everyone should read Das Kapital (the Penguin classics edition is what I have, it's very nice). Karl Marx was a visionary and a hero to workers everywhere. It is such a shame that his philosophies have been appropriated by power-hungry tyrants and twisted into something Marx never intended.

    --
    Eat the rich.
  160. Re:Ridiculous patent system by Rainbowdash · · Score: 0

    Hello there AC, this is the internet and you must be very new here. I'm happy to see that you've finally gotten a computer and an internet connection, the big question is how you have found /. and not the oatmeal.

  161. Let us play your game with real-life friends by tepples · · Score: 1

    Or they could always buy a PC...It could even run Microsoft Windows, and be controlled with an Xbox game controller.

    Much noise has been made about Xbox 360 and PS3 games' multiplayer modes going online-only as opposed to split- or otherwise shared-screen. But PC games are even less likely than Xbox 360 games to support even two players on one machine.

    1. Re:Let us play your game with real-life friends by vux984 · · Score: 1

      Much noise has been made about Xbox 360 and PS3 games' multiplayer modes going online-only as opposed to split- or otherwise shared-screen. But PC games are even less likely than Xbox 360 games to support even two players on one machine.

      I fail see the issue. If people wanted shared/split screen gaming they were pretty much already using the Wii. The xbox import ban and the availability of the PC as a substitute really doesn't bear much on that.

      I guess you could argue that a Wii import ban leaves consumers with no alternatives in a very real sense... but the Wii isn't facing an import ban... today.

  162. No spawn installation anymore by tepples · · Score: 1

    Every time PC vs consoles topic comes up, this non-argument is trotted out and it doesn't become any more true from repetition.

    You say your gaming PC cost you $350. How much did gaming PCs for other members of the same household cost, and with the demise of spawn installation, how much did extra copies of those games cost? Though one can plug two to four gamepads into a PC, almost no mainstream games take advantage of it.

  163. Magnitude, multiplayer, laptops, iPhone by tepples · · Score: 1

    PC games are orders of magnitude cheaper

    Really? One order of magnitude is a factor of ten; two are a factor of 100. Perhaps if you include Flash or JavaScript games or the old freeware on LiberatedGames, the average PC game is less than 1/100 the price of the average console game.

    and you only need one computer

    What PC games do you recommend that support multiple gamepads on one computer?

    A console will be limited by it's current video card. You can upgrade the one on your PC very very easily and very cheaply.

    How do I upgrade the video card in the majority of laptops? Otherwise, someone for whom "your PC" means a laptop must first buy a desktop PC.

    Now, I only play occasionally on my iPhone.

    An unlocked iPhone costs more than $600, which will buy two Xbox 360 consoles with hard drives.

  164. Video card upgrade for a laptop by tepples · · Score: 1

    The rest of the machine doesn't cost extra because you'd have machine for browsing web and for work anyway.

    I'm using my Dell laptop for browsing web. Where do I plug in the $50 video card? Or should I be buying a new laptop anyway because it's due for a 2-year battery replacement?

  165. Re:Ridiculous patent system by tepples · · Score: 1

    What's so wrong with a username that references the CPU in the Apple II, Commodore 64, Atari 800, and other classic home computers where games "just worked"?

  166. Sit on the couch and play a PC game by tepples · · Score: 1

    Being able to just sit down on the couch with a beer, pop in a game, and play it lounging back without having a keyboard/mouse spread is relaxing. I do love playing PC games as well, but sometimes I just want to be sprawled.

    PROTIP: Several PC games support gamepads as well, and for games that aren't in genres known for precise mouse twitching, you can use a USB gamepad to emulate a keyboard. All HDTVs from the past five years have an HDMI input that works with the DVI-D or HDMI output on your PCs, and most also have a VGA input.

  167. Re:Ridiculous patent system by gbjbaanb · · Score: 1

    well, I was thinking of something more concrete than a snippet of pseudocode. Amazon wouldn't get it's 1-click patent passed if they showed how obvious it really was, nor would Apple get its slide-to-unlock patented for everything. They could get their implementation, but that shouldn't stop anyone else coming up with a different way of sliding a graphic - now you may argue that the sliding graphic is the patent and that's what occurs today, but I'd say that implementation is what gets patented so you could come up with something else that uses a slider and bypasses most of the patent problems.

    I'm not saying its a perfect solution, but while business requires patents, we're not going to get round the problem of vague and broad patents, especially those that are stupid but because they have "on a mobile device", or "on the internet" tagged on the end they get patented. (the reason is that 'on a mobile device' means 'requires complex and patentable work to implement' and thus becomes eligible for patenting - I understand the supreme court are to look at the ways these vague ideas get tied to implementations and might stop them happening - in which case my idea of working software isn't too far off a solution)

  168. Re:Ridiculous patent system by Impy+the+Impiuos+Imp · · Score: 1

    Well I like the bit about keeping it going to "serve the public interest". If these were heart/lung machines, they may have a point.

    But nothing is less necessary than entertainment luxuries.

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    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  169. Re:Ridiculous patent system by PhxBlue · · Score: 1

    YHBT.

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  170. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Oh I know cpu6502 is a troll.

  171. Re:Ridiculous patent system by cpu6502 · · Score: 1

    >>>pharmacology classes where they explained exactly who is responsible for what part of the drug discovery process

    Yeah I'm sure the liberal professors really told you the truth (not). Just as they claim 100% socialism is the answer to all our problems. Professors have opinions, but if those opinions are not backed by anything, then they are worthless. You could have cited some examples where only government provides us with new drugs..... but you didn't. So you did not prove your claim.

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  172. Re:Ridiculous patent system by cpu6502 · · Score: 1

    >>>PC games are orders of magnitude cheaper and you only need one computer with a good video card

    My $250 Win7 PC doesn't run the latest games. It doesn't even play HD video at proper speed (480p is the best it can do). On the other hand my PS3 does play the latest games. I'll continue using the PS3 (and Nintendo wii) for my entertainment.

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  173. Re:Ridiculous patent system by man_the_king · · Score: 1

    The 360 is a good console. It's not that bad. Calling people moron cause they use the 360 doesn't make sense if you ask me. It has a good gaming library, good graphics and good sound (7.1 if my memory serves me right ? idk, i don't own one). What's bad about it or why are people morons ?

    Actually, as far as I remember, 360 supports upto 5.1 in surround sound, and so far has only used Dolby Digital.
    The PS3 supports upto 7.1 audio and Dolby Digital, DTS, has Dolby TrueHD and DTS-HD Master audio support, and 7.1 PCM.

  174. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    Please please please, representative of Mega-Corp "X" - read the above post and stop the madness!

    If only we could all just get along.

    How many millions wasted on litigation associated with IP law? A new system, or at least a major overhaul is needed.

    Why can someone claim to patent "a method for scheduling a meeting?" It makes no sense to me, your Mega-Corp "X" will still make profit (maybe even MORE profit!) from a more streamlined patent system. Stop fighting each other, and start combining resources to research the next big thing, we have been stagnating while these costly legal battles have played out. Enough!

  175. Re:Ridiculous patent system by Anonymous Coward · · Score: 0

    FYI, they didn't have control until yesterday, they were making some very strong suggestions prior to that. As in, "gee if I owned the company, I'd certainly value managers that did X".

  176. Re:Ridiculous patent system by neros1x · · Score: 1

    Securing Windows is dirt cheap. Activate its built-in firewall, and download AVG free, Malwarebytes, and Spybot. I've been running Windows machines for 10 years, never paid a dime for security software, and I've never had a serious malware infestation.

    --
    The penguin made me do it.