Isn't there pretty strong case law against copyrighting APIs? It strikes me that there's not a whole lot to appeal here.
No, there isn't. That's the whole point. The judge made some new law. Now it's been appealed to the Federal Circuit. Once the Federal Circuit rules, we'll have some law on whether APIs are protected by copyright.
While it seems really pedantic, it makes all the difference to police and lawyers. A robbery is a theft that also involves an element of assault (you were physically threatened or physically harmed in the course of the theft). Burglary is just a theft that involves breaking into a home or a car. A person who is robbed is usually much more traumatized than a person who is burglarized, and sentencing reflects that. Assault can carry penalties as stiff as lesser murder charges or manslaughter.
Oh, we're just as screwed. Maybe not as quickly because we haven't embraced socialism as whole-heartedly as Europe. But our reckless spending will soon catch up to us too.
I'm all for helping people out. In fact, I am a deeply religious person and I believe we have a God-given responsibility to help each other. But heavy taxation, deficit spending and government entitlements are the wrong way to do it.
Or as Stephen Colbert famously put it, "Reality has a well-known liberal bias!"
As we see from the resounding success of social policy in Europe, where every country has coffers full of tax revenues and a vibrant, healthy workforce to support the millions upon millions of pensions.
I hereby Godwin this thread on your comparison of Natalie Portman to Adolf Hitler. And what you do in your spare time is your own business. Please just keep it to yourself.
because we needed to put a few test pilots in rubber suits on the Moon to impress the Commies back in '69. I get so tired of the fact-free emotional religious ranting of the space fringe.
This is what really gets me about cold war defense budgets. Was it good enough to build a sound stage in Arizona and film a few guys bouncing on strings? No, some congressman needed to send a little pork back to the home district, so he's like, "Hey, what if we build the soundstage on the freaking MOON to fake the moon landing?" And Congress is like, "That's freaking BRILLIANT! And we'll save tons of money on set building!" But did they even stop to think about how many poor children in Africa could have been fed just for the cost of sending a professional film crew along with Apollo 11? I think not.
The first one after AD 1000, Benedict IX, resigned either because he A) Sold the office or )B wanted to get married, depending on the sources you believe.
Interestingly, he was also supposed have been the first gay Pope[.]
So, he was gay, but he gave up one of the most politically powerful posts in the world because he wanted to get married?
I believe in God and I believe in extraterrestrial life. It's not an either/or proposition. I also believe that any knowledge we can gain by experimentation or investigation brings us closer to God. My belief in God is based on personal experience. Anybody who cares to find out for himself can repeat the experiment and get his own results. It's a non-trivial experiment, and you won't find it reported in Science. But it is reproducible.
My belief in extra-terrestrial beings is much closer to "blind faith" than my belief in God. To wit, I simply believe that God created other people on other planets, and I think some of them are probably in the galactic neighborhood. I don't know where they are and I have no repeatable experiment to offer for the proposition other than to look for them. And if we want to look for them, I think our best bet is to look for planets as similar to this one as possible, because that's where they're most likely to show up. Which is what SETI is doing. If we find a non-random signal somewhere in the noise, it will not affect my belief in God. It will, however, strengthen my belief that there are extraterrestrial beings somewhere in the neighborhood.
Having been a successful programmer for 35 years, I would discount the value of touch typing. It has been my experience that thinking is far more important than typing skills. Fast typing helps, but I think your son would find this boring.
Ah, see what you did here? A is useless. B is more important than A. (Which is orthogonal to whether A is useful in itself.) (And now the admission.) A helps, but is boring.
A person can't program without thinking, but between two people who have identical thinking skills, the one who can type is the better programmer. Which means that typing is a great skill for a programmer.
I used to think the way you do, that typing is a waste of time, that I could do without it. Then I took a typing class in high school because I needed to fill half a credit (this was 20 years ago). That's when I realized how much not knowing how to type had been getting in my way. It's like living in a country where you don't speak the language. Yeah, you may be able to get by, but it's a lot easier if you just learn to talk.
I was also surprised at how easy it was. It takes only a few weeks to get to basic competence on the keyboard. After that, it's all repetition (with plenty of opportunity for repetition). The only way I can encode my thoughts faster than typing is speaking, and until Dragon get a little better, even that's a tossup. It's dumb for a kid not to learn to type today. He'll probably use computers in every job he ever has has. No reason to do it with a handicap.
Install FreeDos in the c:\dos folder of your DosBox machine. You'll get most of FreeDos' new functionality, while keeping the useful features of DosBox.
If the invention is done on the employee's own time and equipment and is not related to or derived from the employee's work at the company, the company has no right of ownership:
Most employment agreements I've seen go this route anyway. If you work on anything related to their business, it's theirs. But if you have side stuff going on not related to their business, they're not going to claim it. That's most employers. I can think of one local company where I live that requires employees to assign all copyrights and inventions acquired while in their employ to them. In Texas, that's enforceable as far as I know.
Like the United States, where the company only owns copyright to whatever you do in the course and scope of employment. They may not even own patents related to your job if you were not "employed to ivnent." Which is why it's in everybody's interest to have a clear employment agreement that says what the company owns and what you own. Most companies will say that anything you do while in their employ that relates to their business is theirs, regardless of when you do it. That's pretty reasonable. They're paying you a salary to further their business interests. In exchange, you give them anything you do while receiving that salary that reasonably furthers those business interests. And you have a fiduciary duty not to compete with your employer, so it could get sticky for you to own the stuff anyway. But if you write the Great American Novel, most of them won't claim to own it. I've seen only a few employers who claim ownership of everything an employee does while in their employ. But hey, freedom of contract. If you want to work for an employer that claims ownership of everything you do, think or say while in their employ, that's what you signed up for.
Except that even 'private tutoring' requires them to come into schools for their standardized testing (At least from the few people I know who did home schooling.)
Depends on the state. We home school our 6th grader in Texas, and all we had to do was send a letter to her school telling them that she wouldn't be starting 6th grade there because we were doing home school. But I have a friend who home schooled her kids in Hawaii and was required to get formal lesson plans approved by the state and participate in standardized testing. As a broad-brush general rule, "conservative" states seem to more-or-less let parents teach kids what they want, while "liberal" states seem to be more keen on ensuring that the child is getting a "state-approved" education. For better or worse, on either side.
No, the point is that the university gives students and professors some partial interest in the works. If they had taken something he owned individually, yes, he would own 100%, but robthebloke probably wouldn't have the inclination or resources to pursue a lawsuit. (What's 100% of 0?) But since the university had a partial interest, they took over the legal representation, went after infringers for him, and at the end of the day sent him a nice bonus check, presumably for little extra effort on his part. So in this case, he "won."
Silly? Yes. Patent? No. It's an application. You can file an application on anything you want and it will get published. Doesn't mean it will issue as a patent. Seriously. File a patent application on a basic wheel and axle, or inclined plane. The patent office will publish it. Then they'll reject it.
Except the claims are the only thing that define what the patent "covers." And claim 1 has nothing to do with "multi-factor unlock systems." It just claims a touch screen where a user draws a "geometric pattern" (including a straight line) in a specified direction.
The CPU is a "processing circuit." It doesn't matter that the specification includes a "compare circuit," because it's not part of the claim. You can't just read stuff from the specification into the claims (except when you can).
There must be a way to punish Domino Sugar for doing this because it's a large corporation, but it would be okay if it was a small home producer./s ?
No. If you don't have a patent, then anybody anywhere is free to practice your art if they are able. You don't get a natural monopoly for being the first to think of something.
Is Austin some Green paradise where... the roads are clear
Having had the misfortune of driving through Austin many, many times (en route to places I actually want to go) I can answer this with a resounding NO.
I really, really hate Austin. The place is a dump. I wish it would move to San Francisco where it belongs and get out of my way.
As I recall from my Con. Law class, ex post facto has been interpreted to apply only to criminal prosecutions. So the government can tax the crap out of you retroactively as long as they don't do it under the criminal code. (But I don't practice constitutional law, so somebody who does can feel free to correct me.)
I would have to be quite a hacker to write code that would crash an A-10. This was for software that displayed actuarial data on engine health, collected by a little computer on the airplane. To get the data, you took a little box out to the airplane, sucked down the actuarial data into the little box, then went back tot the shop and hooked the little box up to the computer that ran the code I had to fix. Even if I was so elite that I could somehow use that software to re-write the code on the little box to somehow instruct it to somehow rewrite the code on the little computer on the airplane, the little computer on the airplane had absolutely no control over anything.
Maybe if I was really, really 1337 I could have gotten it to display "ALL YOUR ACTUARIAL DATA ARE BELONG TO US" instead of the real data, but that's about the most damage I could have done.
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Isn't there pretty strong case law against copyrighting APIs? It strikes me that there's not a whole lot to appeal here.
No, there isn't. That's the whole point. The judge made some new law. Now it's been appealed to the Federal Circuit. Once the Federal Circuit rules, we'll have some law on whether APIs are protected by copyright.
While it seems really pedantic, it makes all the difference to police and lawyers. A robbery is a theft that also involves an element of assault (you were physically threatened or physically harmed in the course of the theft). Burglary is just a theft that involves breaking into a home or a car. A person who is robbed is usually much more traumatized than a person who is burglarized, and sentencing reflects that. Assault can carry penalties as stiff as lesser murder charges or manslaughter.
Oh, we're just as screwed. Maybe not as quickly because we haven't embraced socialism as whole-heartedly as Europe. But our reckless spending will soon catch up to us too.
I'm all for helping people out. In fact, I am a deeply religious person and I believe we have a God-given responsibility to help each other. But heavy taxation, deficit spending and government entitlements are the wrong way to do it.
5 years? Might as well write a white paper on the benefits of drum memory over mercury delay lines.
Sweet! I've been looking for one of those. Where can I get it?
Or as Stephen Colbert famously put it, "Reality has a well-known liberal bias!"
As we see from the resounding success of social policy in Europe, where every country has coffers full of tax revenues and a vibrant, healthy workforce to support the millions upon millions of pensions.
I hereby Godwin this thread on your comparison of Natalie Portman to Adolf Hitler. And what you do in your spare time is your own business. Please just keep it to yourself.
Get a guitar. Learn to play it.
because we needed to put a few test pilots in rubber suits on the Moon to impress the Commies back in '69. I get so tired of the fact-free emotional religious ranting of the space fringe.
This is what really gets me about cold war defense budgets. Was it good enough to build a sound stage in Arizona and film a few guys bouncing on strings? No, some congressman needed to send a little pork back to the home district, so he's like, "Hey, what if we build the soundstage on the freaking MOON to fake the moon landing?" And Congress is like, "That's freaking BRILLIANT! And we'll save tons of money on set building!" But did they even stop to think about how many poor children in Africa could have been fed just for the cost of sending a professional film crew along with Apollo 11? I think not.
The first one after AD 1000, Benedict IX, resigned either because he A) Sold the office or )B wanted to get married, depending on the sources you believe.
Interestingly, he was also supposed have been the first gay Pope[.]
So, he was gay, but he gave up one of the most politically powerful posts in the world because he wanted to get married?
I believe in God and I believe in extraterrestrial life. It's not an either/or proposition. I also believe that any knowledge we can gain by experimentation or investigation brings us closer to God. My belief in God is based on personal experience. Anybody who cares to find out for himself can repeat the experiment and get his own results. It's a non-trivial experiment, and you won't find it reported in Science. But it is reproducible.
My belief in extra-terrestrial beings is much closer to "blind faith" than my belief in God. To wit, I simply believe that God created other people on other planets, and I think some of them are probably in the galactic neighborhood. I don't know where they are and I have no repeatable experiment to offer for the proposition other than to look for them. And if we want to look for them, I think our best bet is to look for planets as similar to this one as possible, because that's where they're most likely to show up. Which is what SETI is doing. If we find a non-random signal somewhere in the noise, it will not affect my belief in God. It will, however, strengthen my belief that there are extraterrestrial beings somewhere in the neighborhood.
Having been a successful programmer for 35 years, I would discount the value of touch typing. It has been my experience that thinking is far more important than typing skills. Fast typing helps, but I think your son would find this boring.
Ah, see what you did here? A is useless. B is more important than A. (Which is orthogonal to whether A is useful in itself.) (And now the admission.) A helps, but is boring.
A person can't program without thinking, but between two people who have identical thinking skills, the one who can type is the better programmer. Which means that typing is a great skill for a programmer.
I used to think the way you do, that typing is a waste of time, that I could do without it. Then I took a typing class in high school because I needed to fill half a credit (this was 20 years ago). That's when I realized how much not knowing how to type had been getting in my way. It's like living in a country where you don't speak the language. Yeah, you may be able to get by, but it's a lot easier if you just learn to talk.
I was also surprised at how easy it was. It takes only a few weeks to get to basic competence on the keyboard. After that, it's all repetition (with plenty of opportunity for repetition). The only way I can encode my thoughts faster than typing is speaking, and until Dragon get a little better, even that's a tossup. It's dumb for a kid not to learn to type today. He'll probably use computers in every job he ever has has. No reason to do it with a handicap.
i.e. submit to journals that potential employers and funding bodies car about
I don't get your car analogy. Could you please elaborate? </smarmy>
You can have both!
Install FreeDos in the c:\dos folder of your DosBox machine. You'll get most of FreeDos' new functionality, while keeping the useful features of DosBox.
see here: http://www.dosbox.com/wiki/TOOLS:FreeDOS
The problem is I need to find a good DOS-based virtual machine that can run DosBox from FreeDOS on DosBox.
If the invention is done on the employee's own time and equipment and is not related to or derived from the employee's work at the company, the company has no right of ownership:
Most employment agreements I've seen go this route anyway. If you work on anything related to their business, it's theirs. But if you have side stuff going on not related to their business, they're not going to claim it. That's most employers. I can think of one local company where I live that requires employees to assign all copyrights and inventions acquired while in their employ to them. In Texas, that's enforceable as far as I know.
And so it is in more civilized countries.
Like the United States, where the company only owns copyright to whatever you do in the course and scope of employment. They may not even own patents related to your job if you were not "employed to ivnent." Which is why it's in everybody's interest to have a clear employment agreement that says what the company owns and what you own. Most companies will say that anything you do while in their employ that relates to their business is theirs, regardless of when you do it. That's pretty reasonable. They're paying you a salary to further their business interests. In exchange, you give them anything you do while receiving that salary that reasonably furthers those business interests. And you have a fiduciary duty not to compete with your employer, so it could get sticky for you to own the stuff anyway. But if you write the Great American Novel, most of them won't claim to own it. I've seen only a few employers who claim ownership of everything an employee does while in their employ. But hey, freedom of contract. If you want to work for an employer that claims ownership of everything you do, think or say while in their employ, that's what you signed up for.
Except that even 'private tutoring' requires them to come into schools for their standardized testing (At least from the few people I know who did home schooling.)
Depends on the state. We home school our 6th grader in Texas, and all we had to do was send a letter to her school telling them that she wouldn't be starting 6th grade there because we were doing home school. But I have a friend who home schooled her kids in Hawaii and was required to get formal lesson plans approved by the state and participate in standardized testing. As a broad-brush general rule, "conservative" states seem to more-or-less let parents teach kids what they want, while "liberal" states seem to be more keen on ensuring that the child is getting a "state-approved" education. For better or worse, on either side.
No, the point is that the university gives students and professors some partial interest in the works. If they had taken something he owned individually, yes, he would own 100%, but robthebloke probably wouldn't have the inclination or resources to pursue a lawsuit. (What's 100% of 0?) But since the university had a partial interest, they took over the legal representation, went after infringers for him, and at the end of the day sent him a nice bonus check, presumably for little extra effort on his part. So in this case, he "won."
Silly? Yes. Patent? No. It's an application. You can file an application on anything you want and it will get published. Doesn't mean it will issue as a patent. Seriously. File a patent application on a basic wheel and axle, or inclined plane. The patent office will publish it. Then they'll reject it.
Except the claims are the only thing that define what the patent "covers." And claim 1 has nothing to do with "multi-factor unlock systems." It just claims a touch screen where a user draws a "geometric pattern" (including a straight line) in a specified direction.
The CPU is a "processing circuit." It doesn't matter that the specification includes a "compare circuit," because it's not part of the claim. You can't just read stuff from the specification into the claims (except when you can).
I know a white American guy named Kim. Then there's Kim Philby, the notorious Brit who spied for the Russians.
Now, if we're talking about "Kimberly," that's a different story. I've never met a man named Kimberly. At least not outside of Austin.
There must be a way to punish Domino Sugar for doing this because it's a large corporation, but it would be okay if it was a small home producer. /s ?
No. If you don't have a patent, then anybody anywhere is free to practice your art if they are able. You don't get a natural monopoly for being the first to think of something.
Is Austin some Green paradise where ... the roads are clear
Having had the misfortune of driving through Austin many, many times (en route to places I actually want to go) I can answer this with a resounding NO.
I really, really hate Austin. The place is a dump. I wish it would move to San Francisco where it belongs and get out of my way.
As I recall from my Con. Law class, ex post facto has been interpreted to apply only to criminal prosecutions. So the government can tax the crap out of you retroactively as long as they don't do it under the criminal code. (But I don't practice constitutional law, so somebody who does can feel free to correct me.)
I would have to be quite a hacker to write code that would crash an A-10. This was for software that displayed actuarial data on engine health, collected by a little computer on the airplane. To get the data, you took a little box out to the airplane, sucked down the actuarial data into the little box, then went back tot the shop and hooked the little box up to the computer that ran the code I had to fix. Even if I was so elite that I could somehow use that software to re-write the code on the little box to somehow instruct it to somehow rewrite the code on the little computer on the airplane, the little computer on the airplane had absolutely no control over anything.
Maybe if I was really, really 1337 I could have gotten it to display "ALL YOUR ACTUARIAL DATA ARE BELONG TO US" instead of the real data, but that's about the most damage I could have done.