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User: Biswalt

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  1. A few thoughts on Coder Accuses IBM of Patenting His Work · · Score: 1

    Let it pass buddy, let it pass. If you wanted to Patent your work, I hate to say it, but as the voice of total logic if you wanted your work patented you should have done it whenever you were finished writing your code. On your own HeapCheck disclaimer page you say "I am releasing my humble efforts to the public so that some programmer's life gets a little easier." You can't then file for a patent on that work, because you put it out and stated that you were releasing it to the public. Essentially you waived all exclusive rights to your work when you released it for free to the public. You can't suddenly decide that because IBM used it that you want to cash in. You said you released it to the public. Now I know you have it under the GPL but if you state elsewhere on the same site that you're releasing your efforts to the public I'm pretty sure the courts are going to see that in very lenient terms for IBM. They have every right to think they are free to use it if you state that you are releasing it to the public. Your best bet, I would think would be to contact a patent attorney and run your case by them. Realistically given your statement that it's been released to the public the only grounds that I can see you challenging their patent on is that they aren't following the terms of the GPL. But the even with the restrictions placed by the GPL if the work IBM did is substantially new they'll still be able to patent their work. For example you say they are accomplishing the same goal, but if their means of execution are substantially different than yours then your patent doesn't apply. Additionally a patent lasts only 18 years, and you haven't brought any other previous claims, even when you found Microsoft to be doing the same thing IBM is now. That will hurt your case big time. Ultimately though my advice isn't based on the law. I'm not a lawyer and I think when it comes to patent law NO ONE really knows what's going on because so much of it is just winging it. But I think most patent lawyers would probably tell you that legally it would be hard to pursue your case because you said you were releasing it to the public, you never issued a patent claim about anyone else using your work, it's not even clear (since we don't have the code) if IBM used your code or if they just liked what your code did and figured out a different way to accomplish the same goal. But ultimately all those things are irrelevant, because I'm pretty sure if you run this by most patent attorneys they'll probably tell you that suing IBM is virtually impossible. IBM made $2.6B the first quarter of 2010. IBM can and does afford the best, and I'm sure one of the most ridiculously abundant legal teams, of any company in the world. Talk to a patent attorney see what they tell you, but don't be surprised if it gets into the simple logistics of suing a company that has a regular cash flow of nearly $20B dollars per quarter.

  2. My point: on Tour Companies Battle Over Trademarked Duck Noises · · Score: 1

    I don't think you can hold a sound mark on this, because unlike the MGM lion or the NBC chimes, it's not the same sound being played each time. And as I recall the sound has to be so distinctive as to not possibly be mistaken for anything else, which definitionally a sound that is played differently every time is.

  3. What is virtual money? on Virtual Bank Woes · · Score: 3, Insightful

    I'd like to posit that the money in Eve Online is just as real as a dollar bill. I mean, you can buy ISK on Ebay, so there's an exchange rate of about 12 cents per million ISK. It's measurable, it's real, because ISK can be purchased for real money. What makes ISK less real than the Hungarian Forint, or the Chilean Peso, or even the US dollar? Currency very simply is people placing value in something that is not really intrinsically valuable. IE. paper dollars, little metal coins, huge stone wheels, bits of code relating to ISK, etc. So b/c it's valuable to these people we have a situation where the currency is very real. At least as real as any other form of currency has been.

  4. Did the author get the concept of Wikipedia? on Why the Photos On Wikipedia Are So Bad · · Score: 1

    The author seems solely obsessed with entertainment figures, Placido Domingo, Hank Aaron, Michael Jackson, Dr. Phil, David Beckham, Oliver Stone, George Gervin. But what about pictures of nebulae, flags, geometrical shapes, natural phenomena, etc. I routinely use wikimedia commons for finding out how different things that I've never seen look! The point of wikipedia is not to have every single Michael Jackson picture ever. It's an encyclopedia not TMZ. Who cares if it's only got one bad image of George Gervin? At least it's got a picture so you can see what Gervin looked like. But if this article had been written by someone who understands the purpose of wikipedia we might have found out that while wikimedia commons has the one pic of Gervin, it's got 28 distinct pictures about solar flares, or check out national insignia and see how much visual info you get. Plus this author argues that it's bad the photos aren't improved! Is he arguing for photographic manipulation or something?

  5. Here's the rub: on EU Publishers Want a Law To Control Online News · · Score: 1

    The problem is (from the perspective of the media companies) that there are too many free readers. And in the past because it was so easy to control the distribution of information (printing presses being expensive to operate) the media companies could monopolize the news distribution frame work. But now they can't, and that means more and more people are refusing to pay for the news. I for one don't ever buy news. I feel like it's wasteful to purchase news because I don't feel someone should have the right to monopolize the description of current events. Secondly, most of the news is provided for news media organizations for free. The AP for example doesn't pay anything to be able to quote political speeches, and they shouldn't have to. I mean, pick up a paper and read it cover to cover (other than the sports section, and the business section) how much news is investigative journalism that significantly costs the media companies anything, versus how much of that same newspaper is just a retelling of some event without any real extra costs to the news papers. Then look at how many outlets for info your typical media company like say the Hearst newspaper group has, and lastly look at how much money the heads of the newspapers are getting. It's not like the people who own the media companies aren't getting paid because ad revenue is down. My argument would be that newspapers are losing money not because websites are linking to their articles, but because while they are experiencing diminished ad revenues the owners of these media companies are making record personal windfalls!

  6. Re:Social Security Numbers As Identifiers on Social Security Numbers Can Be Guessed · · Score: 1

    I disagree because they are basically interchangeable with other known data about a person like when and where they were born, so the trend is going to be toward more and more known SSN's, once you know one area-group-serial number the odds of guessing the other numbers in that same area-group combo (or zipcode) rise slightly, meaning that inevitably all social security numbers will be known. So trying to make them secretive just won't work. The problem is that the private sector wants to use them as a way of authenticating who people are; say we have Maribel Barnes of 123 Main St. Boise Id. 83702 or we could call her 518-83-0001. The problem is the private sector wants to use the number as a check to see that you're really you when making a change. But as I've pointed out as you know more and more SSNs the chance of knowing other SSNs by default rises such that eventually as long as birth records remain intact and some known SSN database was kept you'd be able to eventually know everybody's SSN. So asking Maribel to authenticate who she is with her SSN is kind of pointless because someone who has bothered to learn her place of birth and birth date already knows the first 5 digits of the SSN.

  7. Re:The problem is not that SSNs are easy to guess on Social Security Numbers Can Be Guessed · · Score: 1

    Yeah, b/c basically all you are doing is breaking down when and where some specific person was born so that government computers can take "John Smith of 123 Main St Idaho City, ID 83631" and Turn him into 518-83-1234 for organizational purposes.

  8. Not surprised on Social Security Numbers Can Be Guessed · · Score: 1

    I've always wondered why people have to use the last four numbers as an identifier so often, but it makes sense from the perspective of it being the most unique part of the number. I can't say I'm surprised by this given that I'd already figured out the 005 start means you were born in Maine for example. So because I knew that everyone in my family had a double zero start, and none of my friends or their family did, I correctly surmised that the first three digits related to where you were born. A little research later and I realized all other numbers are a function in some way shape or form of time. This was all before I'd seen an explanation about how the numbers are assigned. So I'd already known for the last decade it wasn't a random number at all, and I'd also assumed it makes the most logical sense for the last four numbers to be assigned in some sort of serial fashion. I would think that with computing becoming as powerful as it is that we'd be looking at a situation where the whole number is guessable if you know the time of birth. If someone got access to say a hospital log of when new babies were born, and it was the only hospital in the zipcode as long as you could verify the SSN of any one of the babies in the log you'd then have the SSN of all babies in the log. I knew this some nine or ten years ago when I was in college.

  9. Re:Nice thought, bad planning on Bike Projector Makes Lane For Rider · · Score: 1

    I don't think it's that simple mcvos. I commute everyday via a highway, and bikes are supposed to not use the highway, but every few weeks I'll have to decelerate from 65 mph down to 35 mph just so I can pass the bikes safely. And the thing that bothers me is I live in a very friendly to bikers city. There are bikelanes all over the place, down town, in the housing developments, city parks, etc. Now these bikers if they are just trying to get exercise (which is what it looks like to me) could go to any other bike lane in the city but they chose to engage in a dangerous activity and make the argument that they should be allowed to use any road they wish. The problem with this of course is the accident potential. If my tire blows out at 30 mph, Iv'e got a very good chance that I can hit my brakes and not skid into a biker, but if I'm going 65 mph blowing out a tire could have me skidding in some crazy direction and I might not be able to avoid a biker. 2) It's not true to say bikers never kill anyone. There are cases of people being run over by bikers and suffering complications that kill them. Believe me I know, b/c a friend of my sister lost a wrongful death lawsuit b/c she didn't exercise care when riding a bike and hit an old lady who suffered a dislocated hip. And this old lady eventually died as a direct result of breaking her hip. Swear to god this really happened, not just trying to make a point. People just don't get killed by bicycles often. Then there's the issue of bicyclists stopping at intersections, running reds when no cars are present. Leaving the designated bike lane, not wearing helmets etc. Not having proper reflective gear. I'd be much happier to accomodate the bicyclists in this city if they followed all the rules they were supposed to.

  10. Having sex 9 times a fay also said to increase cha on Daily Sex Helps Improve Fertility · · Score: 1

    Thank god! This puts to end the argument I'd been having a friend that thought peoplewho have almost no sex would have the highest fertility. I'll file this one under obvious theory ends up being right.

  11. Re:This was not censorship. on Wikipedia Censored To Protect Captive Reporter · · Score: 1

    Totally different. The times, and other media outlets in America had made very heavy displays of previous kidnapping victims in Iraq. Therefore the Rohde case should have fallen under the blanket of newsworthy. You're right. I for example don't have an inherent right to know you birthdate. But if you kill a lot of peopel to celebrate your birthday it then becomes a news worthy event. Likewise the whereabouts of Mr. Rohde are normally not relevant, but if he's a kidnap victim being held for ransom, it suddenly becomes very newsworthy. And while the Times had every right not to publish the story, they were wrong to lean on Mr. Wales to get him to remove referrences to the kidnappings from Wikipedia, because they had by their own previous actions published numerous similar stories. I mean, look at the Times coverage of Daniel Pearl's case. Apparently the Times only thinks you are valuable if you report for them.

  12. So why does his blog have a trackback link? on Judge Thinks Linking To Copyrighted Material Should Be Illegal · · Score: 1

    I find this hilarious. So newspapers (which largeley get their news tips from people calling in for free) are claiming it's reporter salaries that make the bulk of the costs of running a newspaper, and not the costs of operating the gigantic printing presses etc. Sure, and I'll be looking at that land deal you have in Florida now. Give me a break. Following that same logic no newspaper should be allowed to quote people who make statements in a telelvised press conference b/c televising it IS publishing it, and therefore they'd be guilty of a copyright violation. But obviously we've made a fair use exception if your goal is to write a news article. Why would the same not apply on the web. The real thing is $$$. I used to run a non-profit news website. I was turned down for press credentials in most cases b/c I didn't have a paper that was sponsored via ad revenue. this for example, at the time (if not still currently) was the rule even for the White House. So I wasn't given press credentials b/c I didn't have advertisers, and to the White House you're not a real legitimate news gathering organization unless you have advertising revenue. So it's obvious that the Newspaper industry is the beneficiary of laws that favor them over amateur bloggers. And that begs the issue, why? As in why are we trying to support the news industry rather than realizing why it's failing. Newspapers are failing because they charge too much for ad space. According to a NY Times report (that out of respect for Dipshit Posner I won't link to) 53% of their ad space is going unsold. In any other industry you'd discount the rate and try to get a higher volume of ad space sold. But for trully ridiculous reasons Newspapers still think they can charge for the same ad space even with subscriptions on the decline. And people are increasingly turning to the internet because the ability to contstantly update and follow stories makes it much better than reading daily newspapers. Nowhere is this discrepancy more obvious than sports coverage. Sure I could have a newspaper subscription and follow my team's success over a bowl of fruit loops everyday at breakfast or I can log onto ESPN and find out whether my team is winning or losing the game while it's still being played. Which choice are most people who want to follow a team going to choose? If we treated other technologies like we're starting to treat newspapers vs. the internet we would: still be using telegraph machines instead of cell phone. use explosive celuloid film instead of digital video use horse drawn buggies instead of cars. use handset printing instead of moveable type or better yet only release news via illuminated manuscripts. Face it. Internet is beating the pants off traditional newspapers b/c they are just better. And internet thrives on linking. All passing a law change like this would mean that websites would only link to materials that were published under non-traditional copyright agreements or released into the public domain. IE. no one would link to traditional newspapers anymore, and it's not like people would then start buying newspaper subscriptions, so I'm quite certain that newspapers would make even less money than they do now.

  13. The revolution has started` on Investigators Suspect Computers Doomed Air France Jet · · Score: 2, Funny

    So the trains in DC collided because even while the human operator tried applying the breaks the computer overrode the engineer and kept the train moving at a good speed. And now the investigators of the air france flight are saying computer failures on that flight caused the plane to stay at a high-inoperable speed, despite the pilot's best effort to slow down? Does it sound to anyone else like the computer revolution from Terminator, the Matrix, nearly every other future sci-fi movie is taking place? We never should have let them start beating us in chess now the computers are getting all uppity.

  14. Re:City jobs are a bad thing? on Montana City Requires Workers' Internet Accounts · · Score: 1

    I can actually imagine privately funded roaded because I've been on private roads before (very common out in the country) and also toll road highways are almost always built and designed by private companies now.

  15. R U fucking kidding me? on Microsoft Launches New "Get the Facts" Campaign · · Score: 1

    "Knowing the top speed of a car doesn't tell you how fast you can drive in rush hour. To actually see the difference in page loads between all three browsers, you need slow-motion video. This oneâ(TM)s also a tie." - What the fuck does this even mean?!? Whenever a new browser comes out I load up a wikipedia page to see how it handles text, hulu for video, and ESPN to see how it handles rotating ads. The browser that I found that works the fastest with the lowest memory usage is Opera. And that was out of Firefox, IE7, Chrome, and Opera. But my big problem with this statement is that Micrsoft gives itself a check on performance on the argument that chrome and firefox are only a little faster?!? Seriously?!? How do you acknowledge that your competitor has you beat and still give yourself the check?

    "Only Internet Explorer 8 has both tab isolation and crash recovery features; Firefox and Chrome have one or the other." But Opera has both, so it's not like IE8 is the only browser with these features.

    And how does IE8 even lay a claim to the most security. It's a very well known fact that nearly every bit of malware is written for IE browsers b/c of the share of the marketplace they have. Last time I checked there was almost no malware written to exploit chrome, only a few for firefox, and lesser known browsers like Opera, and Konqueror had none.

  16. The application is hilarious on Montana City Requires Workers' Internet Accounts · · Score: 1

    So not only does it request info the government is supposed to be barred from using to make hiring decisions, it also only has space for two websites. Cause you know most tech savy people have limited their responses to just the two websites and the fuck-tarded thing about this is that they actually list five different example websites!

  17. Re:I call FUD on Montana City Requires Workers' Internet Accounts · · Score: 1

    well you're Iranian and Syrian, seems to me Two or More Races (Not Hispanic or Latino) works. Good thing you're from Iran and Syria, if you were from just one you'd be up shits creek.

  18. Not legal on Montana City Requires Workers' Internet Accounts · · Score: 1

    Now fucking way this is legal. We have a right to freely assemble in this country, and that would include online communications. Not to mention that listing what websites you participate in the forums of could reveal information that the government is not allowed to collect on people in determining whether they should be hired for a certain job. For Example, I could be part of a gay-Jewish support group for example An actual gay Jewsish support group and that would be data that the state is not allowed to collect in determining who gets hired.

  19. Umm, what about prior art? on New Super Mario Bros. Wii To Include Official "Cheat" · · Score: 1

    No way this can stand up, it's actually in other games all ready. You can play a whole game of Blitz II: The League and never call a play yourself, never snap that ball, etc. and the computer will take care of everything for you, but you still have the ability to jump in and actually take control over a guy at anytime. In Madden all you have to do is call plays and snap the ball, and the game plays itself. Space Channel 5 has the same thing, as does I'm guessing a host of other games. And then there's the whole issue of what it means for the computer to play a game. If I create a gang in San Andreas I could then just march over to another gangs real estate and my CPU controlled gangbangers will take care of the fighting and I can sit around, so while my CJ doesn't do anything all of the CPU controlled gang members will fight so that's an example of a game playing itself. To me Nintendo should lose the ability to patent this based ona prior art argument. This is like when microsoft patented the page up and page down buttons, even though there's verifiable proof that other companies had this tech b4 micrsoft.

  20. Re:Well . . . on In Round 2, Jammie Thomas Jury Awards RIAA $1,920,000 · · Score: 1

    No I don't think your analysis is correct. It's not like slashdot readers understand this law less than anyone else. It's not even clear if having damages 151515.15 times greater than the price of the item in question is even constitutional. Additionally it's not as if the RIAA offered any proof that she was the one who did the downloading, they used the argument that she owned the computer so she must have been the one downloading. So by that logic if someone breaks into your house and steals a gun and commits a murder you should be on death row cause someone got murdered with a gun you own. BTW it's not like the jury in this case hasa good grasp of cyberlaw. And here are some fast facts: None of the jurors in this trial ever used any sort of file sharing programs. So they have no experience with P2P networking. The RIAA had all the jurors who knew about file sharing from friends from the case (4 out of 19, had heard of file sharing). So the 12 jurors on her case had absolutely no knowledge of file sharing. But according to an LA times survey 64% of people regularly download copyrighted materials. A Tiscali UK survey found 60% of people surveyed downloaded copyrighted materials. And according to the Stanford Report 24% of people surveyed were actively involved in downloading illegal materials. So for Jamie Thomas to not have one person on her jury that has made a download either legally or not is bullshit. I mean if 60-64% of people have downloaded copyrighted materials you'd expect about 7 of the jurors to have experience with downloads. She didn't get a jury of her peers, she is being hit with an unusual penalty (you could steal a whole CD from a store and only be charged about $1000 or so in most places, max.), and she got fucked by the courts, remember the RIAA objected to her new lawyer being given time to review the old lawyers case work. I'm going to encourage everyone to boycott the major record labels for the rest of the year. And the fucking disgustingly sick part of this is that the real impediment to artistry has been the record labels! It wasn't until about the 1960s that the most popular white bands started to have more or less "fair" contracts. But how many copyrights do these companies have that are based on contracts that would be thrown out if they were signed today? And how about enforcing copyright law on clearly acceptable legal fair uses? And finally the statutory damages exist to recompensate labels for the estimated amount of money they lost on record sales. It's not based on what they proveably lost but can be anything from $750 to $150k for each infringement with the idea being that juries can award more for let's say leaking a full album before it's release date. Jammie Thomas was downloading songs like "pour some sugar on me" which was recorded in 1987! Almost no songs make money after a year of being released. It's not like she was depriving an up and coming artist from having a big CD debut. She was largely downloading songs that had already made practically all the money they will ever see, so for her to recieve 80k per infringement is laughably cruel. What she should do is empty her bank account, sell off the rest of her fundraising panties, etc. and give all that money to the RIAA, then for phase 2 call in a tv crew and do a nice segment on how it's impossible to eat right when almost all of your paycheck goes to pay off a ridiculous lawsuit. I'm beginning to think her best bet is a hunger strike.

  21. Re:Just like how software should be... on Should Good Indie Games Be More Expensive? · · Score: 3, Interesting

    Really gamers go nuts with advertising thrown down there throats? Played any EA sports games recently? In those games the ads even ad to the realism. You don't get a half-time report you get the Gillete Razor half-time report, since this is how it's done in the real world, it fits right in, but it's still an ad. An even better example is EA Skate 2. The ads are not only in the game on the in game billboards, they actually rotate out to feature different products or companies because EA is selling that ad space just like real ad space. It's a profitable enterprise for EA, and none of my friends has commented on it beyond "hey those are real ads." After I explain how they work, most of the people I've asked told me they thought it was cool. I agree that most gamers wouldn't play a game all plastered with ad banners (a la porn sites, and torrent sites), but real ads on the boards in EA NHL 09 only makes sense.

  22. Re:Blame the IT guys? What a prick. on Web Scam Bilks State of Utah Out of $2.5M · · Score: 1

    I love that the guy blaming the IT guys also apparently didn't read the article. POs and vouchers are easy enough to screw up, I work in a small store, and deal with POs everyday. Small little errors go undetected very easily until it gunks shit up at a later point in time, and then it's a pain in the ass to get it done right. On another note, I was going to say this was a small amount of money relatively, but Utah's overall general fund holds about $150 million so 2.8 million would have represented about 1.86% of all the money that Utah has at it's disposal not marked for education funds. That is very fucking significant.

  23. Re:A victory for sanity. on Court Rules Autism Not Caused By Childhood Vaccine · · Score: 1

    Issue 2: The fact that Barney, Dora the Explorer, and the Teletubbies don't have articulate faces means that the actors have to go out of their way to show the other body language elements typical of different emotions. These no doubt probably help children learn how to read people better, versus the abscence of such stimuli.

  24. Re:A victory for sanity. on Court Rules Autism Not Caused By Childhood Vaccine · · Score: 1

    The problem with your argument is the possibility that children do recieve adaquate amounts of real conversations to learn how to speak. Even if they are plopped in front of a tv all day. Within a the first hour of it's life babies begin to show a preference for their "native" language as determined by nipple suck times. Baby is calmer, not startled, by "native" tongue speakers. So I'm sure if we were to study it, we'd probably see through similar studies that babies probably show the ability to at least subconsciously know when a speaker is live versus one that isn't. Issue 2: The fact that Barney, Dora the Explorer, and the Teletubbies don't have articulate faces means that the actors have to go out of their way to show the other body language elements typical of different emotions. These no doubt probably help children learn how to read people better, versus the abscence of such stimuli.

  25. my take on Belkin's Amazon Rep Paying For Fake Online Reviews · · Score: 1

    The funny thing about this is that I actually think Belkin makes really great grade A products from routers, to USB hubs, to cables, everything top quality . . . but now you probably don't believe me, because you think I'm a shill.