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  1. Re:Actually, that's not the complete story on Troll Patents Lists In Databases, Sues Everyone · · Score: 1

    Which seems pretty cut and dry. Except, of course, that it's not. In 1990, Congress updated the statute thus with 28 USC 1391:

    Thanks for the update, I don't practice IP law so I was unaware of that part.

    For purposes of venue under this chapter, a defendant that is a corporation shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced.

    which effectively means that you can file a patent suit anywhere

    ...that you can establish personal jurisdiction in. I don't have the cases in front of me but I know the issue of personal jurisdiction in internet cases is still up in the air.

  2. Re:gets paid either way/grant rate has dropped on Troll Patents Lists In Databases, Sues Everyone · · Score: 2, Interesting

    You would think that examiners would simply allow allow allow, but that hasn't been the case in a while. The patent grant rate has actually dropped in the past few years.

    When I asked a patent lawyer friend about whether it was too easy to get a patent, she was surprised I would even suggest that. In her experience it's an extremely time-consuming process and the patent office is very skeptical of everything they get.

  3. Re:Good on COPA Suffers Yet Another Court Defeat · · Score: 2, Insightful

    There's nothing unconstitutional for punishing a legislator for breaking the Constitution...

    Article 1, Section 6: They [Congress] shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

    Now treason is specifically defined: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.

    Considering how many constitutional cases end with a split decision in the Supreme Court, it seems unfair to expect an individual congressperson to know precisely whether the law they're proposing is Constitutional or not. While slashdotters think the Constitution is "clear," it really isn't, and "I disagree with your interpretation" is often a more accurate accusation than "zomg thats so unconstitutional its so obvious you should be dragged onto the street and shot!"

  4. Re:Good on COPA Suffers Yet Another Court Defeat · · Score: 1

    What would protect children more than anything else would be stiff penalties for lawmakers who pass laws later found to be unconstitutional.

    In other words, violate the Constitution to protect the Constitution? That doesn't make sense to me.

  5. Re:You BASTARDS! SUE me... Functionally? on Troll Patents Lists In Databases, Sues Everyone · · Score: 1

    All it is is a matter of labeling on the forms and name assignments in the table. And, the two can be relationally joined to serve the function of tracking the progress of the wishlist.

    They serve two different purposes, function in two different ways (soliciting others to buy specific items for you vs. setting forth activities in which you yourself plan to carry out).

    We seriously need to bring back or enact a law enabling dueling (pistol operas might be fun, Miike style), or swordplay (Azumi style... murder the war-starters to save the people) so that F*TARDS like those can be put not only out of business, but force them to reincarnate ahead of schedule. It's not murder, it's just "fast-tracking" them to a new realm of existence. Hopefully, they come back as a better human, not an evil hungry ghost out to make everyone ELSE miserable for no purpose other than to make money.

    You're assuming you'd win, though. Trial by combat doesn't always go to the virtuous, which is why they abolished it...

  6. Re:Quoting PJ. on Troll Patents Lists In Databases, Sues Everyone · · Score: 3, Informative

    According to 28 USC s 1400(b) patent infringement cases can only be brought in districts where the defendant resides, or where infringement took place and where the defendant has a place of business. You can get around that to some extent through a class action, though that has its own drawbacks for a plaintiff. In this case it's not a class action so they've had to bring suit in Delaware, the state of incorporation. I honestly don't think they had any choice in the matter unless they were going to try for class certification (which I'm not sure would even work), or if they were going to file multiple actions across the country.

  7. Re:BUSH = HITLER on COPA Suffers Yet Another Court Defeat · · Score: 0, Offtopic

    Oh. Never mind. I'll just go back to my job at the New York Times now.

    Actually the New York Times has been complicit in just about every lie Bush ever told. They're notorious for constantly backing Bush (this Bush at least, they have historically been a lot more skeptical towards Republicans).

  8. Re:You BASTARDS! SUE me... on Troll Patents Lists In Databases, Sues Everyone · · Score: 3, Funny

    and I have in it a To-Do list, which essentially is a wish-list

    No it's not.

  9. Re:Quoting PJ. on Troll Patents Lists In Databases, Sues Everyone · · Score: 2, Insightful

    The problem is that the patent troll gets to pick the court.

    No they don't.

  10. Re:Damn, was an easy way to buy gold... on E-gold Owners Plead Guilty To Money Laundering · · Score: 1

    The raw number of "crisis" is one thing. Their effects are another. 20th century ones were much more devastating, just search for the raw inflationary numbers.

    Inflation isn't the defining characteristic of a depression; in fact, the Great Depression saw significant deflation.

  11. Re:Free Competition in Currency Act of 2007 on E-gold Owners Plead Guilty To Money Laundering · · Score: 1

    . If you can get 20 cheeseburgers for a pound of gold in Detroit, then you should also be able to get 20 cheeseburgers in Guatemala (assuming they even eat that shit).

    What's wrong with cheeseburgers?

  12. Re:Damn, was an easy way to buy gold... on E-gold Owners Plead Guilty To Money Laundering · · Score: 3, Informative

    I think you're seeing history inverted. I look at the 20th century, and I see cycles an interminable sequence of booms and busts mixed with inflationary and hyperinflationary phases. I look at the 19th century, and I see customer and other prices with almost perfect stability, so much that anyone could save money for bad times by simply storing it in their houses, rather than at some bank, as is required now.

    What now? The 20th century has been a lot more stable than the 19th in economic terms.

  13. Re:eGold now, Paypal next? on E-gold Owners Plead Guilty To Money Laundering · · Score: 1

    Of course, it's quite possible that there actually was money laundering going on (it sounds like there was.) My point is just that these chaps weren't taken down because a) they were too small and didn't have good lawyers or b) just because they were laundering money. If you believe that, I've got a bridge I'd like to sell you...

    If the government wants to come down on people trying to make their own currency, they don't need to come up with contrived money laundering charges; under the Constitution Congress has complete authority over the coining and issuance of currency.

  14. Re:Mixed Feelings definitely (& more spoils) on Watchmen Movie Trailer Is Out · · Score: 1

    Rorschach is a Psychopath, attempting to compensate by becoming rule-bound (and doing it poorly). Moore has the personality dead-on.

    I don't think Rorschach is a pure psychopath, more someone with a combination of obsessive-compulsive personality disorder and Dissaciative identity disorder, with his personal issues compounded by closeted homosexuality. Awesome character, my favorite in Watchmen, though I wouldn't want to meet him in real life.

  15. Re:Mixed Feelings definitely (& more spoils) on Watchmen Movie Trailer Is Out · · Score: 1

    orschach wandered outside in Antarctica and didn't come back. Dan knows he didn't take the owlship.

    How does he know?

  16. Re:Mixed Feelings definitely (& more spoils) on Watchmen Movie Trailer Is Out · · Score: 1

    They can either undo what he did, or keep quiet and effectively be accomplices. They all are now in the same boat.

    Well I don't think they really have a choice at that part; he did a series of horrible things, and got one good result. The only thing they can really undo is the good result. In their position I probably would have done the same thing.

  17. Re:Only comic to have won the Hugo? on Watchmen Movie Trailer Is Out · · Score: 1

    The comic won a Hugo award, and I believe it may be the only comic ever to have done so. At the least, it's one of a very elite few. In other words, definitely worth reading.

    Yes, but the Hugo Awards are kind of watered down by all the categories they have. I mean, "Best Fan Artist?" "Best Semiprozine?" I will say the Hugo Award for Best Novel winners do tend to be very good, with only occasional missteps (like Harry Potter and the Goblet of Fire).

  18. Re:Mixed Feelings definitely on Watchmen Movie Trailer Is Out · · Score: 1

    This is from memory way back in the eighties, but I seem to remember that Moore originally wanted to do this as a "parallel world" using the DC characters, but the company said no.

    A good thing I think, considering DC (like Marvel) apparently spent the past decade making parallel world comic after parallel world comic, and Watchmen may have just gotten lost in the horde.

  19. Re:Another thing about that [SPOILERS] on Watchmen Movie Trailer Is Out · · Score: 1

    When Ozymandis and Dr. Manhattan are talking at the end, Dr. Mahnattans says, "It is highly unlikily Rorshach will reach the mainland". Moments before, he obliterated him. In other words, he seemingly lied to Ozymandis.

    I don't know, it seemed like a pretty accurate statement...

  20. Re:Just now? on China Races To Clean Up Olympic Air · · Score: 1

    So you are saying that if in Canada each person polluted five times more than the average American... it would be OK and Canada would be a model country because the net effect would still be half of the US?

    No, it would still be bad, and the fact that it was less than America doesn't absolve Canada of responsibility. Similarly, the fact that China's per capita pollution might be less doesn't magically lessen the incredible impact its huge population has on air quality.

  21. Re:Mixed Feelings definitely on Watchmen Movie Trailer Is Out · · Score: 1

    Of those people in the audience who are not utilitarians, they will find the argument to be absurd, as does Rorschach.

    Well the sense I got from them was that they found the argument absurd, but at that point had nothing to gain and a lot to lose by revealing it to anyone.

  22. Re:My Qualms on Watchmen Movie Trailer Is Out · · Score: 1

    They show Nite Owl doing a jump kick to some prisoners face. Nite Owl is supposed to be a pudgy, middle aged loser at this point in his life.

    Who along with Silk Spectre took out a street gang, then several prisoners on his way through the prison. Whatever his problems he's portrayed as pretty formidable.

  23. Re:Bombed during dark knight on Watchmen Movie Trailer Is Out · · Score: 1

    The trailer came on an no one knew what the heck it was, and it was dead quiet when it ended. Basically all I got from the trailer was "Glowing blue guys".

    It was dead quiet in our theater except for me whispering loudly to a geek friend 2 seats over "Is that Watchmen? That's Watchmen! Watchmen!"

  24. Re:Quis custodiet ipsos custodes? on Watchmen Movie Trailer Is Out · · Score: 1

    I get a bit tired of some of these authors claiming not to care what's done with their work when it goes to movie. It would be nice if one of them would make an effort to make sure a good film is made if only for the fans. You know, the fans that made them very rich? Not saying they owe anyone anything, it would just be nice.

    I don't even mind them not caring, but Moore gets all angry at anyone who makes a movie based on his work. He is going to hate this movie, if not for the movie itself but because one of the producers misspelled his name on a letter, or someone was interviewed and said something he didn't like, or some such thing. The man will create a feud over anything.

  25. Re:OH SHUT UP on Linux Needs More Haters · · Score: 1

    Linux means that you can see all of the dirty laundry and the fact that something is in progress but not quite yet complete. Yeah, it sucks that something that SOMEONE ELSE is developing in their free time isn't quite up to your princely standards.

    Then tell these nobly martyrs to stop advertising their software as a better alternative to Windows programs. If your software isn't ready to release, don't release it. And if you don't want to hear bug reports then don't freaking ask for them.