Google is probably resisting for a lot of reasons. One of them being, they don't necessarily want everyone to know that 99% of the use of their image search service is for pornography and 90% of their text search service is for pornography. While a lot of people probably suspect such numbers, if they were shown to be true, the company could lose some the highly held public opinion of it. Advertisers pull out of TV networks over less.
Another consideration might be that if people find out their search habits at Google are going to be handed over in a court case, will go somewhere else.
However, please keep in mind that Google is defending against this because they need to do it to protect their money and shareholders, not because they value your freedoms.
Why would a maglev elevator be prohibited from having the standard safety braking systems that cable elevators have? Despite what Hollywood might have you believe, breaking the cable supporting an elevator will not bring you crashing to Earth. Worst case, you might fall a few feet before being safely stopped.
We send white collar criminals to jail because while jail probably isn't much of a deterrent for your average bank robber, rapist or murderer (but might be what *those* type of criminals deserve), serving jail time can be VERY frightening for white collar criminals.
So, if we send a few of them to jail, they'll either have to try harder not to get caught, or not do it. Unlike murder, most white collar crimes are not the type that you commit without any regard to the possible punishment. (In other words, most murderers probably readily accept their possible punishment of life in prison or death and go through with their actions knowing if they're caught it's over. If white collar criminals were not threatened with jail time, then there is very little of a deterrent, since most of them probably can afford to pay any fine we might charge, and if not, losing all your money and everything you own isn't as bad as going to jail if you're smart enough to get another good paying job later.)
We had a bunch of these at a small ISP I used to work at. The customers would constantly complain over the phone about the annoying "typewriters" in the background. Needless to say, they are very tough keyboards.
it's against the law in the USA to discriminate based on disabilities.
The ADA requires certain accomodations for "public accomodations." Guess what, MMORPGs aren't listed. (But things like doctors offices, zoos, parks, and hospitals are listed.)
You can go here for a quick summary of disability rights laws passed in the US. Most of the laws merely require providing a way to access buildings, or against employment discrimination. While many groups publish documentation on ways to help provide access to your products for those with disabilities, there is no law requiring them to.
Do car manufacturers get sued when they don't ship the car with modifications so you can drive with no legs? Do they have to provide them for free?
The difference between your analogy and this situation is your analogy involves public restrooms.
1. Graduating highschool at age 20 is not proper. 2. "first grader at elementary school" in Korea means the same thing it does in the U.S.
For all we knew, there might be 2 grades before "first grade at elementary school," or they might attend school at a later age than we do.
Of course, this website spells out their education system pretty clearly and proves that it is an error in the article.
Elementary School, grades 1-6: Age 6-11 Middle School, grades 7-9: Age 12-14 High School, grades 10-12: Age 15-17
So, if this boy were following the regular schedule for education, he would probably be in 2nd or 3rd grade (depending on when his birthday is and what the cut-off dates are for starting grades in Korea).
You're misreading the abstract. What it is saying is that it will be in the form of a human tongue, not that it will be a human tongue. It will look like one. For one thing, it's not a method patent, it's a device patent. It's a stamp moistening device that looks like a tongue. Big deal.
Right. But if the patent does issue, and I refused to give him royalties or cease from my "infringing" activities, where do I stand? Wouldn't he be entitled to damages from me in that case, since the claims in the provisional have the date of publication, and those extend to the real patent upon grant?
Yes, but the chances of this patent actually issuing are pretty slim. It would be silly to pay royalties prior to the issuing of the patent, but if you really are worried that the patent will issue and you might be infringing, I'd recommend stopping the infringing practice.
Essentially the date of publication establishes notice, and that is why an inventor whose patent issues is allowed to collect damages for infringement that occurs between notice and issue.
However, an inventor cannot get an injunction against a potential infringer. He can politely ask you to stop or he might have to sue you for royalties when the patent does issue, but he cannot stop you from using the invention until after the patent has actually issued.
But I don't see how this changes anything. The patent, when granted, gets "the benefit of the earlier filing date," as you said. Exactly. So if I get a cease-and-desist from Mr. Knight tomorrow (Nov 4 2005) because I wrote a screenplay about a guy who falls asleep for X years but lives a separate life during that time as a zombie, and I ignore it and publish/produce the movie anyway, and then Mr. Knight gets his full patent granted within 12 months (Nov 3 2006), but with the filing date as Nov 3 2005, where do I stand? I stand as infringing from the moment he sent me the cease-and-desist, do I not?
Except that entire publishing industry will be against this guy and will be more than willing to pit their huge pocketbooks against some lawyers game of "let's see what ridiculous patent I can get granted."
I doubt anyone, including the "inventor" expects this patent to survive very long once an examiner gets ahold of it.
This is a misunderstanding of the provisional rights; what it allows him to do is to obtain reasonable royalties from people using his invention between the time of publication and the time of issue of patent.
Okay, so they haven't actually granted the patent yet; it's only an application at this stage. However, the fact that the USPTO accepted the application at all merely reinforces my assertion: The USPTO is now officially broken.
The application has been sitting around for 18 months, at which time the USPTO is required to publish the application. This is done to prevent "submarine" patents. So it's actually a good thing the application was published, because that means interested parties can now contact the USPTO and let them know why they should reject this particular patent.
The USPTO has not taken any action on the application.
The article summary is incorrect, the USPTO did not "issue" the patent, they published the application for all the world to see. "Provisional rights" mean nothing unless the patent is actually issued at some point in the future.
The picture of the Marine Corps War Memorial is probably there in reference to their location in Washington, D.C. Some business might give a picture of a skyline or other well known building in their city, they chose that memorial.
Secondly, they're lawyers, not software engineers, so the fact that they used Front Page instead of VI to design their website shouldn't be surprising.
Butler County Ohio started sending bills to the INS for housing illegal immigrants in the County Jail (usually picked up for other crimes)
That said, don't expect any action on this anytime soon. Bush can't come down against illegals because a lot of his heavy supporters rely on illegal workers to reap profits off of low wages, but he can't come down in favor of letting them in either, because a good chunk of the rest of his supporters are opposed to having illegals in the country at all and want stricter immigration laws.
This is about control. I guess I didn't notice the corporate copyright lawyer trawling the library taking photographs of the card catalog, which is an index of books in the library's holdings. Of course our library doesn't *have* a card catalog any more; it has an online search utility. Funny that didn't get mentioned in the lawsuit.
Library catalogs (online or in print) offer searching by Title, Author, Subject (Keywords), series, etc. But they rarely perform a full text search on every item in the entire library. For one, I question the value of such a search over traditional methods of searching. As far as books go, categorization is immensely helpful. With my few attempts at using Google print, I didn't come across anything useful. So as far as helping books sell, I doubt it will do much.
It might help a few kids pull random quotes out of books to back up their shoddy research for school, but in the end, I don't see much value in the product in its current form.
Actually you can access much more of the book that you might realize. Run a search, and then click "More results from this book," then select a page and you can view several pages. Try a new search, view more pages. They currently have several pages left out from being viewable, but I would say you can access a substantial amount of the book.
Given a person with enough time and a book worth copying, they could probably reconstruct almost the entire thing. If Google is so confident, they should offer a reward to anyone that can do it. If it can't be done, Google might have a better argument.
I think most people with any kind of scientific background that watch Mythbusters realize that all they are really proving is that the particular way of doing things that they chose does not work. They rarely if ever prove something is impossible, but they have proven many things to be possible. Given the perfect set of conditions, a lot of things that they say are myths could probably actually have occurred.
Experience shows that the use of short, distinctive given names in written as well as spoken communications is quicker and less subject to error than the older more cumbersome latitude-longitude identification methods. These advantages are especially important in exchanging detailed storm information between hundreds of widely scattered stations, coastal bases, and ships at sea.
Also, distinctive names make it easier to remember year to year which storm you are referring to. So while you might find numbers more convenient, chances are most people will find it easier to refer to Hurricane Hugo than whatever number storm it was in 1989.
Slashdot Mirror
Google is probably resisting for a lot of reasons. One of them being, they don't necessarily want everyone to know that 99% of the use of their image search service is for pornography and 90% of their text search service is for pornography. While a lot of people probably suspect such numbers, if they were shown to be true, the company could lose some the highly held public opinion of it. Advertisers pull out of TV networks over less.
Another consideration might be that if people find out their search habits at Google are going to be handed over in a court case, will go somewhere else.
However, please keep in mind that Google is defending against this because they need to do it to protect their money and shareholders, not because they value your freedoms.
Why would a maglev elevator be prohibited from having the standard safety braking systems that cable elevators have? Despite what Hollywood might have you believe, breaking the cable supporting an elevator will not bring you crashing to Earth. Worst case, you might fall a few feet before being safely stopped.
We send white collar criminals to jail because while jail probably isn't much of a deterrent for your average bank robber, rapist or murderer (but might be what *those* type of criminals deserve), serving jail time can be VERY frightening for white collar criminals.
So, if we send a few of them to jail, they'll either have to try harder not to get caught, or not do it. Unlike murder, most white collar crimes are not the type that you commit without any regard to the possible punishment. (In other words, most murderers probably readily accept their possible punishment of life in prison or death and go through with their actions knowing if they're caught it's over. If white collar criminals were not threatened with jail time, then there is very little of a deterrent, since most of them probably can afford to pay any fine we might charge, and if not, losing all your money and everything you own isn't as bad as going to jail if you're smart enough to get another good paying job later.)
Lesson 4. The doctrine of equivalents.
We had a bunch of these at a small ISP I used to work at. The customers would constantly complain over the phone about the annoying "typewriters" in the background. Needless to say, they are very tough keyboards.
it's against the law in the USA to discriminate based on disabilities.
The ADA requires certain accomodations for "public accomodations." Guess what, MMORPGs aren't listed. (But things like doctors offices, zoos, parks, and hospitals are listed.)
You can go here for a quick summary of disability rights laws passed in the US. Most of the laws merely require providing a way to access buildings, or against employment discrimination. While many groups publish documentation on ways to help provide access to your products for those with disabilities, there is no law requiring them to.
Do car manufacturers get sued when they don't ship the car with modifications so you can drive with no legs? Do they have to provide them for free?
The difference between your analogy and this situation is your analogy involves public restrooms.
Does that independent thinking you're talking about also involve independent spelling and grammar?
Everyone knows it's TINSTAAFL not TANSTAAFL. Or is it "Ain't" if you're from New Orleans?
why?
who cares why! forget the blame game!
just deal with it!
It's easier to solve a problem if you know what caused the problem. Otherwise you're just applying bandages.
I don't know about a watchpot boiling, but I have stood in the kitchen and watched a pot of water boil before.
So yes, a watched pot will boil.
Well, it's a good thing my hat is made out of tin foil and not aluminum foil.
You're making several assumptions.
1. Graduating highschool at age 20 is not proper.
2. "first grader at elementary school" in Korea means the same thing it does in the U.S.
For all we knew, there might be 2 grades before "first grade at elementary school," or they might attend school at a later age than we do.
Of course, this website spells out their education system pretty clearly and proves that it is an error in the article.
Elementary School, grades 1-6: Age 6-11
Middle School, grades 7-9: Age 12-14
High School, grades 10-12: Age 15-17
So, if this boy were following the regular schedule for education, he would probably be in 2nd or 3rd grade (depending on when his birthday is and what the cut-off dates are for starting grades in Korea).
# Stamp moistener (with your tongue!!!),
You're misreading the abstract. What it is saying is that it will be in the form of a human tongue, not that it will be a human tongue. It will look like one. For one thing, it's not a method patent, it's a device patent. It's a stamp moistening device that looks like a tongue. Big deal.
Right. But if the patent does issue, and I refused to give him royalties or cease from my "infringing" activities, where do I stand? Wouldn't he be entitled to damages from me in that case, since the claims in the provisional have the date of publication, and those extend to the real patent upon grant?
Yes, but the chances of this patent actually issuing are pretty slim. It would be silly to pay royalties prior to the issuing of the patent, but if you really are worried that the patent will issue and you might be infringing, I'd recommend stopping the infringing practice.
Essentially the date of publication establishes notice, and that is why an inventor whose patent issues is allowed to collect damages for infringement that occurs between notice and issue.
However, an inventor cannot get an injunction against a potential infringer. He can politely ask you to stop or he might have to sue you for royalties when the patent does issue, but he cannot stop you from using the invention until after the patent has actually issued.
But I don't see how this changes anything. The patent, when granted, gets "the benefit of the earlier filing date," as you said. Exactly. So if I get a cease-and-desist from Mr. Knight tomorrow (Nov 4 2005) because I wrote a screenplay about a guy who falls asleep for X years but lives a separate life during that time as a zombie, and I ignore it and publish/produce the movie anyway, and then Mr. Knight gets his full patent granted within 12 months (Nov 3 2006), but with the filing date as Nov 3 2005, where do I stand? I stand as infringing from the moment he sent me the cease-and-desist, do I not?
Except that entire publishing industry will be against this guy and will be more than willing to pit their huge pocketbooks against some lawyers game of "let's see what ridiculous patent I can get granted."
I doubt anyone, including the "inventor" expects this patent to survive very long once an examiner gets ahold of it.
with the full force of the law behind him.
This is a misunderstanding of the provisional rights; what it allows him to do is to obtain reasonable royalties from people using his invention between the time of publication and the time of issue of patent.
If no patent issues, he gets nothing.
Okay, so they haven't actually granted the patent yet; it's only an application at this stage.
However, the fact that the USPTO accepted the application at all merely reinforces my assertion: The USPTO is now officially broken.
The application has been sitting around for 18 months, at which time the USPTO is required to publish the application. This is done to prevent "submarine" patents. So it's actually a good thing the application was published, because that means interested parties can now contact the USPTO and let them know why they should reject this particular patent.
The USPTO has not taken any action on the application.
The article summary is incorrect, the USPTO did not "issue" the patent, they published the application for all the world to see. "Provisional rights" mean nothing unless the patent is actually issued at some point in the future.
The picture of the Marine Corps War Memorial is probably there in reference to their location in Washington, D.C. Some business might give a picture of a skyline or other well known building in their city, they chose that memorial.
Secondly, they're lawyers, not software engineers, so the fact that they used Front Page instead of VI to design their website shouldn't be surprising.
Butler County Ohio started sending bills to the INS for housing illegal immigrants in the County Jail (usually picked up for other crimes)
That said, don't expect any action on this anytime soon. Bush can't come down against illegals because a lot of his heavy supporters rely on illegal workers to reap profits off of low wages, but he can't come down in favor of letting them in either, because a good chunk of the rest of his supporters are opposed to having illegals in the country at all and want stricter immigration laws.
It's an interesting situation.
This is about control. I guess I didn't notice the corporate copyright lawyer trawling the library taking photographs of the card catalog, which is an index of books in the library's holdings. Of course our library doesn't *have* a card catalog any more; it has an online search utility. Funny that didn't get mentioned in the lawsuit.
Library catalogs (online or in print) offer searching by Title, Author, Subject (Keywords), series, etc. But they rarely perform a full text search on every item in the entire library. For one, I question the value of such a search over traditional methods of searching. As far as books go, categorization is immensely helpful. With my few attempts at using Google print, I didn't come across anything useful. So as far as helping books sell, I doubt it will do much.
It might help a few kids pull random quotes out of books to back up their shoddy research for school, but in the end, I don't see much value in the product in its current form.
Actually you can access much more of the book that you might realize. Run a search, and then click "More results from this book," then select a page and you can view several pages. Try a new search, view more pages. They currently have several pages left out from being viewable, but I would say you can access a substantial amount of the book.
Given a person with enough time and a book worth copying, they could probably reconstruct almost the entire thing. If Google is so confident, they should offer a reward to anyone that can do it. If it can't be done, Google might have a better argument.
http://www.copyright.gov/records/
I think most people with any kind of scientific background that watch Mythbusters realize that all they are really proving is that the particular way of doing things that they chose does not work. They rarely if ever prove something is impossible, but they have proven many things to be possible. Given the perfect set of conditions, a lot of things that they say are myths could probably actually have occurred.
Quick, how many names do you know that start with Q, U, X, Y, or Z ?
From the NHC:
Experience shows that the use of short, distinctive given names in written as well as spoken communications is quicker and less subject to error than the older more cumbersome latitude-longitude identification methods. These advantages are especially important in exchanging detailed storm information between hundreds of widely scattered stations, coastal bases, and ships at sea.
Also, distinctive names make it easier to remember year to year which storm you are referring to. So while you might find numbers more convenient, chances are most people will find it easier to refer to Hurricane Hugo than whatever number storm it was in 1989.