These theoretical damages were clearly based on pre-release speculation. However, most charges are also based on theoretical damages long before any evidence of actual damage. The video game went on to do better than its prequel which suggests damages were minimal. Why can prosecutions in America occur faster than the actual production of evidence (sales numbers)? It is like a prosecution finalizing its arguments before the DNA can be sequenced so it can be excluded.
While I agree with everything you stated in regards to faculty level conflicts, I think the (UG and MS) student factors are understated because they are less likely to sue. Below is an excerpt from a manual on IP issues in technology transfer practice written by the Association of University Technology Managers:
While the main purpose of a university’s interaction with students is in the delivery of education, there are times when these students develop intellectual property. These inventions can occur, for example, when students are working on entrepreneurship projects, when they are working in the lab as part of a research experience, or during industry-sponsored Capstone projects. In some cases these inventions have real value, and there are many examples of student activity—including that of undergraduates— resulting in the formation of viable businesses. Unlike faculty and graduate researchers whose contractual relationship with an institution tends be quite formalized, under- graduates and masters students are not generally regarded as being employed by their university in the traditional sense. Accordingly, student-generated IP lies outside of the clear-cut employment context and raises a unique set of issues concerning ownership and other IP-related rights.
Depending on the policy of the university, newly generated student IP may be construed as belonging to either the institution or the student. In general, IP laws in each country— particularly those whose legal systems are rooted in English Common Law—grant default IP ownership rights to the inventor or author unless he or she knowingly agreed otherwise. For there to be a legally binding contract, there must also be consideration. That is, the university must give something in exchange for the student’s rights to his or her invention. Thus university IP policy, when it comes to students, needs to be carefully thought out, clearly worded, widely disseminated, and fair.
Academic plagiarism is a huge issue and very common. I have even seen different academic departments (e.g. math vs physics) fight each other over these issues. When undergrad students and graduate students do work for a professor and are not named in the paper or the work is given to another student for use and publication, students have no recourse. It is important to understand that many grad students have no grant or employment contract which cedes IP rights to the university/professor. University in-house counsel and IP departments have no oversight of publication or assignment of credit. I would only perform work for a professor (for free without an employment contract) if I could demand a contract outlining ownership.
It looks like a blackberry, has a real keyboard, and can stay charged for 3-4 days while in use for texting. It has GPS, bluetooth, and web. but really not.
I have this phone as a dumb phone...no data plan. It's pretty good.
The problem that makes "rockstar" devs unmanageable is lack of hierarchical development groups. There is the project manager who is hands off coding and the coders. Somewhere in between there should be a system architect. That is the role for the genius "rockstar" dev. If you put the rockstar on the same level as everyone else of course everyone will hate him (either because he will be correcting their small errors or finishing his work weeks ahead of timeline).
Let the rockstar solve the algorithmic problems, the efficiency logjams, etc and everyone else code. Everyone will be happier. Sadly management of coding projects is never very well thought out.
Slashdot Mirror
Call in the FBI! This is a clear violation of the Computer Fraud and Abuse Act.
These theoretical damages were clearly based on pre-release speculation. However, most charges are also based on theoretical damages long before any evidence of actual damage. The video game went on to do better than its prequel which suggests damages were minimal. Why can prosecutions in America occur faster than the actual production of evidence (sales numbers)? It is like a prosecution finalizing its arguments before the DNA can be sequenced so it can be excluded.
While I agree with everything you stated in regards to faculty level conflicts, I think the (UG and MS) student factors are understated because they are less likely to sue. Below is an excerpt from a manual on IP issues in technology transfer practice written by the Association of University Technology Managers:
While the main purpose of a university’s interaction with students is in the delivery of
education, there are times when these students develop intellectual property. These
inventions can occur, for example, when students are working on entrepreneurship
projects, when they are working in the lab as part of a research experience, or during
industry-sponsored Capstone projects. In some cases these inventions have real value,
and there are many examples of student activity—including that of undergraduates—
resulting in the formation of viable businesses. Unlike faculty and graduate researchers
whose contractual relationship with an institution tends be quite formalized, under-
graduates and masters students are not generally regarded as being employed by
their university in the traditional sense. Accordingly, student-generated IP lies outside of
the clear-cut employment context and raises a unique set of issues concerning ownership
and other IP-related rights.
Depending on the policy of the university, newly generated student IP may be construed
as belonging to either the institution or the student. In general, IP laws in each country—
particularly those whose legal systems are rooted in English Common Law—grant
default IP ownership rights to the inventor or author unless he or she knowingly agreed
otherwise. For there to be a legally binding contract, there must also be consideration.
That is, the university must give something in exchange for the student’s rights to his or
her invention. Thus university IP policy, when it comes to students, needs to be carefully
thought out, clearly worded, widely disseminated, and fair.
https://www.autm.net/AUTMMain/...
Academic plagiarism is a huge issue and very common. I have even seen different academic departments (e.g. math vs physics) fight each other over these issues. When undergrad students and graduate students do work for a professor and are not named in the paper or the work is given to another student for use and publication, students have no recourse. It is important to understand that many grad students have no grant or employment contract which cedes IP rights to the university/professor. University in-house counsel and IP departments have no oversight of publication or assignment of credit. I would only perform work for a professor (for free without an employment contract) if I could demand a contract outlining ownership.
It looks like a blackberry, has a real keyboard, and can stay charged for 3-4 days while in use for texting. It has GPS, bluetooth, and web. but really not. I have this phone as a dumb phone...no data plan. It's pretty good.
The problem that makes "rockstar" devs unmanageable is lack of hierarchical development groups. There is the project manager who is hands off coding and the coders. Somewhere in between there should be a system architect. That is the role for the genius "rockstar" dev. If you put the rockstar on the same level as everyone else of course everyone will hate him (either because he will be correcting their small errors or finishing his work weeks ahead of timeline).
Let the rockstar solve the algorithmic problems, the efficiency logjams, etc and everyone else code. Everyone will be happier. Sadly management of coding projects is never very well thought out.