She was following the preceding gentleman sharing a pace and they appear of a compatible age. Complaining of an earache and stopping suddenly, her companion's pace too quick for comfort. I'd vote for a perforated eardrum which can be painful when draining while walking in particular before the widespread use of Penicillin, attributed to Alexander Fleming that same year.
Somehow I doubt Sir Arthur Conan Doyle's Sherlock Holmes would have immediately jumped to the notion of extemporaneous behavior, despite Doyle also having been a Science Fiction author.
(d)"Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(1)Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and
(2)Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy
Apple would have to show actual or potential economic value (loss) for any information released, which after disclosure on the 27th by Apple would no longer enjoin trade secret status. Apples losses would be for a period of less than 9 days now. There hasn't been time for competition to take advantage of any 'leaks' for perhaps 6 - 10 months? Certainly not since Apple cornered the market on 10.1 inch LCDs.
18 USC 1832 is a bit more explicit.
(a) Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly--
...
(3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;
The AG would need to show Gawker benefited economically and that Apple was knowingly or intentionally injured by the premature release of the soon to be non trade secret information.
One might imagine that the lawyer authoring the C and D being apprised of economic loss as a result would have been compelled as an officer of the court to contact the justice department under 18 USC 1832? Instead we get a Cease and Desist letter citing the California Civil Code as harassment in an apparent attempt to maintain monopoly control over any premature leaks - imagine the defense seeking discovery on any managed leaks to the media by Apple.
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
How can a invention be describe well enough for a PHOSITA to make and use the invention if it has not been reduced to practice, in particular by an inventor who has not or cannot do so?
Further, 35 USC 114:
The Director may require the applicant to furnish a model of convenient size to exhibit advantageously the several parts of his invention.
When the invention relates to a composition of matter, the Director may require the applicant to furnish specimens or ingredients for the purpose of inspection or experiment.
Should some doubt as to the adequacy of the invention's description in the specification surface during the patent pursuit, the USPTO may require practical proof that an invention is useful. Imagine requiring practical proof of Bill Gates patent applications on hurricane prevention. It might require a reliable method of generating hurricanes first in lieu of disproving a negative.
Things like, oh, say/dev/tty? Or a proc file system:
UNIX 8th Edition
Tom J. Killian implemented the UNIX 8th Edition version of/proc: he presented a paper titled "Processes as Files" at USENIX in June 1984. The design of procfs aimed to replace the ptrace system call used for process tracing.
How can someone claim 'irreparable damages' if they went out an 'bought' a patent and started trolling with it, after it sat fallow for a thirteen years? If you have or control a patent the amount of damages you could claim could be limited to a simple multiple of your income from use of the patent within a certain interval from its grant. If you didn't earn anything from it, it wasn't worth anything was it? How about a mechanism to revoke patents that don't show use by the inventors within a certain interval? The Constitution says in Article I, Section 8:
"To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
If it didn't get used it doesn't promote science or useful arts. Income from patents could be reported to the IRS and might be taxable or partially exempted might even be taxable on a separate schedule, after all its a grant of a monopoly, isn't it? You could shorten the grant period of a patent, and make it eligible for a single renewal based on an income test. The 1790 Patent Act set an interval "Not exceeding 14 years". The 1836 Patent Act allowed a 7 year renewal after a finding that a patent met the promote/progress criteria. I can understand how much effort it would require to renew. You'd get three tiers of patent holders: Those that realize income upon or before grant, those who also realize enough income to pay for the renewal process, and those that never realize income. Could you simply use extremely high renewal fees as a test?
Patent trolling is an attempt to monetize ideas, which are not recognized as 'intellectual property' under U.S. law. All other protections required a tangible expression or realizable invention. Ideas are not property. Even in trade secrets it's keeping a secret that has the value (indemnity), not the idea.
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
Main Entry: regulate- Function: transitive verb 1 a : to govern or direct according to rule b (1) : to bring under the control of law or constituted authority (2) : to make regulations for or concerning 2 : to bring order, method, or uniformity to 3 : to fix or adjust the time, amount, degree, or rate of
Also:
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
In other words, they'd at least need federal enabling legislation before allowing tax on interstate commerce. .
You'd think the privilege and immunities clause would mean you couldn't require merchants and businesses in your state to collect taxes for another state, or another state requiring you collective taxes for them.
Then theres:
No tax or duty shall be laid on articles exported from any state.
Main Entry: duty Function: noun 1 : conduct due to parents and superiors : RESPECT 2 a : obligatory tasks, conduct, service, or functions that arise from one's position (as in life or in a group) b (1) : assigned service or business (2) : active military service (3) : a period of being on duty 3 a : a moral or legal obligation b : the force of moral obligation 4 : TAX; especially : a tax on imports 5 a : WORK 1a b (1) : the service required (as of an electric machine) under specified conditions (2) : functional application : USE (3) : use as a substitute
In other words it should not be possible to be obligated to collect taxes on goods exported from any state. (pesky things, Constitutions)
The need to securely identify people moving across national and international borders has never been more important than it is today,' said Jim Ganthier, worldwide leader, Defense, Intelligence and Public Safety, HP.
The wording of this is peculiar enough to check what it means.
national Pronunciation Key (nsh-nl, nshnl)
Of, relating to, or belonging to a nation as an organized whole: a national anthem.
international Pronunciation Key (ntr-nsh-nl, -nshnl)
Extending across or transcending national boundaries: international fame.
Do they want these IDs to be internal passports in addition to being used for national border crosssing?
Didn't Microsoft buy VMware? I seem to recall a nice glossy color articlein the only extract of an issue of NSAs Tech Trend Notes found on the web, where the NSA had been using VMware to do some trusted computing on top of Linux.
Maybe MS bought VMware to slow down competition in Trusted Computing? Then again the NSA paper shows VMware running on top of Linux as a way to secure Windows...
The U.S. has put there interests in space before anyone elses for reasons of National Security in a policy referred to as 'negation', the idea being to deny use of space assets (U.S. or otherwise) against U.S. national interests.
Europe putting up their own navigation system raises the cost of doing so, and may require compliance for international flights etc. going to Europe. A case of forcing the U.S. wasting money on Star Wars dipshit stuff, or not extending the imperium to low earth orbit. None of this is about right or wrong, after all the EU is talking about their own ECHELON, all the makings of a cold war though with both sides spending a lot of money for posturing...
I seem to recall some one actually did an implementation using the 2nd level cache space
on a 21164 as a network processor. It could address 16 MBytes of cache, the bus would run
at 66-83 MHz, and was 128 bits wide. The major
drawback was the power on the CPU prohibited
1U card slots.
SDRAM slots are relatively sparse. They don't
DMA to another location in main memory either.
You nean it is going to be against the law
to skip over commercials on your home video
recorder??
Sounds like these guys need a third party
plugin.
How come they aren't suing VCR manufacturers
over video recorders ability to make and
distribute illegal copies of television
programs?
(Wait, didn't they lose that one? Something
about time shifting and fair use rights. So,
I play back commercials at the rate 1 frame
per 300. How does it feel to be edited for
content and compressed for TV viewing?)
I read a short story by Spider Robinson last
night that I found enlightening. The title of
the story is "Melancholy Elephants". While
the story uses music as an example, You can't
help but wonder if software suffers from the
same problem - that the domain for useful
things is relatively small, translating
absolute copyright from encouraging the arts
and sciences to stifling innovation. Note, that
in 1981 the author thought that copyright
might be for only 50 years not the present
life of the author plus 75 years, (And does
that encourage Walt to do more Mickey Mouse
cartoons wherever he is now?).
It can be found in his collection of short
stories entitled "By Any Other Name".
Everything anyone creates is inherently copyrighted under the Berne Convention.
I can write on the pad of paper of my choice,
but if I want to use a computer, it has to be approved by the State under criminal penalty?
Slashdot Mirror
Put a moat all the way around the white house and they'd start referring to it as Fantasy Island.
Shouldn't that be 'double plus, double plus un-good'?
She was following the preceding gentleman sharing a pace and they appear of a compatible age. Complaining of an earache and stopping suddenly, her companion's pace too quick for comfort. I'd vote for a perforated eardrum which can be painful when draining while walking in particular before the widespread use of Penicillin, attributed to Alexander Fleming that same year.
Somehow I doubt Sir Arthur Conan Doyle's Sherlock Holmes would have immediately jumped to the notion of extemporaneous behavior, despite Doyle also having been a Science Fiction author.
Apple would have to show actual or potential economic value (loss) for any information released, which after disclosure on the 27th by Apple would no longer enjoin trade secret status. Apples losses would be for a period of less than 9 days now. There hasn't been time for competition to take advantage of any 'leaks' for perhaps 6 - 10 months? Certainly not since Apple cornered the market on 10.1 inch LCDs.
18 USC 1832 is a bit more explicit.
The AG would need to show Gawker benefited economically and that Apple was knowingly or intentionally injured by the premature release of the soon to be non trade secret information.
One might imagine that the lawyer authoring the C and D being apprised of economic loss as a result would have been compelled as an officer of the court to contact the justice department under 18 USC 1832? Instead we get a Cease and Desist letter citing the California Civil Code as harassment in an apparent attempt to maintain monopoly control over any premature leaks - imagine the defense seeking discovery on any managed leaks to the media by Apple.
The first paragraph of 35 USC 112:
How can a invention be describe well enough for a PHOSITA to make and use the invention if it has not been reduced to practice, in particular by an inventor who has not or cannot do so?
Further, 35 USC 114:
Should some doubt as to the adequacy of the invention's description in the specification surface during the patent pursuit, the USPTO may require practical proof that an invention is useful. Imagine requiring practical proof of Bill Gates patent applications on hurricane prevention. It might require a reliable method of generating hurricanes first in lieu of disproving a negative.
Not to mention the people in those 27 countries party to negotiations for ACTA.
Things like, oh, say /dev/tty? Or a proc file system:
UNIX 8th Edition
Tom J. Killian implemented the UNIX 8th Edition version of /proc: he presented a paper titled "Processes as Files" at USENIX in June 1984. The design of procfs aimed to replace the ptrace system call used for process tracing.
You could tie damages to use.
How can someone claim 'irreparable damages' if they went out an 'bought' a patent and started trolling with it, after it sat fallow for a thirteen years? If you have or control a patent the amount of damages you could claim could be limited to a simple multiple of your income from use of the patent within a certain interval from its grant. If you didn't earn anything from it, it wasn't worth anything was it? How about a mechanism to revoke patents that don't show use by the inventors within a certain interval? The Constitution says in Article I, Section 8:
"To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
If it didn't get used it doesn't promote science or useful arts. Income from patents could be reported to the IRS and might be taxable or partially exempted might even be taxable on a separate schedule, after all its a grant of a monopoly, isn't it? You could shorten the grant period of a patent, and make it eligible for a single renewal based on an income test. The 1790 Patent Act set an interval "Not exceeding 14 years". The 1836 Patent Act allowed a 7 year renewal after a finding that a patent met the promote/progress criteria. I can understand how much effort it would require to renew. You'd get three tiers of patent holders: Those that realize income upon or before grant, those who also realize enough income to pay for the renewal process, and those that never realize income. Could you simply use extremely high renewal fees as a test?
Patent trolling is an attempt to monetize ideas, which are not recognized as 'intellectual property' under U.S. law. All other protections required a tangible expression or realizable invention. Ideas are not property. Even in trade secrets it's keeping a secret that has the value (indemnity), not the idea.
How about making it illegal for kids to be allowed to watch TV?
As in regulate the audience instead of the speech.
The Congress shall have power ...
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
Main Entry: regulate-
Function: transitive verb
1 a : to govern or direct according to rule b (1) : to bring under the control of law or constituted authority (2) : to make regulations for or concerning
2 : to bring order, method, or uniformity to
3 : to fix or adjust the time, amount, degree, or rate of
Also:
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
In other words, they'd at least need federal enabling legislation before allowing tax on interstate commerce. .
You'd think the privilege and immunities clause would mean you couldn't require merchants and businesses in your state to collect taxes for another state, or another state requiring you collective taxes for them.
Then theres:
No tax or duty shall be laid on articles exported from any state.
Main Entry: duty
Function: noun
1 : conduct due to parents and superiors : RESPECT
2 a : obligatory tasks, conduct, service, or functions that arise from one's position (as in life or in a group) b (1) : assigned service or business (2) : active military service (3) : a period of being on duty
3 a : a moral or legal obligation b : the force of moral obligation
4 : TAX; especially : a tax on imports
5 a : WORK 1a b (1) : the service required (as of an electric machine) under specified conditions (2) : functional application : USE (3) : use as a substitute
In other words it should not be possible to be obligated to collect taxes on goods exported from any state. (pesky things, Constitutions)
Oh, great. Thats all we need, a bunch of robots going around angrily smashing mirrors.
The wording of this is peculiar enough to check what it means.
Do they want these IDs to be internal passports in addition to being used for national border crosssing?
Oh, well, so it was Connectix, they bought.
The competition can live on.
Didn't Microsoft buy VMware? I seem to recall a nice glossy color articlein the only extract of an issue of NSAs Tech Trend Notes found on the web, where the NSA had been using VMware to do some trusted computing on top of Linux.
/ www.vmware.com/pdf/TechTrendNotes.pdf
Maybe MS bought VMware to slow down competition in Trusted Computing? Then again the NSA paper shows VMware running on top of Linux as a way to secure Windows...
www.itworld.com/AppDev/1310/ITW0202nsa/
http:/
http://www.eetimes.com/story/OEG20030522S0050
The U.S. has put there interests in space before anyone elses for reasons of National Security in a policy referred to as 'negation', the idea being to deny use of space assets (U.S. or otherwise) against U.S. national interests.
Europe putting up their own navigation system raises the cost of doing so, and may require compliance for international flights etc. going to Europe. A case of forcing the U.S. wasting money on Star Wars dipshit stuff, or not extending the imperium to low earth orbit. None of this is about right or wrong, after all the EU is talking about their own ECHELON, all the makings of a cold war though with both sides spending a lot of money for posturing...
(Isn't Ariane French?)
I seem to recall some one actually did an implementation using the 2nd level cache space
on a 21164 as a network processor. It could address 16 MBytes of cache, the bus would run
at 66-83 MHz, and was 128 bits wide. The major
drawback was the power on the CPU prohibited
1U card slots.
SDRAM slots are relatively sparse. They don't
DMA to another location in main memory either.
You nean it is going to be against the law
to skip over commercials on your home video
recorder??
Sounds like these guys need a third party
plugin.
How come they aren't suing VCR manufacturers
over video recorders ability to make and
distribute illegal copies of television
programs?
(Wait, didn't they lose that one? Something
about time shifting and fair use rights. So,
I play back commercials at the rate 1 frame
per 300. How does it feel to be edited for
content and compressed for TV viewing?)
I read a short story by Spider Robinson last
_ __ 1.htm
night that I found enlightening. The title of
the story is "Melancholy Elephants". While
the story uses music as an example, You can't
help but wonder if software suffers from the
same problem - that the domain for useful
things is relatively small, translating
absolute copyright from encouraging the arts
and sciences to stifling innovation. Note, that
in 1981 the author thought that copyright
might be for only 50 years not the present
life of the author plus 75 years, (And does
that encourage Walt to do more Mickey Mouse
cartoons wherever he is now?).
It can be found in his collection of short
stories entitled "By Any Other Name".
The story can be found on Jim Baen's
web site:
http://www.baen.com/chapters/W200011/0671319744
Everything anyone creates is inherently copyrighted under the Berne Convention.
I can write on the pad of paper of my choice,
but if I want to use a computer, it has to be approved by the State under criminal penalty?