Clearchannel has a process for producing a CD of a concert in time to sell to the people that attended the concert. They are trying to bully others with that patent, but it is unclear (to me, at least) whether or not the others are infringing on their patented process.
Actually, the patent is for a device, not a process.
While largely true (abstracts aren't given weight), in this case, the claims match the abstract fairly closely, except there must be more than one recorder.
1. An event recording system, comprising:
(i) an event-capture module to capture an event signal and transform it into a primary event file that is accessible as it is being formed;
(ii) an editing module communicatively connected to the event capture module, wherein the editing module accesses and parses the primary event file into one or more digital track files that can be recorded onto a recording media; and
(iii) a media recording module communicatively linked to the editing module for receiving the one or more digital track files, the media recording module having a plurality of media recorders for simultaneously recording the one or more digital track files onto a plurality of recording media.
Unless the Dead bootleggers were working with digital files and multiple recorders in 1965, it's not prior art.
Actually, just the opposite - you get a trademark by filing it.
That's a common misconception. You get common law trademark protection through the adoption and use of a name in the manner of a trademark. Filing with the Trademark Office is not necessary, though highly desirable to give notice to the world and presumptive validity.
Just because Microsoft uses a word a lot doesn't make it theirs - they have to legally file it and protect it, and make sure the word is not already in common use.
That is the law as it stands now, and why MS will probably lose. But that doesn't mean the law is correct. The reality is that it is nearly impossible to take a generic word and associate it solely with your product. There is no reason that the law should prevent a company who was able to do so (e.g., Shredded Wheat; Windows) from being able to do so.
The purpose of a trademark is to identify your brand so strongly that consumers know who the manufacturer of a product is. The name Windows is indelibly tied to Microsoft and has one of the strongest associations in the world.
In trademark law, you gain trademark protection through mere usage. It's impossible to say that MS didn't use the name Windows.
How the hell are they dead? While I think that Lindows is obviously trying to capitalize on the word Windows, it is also obvious that MS doesn't NEED to use the name Windows, in order to succeed in the OS marketplace. They could very easily release MS Longhorn 2005 and say it is the successor to Windows.
He didn't agree with the parent at all. A lot of products in the marketplace have a model associated with a manufacturer. (E.g., Motorola T720, Motorola TalkAbout, Intel Pentium, AMD Athlon, Denon 2900, Canon Powershot, Sony Cybershot, etc.) That is the model used by MS.
Imagine that the Ford Car became so successful that, by 1965, when you said Car, everyone knew what you were talking about--the Ford Car without regard to other automobiles. That is what happened with respect to Windows.
Why don't you just read the publication? It was filed on November 5, 2003 and published on May 13, 2004.
Due to recent changes in the patent laws, patent applications are published before they are granted (usually 18 months after being filed, though various circumstance may result in an earlier publication, or no publication at all. But the default is 18 months after initial filing.)
Fixing a flat is ridiculously easy, it's the equivalent of opening up Word using Windows.
Might be true for someone who has done it before. But not generally true. I bought a used bike and it needed new tubes. I spent probably 20 minutes on the first tire. I got to the other tire and severly messed it up. I took it to a bike shop and they replaced it for like $5.
In contrast, opening up Word requires a two clicks of the mouse.
I know about that store. They have 2 locations. From parent's remarks, used stores are popping up like Starbucks. In reality, there are 2 busy Amoebas and 3 sort of busy Streetlights.
WTF? Since when is there a MASSIVE growth in used media stores. In the Phoenix area, there is basically one chain of 5 stores that sells used music. None that opened since 1996. In the Bay Area, there are two separate chains with 5 stores total that sell used music. (There are a few other stores, but they are tiny and I doubt they sell much).
If what you said is true, there would be many used stores all over the place. If there are, I can't find them. Unless you mean Ebay, there isn't a MASSIVE growth of used music stores.
1) The random cars you see are exactly that, just a bit of flotsam to spice up the gameplay with chases and races. Probably not worth wasting effort and CPU tracking every individual one.
Maybe it's just because I'm a sociopath, but sometimes I want to chase a particular car. E.g., a car cuts me off or fights off the carjacking. That guy needs to pay.:-)
2) GTA is still preferable on a joypad, it has too many instantly required moves at fingertips to make keyboard/mouse play fully worthwhile. The time taken to find the correct key outweighs any advantage in having unique keys. I find even on PC games I usually just scroll through weapons using the mouse wheel, as it's quicker.
On the PC version, I used the joypad to drive, the mouse/keyboard to walk and shoot.
The patent number is 6,731,312. The first claim is
1. A computer readable medium comprising media player application code which implements the following procedures:
generating in a user interface an application window having a window frame and a plurality of stiles to define a plurality of panes within said frame;
displaying in a first one of said panes a user selectable index of a plurality of media files;
displaying in a second one of said panes first selected information for said media files; and
displaying in a third one of said panes second selected information for said media files
wherein said second and third panes are each initialized with a selection to view all of said user selectable index of the plurality of media files in said first pane.
Consider this list of the top 10 best selling console games of 2003: 1 PS2 - Madden NFL 2004 (Electronics Arts) 2 GBA - Pokemon Ruby (Nintendo) 3 GBA - Pokemon Sapphire (Nintendo) 4 PS2 - Need for Speed Underground (Electronics Arts) 5 NGC - The Legend of Zelda: The Wind Waker (Nintendo) 6 PS2 - Grand Theft Auto: Vice City (Rockstar) 7 NGC - Mario Kart: Double Dash!! (Nintendo) 8 PS2 - Tony Hawk's Underground (Activision) 9 PS2 - Enter the Matrix (Atari) 10 PS2 - Medal of Honor: Rising Sun (Electronics Arts) Now, I ask you - how many are PS2 exclusives? None!
But Madden and THUG only support on-line play on the PS2. And GTA:VC for the PS2 came out months before it came out for XBox.
Instead, they look at the current price they can get something for, and if they think it's worth it, they'll make an offer.
Anyone with half a brain will realize that the current price for an auction item bears little, if any relation to the final price of an item. If you see a $1500 Leica camera with a current bid of $200, they should know that they aren't going to get it for $250.
it also guarantees I'll pay the maximum amount I'm willing to pay.
No it doesn't. To use the same example, if you willing to pay $100 on an item and your max bid is currently listed as $50, you will have to pay $50. Plus, incremental bidding takes more time than just entering in your max (or using Auction Sniper.)
I'll also grant that sniping is inconvenient. A lot of things I bid on have non-US timezone ending times, and I'm on dialup. A recipe for frustrating late nights indeed!
Automated snipers solve that problem. They will bid for you at the last minute (within 10 seconds of the end of the auction). I use Auction Sniper. All you do is enter in the item number and it will place a last minute bid for you automatically. If you don't win, you don't pay.
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Actually, the patent is for a device, not a process.
The patent isn't on a method of recording. It's on a device that contains the recording device, mixing device, and burning device.
While largely true (abstracts aren't given weight), in this case, the claims match the abstract fairly closely, except there must be more than one recorder.
There's a difference. But not a huge difference. DAT + Pro Tools + 2 burners = the claimed invention.
I meant to link to this overview of trademark law.
That's a common misconception. You get common law trademark protection through the adoption and use of a name in the manner of a trademark. Filing with the Trademark Office is not necessary, though highly desirable to give notice to the world and presumptive validity.
Just because Microsoft uses a word a lot doesn't make it theirs - they have to legally file it and protect it, and make sure the word is not already in common use.
That is the law as it stands now, and why MS will probably lose. But that doesn't mean the law is correct. The reality is that it is nearly impossible to take a generic word and associate it solely with your product. There is no reason that the law should prevent a company who was able to do so (e.g., Shredded Wheat; Windows) from being able to do so.
The purpose of a trademark is to identify your brand so strongly that consumers know who the manufacturer of a product is. The name Windows is indelibly tied to Microsoft and has one of the strongest associations in the world.
In trademark law, you gain trademark protection through mere usage. It's impossible to say that MS didn't use the name Windows.
How the hell are they dead? While I think that Lindows is obviously trying to capitalize on the word Windows, it is also obvious that MS doesn't NEED to use the name Windows, in order to succeed in the OS marketplace. They could very easily release MS Longhorn 2005 and say it is the successor to Windows.
No, they are arguing that Lindows is trying to capitalize on the word Windows, not that MS owns Lindows.
Do you think you can market a beer called Ludweiser? Or a cola named Lepsi?
He didn't agree with the parent at all. A lot of products in the marketplace have a model associated with a manufacturer. (E.g., Motorola T720, Motorola TalkAbout, Intel Pentium, AMD Athlon, Denon 2900, Canon Powershot, Sony Cybershot, etc.) That is the model used by MS.
Imagine that the Ford Car became so successful that, by 1965, when you said Car, everyone knew what you were talking about--the Ford Car without regard to other automobiles. That is what happened with respect to Windows.
Due to recent changes in the patent laws, patent applications are published before they are granted (usually 18 months after being filed, though various circumstance may result in an earlier publication, or no publication at all. But the default is 18 months after initial filing.)
If they've been using it for 4 years, that means that patent is invalid (you have to patent within one year of public use).
It's anticlimactic. 28 pages of text and there is no ending.
Might be true for someone who has done it before. But not generally true. I bought a used bike and it needed new tubes. I spent probably 20 minutes on the first tire. I got to the other tire and severly messed it up. I took it to a bike shop and they replaced it for like $5.
In contrast, opening up Word requires a two clicks of the mouse.
I know about that store. They have 2 locations. From parent's remarks, used stores are popping up like Starbucks. In reality, there are 2 busy Amoebas and 3 sort of busy Streetlights.
If what you said is true, there would be many used stores all over the place. If there are, I can't find them. Unless you mean Ebay, there isn't a MASSIVE growth of used music stores.
Maybe it's just because I'm a sociopath, but sometimes I want to chase a particular car. E.g., a car cuts me off or fights off the carjacking. That guy needs to pay. :-)
2) GTA is still preferable on a joypad, it has too many instantly required moves at fingertips to make keyboard/mouse play fully worthwhile. The time taken to find the correct key outweighs any advantage in having unique keys. I find even on PC games I usually just scroll through weapons using the mouse wheel, as it's quicker.
On the PC version, I used the joypad to drive, the mouse/keyboard to walk and shoot.
But Madden and THUG only support on-line play on the PS2. And GTA:VC for the PS2 came out months before it came out for XBox.
Anyone with half a brain will realize that the current price for an auction item bears little, if any relation to the final price of an item. If you see a $1500 Leica camera with a current bid of $200, they should know that they aren't going to get it for $250.
No it doesn't. To use the same example, if you willing to pay $100 on an item and your max bid is currently listed as $50, you will have to pay $50. Plus, incremental bidding takes more time than just entering in your max (or using Auction Sniper.)
Automated snipers solve that problem. They will bid for you at the last minute (within 10 seconds of the end of the auction). I use Auction Sniper. All you do is enter in the item number and it will place a last minute bid for you automatically. If you don't win, you don't pay.
Here's their policy, as per the receipt: