The whole point in using passwords and passphrases is that the point of entry (the screen or page where you enter it) can't be reproduced millions of times per second. If a human can only press "enter" once per second, it will take a long time for a hacker (NSA or otherwise) to brute force through. If the attacker can get his hands on the password stored in the system (encrypted or not) the game is already lost.
Besides: anyone can think up a poem or a mnemonic for a password using random letters and/or numbers, and you'll be using your own words and not those of someone else out of a dictionary (which makes it more likely for you to remember).
Unbreakable passwords are easy to generate: just use a randomly-generated password as long as the information you're encrypting (the so called "one time pad"). When I'm logging into my bank or other on-line service, I don't want to have to deal with that much data. That's why it lets me have three tries at entering the password every ten minutes.
The problem is in defining what "trolling" is. The court rules already permit a court to award attorneys fees where a claim is brought frivolously: the difficulty is in showing that a claim was brought or prosecuted in bad faith. The court can't read minds, and one can't usually show what the intent was when a patent infringement suit is brought.
... are for entertainment value only. It's like shoving 500 feral cats into a van and watching the action.
Who the hell cares if this scientist took some under-the-table money over a decade ago. Neither side has proven anything, and pointing out a pimple on the other side's stripper doesn't make anyone look creditable.
Dear Slashdot: poisoning your content in this way doesn't motivate me to visit your site.
Addressing your answer to these elements in order:
1- Lower efficiency cells can be used, it just takes more cells to produce the same output.
2- There is nothing stopping an under-developed country from making their own solar cells. They are basically glass with thin films of material deposited thereon.
3- Even if these films require the use of rare earth materials, glass and those materials cannot be patented. Build the plant in the under-developed country, import the materials and make as many cells as you like.
That's three strikes, and my point wins.
And as far as the importation of consumer products: a rice farmer with two cows doesn't care about efficient water-use appliances nor about the generation of electricity. He doesn't import the advanced technology because he doesn't want it or can't afford it, not because there's some patent-holder keeping it from him. (You left out the cost of transporting the cells to his location, which will be perhaps more significant than the manufacturing cost. Transporting panes of glass can be a tricky business...)
Why doesn't the IP/patents of the industrialized world matter to poorer nations? The answer in one word: jurisdiction. A U.S. patent won't stop anyone from practicing or importing an invention in any other country, so long as those activities are done entirely outside of the U.S. (Replace "U.S" with any other country or region and you have the same thing.) The article just touched on the possibility that technology might be stopped in the developing world IF it was not possible to build the potentially-infringing products to be installed elsewhere. But that really isn't much of an impediment: all products are assemblages of their component parts, and those component parts are rarely protected in their totality under patents. Want to build the technology in Nigeria (where there are no patents to it)? Then build the component parts in the industrialized world, ship them there, and let the Nigerian workers turn their wrenches. Unless there is a component part that is (1) essential to a patented product or method, (2) must be exclusively manufactured in the places where it is patented, and (3) has no non-infringing uses, then this theoretical IP won't stop the technology from being built and developed in the third world. It's a big red herring.
The problem isn't one of IP: it's one of a lack of capital and ROI. When large companies see profit in building energy infrastructure in those poorer nations, I assure you that they'll be right there.
It will never work, because the receiving party of a work declared to be in the public domain cannot verify that the declaring party had the right to do so. Such declarations could be made erroneously or falsely: just having a registry of such declarations doesn't remove the possibility that there is a true copyright-holder out there who might want to pursue his rights later. All the receiving party could to is claim not to have engaged in willful infringement, because he relied upon the declaration.
Imagine that I registered the song "Lucy In the Sky With Diamonds" and all its recordings into the public domain. As I am not the Beatles, I have no right to do that, and that registration would be false. Using this kind of registry would only confuse the potential market of licensees and clog up the courts with law suits.
The best argument you could probably make is that the value of the buildings and the ability to collect rents would be enhanced by the L.A. ordinance, and correspondingly the government wouldn't have "taken" anything. But here were talking about a general ordinance, and L.A. would have to show that that enhancement would be experienced by virtually all the owners.
Yes, all buildings must be in compliance "with the sprinkler provisions applicable at the time the alteration permit was issued". So if the permit was issued in 1965, then the 1965 building codes apply until the building is altered (which requires a new permit). That permits continued use of the building as before, and is not a taking.
But here we're talking about disallowing the owners of buildings to lease/rent their space out because of new regulations/codes, which is the only economical use that can be made for those buildings. The state can't just attach an intent/purpose of serving the public good and escape the takings clause. (Mugler is an old case from 1887, where the owner still had a viable economic use of the property (other than a brewery), and correspondingly it doesn't control for the proposed L.A. ordinance.)
The CO detector law requires a $20 battery operated CO detector. (Look under "COSTS".) That is insignificant. What LA wants to do is require supports to be reinforced or replaced which will cost thousands to do.
The Sprinkler system law "requires sprinklers to be installed in accordance with the sprinkler provisions applicable at the time the alteration permit was issued". In other words, property owners who don't alter their properties are exempt.
For these two laws, neither is a "taking" of existing property rights under the Fifth Amendment.
You make the common mistake of thinking that property is the land or building. It's the rights *associated with* the land or building. When the state takes away the owner's ability to use those rights, then the Fifth Amendment requires just compensation. Who gets to use land or improvements thereupon does not matter; the fact that the building doesn't become a public one has zero relevance.
New laws will apply to new buildings or to improvements made to old ones (for permits to issue). There are lots and lots of old structures that remain the same because they haven't been improved. Unless the state wants to compensate the owner, it has no power to force the owner to act. If you look at those new laws in detail, you'll find that they do not impact the present owner's rights to use the property as they were before.
Ludicrous you may find it, but it is legally valid. Property rights, once granted, are not easily taken back. (We disposed of the idea of a Monarch that can do so over 200 years ago.)
These property owners aren't negligent. They're in compliance with the existing building codes. They have property rights, including the right to use their property in ways that were lawful at the time the buildings were constructed. Take away those rights, and the Fifth Amendment says they have to be fairly compensated. The purpose behind that taking is irrelevant.
It doesn't matter who owns the building. It only matters (for application of the Fifth Amendment) that the government pay for what it takes. If the government wants to change the rights of a homeowner to use his property, it gets to do that, so long as it pays for what it took.
Buildings are not condemned all the time because of new building codes. They are condemned because the become unsafe under the existing ones.
I didn't say the City didn't have a stake in this. What I said is that its proposed solution (merely changing the building code) won't work. California politicians are infamous for waving magic wands (new laws) that turn out to be worth less than a straw found in a disposable cup in the gutter.
If the City wants to require a building upgrade AND pay for that upgrade, it can do it. If it wants it for free, then up to the Supreme Court we'll go. (If it makes it that far.)
Hey, I'm not telling you how to fix the problem of unsafe properties. I'm just telling you what won't work (as per the present L.A. government.) Calling a stupid politician stupid doesn't require me to find a better one to replace him...
No, the really sad part is that you don't see that the City isn't enforcing building codes. They're passing new ones, and that is a "taking" of the property owner's rights. The building owners already complied with the law that existed at the time the buildings were built. If the City wants safer buildings, they get to pay for it one way or another.
The government has to give the property owner fair compensation if they use eminent domain. Here's a link at the top of the Google search: http://www.eminentdomainlaw.ne...
The fact that they do it through regulation rather than a transfer of title makes no difference.
Folks: the U.S. government (or any part thereof) can't just march in and force property owners to change their property. Government has to compensate the owners for any taking of a property-owner's rights. If the City of L.A. wants to march in and say "you don't get to use your office building because it isn't earthquake-proof", then the City has to buy the property at fair market value.
Are all politicians in California really this dumb? All they have to do is compile a list of buildings that the City deems to be unsafe, and the owners will be sufficiently encouraged to make the upgrades (or lose their present tenants.) No subsidies, no tax breaks, no cost to the city.
Still unknown is where any released methane gas would end up. It could be consumed by bacteria in the seafloor sediment or in the water, where it could cause seawater in that area to become more acidic and oxygen-deprived. Some methane might also rise to the surface, where it would release into the atmosphere as a greenhouse gas, compounding the effects of climate change.
In other words, they don't know what the hell is going on or what's going to happen. It could be part of a self-correcting, natural process, or it could be the end of the world as we know it. Tune back in at 5:00...
And that's even worse. The owner could merely take the device off to show his "incapacity" allegedly due to an injury, while he goes right on about his business about town. Conversely, if he wanted to show he was active around town, he could hand the thing to his friend or pace around the floor. It's unreliable.
The whole point in using passwords and passphrases is that the point of entry (the screen or page where you enter it) can't be reproduced millions of times per second. If a human can only press "enter" once per second, it will take a long time for a hacker (NSA or otherwise) to brute force through. If the attacker can get his hands on the password stored in the system (encrypted or not) the game is already lost.
Besides: anyone can think up a poem or a mnemonic for a password using random letters and/or numbers, and you'll be using your own words and not those of someone else out of a dictionary (which makes it more likely for you to remember).
Unbreakable passwords are easy to generate: just use a randomly-generated password as long as the information you're encrypting (the so called "one time pad"). When I'm logging into my bank or other on-line service, I don't want to have to deal with that much data. That's why it lets me have three tries at entering the password every ten minutes.
Go sell this idea to the next guy, please...
The problem is in defining what "trolling" is. The court rules already permit a court to award attorneys fees where a claim is brought frivolously: the difficulty is in showing that a claim was brought or prosecuted in bad faith. The court can't read minds, and one can't usually show what the intent was when a patent infringement suit is brought.
... are for entertainment value only. It's like shoving 500 feral cats into a van and watching the action.
Who the hell cares if this scientist took some under-the-table money over a decade ago. Neither side has proven anything, and pointing out a pimple on the other side's stripper doesn't make anyone look creditable.
Dear Slashdot: poisoning your content in this way doesn't motivate me to visit your site.
Addressing your answer to these elements in order:
1- Lower efficiency cells can be used, it just takes more cells to produce the same output.
2- There is nothing stopping an under-developed country from making their own solar cells. They are basically glass with thin films of material deposited thereon.
3- Even if these films require the use of rare earth materials, glass and those materials cannot be patented. Build the plant in the under-developed country, import the materials and make as many cells as you like.
That's three strikes, and my point wins.
And as far as the importation of consumer products: a rice farmer with two cows doesn't care about efficient water-use appliances nor about the generation of electricity. He doesn't import the advanced technology because he doesn't want it or can't afford it, not because there's some patent-holder keeping it from him. (You left out the cost of transporting the cells to his location, which will be perhaps more significant than the manufacturing cost. Transporting panes of glass can be a tricky business...)
Why doesn't the IP/patents of the industrialized world matter to poorer nations? The answer in one word: jurisdiction. A U.S. patent won't stop anyone from practicing or importing an invention in any other country, so long as those activities are done entirely outside of the U.S. (Replace "U.S" with any other country or region and you have the same thing.) The article just touched on the possibility that technology might be stopped in the developing world IF it was not possible to build the potentially-infringing products to be installed elsewhere. But that really isn't much of an impediment: all products are assemblages of their component parts, and those component parts are rarely protected in their totality under patents. Want to build the technology in Nigeria (where there are no patents to it)? Then build the component parts in the industrialized world, ship them there, and let the Nigerian workers turn their wrenches. Unless there is a component part that is (1) essential to a patented product or method, (2) must be exclusively manufactured in the places where it is patented, and (3) has no non-infringing uses, then this theoretical IP won't stop the technology from being built and developed in the third world. It's a big red herring.
The problem isn't one of IP: it's one of a lack of capital and ROI. When large companies see profit in building energy infrastructure in those poorer nations, I assure you that they'll be right there.
It's called Napalm!
It will never work, because the receiving party of a work declared to be in the public domain cannot verify that the declaring party had the right to do so. Such declarations could be made erroneously or falsely: just having a registry of such declarations doesn't remove the possibility that there is a true copyright-holder out there who might want to pursue his rights later. All the receiving party could to is claim not to have engaged in willful infringement, because he relied upon the declaration.
Imagine that I registered the song "Lucy In the Sky With Diamonds" and all its recordings into the public domain. As I am not the Beatles, I have no right to do that, and that registration would be false. Using this kind of registry would only confuse the potential market of licensees and clog up the courts with law suits.
The best argument you could probably make is that the value of the buildings and the ability to collect rents would be enhanced by the L.A. ordinance, and correspondingly the government wouldn't have "taken" anything. But here were talking about a general ordinance, and L.A. would have to show that that enhancement would be experienced by virtually all the owners.
Yes, all buildings must be in compliance "with the sprinkler provisions applicable at the time the alteration permit was issued". So if the permit was issued in 1965, then the 1965 building codes apply until the building is altered (which requires a new permit). That permits continued use of the building as before, and is not a taking.
But here we're talking about disallowing the owners of buildings to lease/rent their space out because of new regulations/codes, which is the only economical use that can be made for those buildings. The state can't just attach an intent/purpose of serving the public good and escape the takings clause. (Mugler is an old case from 1887, where the owner still had a viable economic use of the property (other than a brewery), and correspondingly it doesn't control for the proposed L.A. ordinance.)
The CO detector law requires a $20 battery operated CO detector. (Look under "COSTS".) That is insignificant. What LA wants to do is require supports to be reinforced or replaced which will cost thousands to do.
The Sprinkler system law "requires sprinklers to be installed in accordance with the sprinkler provisions applicable at the time the alteration permit was issued". In other words, property owners who don't alter their properties are exempt.
For these two laws, neither is a "taking" of existing property rights under the Fifth Amendment.
Um, you didn't cite any cases. I think it is you that is believing your own BS...
You make the common mistake of thinking that property is the land or building. It's the rights *associated with* the land or building. When the state takes away the owner's ability to use those rights, then the Fifth Amendment requires just compensation. Who gets to use land or improvements thereupon does not matter; the fact that the building doesn't become a public one has zero relevance.
New laws will apply to new buildings or to improvements made to old ones (for permits to issue). There are lots and lots of old structures that remain the same because they haven't been improved. Unless the state wants to compensate the owner, it has no power to force the owner to act. If you look at those new laws in detail, you'll find that they do not impact the present owner's rights to use the property as they were before.
They don't. If a property owner is not maintaining a safe building, then all the hypothetical injured parties have a claim in court.
Ludicrous you may find it, but it is legally valid. Property rights, once granted, are not easily taken back. (We disposed of the idea of a Monarch that can do so over 200 years ago.)
These property owners aren't negligent. They're in compliance with the existing building codes. They have property rights, including the right to use their property in ways that were lawful at the time the buildings were constructed. Take away those rights, and the Fifth Amendment says they have to be fairly compensated. The purpose behind that taking is irrelevant.
It doesn't matter who owns the building. It only matters (for application of the Fifth Amendment) that the government pay for what it takes. If the government wants to change the rights of a homeowner to use his property, it gets to do that, so long as it pays for what it took.
Buildings are not condemned all the time because of new building codes. They are condemned because the become unsafe under the existing ones.
I didn't say the City didn't have a stake in this. What I said is that its proposed solution (merely changing the building code) won't work. California politicians are infamous for waving magic wands (new laws) that turn out to be worth less than a straw found in a disposable cup in the gutter.
If the City wants to require a building upgrade AND pay for that upgrade, it can do it. If it wants it for free, then up to the Supreme Court we'll go. (If it makes it that far.)
Hey, I'm not telling you how to fix the problem of unsafe properties. I'm just telling you what won't work (as per the present L.A. government.) Calling a stupid politician stupid doesn't require me to find a better one to replace him...
No, the really sad part is that you don't see that the City isn't enforcing building codes. They're passing new ones, and that is a "taking" of the property owner's rights. The building owners already complied with the law that existed at the time the buildings were built. If the City wants safer buildings, they get to pay for it one way or another.
The government has to give the property owner fair compensation if they use eminent domain. Here's a link at the top of the Google search: http://www.eminentdomainlaw.ne...
The fact that they do it through regulation rather than a transfer of title makes no difference.
Folks: the U.S. government (or any part thereof) can't just march in and force property owners to change their property. Government has to compensate the owners for any taking of a property-owner's rights. If the City of L.A. wants to march in and say "you don't get to use your office building because it isn't earthquake-proof", then the City has to buy the property at fair market value.
Are all politicians in California really this dumb? All they have to do is compile a list of buildings that the City deems to be unsafe, and the owners will be sufficiently encouraged to make the upgrades (or lose their present tenants.) No subsidies, no tax breaks, no cost to the city.
FTA:
Still unknown is where any released methane gas would end up. It could be consumed by bacteria in the seafloor sediment or in the water, where it could cause seawater in that area to become more acidic and oxygen-deprived. Some methane might also rise to the surface, where it would release into the atmosphere as a greenhouse gas, compounding the effects of climate change.
In other words, they don't know what the hell is going on or what's going to happen. It could be part of a self-correcting, natural process, or it could be the end of the world as we know it. Tune back in at 5:00...
And that's even worse. The owner could merely take the device off to show his "incapacity" allegedly due to an injury, while he goes right on about his business about town. Conversely, if he wanted to show he was active around town, he could hand the thing to his friend or pace around the floor. It's unreliable.
My point is that the reliability of the evidence will be so low and susceptible to attack, that no competent trial attorney will bother with it.