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User: DustyShadow

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  1. This case is nonprecedential on The Post-Bilski Era Gets Underway · · Score: 1
    This case is nonprecedential so that could be why the opinion is so short. It would have been nice for the court to elaborate on why the patent fails the Bilski test.

    Here's the claim:

    1. A method of determining whether an immunization schedule affects the incidence or severity of a chronic immune-mediated disorder in a treatment group of mammals, relative to a control group of mammals, which comprises:
    immunizing mammals in the treatment group of mammals with one or more doses of one or more immunogens, according to said immunization schedule, and
    comparing the incidence, prevalence, frequency or severity of said chronic immune-mediated disorder or the level of a marker of such a disorder, in the treatment group, with that in the control group.

    As discussed here, it's difficult to see why immunization of animals is not transformative.

  2. Re:Number One! on Majel Roddenberry Dies At 76 · · Score: 1

    Number One! Go take a number two!

  3. Re:Why doesn't somebody countersue them on RIAA Sues 19-Year-Old Transplant Patient · · Score: 1

    Nope. Doesn't help. Privileged in the legal sense means confidential. You obviously are not aware of that fact.

  4. Re:Why doesn't somebody countersue them on RIAA Sues 19-Year-Old Transplant Patient · · Score: 1

    I'm confused. When you say privileged, do you mean that they are not public? Because all court papers are public by default.

  5. Re:Can one be tested... on Cold Sore Virus May Be Alzheimer's Smoking Gun · · Score: 1

    Very unlikely it was a cold sore if it was on your nose. Probably just a bad pimple. There are blood tests available but some give a lot of false positives. Go to an STD clinic if you want to be tested and ask for the IGG test. It is the better one.

  6. Re:Defense for what? on Amazon Fights Piracy Tool, Creators Call It a Parody · · Score: 1

    Amazon would probably claim some type of derivate work infringement of its website. Not sure it would fly in court though. But winning isn't usually the goal in this type of situation. Getting it to just go away is the main goal.

  7. Just what we need on Warner Music Pushing Music Tax For Universities · · Score: 1

    This will go great with the current economic disaster and out of control college tuition rates. Good thing the current Congress isn't influenced by the music industry. Oh wait...

  8. Re:Who would want to support this? on Apple Believes Someone Is Behind Psystar · · Score: 1

    Do you really believe EVERY expenditure by a public company is disclosed to the SEC??

  9. Re:Coming here is already a wrong move on Losing My Software Rights? · · Score: 1

    Obviously he is not working for them yet.

  10. Re:Coming here is already a wrong move on Losing My Software Rights? · · Score: 1

    Haha...when you get sued do you ask the attorney who sued you what you should do? Good luck.

  11. Re:Guess what... on Losing My Software Rights? · · Score: 4, Insightful

    Not many "research students" have enough money to pay an attorney $250-350/hour to look over their employment contracts.

  12. Re:They can have all of ours down here in the Sout on Acorns Disappear Across the Country · · Score: 1

    I hunt in south Georgia and this year's acorn "crop" on our land has been a lot more plentiful than recent years.

  13. Re:the short answer on Rewriting a Software Product After Quitting a Job? · · Score: 1

    You are correct about the mutual understanding requirement but not reading a contract before you sign it is never a valid defense. I'm pretty sure the burden will be on the employer to prove they didn't notice the change before they signed...not on you to prove that they did read it. After all, they are the drafter and contracts are always construed against the drafter.

  14. Re:"Microsoft doesn't make machines." on Groklaw Says Microsoft Patent Portfolio Now Worthless · · Score: 0

    I find it funny that you start out by saying you don't know what you're talking about and then you are modded informative.

  15. Re:Where's the smoke? on IRS Looking at Google/Mozilla Relationship · · Score: 1

    I didn't think the obvious needed to be stated. I think each of these points would be obvious in this case.

    Your original statement was generic and not limited to Google. Not all expenses reduce a corporation's tax liability. Look up IRC 162(a) (expenses must be "ordinary and necessary") and the Supreme Court case Welch v. Helvering. There are many more cases on this issue.

  16. Re:Where's the smoke? on IRS Looking at Google/Mozilla Relationship · · Score: 1

    Uh...you are assuming that the money spent will qualify as a normal business expense. Not all money spent by a corporation is deductible.

  17. Re:Soooo on IRS Looking at Google/Mozilla Relationship · · Score: 1

    They give away the browser and spend all of their revenue on development. So, how much taxable profit did the Mozilla foundation make anyway? The IRS has nothing to gain from this. I smell a rat closeby!

    Profit (income is the better term) is not limited to money earned off of selling products. You can argue that the money from Google was a gift (gifts are not taxable to the recipient but are to the donor, with a small exclusion) but since Google is most likely earning indirect benefits from giving the money to Mozilla, it shouldn't qualify as a gift. It looks more like payment for a service.

  18. Re:Where's the smoke? on IRS Looking at Google/Mozilla Relationship · · Score: 1

    Since Google is a profitable entity isn't this tax neutral to google?

    If Mozilla loses its tax exemption then Google would have to contribute a lot more to give the same amount of money.

  19. Re:And THIS is why on Astronaut Loses Tools While Performing an EVA · · Score: 1

    Construction workers make a lot more than you might think. For example, a friend of mine got paid $20/hr during college in Chicago to set up cones on the highway at night.

  20. Re:Spineless? on Nielsen Sends Wikipedia DMCA Takedown For Station Descriptions · · Score: 4, Informative

    Actually you don't have to take it down but you risk being sued as a result. So the above poster who said there is a difference between a takedown notice and a legal threat really doesn't know what she is talking about.

  21. Re:Facts on Nielsen Sends Wikipedia DMCA Takedown For Station Descriptions · · Score: 4, Insightful

    You have to own a copyright for it to be a valid DMCA takedown notice. So no, we are not clear.

  22. Facts on Nielsen Sends Wikipedia DMCA Takedown For Station Descriptions · · Score: 5, Insightful

    are not copyrightable. There is no "question" here.

  23. Re:Don't Sue Your Market on Activision Goes After Individual Game Pirates · · Score: 2, Insightful

    The thing is though that people who pirate and purchase pirated games aren't in their market to begin with.

  24. Re:Good on Activision Goes After Individual Game Pirates · · Score: 1

    If you don't like, write your representatives and vote them out if they don't do anything about it.

  25. Re:Good on Activision Goes After Individual Game Pirates · · Score: 1

    That's because statutory damages for copyright are higher than what punitive damages would be. Actually, I think for copyright, the statutory damage takes the place of punitive damages.