There is no law that says a company must sue immediately upon learning of a trademark infringement. In fact, it almost never makes sense to do so. Let's look at two examples:
1. If the infringing company is smaller, then it makes sense to wait until they get big enough to make the infringement worth suing over.
2. In the case of a larger company infringing IP, then it makes sense to wait until they are in a tight situation to make the case more likely to go in the claimant's favor.
Lawsuits seem to favor the contender with more money, planning a suit strategically makes sense and is perfectly legal.
Also, note the term "infringe" and its etymology. Abusing someone's IP is not always cut and dry, and certainly it's not here. IANAL, but it seems TigerDirect's motives would not affect the legality or accuracy of their claims or purpose for suing.
Actually, they deliver functionality. Read the recent statements by the ex-microsoft engineer who defected (I think to Amazon, I forget the details, but you all know who I mean). He put's it succinctly. Web services like google and amazon are the new method of software distribution. It's faster, cleaner, more effective.
HTML is part of the delivery mechanism. That's sort of like saying that Microsoft delivers silicon wafers.
"Can consumers trust large companies anymore?"
This is exactly the type of non-sensical question that frightens would be ascenders of the technology curve. First of all it begs the question, "large companies" versus who? Small companies? Do you think small companies are any more capable of defending themselves against attacks? Or even doing the type of advanced testing that can be done by large company with large company resources?
If not, are you then suggesting no one should do business at all? Obviously that is out the window. So what's the point here?
Large companies, online, are leading the way towards advanced web applications that are changing the way we live our lives and conduct business. And as the MS defector implied in his blog, web applications are living software. Changing in (almost) real-time to meet the needs of the market and security/functionality needs.
You are wrong about the features. In any software, even the most intuitive, not understanding how it works will lead to problems. As an example, "snapping" is disabled by holding down the alt key. And it is true that the tables, if not used properly, can caused things to shuffle around -- but that is because it is automatically adjusting margins for you. Keep in mind that Word is not a layout tool such as Adobe PageMaker or an HTML editor such as MS FrontPage.
Further, while the common user doesn't actively think about usability they will simply give up earlier on difficult software. The act being more powerful than the thought (we might have as a geeks).
It is great to see people working on such complex software as office suites, the most used of all applications. While I haven't tried the AbiWord product, I have tried MANY others from open source to freeware to commercial products.
While some are able to copy a subset of features of the Microsoft's Word product, none have come close to it, let alone achieving any groundbreaking functionality. This highlights the problem with open source movements. Microsoft has spent millions of dollars figuring out how to make a product that is easy for lots of people to use, partially due to consistency in it's design, usage, and general business logic. Open source struggles to match a directed approach to design and paid research.
While it bothers me that Microsoft has achieved it's substantial leadership through clearly monopolistic tactics, I give them credit for developing some phenomanlly usable products like MS Word and Excel (Excel has to be the most powerful office appliaction in existence).
To continue my thought... and upon saying what I have, note that there is PLENTY of room for improvement. I don't see any need to switch away from the globablly dominant office products just to save a bit of cash (that's pennywise). What would make the switch worth considering is a vast improvement in usability, stability, efficiency, security, etc. Where are those advances?
I've left some obvious holes here, but they are easily answered. For example, I realize many of the projects are just getting going and they need a base of code. However, it is really not newsworthy until there is something remarkable.
You're doing the same thing that the previous fellow was... thinking solely in today's technology. I imagine that within a short time either lenses will drastically reduce in size (and weight in many cases) but also be available via digital manipulation rather than optical.
Also, many multi-tasking devices already allow you to disable singular functions. My SE P800 allows me to disable the radio device (for cell and bluetooth) for "safe" airplane use.
"...a 7 Megapixel Camera Phone which to me seems like overkill..."
You should hang up your/. hat right now. There is no such thing as overkill when it comes to hardware or power. Has Tim Allen taught you nothing!?
"Camera phones will never take over DSLRs or serious digital cameras..."
Again, you clearly have not learned from the past. Need I point you to a list of classic historic quotes where people said silly things like this and were made to look foolish by gigs of RAM in desktop machines or even "desktop" machines themselves!? Why would anyone carry around a DSLR or SLR when they can have a single device which serves as a communicator, a information holder, and a full-service camera?
I've found that the new version uses substantially more memory. My copy quickly hits 50mb and has grown to well over 100mb several times (that i've noticed) since I installed it.
"It brings up some interesting privacy issues, because according to the article 'The last time you bought a six-pack of Bud Light at the Piggly Wiggly, Anheuser servers most likely recorded what you paid, when that beer was brewed, whether you purchased it warm or chilled, and whether you could have gotten a better deal down the street.' Frankly, I don't want Budweiser knowing when I choose to buy their beer versus another brands."
I don't see what this has to do with personal privacy. Bud does not track what YOU buy, they track what is bought. It seems to me there is no method of linking you to your purchasing habits in their system.
Further it is quote common and incredibly useful for large suppliers to track their goods all the way through to sale in order to keep shelves stocked (proactive sales algorithms) and to alter product lines appropriately.
Don't worry bud, Bud doesn't know what and when YOU buy their beer.
I try not to be a jerk, but your argument of 'your job shouldn't be your life' is one of the stupidest things I've seen on/.
Neither work nor vacation are defined by how much fun they are. If you get time off work and go to Hawaii does the enjoyability of the trip define it as a vacation? Not in English.
Truly what you are defining is yourself as a masochist. Don't be offended, consider my comment as therapy. If you define the good times in your life by ensuring that the remainder of your life is not a good time, then that is, to some extent, a masochistic tendency.
However, let me couch all this by saying that I personally think the idea of a 'dream job' is ridiculous; good and bad feelings about your employment is totally a state of psychology. I have enjoyed every type of work I've done from shoveling driveways and mowing lawns as a kid, to working 60 hours-in-a-row while starting my own company. I have been on consulting gigs where all the other consultants around me want to slit their wrists, but I'm happy as ever. It's all a state of mind. It's not about disillusionment (for the cynics out there), it's about deciding the right priorities for yourself, and finding what truly makes you happy.
If you hate working so much OR you don't want your job to be your life, change your life and or job. Become a subsistence fisherman, or become an artist. Life is what you make of it! Who's stopping you from doing anything?
Not enough can ever be written about the great mathematicians of history... Archimedes, Newton, etc. Such brilliance and distinction could not be captured in an inifinite numbers of words!
You'd think that something coming out of hte media lab wouldn't have plastic tabs to change the labels -- how about LCDs or some of those new fangled flexidisplays?!
Except for trig functions it tied neck and neck with the winner, Vis C++. But the author admits that the benchmark may be errored there... Anyway here is an interesting excerpt:
It would be foolish to offer blanket recommendations about which languages to use in which situations, but it seems clear that performance is no longer a compelling reason to choose C over Java (or perhaps even over Visual J#, Visual C#, or Visual Basic)--especially given the extreme advantages in readability, maintainability, and speed of development that those languages have over C. Even if C did still enjoy its traditional performance advantage, there are very few cases (I'm hard pressed to come up with a single example from my work) where performance should be the sole criterion when picking a programming language.
Adwords and other pay-for-performance advertising with monthly defined caps is truly a revolutionary advancement for small business. Although, we all know that this was not created by Google, they have the power to take it to another level (because of their market share of searches).
The single, amazing reason it is so beautiful is because a business can scale their business at the exactly comfortable, calculated rate. That maintains budgets, quality, and volume.
While I see people here immediately start debating who gets credit for various aspects of the language and when things came out first -- in hopes of finding which originator is the more powerful geek (MS or SUN), I think the critical point is being missed.
Microsoft has it REALLY easy, and is cut way too much slack, when it comes to development environments and languages. They control the operating system and the hardware specifications and compliance. And, they have done so for well over a decade.
Java is truly platform independent, which is a huge challenge. That challenge was met with a well designed language that operated slowly. However, between 1.4 and 1.5 there are substantially speed increases in the VM which bring it up to par with the fastest languages available.
When you think about developing applications you need to consider many things other than pure technology:
- Who will be around in 5-10 years (both MS tech and Java tech will)
- Access to developers (while MS is the clear winner in the US, this is not so in other countries, where even gov'ts are against MS)
- Vendor independence and support (this is clearly in favor of Java) ..the list goes on.
Slashdot Mirror
Ludwig, I'm aware of laches, however, the reason it is, as that reference points out, rarely applied, is because it is so subjective.
That does not make what I said incorrect.
There is no law that says a company must sue immediately upon learning of a trademark infringement. In fact, it almost never makes sense to do so. Let's look at two examples:
1. If the infringing company is smaller, then it makes sense to wait until they get big enough to make the infringement worth suing over.
2. In the case of a larger company infringing IP, then it makes sense to wait until they are in a tight situation to make the case more likely to go in the claimant's favor.
Lawsuits seem to favor the contender with more money, planning a suit strategically makes sense and is perfectly legal.
Also, note the term "infringe" and its etymology. Abusing someone's IP is not always cut and dry, and certainly it's not here. IANAL, but it seems TigerDirect's motives would not affect the legality or accuracy of their claims or purpose for suing.
Actually, they deliver functionality. Read the recent statements by the ex-microsoft engineer who defected (I think to Amazon, I forget the details, but you all know who I mean). He put's it succinctly. Web services like google and amazon are the new method of software distribution. It's faster, cleaner, more effective. HTML is part of the delivery mechanism. That's sort of like saying that Microsoft delivers silicon wafers.
Should I return the 1gb SD card I just bought?
This image displays three desks in this man's office. Yet I don't see any electronic device more complex than a telephone. Um.... He ran a tech firm?
This is exactly the type of non-sensical question that frightens would be ascenders of the technology curve. First of all it begs the question, "large companies" versus who? Small companies? Do you think small companies are any more capable of defending themselves against attacks? Or even doing the type of advanced testing that can be done by large company with large company resources?
If not, are you then suggesting no one should do business at all? Obviously that is out the window. So what's the point here?
Large companies, online, are leading the way towards advanced web applications that are changing the way we live our lives and conduct business. And as the MS defector implied in his blog, web applications are living software. Changing in (almost) real-time to meet the needs of the market and security/functionality needs.
Cannonball Run I and II: one had peelable paint on the Lamborghini, the other had temporary, washable paint.
You are wrong about the features. In any software, even the most intuitive, not understanding how it works will lead to problems. As an example, "snapping" is disabled by holding down the alt key. And it is true that the tables, if not used properly, can caused things to shuffle around -- but that is because it is automatically adjusting margins for you. Keep in mind that Word is not a layout tool such as Adobe PageMaker or an HTML editor such as MS FrontPage.
Further, while the common user doesn't actively think about usability they will simply give up earlier on difficult software. The act being more powerful than the thought (we might have as a geeks).
It is great to see people working on such complex software as office suites, the most used of all applications. While I haven't tried the AbiWord product, I have tried MANY others from open source to freeware to commercial products.
While some are able to copy a subset of features of the Microsoft's Word product, none have come close to it, let alone achieving any groundbreaking functionality. This highlights the problem with open source movements. Microsoft has spent millions of dollars figuring out how to make a product that is easy for lots of people to use, partially due to consistency in it's design, usage, and general business logic. Open source struggles to match a directed approach to design and paid research.
While it bothers me that Microsoft has achieved it's substantial leadership through clearly monopolistic tactics, I give them credit for developing some phenomanlly usable products like MS Word and Excel (Excel has to be the most powerful office appliaction in existence).
To continue my thought... and upon saying what I have, note that there is PLENTY of room for improvement. I don't see any need to switch away from the globablly dominant office products just to save a bit of cash (that's pennywise). What would make the switch worth considering is a vast improvement in usability, stability, efficiency, security, etc. Where are those advances?
I've left some obvious holes here, but they are easily answered. For example, I realize many of the projects are just getting going and they need a base of code. However, it is really not newsworthy until there is something remarkable.
You're doing the same thing that the previous fellow was... thinking solely in today's technology. I imagine that within a short time either lenses will drastically reduce in size (and weight in many cases) but also be available via digital manipulation rather than optical.
Also, many multi-tasking devices already allow you to disable singular functions. My SE P800 allows me to disable the radio device (for cell and bluetooth) for "safe" airplane use.
You should hang up your
"Camera phones will never take over DSLRs or serious digital cameras..."
Again, you clearly have not learned from the past. Need I point you to a list of classic historic quotes where people said silly things like this and were made to look foolish by gigs of RAM in desktop machines or even "desktop" machines themselves!? Why would anyone carry around a DSLR or SLR when they can have a single device which serves as a communicator, a information holder, and a full-service camera?
I've found that the new version uses substantially more memory. My copy quickly hits 50mb and has grown to well over 100mb several times (that i've noticed) since I installed it.
I believe this questions is thoroughly answered in "The Age of Spiritual Machines" -- phenomenal book (if you haven't already read it)
I don't see what this has to do with personal privacy. Bud does not track what YOU buy, they track what is bought. It seems to me there is no method of linking you to your purchasing habits in their system.
Further it is quote common and incredibly useful for large suppliers to track their goods all the way through to sale in order to keep shelves stocked (proactive sales algorithms) and to alter product lines appropriately.
Don't worry bud, Bud doesn't know what and when YOU buy their beer.
Why is this comment not modded a 5? Clearly this /. posting is inaccurate.
How many pens would a web site need to not go down when it gets /.ed?
Neither work nor vacation are defined by how much fun they are. If you get time off work and go to Hawaii does the enjoyability of the trip define it as a vacation? Not in English.
Truly what you are defining is yourself as a masochist. Don't be offended, consider my comment as therapy. If you define the good times in your life by ensuring that the remainder of your life is not a good time, then that is, to some extent, a masochistic tendency.
However, let me couch all this by saying that I personally think the idea of a 'dream job' is ridiculous; good and bad feelings about your employment is totally a state of psychology. I have enjoyed every type of work I've done from shoveling driveways and mowing lawns as a kid, to working 60 hours-in-a-row while starting my own company. I have been on consulting gigs where all the other consultants around me want to slit their wrists, but I'm happy as ever. It's all a state of mind. It's not about disillusionment (for the cynics out there), it's about deciding the right priorities for yourself, and finding what truly makes you happy.
If you hate working so much OR you don't want your job to be your life, change your life and or job. Become a subsistence fisherman, or become an artist. Life is what you make of it! Who's stopping you from doing anything?
Well, first let's discuss whether we're talking Archimedes' or Wallis' infinity.
Not enough can ever be written about the great mathematicians of history... Archimedes, Newton, etc. Such brilliance and distinction could not be captured in an inifinite numbers of words!
You'd think that something coming out of hte media lab wouldn't have plastic tabs to change the labels -- how about LCDs or some of those new fangled flexidisplays?!
Looks like we knocked the crap out of port 80 on the article. Anyone have the text?
It would be foolish to offer blanket recommendations about which languages to use in which situations, but it seems clear that performance is no longer a compelling reason to choose C over Java (or perhaps even over Visual J#, Visual C#, or Visual Basic)--especially given the extreme advantages in readability, maintainability, and speed of development that those languages have over C. Even if C did still enjoy its traditional performance advantage, there are very few cases (I'm hard pressed to come up with a single example from my work) where performance should be the sole criterion when picking a programming language.
The single, amazing reason it is so beautiful is because a business can scale their business at the exactly comfortable, calculated rate. That maintains budgets, quality, and volume.
I think you misunderstood me. I was referring to the people not the tools. In America there are more developers who work in MS languages than in Java.
Microsoft has it REALLY easy, and is cut way too much slack, when it comes to development environments and languages. They control the operating system and the hardware specifications and compliance. And, they have done so for well over a decade.
Java is truly platform independent, which is a huge challenge. That challenge was met with a well designed language that operated slowly. However, between 1.4 and 1.5 there are substantially speed increases in the VM which bring it up to par with the fastest languages available.
When you think about developing applications you need to consider many things other than pure technology:
..the list goes on.
- Who will be around in 5-10 years (both MS tech and Java tech will)
- Access to developers (while MS is the clear winner in the US, this is not so in other countries, where even gov'ts are against MS)
- Vendor independence and support (this is clearly in favor of Java)