I chose "classical" selections. While listening, I imagined a kind of Turing test for them... wherein the listener is asked to identify the dead composer of each.
I, personally, picked out a little Samuel Barber and Carl Orff. But the real test would be whether previously uninformed subjects would spontaneously unmask the computer... e.g., by declaring that "this is crap, not music".
Unfortunately, from the patent's abstract, that doesn't seem far off the mark.
It's hard to find a vast difference between Amazon's method and one of those grocery-checkouts where you wield the scanner yourself. The main departure might be that, at the grocery store, you usually already know what you're buying (...though the display tells you anyway). Seems Amazon has "invented" the circumstance where you usually don't know...
...[according to] this precedent... all ISPs are authorising people to infringe copyright. I am amazed a court actually swallowed this.
The court could reasonably argue that Kazaa's fundamental purpose was to facilitate illegal file-sharing, rather than the legal file-sharing that comprises a minuscule fraction of its business.
And, there's ample precedent for courts to reach beyond a defense made of cynical camouflage. E.g., "piercing the corporate veil" routinely violates the so-called rights of individuals who use corporations to escape liability.
Ultimately, any legal system comes down to whether you trust your (very human) judges.
...the label on the [printer cartridge] that says "single use only" is given force of law...
Seems the same principle could be applied to selling movies on dvd, e.g., with a label that says, "5 playings only."
Sure, that would conflict with existing right-of-first-sale protections. But... remember the days when you used to own, say, your empty printer-cartridges?
The news: No HD-DVD in this year's Xmas stocking. And next year's dvd "Easter egg" will be the player itself. (Other gags, about - say - resurrection, to follow...)
One of the great problems with the Internet currently is that there are so many anonymous cowards, who troll, spam and lie.
It's not a problem, but merely a behavior.
The problem is (and long has been) the degree to which we've tended to believe the printed word, no matter the source. The Internet's gradually improving that situation.
How is Winamp on a laptop computer not a portable digital music player?
Sure it is. But it's an "informal" one... i.e., an "erratic behavior by locals" that a genius at Creative extracted and engineered into a specific product. (Or, so I imagine he'd argue...)
Every invention has its antecedents... and I suspect that this instance is far from being the smallest evolutionary gap on record. I don't know the history (and don't even plan to own an iPod)... but a major part of Creative's defense must surely be, "What was the portable-player industry doing at the time...", or even, "We were those early laptop DJs..."
It has been possible since Windows 95 to open C:\Windows\Media\The Microsoft Sound.wav, which already covers several claims of this patent.
Okay. But, as you originally noted, the "portable digital music player" is a separate arena...and migrating techniques is legitimate inventing. I know you argued that it's not a separate arena. But, while I may instinctively agree, I think the PTO isn't free to. (IANAL, but I write checks to one...)
...[The patent] involves making a folder structure three levels deep, and putting music files [into it]...
Trying here for a little Devil's advocacy:
A hierarchical file-directory's not patentable, nor are digitized music-files... but the combination of the two may have been, according not only to patent laws but also to common sense. Consider the state of the art at the time of inception. If any other approaches were conceived and built (and marketed?), then there's a defensible claim of non-obviousness.
Sure, hitting upon this particular combination was only a matter of time (possibly a very short time)... but don't consumers benefit when "inventors" race toward even the near-obvious?
Meanwhile, the problem with patents has long been their archaic and paralyzing 20-year lifetime. E.g., what percentage of inventors would abandon their pursuits if patent-life were halved?... or quartered?
So we don't have to "deal with" the cashiers at a store? We're eliminating the need for human contact.
Your experience may've been different... but my principal cashier-related human contact at a Wal-Mart has usually comprised long-term relationships with the other zombies trapped in the checkout queue... If RFID means Really Fast Into Departure, bring it on.
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I know I certainly won't be buying any more of their jams and jellies...
It's been quite effective for this U.S. resident. In fact, the only telemarketing calls I get nowadays are from Canada...
Supporting the finding was the nearby discovery of several small papyrus umbrellas...
Called the Termite 2000, it can conveniently be backed-up against any nearby forest...
You'll be able to upgrade from your current version by getting three people to upgrade to your current version. (And they, in turn...)
I chose "classical" selections. While listening, I imagined a kind of Turing test for them... wherein the listener is asked to identify the dead composer of each.
I, personally, picked out a little Samuel Barber and Carl Orff. But the real test would be whether previously uninformed subjects would spontaneously unmask the computer... e.g., by declaring that "this is crap, not music".
Perhaps he meant a movie based on a game. No, make that 'surely'...
Dear Gabriel,
The search firm of Avarice & Gluttony tells me that you may have grown weary of tooting your current employer's horn.
Be advised that we have a corner office ready and waiting (...although the air-conditioning's on the fritz).
Call me.
-Lucifer
Unfortunately, from the patent's abstract, that doesn't seem far off the mark.
It's hard to find a vast difference between Amazon's method and one of those grocery-checkouts where you wield the scanner yourself. The main departure might be that, at the grocery store, you usually already know what you're buying (...though the display tells you anyway). Seems Amazon has "invented" the circumstance where you usually don't know...
You won't, if only because making such a claim disembowels a scientist's reputation...
The court could reasonably argue that Kazaa's fundamental purpose was to facilitate illegal file-sharing, rather than the legal file-sharing that comprises a minuscule fraction of its business.
And, there's ample precedent for courts to reach beyond a defense made of cynical camouflage. E.g., "piercing the corporate veil" routinely violates the so-called rights of individuals who use corporations to escape liability.
Ultimately, any legal system comes down to whether you trust your (very human) judges.
Seems the same principle could be applied to selling movies on dvd, e.g., with a label that says, "5 playings only."
Sure, that would conflict with existing right-of-first-sale protections. But... remember the days when you used to own, say, your empty printer-cartridges?
Reminiscent of, say, Dune's sandworm riders (...who, IIRC, pulled the worm's vents open so it wouldn't submerge).
New examples like this do much to keep the creative-design vs. random-evolution debate turned up to an entertaining volume...
Eliminating camouflage and noise, to see what's in plain sight all along... Sounds somewhat Zen...
The news: No HD-DVD in this year's Xmas stocking. And next year's dvd "Easter egg" will be the player itself. (Other gags, about - say - resurrection, to follow...)
Assuming that the chair-throwing and the mindset it implies are true... whose stock do you buy or sell?
Google?... Microsoft?... (OfficeMax?)
Uh oh... bulding a Terminator mouse is one thing, but larger species are better left extinct...
It's not a problem, but merely a behavior.
The problem is (and long has been) the degree to which we've tended to believe the printed word, no matter the source. The Internet's gradually improving that situation.
Sure it is. But it's an "informal" one... i.e., an "erratic behavior by locals" that a genius at Creative extracted and engineered into a specific product. (Or, so I imagine he'd argue...)
Every invention has its antecedents... and I suspect that this instance is far from being the smallest evolutionary gap on record. I don't know the history (and don't even plan to own an iPod)... but a major part of Creative's defense must surely be, "What was the portable-player industry doing at the time...", or even, "We were those early laptop DJs..."
If I'm not mistaken, Science is always wrong... and every single theory/fact we have is merely a waystation en route to its successor.
Still a good idea to plan on tomorrow's sunrise, though...
Okay. But, as you originally noted, the "portable digital music player" is a separate arena ...and migrating techniques is legitimate inventing. I know you argued that it's not a separate arena. But, while I may instinctively agree, I think the PTO isn't free to. (IANAL, but I write checks to one...)
Trying here for a little Devil's advocacy:
A hierarchical file-directory's not patentable, nor are digitized music-files... but the combination of the two may have been, according not only to patent laws but also to common sense. Consider the state of the art at the time of inception. If any other approaches were conceived and built (and marketed?), then there's a defensible claim of non-obviousness.
Sure, hitting upon this particular combination was only a matter of time (possibly a very short time)... but don't consumers benefit when "inventors" race toward even the near-obvious?
Meanwhile, the problem with patents has long been their archaic and paralyzing 20-year lifetime. E.g., what percentage of inventors would abandon their pursuits if patent-life were halved? ... or quartered?
FWIW, I was trying for irony. My bad.
Your experience may've been different... but my principal cashier-related human contact at a Wal-Mart has usually comprised long-term relationships with the other zombies trapped in the checkout queue... If RFID means Really Fast Into Departure, bring it on.
Oh, pshaw. A conservative is somebody who never wants to try anything for the first time...