I buy a tomato grown by a bicycle thief in the next county, so I have to pay for the bike he stole in that county from someone in my county because the sheriff in my county can't arrest him. If the theft took place in the other county my sheriff has no jurisdiction. This sounds like a bad episode of 'Dukes of Hazzard.' Ifthebicycle owner wants justice, someone is going to need to get the cooperation of the neighboring sheriff.
They call it a "Consumer Protection Act," but the consumer receives no remedies or protections under the bill.
Notice. Before an injured plaintiff can file suit, the owners of stolen IT must provide written notice to the party allegedly using the stolen IT giving the party the opportunity to prove it is not using stolen IT or 90 days to stop using it or begin legalizing or replacing the stolen IT they are using, subject to any extensions approved by the owner or the court. The notice must state (1) the identity of the IT; (2) the identity of the lawful owner; (3) the identity of the applicable law being violated; (4) the manner in which the IT is being used, if known; (5) the products related to the stolen IT; and (6) the basis and evidence supporting the allegation.
The burden of proof lies with the accused. which violates the fundamental principles of our court system If you are accused and remain silent you are presumed guilty. This is going to be abused, every time my competitor with revenues over $50M places an overseas order I'm going to make an allegation and bury him with paperwork, since my revenues are less than $50M I don't even have to address such allegations, I have an affirmative defense. I can see a lot of shell companies being set up to accomplish this.
Don't think for a moment that this only affects China. Any country that does not recognize software patents is automatically in the crosshairs.
The upside of this is the Chinese will be asked to switch to LibreOffice and the US follows to insure document compatibility. Microsoft will cure the problem by all sales of Office pirated and otherwise.
I suppose I should have challenged that as an example of faulty reasoning. It is an incorrect statement. The data can be neither in favor of one company or the other since the fiscal year reporting periods are too different for the two companies and any comparison on that basis is invalid. Naturally, it would appear to be more in favor of Microsoft since it would exclude the most recent quarter of Apple's Sales, with the sales from four quarters earlier instead, but stating such as he did is misleading.
I was signed in and did not click 'Post Anonymously' when I posted this.
Neither is a great indicator. Gross profits are less significant than net profits. You can take net profits to the bank, literally.
Gross Profit = Sales - Cost of Materials, Labor and Shipping
Net Profit = Sales - All Costs
Apple made $6 Billion net profit quarter ending 12/25/10. Up 78%
Microsoft made $6.63 Billiion net profit quarter ending 12/31/10 Down 4%
If you think looking at a quarterly result is the way to go: Microsoft is incurring some operational costs that are extraordinarily high for their type of business. The trend is unmistakable +78% vs -4%.
Personally I do not believe that one quarter makes a company, but you brought it up.
Bryan/College Station's worst disaster occurred when a small two-seater Cessna 150 plane, piloted by two Texas A&M students, crashed into a cemetery earlier today. Texas A&M volunteers have recovered 300 bodies so far and expect the number to climb as digging continues into the evening. The pilot and copilot survived and are helping in the recovery efforts.
I know it's old, but it never fails to get the goat of my Aggie buddies.
I thought Android had an to easy to use interface. Actually a reaction/logic test prior to accessing the maps would be a good addition (though annoying) to the software, fail the test and you can't find out where the stops are. It would bolster the premise that the application serves the valid purpose of allowing sober drivers to avoid delays.
There's not much time until the competition so something new is out of the question, but I think there a suitable starting point for several of the records in the Model 76 Voyager. It could carry 3 tons of batteries and needs about 100 hp. How long would 6,000 lb of lithium batteries last running a 100 hp motor?
The Bill got 61 votes the first time the House considered it, so there might have been enough to pass it if the party leadership leaned on them. The Republican party has 58 seats.
Herbert's spokeswoman said at the time, "Were it not for the governor's action, the original HB477 would take effect. What the governor signed was an amended HB477 and, because of his leadership, we now have a process to remedy HB477." Herbert said his veto would have been overridden and added that by signing it into law Tuesday, he has ensured there will be 90 days where “everyone who has an interest in this issue can come to the table and have an open and frank dialogue.” That seems to have happened as he promised, albeit much faster.
In his place, I would have vetoed it, because I wouldn't want my name on that bill, and it's hard to prove your intent is honorable when your actions look otherwise.
I would be far more worried about the Senate in Utah than the Governor. On Monday, Senate President Michael Waddoups said, “I think HB477 is going to get repealed, but I don’t think it’s going to happen Friday. We’re not going to repeal it until we have something to replace it with.” That sounds pretty ominous.
Apple increased shipments by 3.1 million and Android only 2 million therefore Apple's market is increasing 55% faster than Android's. Android is doomed!./sarcasm Four data points is not enough to draw much of a conclusion. These are shipments, not sales to end customers, and Apple probably sold only 6M using that measure, and Android under a million. Android is doing very well, it may be able to get 40% share this year.
You are deluded if would use terrible to describe a CEO who increased sales by 74% from one quarter to the next. Android hasn't really taken any of Apple's market share, because the market is too new and unstable for market share to be a useful measure. Lastly, it wasn't some guy, it was Samsung.
His status as an expert is not an issue, he is the village idiot, but his status as a catalyst for a lively discussion is hard to deny. We don't come to this forum so we can talk about the weather.
So perhaps this left wing you are talking of simply recognises that the company has already made the decision to censor and hence that's really not what's in question here. Perhaps they simply recognise that the debate came down to what Apple feels is morally right or not based on that prior decision to censor
Never assume or concede that anyone calling for censorship is thoughtful. The two are mutually exclusive. The petitioners were a mob of ignorant and self-serving non-thinkers that acted out of ignorance, motivated by the type of lies, rumor, and innuendo that Fox News could be proud of. There was no debate, Apple was bullied and knuckled under.
So congratulations, they won, they got Apple to do the right thing under it's own rules. Now they can go back to trying to convince Apple to change those rules, and yes, if that means removing censorship, it means allowing this app back out too.
Those people will not be back to convince Apple to end censorship anymore than the right wing would, they won after all. The only censorship they oppose is that which censors them, they will simply wait for the next opportunity to further their agendas. To suggest that these people are trying to do an end run around censorship is laughable. Weak-minded people who buy that would buy, "Concentration camps are for the protection of the occupants," whether they are Southern sympathizers, Boers, Japanese-Americans, Japanese-Canadians, Jews, Bosnians, or Palestinians.
Well done Apple on doing the right thing under your current rules, and well done arbitrarily defined left wing (whoever you are) that Archangel Michael seems to think has done something wrong.
Shame on you, Apple for setting up a system that allows this kind of abuse and succumbing so easily. Shame on you left wing for promoting evil in the name of tolerance.
To paraphrase Ronald Reagan: Mr. Jobs - Mr. Jobs, tear down these (garden) walls!
I swear this is the third time in a week that the bottomline has been, "including a header file doesn't it make a derivative work." If this keeps up we'll need to develop a childish meme to cover it.
Because you defend your trademark, you happen to attack someone else's. I had to deal with a trademark issue of my former employer. We were Crane Co., another company in the dispute was Crane Manufacturing. Our trademark was Flomatics, I think their's was Flowmatics, but there were five companies in all with IIRC Flomatic, Flowmatic, and Flow Matics. Our trademark was much older than the others,but because it had not been defended in a timely manner the court ruled that the markets were different and customers were not likely to be deceived in spite of three of the products being valves. All companies kept their trademarks, two of the companies had to agree to some conditions. The lawyer said we would have been able to prevent any of them from using those trademarks if we had acted eleven years earlier.
Yeah, they do when you put double quotes around them as I very clearly indicated. Try searching for this nonsense string "appl dsd" and then for appl dsd and force Google to use dsd instead of ssd. 1 result (2, if you tell Google to show all results) vs 1,870,000 results. Google treats certain characters as if they are not there or are spaces,only those characters can be in the space between appl and dsd as you can see in the results.
Your citation isn't as authoritative as you might think, since that web page in not on the Internet Archive [waybackmachine.org] prior to September 15, 2008;
That would be true if the 'internet archive' were a 100% perfect snapshot, which it isn't.
It is true precisely because the 'InternetArchive' is not a perfect snapshot. That was exactly my point in making the statement. Your link would not stand up to scrutiny because it could not be found, not necessarily because it never existed in the required timeframe. I also pointed out a citation which found "AppStore"in the required timeframe which you have removed from the quotation. It should be clear that I was not trying to hide anything.
I wasn't suggesting that, I was refuting this claim:
It is entirely possible that they actually did coin the term - so yes, seriously.
The certainly didn't coin the term.
To refute the claim, the search term should be, to use your words, "the one you should have used", 'App Store' with the space; as Apple has trademarked it; the term that they are suing to defend - That search did not return any valid results, so it remains a distinct possibility that Apple coined 'App Store', in spite of a very similar 'AppStore' having been used by one company.
I'm in my seventh decade and only 52 years old! Also second century and second millenium.
I was born late in 1958
my first decade was the fifties
2nd - sixties
3rd - seventies
4th - eighties
5th - nineties
6th - noughts
7th - teens
"In" is not the same as completing, OTHO everyone enters their next decade on the january 1 every ten years greatly simplifying the calculation. Now get off my lawn!
I made that mistake too, paying attention to the spin from the summary/article instead of what the brief says, someone was kind enough to point it out to me.
"The clear-and-convincing-evidence standard also furthers the reliance interests created by a patent grant by affording the patent holder enhanced protection against an erroneous jury finding of invalidity. By allowing a lay jury to second-guess the PTO's judgment even in close cases, the preponderance standard would diminish the expected value of patents and would reduce future inventors' incentives to innovate and to disclose their inventions to the public."
It comes off as really inflammatory until the third or fourth time you read it. He doesn't say take the jury out of the equation, he is advocating that the standard the jury should use in overruling the Patent Office should be "clear and convincing evidence standard" instead of the "preponderance standard" that Microsoft is arguing should be applied. So he's douchey , but not evil douchey.
Slashdot Mirror
Any country that doesn't have software patents too. That's Europe, UK, NZ and sometimes Oz
I wonder how many Microsoft suppliers (mice,keyboards, etc.) could prove they are compliant.
I buy a tomato grown by a bicycle thief in the next county, so I have to pay for the bike he stole in that county from someone in my county because the sheriff in my county can't arrest him. If the theft took place in the other county my sheriff has no jurisdiction. This sounds like a bad episode of 'Dukes of Hazzard.' Ifthebicycle owner wants justice, someone is going to need to get the cooperation of the neighboring sheriff.
They call it a "Consumer Protection Act," but the consumer receives no remedies or protections under the bill.
Notice. Before an injured plaintiff can file suit, the owners of stolen IT must provide written notice to the party allegedly using the stolen IT giving the party the opportunity to prove it is not using stolen IT or 90 days to stop using it or begin legalizing or replacing the stolen IT they are using, subject to any extensions approved by the owner or the court. The notice must state (1) the identity of the IT; (2) the identity of the lawful owner; (3) the identity of the applicable law being violated; (4) the manner in which the IT is being used, if known; (5) the products related to the stolen IT; and (6) the basis and evidence supporting the allegation.
The burden of proof lies with the accused. which violates the fundamental principles of our court system If you are accused and remain silent you are presumed guilty. This is going to be abused, every time my competitor with revenues over $50M places an overseas order I'm going to make an allegation and bury him with paperwork, since my revenues are less than $50M I don't even have to address such allegations, I have an affirmative defense. I can see a lot of shell companies being set up to accomplish this.
Don't think for a moment that this only affects China. Any country that does not recognize software patents is automatically in the crosshairs.
The upside of this is the Chinese will be asked to switch to LibreOffice and the US follows to insure document compatibility. Microsoft will cure the problem by all sales of Office pirated and otherwise.
I suppose I should have challenged that as an example of faulty reasoning. It is an incorrect statement. The data can be neither in favor of one company or the other since the fiscal year reporting periods are too different for the two companies and any comparison on that basis is invalid. Naturally, it would appear to be more in favor of Microsoft since it would exclude the most recent quarter of Apple's Sales, with the sales from four quarters earlier instead, but stating such as he did is misleading.
Neither is a great indicator. Gross profits are less significant than net profits. You can take net profits to the bank, literally.
Gross Profit = Sales - Cost of Materials, Labor and Shipping
Net Profit = Sales - All Costs
Apple made $6 Billion net profit quarter ending 12/25/10. Up 78%
Microsoft made $6.63 Billiion net profit quarter ending 12/31/10 Down 4%
If you think looking at a quarterly result is the way to go: Microsoft is incurring some operational costs that are extraordinarily high for their type of business. The trend is unmistakable +78% vs -4%.
Personally I do not believe that one quarter makes a company, but you brought it up.
Bryan/College Station's worst disaster occurred when a small two-seater Cessna 150 plane, piloted by two Texas A&M students, crashed into a cemetery earlier today. Texas A&M volunteers have recovered 300 bodies so far and expect the number to climb as digging continues into the evening. The pilot and copilot survived and are helping in the recovery efforts.
I know it's old, but it never fails to get the goat of my Aggie buddies.
I thought Android had an to easy to use interface. Actually a reaction/logic test prior to accessing the maps would be a good addition (though annoying) to the software, fail the test and you can't find out where the stops are. It would bolster the premise that the application serves the valid purpose of allowing sober drivers to avoid delays.
I blame Lady Gaga and Justin Bieber.
Burt Rutan has this if he wants it.
There's not much time until the competition so something new is out of the question, but I think there a suitable starting point for several of the records in the Model 76 Voyager. It could carry 3 tons of batteries and needs about 100 hp. How long would 6,000 lb of lithium batteries last running a 100 hp motor?
Another choice would be the GlobalFlyer.
The Bill got 61 votes the first time the House considered it, so there might have been enough to pass it if the party leadership leaned on them. The Republican party has 58 seats.
Herbert's spokeswoman said at the time, "Were it not for the governor's action, the original HB477 would take effect. What the governor signed was an amended HB477 and, because of his leadership, we now have a process to remedy HB477." Herbert said his veto would have been overridden and added that by signing it into law Tuesday, he has ensured there will be 90 days where “everyone who has an interest in this issue can come to the table and have an open and frank dialogue.” That seems to have happened as he promised, albeit much faster.
In his place, I would have vetoed it, because I wouldn't want my name on that bill, and it's hard to prove your intent is honorable when your actions look otherwise.
I would be far more worried about the Senate in Utah than the Governor. On Monday, Senate President Michael Waddoups said, “I think HB477 is going to get repealed, but I don’t think it’s going to happen Friday. We’re not going to repeal it until we have something to replace it with.” That sounds pretty ominous.
No they were not
Apple and Android Shipments
3Q 4.2M 4Q 7.3M iPad
3Q 0.1M 4Q 2.1M Android
Apple increased shipments by 3.1 million and Android only 2 million therefore Apple's market is increasing 55% faster than Android's. Android is doomed!./sarcasm Four data points is not enough to draw much of a conclusion. These are shipments, not sales to end customers, and Apple probably sold only 6M using that measure, and Android under a million. Android is doing very well, it may be able to get 40% share this year.
You are deluded if would use terrible to describe a CEO who increased sales by 74% from one quarter to the next. Android hasn't really taken any of Apple's market share, because the market is too new and unstable for market share to be a useful measure. Lastly, it wasn't some guy, it was Samsung.
His status as an expert is not an issue, he is the village idiot, but his status as a catalyst for a lively discussion is hard to deny. We don't come to this forum so we can talk about the weather.
What? You don't believe there were negative six lawsuits in January 2010?
So perhaps this left wing you are talking of simply recognises that the company has already made the decision to censor and hence that's really not what's in question here. Perhaps they simply recognise that the debate came down to what Apple feels is morally right or not based on that prior decision to censor
Never assume or concede that anyone calling for censorship is thoughtful. The two are mutually exclusive. The petitioners were a mob of ignorant and self-serving non-thinkers that acted out of ignorance, motivated by the type of lies, rumor, and innuendo that Fox News could be proud of. There was no debate, Apple was bullied and knuckled under.
So congratulations, they won, they got Apple to do the right thing under it's own rules. Now they can go back to trying to convince Apple to change those rules, and yes, if that means removing censorship, it means allowing this app back out too.
Those people will not be back to convince Apple to end censorship anymore than the right wing would, they won after all. The only censorship they oppose is that which censors them, they will simply wait for the next opportunity to further their agendas. To suggest that these people are trying to do an end run around censorship is laughable. Weak-minded people who buy that would buy, "Concentration camps are for the protection of the occupants," whether they are Southern sympathizers, Boers, Japanese-Americans, Japanese-Canadians, Jews, Bosnians, or Palestinians.
Well done Apple on doing the right thing under your current rules, and well done arbitrarily defined left wing (whoever you are) that Archangel Michael seems to think has done something wrong.
Shame on you, Apple for setting up a system that allows this kind of abuse and succumbing so easily. Shame on you left wing for promoting evil in the name of tolerance.
To paraphrase Ronald Reagan: Mr. Jobs - Mr. Jobs, tear down these (garden) walls!
I swear this is the third time in a week that the bottomline has been, "including a header file doesn't it make a derivative work." If this keeps up we'll need to develop a childish meme to cover it.
I was wondering the same about Mi©®$oft. The is their FUD against Google, Android and Linux. So hate MS, praise Google, and make up something Off Topic about iPhone.
Facts such as, "I like to lick butts!" get 5, Informative! I need to make sure I've been moderating correctly.
Because you defend your trademark, you happen to attack someone else's. I had to deal with a trademark issue of my former employer. We were Crane Co., another company in the dispute was Crane Manufacturing. Our trademark was Flomatics, I think their's was Flowmatics, but there were five companies in all with IIRC Flomatic, Flowmatic, and Flow Matics. Our trademark was much older than the others,but because it had not been defended in a timely manner the court ruled that the markets were different and customers were not likely to be deceived in spite of three of the products being valves. All companies kept their trademarks, two of the companies had to agree to some conditions. The lawyer said we would have been able to prevent any of them from using those trademarks if we had acted eleven years earlier.
Someone found 'App Store' from 2000, (PC app store to be exact) so Apple did not coin the term. http://slashdot.org/comments.pl?sid=2047794&cid=35581308
> This took me one minute to find:
Well Done! Now all Amazon needs to do is show that the page hasn't been altered.
Search engines return exact matches
No they don't.
Yeah, they do when you put double quotes around them as I very clearly indicated. Try searching for this nonsense string "appl dsd" and then for appl dsd and force Google to use dsd instead of ssd. 1 result (2, if you tell Google to show all results) vs 1,870,000 results. Google treats certain characters as if they are not there or are spaces,only those characters can be in the space between appl and dsd as you can see in the results.
Your citation isn't as authoritative as you might think, since that web page in not on the Internet Archive [waybackmachine.org] prior to September 15, 2008;
That would be true if the 'internet archive' were a 100% perfect snapshot, which it isn't.
It is true precisely because the 'InternetArchive' is not a perfect snapshot. That was exactly my point in making the statement. Your link would not stand up to scrutiny because it could not be found, not necessarily because it never existed in the required timeframe. I also pointed out a citation which found "AppStore"in the required timeframe which you have removed from the quotation. It should be clear that I was not trying to hide anything.
I wasn't suggesting that, I was refuting this claim: It is entirely possible that they actually did coin the term - so yes, seriously. The certainly didn't coin the term.
To refute the claim, the search term should be, to use your words, "the one you should have used", 'App Store' with the space; as Apple has trademarked it; the term that they are suing to defend - That search did not return any valid results, so it remains a distinct possibility that Apple coined 'App Store', in spite of a very similar 'AppStore' having been used by one company.
I'm in my seventh decade and only 52 years old! Also second century and second millenium.
I was born late in 1958
my first decade was the fifties
2nd - sixties
3rd - seventies
4th - eighties
5th - nineties
6th - noughts
7th - teens
"In" is not the same as completing, OTHO everyone enters their next decade on the january 1 every ten years greatly simplifying the calculation. Now get off my lawn!
Poop ... on a computer ... but you would have to give it a lousy title or it would get through.
Mi©®$oft is just as evil as Apple, those Wall Street boys are just trying to appeal to capitalists to get AAPL over $500.
"The clear-and-convincing-evidence standard also furthers the reliance interests created by a patent grant by affording the patent holder enhanced protection against an erroneous jury finding of invalidity. By allowing a lay jury to second-guess the PTO's judgment even in close cases, the preponderance standard would diminish the expected value of patents and would reduce future inventors' incentives to innovate and to disclose their inventions to the public."
It comes off as really inflammatory until the third or fourth time you read it. He doesn't say take the jury out of the equation, he is advocating that the standard the jury should use in overruling the Patent Office should be "clear and convincing evidence standard" instead of the "preponderance standard" that Microsoft is arguing should be applied. So he's douchey , but not evil douchey.