I completely agree. Mattel won, not by obtaining the rights to cphack, but by diverting attention away from the fact that Cyber Patrol is flawed.
If, as it has been reported, that CP has a 60-70% error rate, then why hasn't the ACLU started a class action suit on behalf of those sites being maligned by CP? The ACLU would have a better case arguing the restraint of free speech, and possibe commercial trade restraint when CP is used.
And if you're into boycotting, why not attempt to make CP obsolete? Try putting a keyword on your home page of "XXX" or "sucks". Let's all try to get Cyber Patrol up to a full 100% error rate.
If public libraries are allowed to lend books, videos, etc. under the definition of "fair use", does anyone know how to go about turning a web site into a public library? Who grants the title "public library"? If it is possible to obtain library-status for a web site, what type of visitor tracking would be required to confirm "fair use"?
A few years ago, one of the TV entertainment news shows carried a piece about "It's a Womderful Life". Seems that it was never copyrighted, which is why every TV station broadcasts it umpteen million times during Christmas (they don't have to make royalty payments). It would make an interesting court case - since the Bono law provided measures to retroactively extend copyrights, can something commercially produced but allowed to fall into public domain still be retroactively copyrighted?
If these companies think gathering personal info is such a good thing for the public, why don't they explain/enumerate the advantages for us and allow us to opt-in?
After watching Borland and Lotus duke it out in court several years ago over look-and-feel issues between Quattro and Lotus-123 (a move BTW which came close to bankrupting both companies), it's really suprising to see two big players in e-commerce trying to do the same thing. I think I'm in the wrong career - I want to be a lawyer.
I agree that Monsanto has every right to protect it's intellectual property rights; no one's holding a gun to the farmer's head forcing him to buy the seeds. But I'd love to know where you got your statistics about farmers. Most farmers I've met aren't conglomerates, but rather struggling small business families. Sure, Dole and Delmonte plantations still exist, but they also but products from individual farmers and cooperatives. In the news stories I've read recently, it's the middleman who buys from the farmer at cut rate prices and resells to food processors who are making the real money.
Congress passed/modified the patent laws which placed software processes in the same category as mechanical process (e.g., mousetraps). If I remember correctly, there was a very loud uproar from user groups, FSF, GNU, and technical journalists when this was first introduced. But Congress passed the new laws in spite of the objections. Probably because a strong lobby from the likes of Microsoft and IBM.
I lived in FL for a good part of my life and often made phone orders to out-of-state companies. Since FL doesn't have a state income tax, they began a very aggressive campaign to obtain sales taxes from companies selling items to FL citizens. I'm no lawyer and don't recall the details, but the state dept of revenue had some sort of leverage over out-of-state companies doing business with FL locals. Apparently, any company doing "mail-order" business must register with the state (it didn't matter how the purchase was placed, only that the goods were delivered via US mail). If these companies didn't pay their share of sales tax, then the state could revoke their right to do business in the state and could confiscate the goods. (I don't know how they extended this to FedEx, UPS, or other package shippers, but since these companies also have to be registered to do business, I'm sure some arm twisting was applied). FL also had a service tax which it decided to enforce. Unfortunately, this plan backfired, and was one of the reasons IBM pulled out of Boca Raton. I'm living in IL now, and read a recent newspaper article about this very thing. The IL state gov estimated that it lost $120 million in sales tax due to internet purchases, but since this only amounted to 2%-3% of their total tax revenue, they were willing to wait-and-see what the other states were going to do to handle the loss. I don't think any state will crack down on the mom 'n pop or garage sale type of purchases. It's just not worth the expense. States will go after Dell, Gateway, Borland, Red Hat, etc. bacause that's where the money is. (Yes, I know I left M$oft off this list. One of the smart things they did was develop a retail outlet marketing plan.) What I'm afraid of is that the US gov will step in with a GST type tax for internet purchases and divide the money up for the states using a quota system. And as far as the comment I read about the US gov not being able to enforce a tax on interstate commerce - have you looked at your phone bill recently? How many FCC fees and charges are you paying?
Has anyone been to lycos.com lately? Try their MP3 search on your favorite recording artist and see how many links you can come with. While most of their links are worthless, every now and then you can get a decent MP3 file. This case ought to scare the s**t out of them.
It seems that a simple clarification to the trademark laws stating that use of apparent trademarks used on the web do not constitute trademark infringement. Lacking this clarification, it is up to the courts to set legal precedent. I'm glad the judge in this case saw it this way and hope that more will follow his lead.
So what idiot at the trademark office allowed a common word to be trademarked? I think we're all familiar with the fact that I can't call my product Kleenex since that's a trademark, but does this mean I will be allowed to trademark "Facial Tissue"? If so, what will other tissue makers start calling their products? The problem isn't always with the law or how it's interpreted. Sometimes the problem rests with some poor slob who had a bad weekend or wants to leave work early Friday and will rubber stamp anything that comes across his/her desk.
One should ask how much the Boston Globe was paid for this PR. Obviously comparing an OS to a language is ridiculous to a semi-intelligent person. It is obvious that both Java and Linux have one thing in common - they both worry (bother?) Microsoft. They know they have an inferior OS have done everything they can to discredit Linux in the corporate marketplace. They are still in court with Sun over Java. So is it strange to see supposedly legitimate news articles which quote Microsoft spokespersons without counter balancing opinions?
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If, as it has been reported, that CP has a 60-70% error rate, then why hasn't the ACLU started a class action suit on behalf of those sites being maligned by CP? The ACLU would have a better case arguing the restraint of free speech, and possibe commercial trade restraint when CP is used.
And if you're into boycotting, why not attempt to make CP obsolete? Try putting a keyword on your home page of "XXX" or "sucks". Let's all try to get Cyber Patrol up to a full 100% error rate.
Can I temporarily alter my DNA by eating SPAM?
If public libraries are allowed to lend books, videos, etc. under the definition of "fair use", does anyone know how to go about turning a web site into a public library? Who grants the title "public library"? If it is possible to obtain library-status for a web site, what type of visitor tracking would be required to confirm "fair use"?
A few years ago, one of the TV entertainment news shows carried a piece about "It's a Womderful Life". Seems that it was never copyrighted, which is why every TV station broadcasts it umpteen million times during Christmas (they don't have to make royalty payments). It would make an interesting court case - since the Bono law provided measures to retroactively extend copyrights, can something commercially produced but allowed to fall into public domain still be retroactively copyrighted?
CPUs may be getting faster, but I can still only type 35 words a minute (on a good day).
If these companies think gathering personal info is such a good thing for the public, why don't they explain/enumerate the advantages for us and allow us to opt-in?
After watching Borland and Lotus duke it out in court several years ago over look-and-feel issues between Quattro and Lotus-123 (a move BTW which came close to bankrupting both companies), it's really suprising to see two big players in e-commerce trying to do the same thing. I think I'm in the wrong career - I want to be a lawyer.
Anyone want to bet that the hero is sued for saving the world by implementing a solution that is either copyrighted or patented?
I agree that Monsanto has every right to protect it's intellectual property rights; no one's holding a gun to the farmer's head forcing him to buy the seeds. But I'd love to know where you got your statistics about farmers. Most farmers I've met aren't conglomerates, but rather struggling small business families. Sure, Dole and Delmonte plantations still exist, but they also but products from individual farmers and cooperatives. In the news stories I've read recently, it's the middleman who buys from the farmer at cut rate prices and resells to food processors who are making the real money.
Congress passed/modified the patent laws which placed software processes in the same category as mechanical process (e.g., mousetraps). If I remember correctly, there was a very loud uproar from user groups, FSF, GNU, and technical journalists when this was first introduced. But Congress passed the new laws in spite of the objections. Probably because a strong lobby from the likes of Microsoft and IBM.
I lived in FL for a good part of my life and often made phone orders to out-of-state companies. Since FL doesn't have a state income tax, they began a very aggressive campaign to obtain sales taxes from companies selling items to FL citizens. I'm no lawyer and don't recall the details, but the state dept of revenue had some sort of leverage over out-of-state companies doing business with FL locals. Apparently, any company doing "mail-order" business must register with the state (it didn't matter how the purchase was placed, only that the goods were delivered via US mail). If these companies didn't pay their share of sales tax, then the state could revoke their right to do business in the state and could confiscate the goods. (I don't know how they extended this to FedEx, UPS, or other package shippers, but since these companies also have to be registered to do business, I'm sure some arm twisting was applied). FL also had a service tax which it decided to enforce. Unfortunately, this plan backfired, and was one of the reasons IBM pulled out of Boca Raton. I'm living in IL now, and read a recent newspaper article about this very thing. The IL state gov estimated that it lost $120 million in sales tax due to internet purchases, but since this only amounted to 2%-3% of their total tax revenue, they were willing to wait-and-see what the other states were going to do to handle the loss. I don't think any state will crack down on the mom 'n pop or garage sale type of purchases. It's just not worth the expense. States will go after Dell, Gateway, Borland, Red Hat, etc. bacause that's where the money is. (Yes, I know I left M$oft off this list. One of the smart things they did was develop a retail outlet marketing plan.) What I'm afraid of is that the US gov will step in with a GST type tax for internet purchases and divide the money up for the states using a quota system. And as far as the comment I read about the US gov not being able to enforce a tax on interstate commerce - have you looked at your phone bill recently? How many FCC fees and charges are you paying?
Has anyone been to lycos.com lately? Try their MP3 search on your favorite recording artist and see how many links you can come with. While most of their links are worthless, every now and then you can get a decent MP3 file. This case ought to scare the s**t out of them.
It seems that a simple clarification to the trademark laws stating that use of apparent trademarks used on the web do not constitute trademark infringement. Lacking this clarification, it is up to the courts to set legal precedent. I'm glad the judge in this case saw it this way and hope that more will follow his lead.
So what idiot at the trademark office allowed a common word to be trademarked? I think we're all familiar with the fact that I can't call my product Kleenex since that's a trademark, but does this mean I will be allowed to trademark "Facial Tissue"? If so, what will other tissue makers start calling their products? The problem isn't always with the law or how it's interpreted. Sometimes the problem rests with some poor slob who had a bad weekend or wants to leave work early Friday and will rubber stamp anything that comes across his/her desk.
Or did the B-52s end up paying the US gov for their use of B-52s???
One should ask how much the Boston Globe was paid for this PR. Obviously comparing an OS to a language is ridiculous to a semi-intelligent person. It is obvious that both Java and Linux have one thing in common - they both worry (bother?) Microsoft. They know they have an inferior OS have done everything they can to discredit Linux in the corporate marketplace. They are still in court with Sun over Java. So is it strange to see supposedly legitimate news articles which quote Microsoft spokespersons without counter balancing opinions?