Establishing trademark rights The law considers a trademark to be a form of property. Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office (or "trademarks registry") of a particular jurisdiction, e.g., the U.S. Patent and Trademark Office. In many jurisdictions, trademark rights can be established through either or both means. Certain jurisdictions generally do not recognize trademarks rights arising through use (e.g. China or European Union). If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited. In cases of dispute, this disparity of rights is often referred to as "first to file" as opposed to "first to use". Other countries such as Germany offer a limited amount of common law rights for unregistered marks where to gain protection, the goods or services must occupy a highly significant position in the marketplace - where this could be 40% or more market share for sales in the particular class of goods or services.
A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colourfully" similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. The test is always whether a consumer of the goods or services will be confused as to the identity of the source or origin. An example maybe a very large multinational brand such as "Sony" where a non-electronic product such as a pair of sunglasses might be assumed to have come from Sony Corporation of Japan despite not being a class of goods that Sony has rights in.
Once trademark rights are established in a particular jurisdiction, these rights are generally only enforceable in that jurisdiction, a quality which is sometimes known as territoriality. However, there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction (see International trademark laws below).
How does your Newton quote at all invalidate any linking of scientific/artistic progress and the pursuit of profit?
First, that quote wasn't original with Newton. One of the giants whose shoulders he stood on first said it a thousand years earlier.
Second, the meaning of the quote itself. No learning can be done in a vaccuum, art and science are built on previous art and science. If those previous works are "owned" then they can neither be used or built on.
If the story of the seven dwarves were the "intellectual property" of the Grimm Brothers' heirs, Disney would not have been able to make the cartoon.
The public domain is precious. Without it there can be no progress.
Your theory would eliminate many works of the Renaissance
There was no copyright during the Renaissance. The first Renaissance works were known as "neo-classical" and attempted to copy the work done by the ancient Romans and Greeks. If the ancient works were "intellectual property" there would have been no Renaissance art.
Not really sure what the point of what you're saying here is. The goal of patents is to make it so that people WILL release products and inventions knowing they have some protection against their hardwork+ideas being copied right away.
That's right, and it's exactly my point. You're given a limited time monopoly. When the limited time is up, so is your monopoly. The work then goes into the public domain, where anyone can use it as they see fit.
It's not science that is owned, it's implementations.
Engineering is what the corporations claim as "property". Engineering is often the end result of science, and engineering, like art, is based on previous work.
What kind of person would get so worked up on an anonymous internet forum that they go around flinging ad hominems at every opportunity?
Someone who was passionate about the subject, and who sees the world going to corporate hell in a gold plated handbasket. I can see where th ebest art of the 20th century will be lost forever due to the insane copyright laws. I see my country sliding into an artless corporate cesspool, and that's not the world I want to leave my decendants.
The Corporatti want you to believe that any vote not cast for a Democrat or a Republican is a wasted vote. The result is people staying home.
The reason the corporatti and the media they own (aka MSM) want you to believe that no party but the Republicans and Democrats matter is because it's cheaper for you, mr anonymous corporatii (or corporate stooge, since you're anonymous I don't know which) to bribe with campaign contributions. Because a big anough contribution gurantees access to the legistator. Bribe both and your bases are covered.
The Republicans and Democrats want marijuana, gambling, and prostitution outlawed. I'd be a fool to vote for them; I'd be voting against my own interests.
Yes, analog, as opposed to digital. There was no analog recording in 1974 afaik.
Well hell I can look it up... Oh, ok. They were analog, nobody had ever heard of digital sound, (digital watches were just starting to be sold) but wikipedia says
In 1937, the British scientist Alec Reeves files the first patent describing Pulse-code modulation. In 1943, Bell Telephone Laboratories developed the first digital scrambled speech transmission system, SIGSALY.
In 1957, Max Mathews of Bell developed the process to digitally record sound via computer.
In 1967, the first digital tape recorder was invented. A 12-bit 30 kHz stereo device using a compander (similar to DBX Noise Reduction) to extend the dynamic range.
Well, there wasn't a lot of digital stuff in 1974. Even digital watches were pretty new. However, my computer doubles as my stereo and my forty two inch TV doubles as its monitor. My daughter infected it with XCP when she played a legitimate CD she bought at the record store she worked at. Yes, autoplay was off, but she bypassed it an ran the program, never thiking that a big multinational corporation would install viruses on her dad's computer.
She knows better now. She's 21, and Sony has a foe until either it or she dies. And if she has kids, the hatred of all things Sony will likely follow.
All I know about her is that she's neither a Democrat nor a Republican. And as far as I'm concerned that's all I need to know. It's time to try and wrest government out of the hands of the corporatti. No matter how bad she is, she can't be as bad as the corporate-owned stooges running things now.
Putting a gun in someone's face and saying "give me your profits" is evil, but legitimately taking away market share is not "robbing" anyone.
"Robbing yourself" is a rediculously stupid phrase that needs no rebuttal. "Officer, I was robbed! And I know who did it!"
Not complying with authorities can even be seen as evil but only if evil was actually done. Just because someone can see somthing as evil doesn't make it evil. Just because my dad is color blind and sees red as green doesn't make red into green.
Yes, not doing evil isn't the same as doing good, but helping totalitarian governments isn't just not being good, it's evil.
But I can touch my bank balance. In fact, I just did so this morning when I took some of it out. Or are you saying that your house is intangible when you're at work?
"I don't think that word means what you think it means".
A "botnet" is strictly illegal according to US law. It is made up of compromised computers. Not only would creating a botnet (compromising and taking over civilian computers) go against many Fedarel and state laws, it would likely be deemed unconstitutional, going against the third amendment. Is there any difference between "quartering soldiers" in civilian homes and and using other civilian property? Is it OK for the military to commandeer your private auto? Your barn?
I believe what the fellow is saying is using their OWN computers. That is not a botnet, whether you're using the cluster to dDoS someone or predict the weather. A cluster is only a botnet if you don't own the computers in the cluster or have their owners' permission to use them.
First "gay", then "hacker", then "intellectial property" now "botnet"? In all these cases there are already perfectly useable and correct words, there is no reason to further bastardise the language and add to miscommunication. Unless, of course, your use of language is obfuscation rather than communication.
I expect gas prices to at least stabilize, whether it's President Obama or President McCain (and I expect McCain to be the next president).
Every thing Bush and Cheney have done since getting into the white house has been purposeful, and that purpose has been raising gas prices. The Iraq war was started to destabilize the middle east. Bush and Cheney should be impeached and tried for treason, putting their own financial gain above the interests of the US.
The Republicans should hope that Obama wins the election, because I think that whoever gains the White House is the next President Hoover. We are in for a depression to make the Great Depression look like prosperity.
First, you blindly assume that the promotion of arts and sciences is not at all linked to creating profit.
And you blindly assume that it is linked to creating profit, contrary to all evidence. "If I have seen further than other men, it is because I stand on the shoulders of giants."
Art comes from art, and science comes from science. If you "own" the art then you take away the ability of anyone else to make art from that art. If you "own" science (and patents only last 20 years, unlike copyrights) then you own the ability to make further discoveries based on the discoveries you "own".
There are five I know of, and probably more. But perhaps the submitter is counting Hillary out; it certainly looks as if Obama will be the Democratic candidate. Then there is the Republican candidate, the Libertarian candidate, and the Green candidate. The Libertarians were on the ballot in 49 states the last two elections.
There are at least two other parties here, the Communists and Socialists.
If the mainstream media wasn't owned, operated, and controlled by the corporatti, and the US cogernment wasn't likewise Owned, operated, and controlled by the corporatti, the Libertarinans at least, and propably the Greens as well, would be party to the debates. The Libertarians are, after all on enough ballots that they have a methmatical chance of winning; or would, if the mainstream dared mention them and what they stood for. The Greens may as well, I'm not certain.
This war was started in order to gain control of oil in a country who's leader was outwardly hostile toward the U.S.
It's even more dastardly than that. The President and Vice President are oil men who worship money. To a money worshiper, money is as important as Allah is to a Muslim. A money worshiper will sell out his country in a New York Minute for greater wealth and power.
No, Iraq was invaded to destabilize the region to drive up the price of oil. When Bush/Cheney Oil Inc took ocntrol of the Executuve Branceh, gasoline was $1.05 here in Springfield. I paid $3.99 Friday night. Bush/Cheney's traitorous moneymaking scheme succeeded so well that the US may well enter not merely a recession, but a depression as bad as the 1930s.
You wrote (in another comment further down) "My point still remains. We entered into an unjust war to further our own agenda"
Not OUR agenda, not MY agenda, not the US citizens' agenda; the oil companies' agenda. Raise the price of oil even if it means bankrupting the world.
I didn't know there was such a thing as Iraqui porn. I assumed it was imported from elsewhere. If it's worthless, why are guys buying it and infecting their computers in the process?
Your child support payments support your kids (assuming they don't live with you), and your taxes support the troops (assuming they don't live with you).
I support the troops. I'm getting a troop support rebate check this month, too!
When I was in Thailand in 1974, htere were only three places to get cassettes: The Base Exchange (other brances called it the Post Exchange), there there were practically no tapes I wanted to hear, but there were blanks; a government-provided tape center with a library of high quality reel to reels with a good selection that you could copy to cassette; or the local market, where you could get poor-quality copies of damned ner anything.
Tha bad part about the bootlegs from town was the fact that they were analog - the quality left much to be desired. Some had skips that came from the LPs they were recorded from.
The good part about the bootlegs from town was the fact that they were analog - you weren't going to infect your cassette player with XCP or some other virus.
Slashdot Mirror
How does your Newton quote at all invalidate any linking of scientific/artistic progress and the pursuit of profit?
First, that quote wasn't original with Newton. One of the giants whose shoulders he stood on first said it a thousand years earlier.
Second, the meaning of the quote itself. No learning can be done in a vaccuum, art and science are built on previous art and science. If those previous works are "owned" then they can neither be used or built on.
If the story of the seven dwarves were the "intellectual property" of the Grimm Brothers' heirs, Disney would not have been able to make the cartoon.
The public domain is precious. Without it there can be no progress.
Your theory would eliminate many works of the Renaissance
There was no copyright during the Renaissance. The first Renaissance works were known as "neo-classical" and attempted to copy the work done by the ancient Romans and Greeks. If the ancient works were "intellectual property" there would have been no Renaissance art.
Not really sure what the point of what you're saying here is. The goal of patents is to make it so that people WILL release products and inventions knowing they have some protection against their hardwork+ideas being copied right away.
That's right, and it's exactly my point. You're given a limited time monopoly. When the limited time is up, so is your monopoly. The work then goes into the public domain, where anyone can use it as they see fit.
It's not science that is owned, it's implementations.
Engineering is what the corporations claim as "property". Engineering is often the end result of science, and engineering, like art, is based on previous work.
What kind of person would get so worked up on an anonymous internet forum that they go around flinging ad hominems at every opportunity?
Someone who was passionate about the subject, and who sees the world going to corporate hell in a gold plated handbasket. I can see where th ebest art of the 20th century will be lost forever due to the insane copyright laws. I see my country sliding into an artless corporate cesspool, and that's not the world I want to leave my decendants.
I get worked up because it's important.
The Corporatti want you to believe that any vote not cast for a Democrat or a Republican is a wasted vote. The result is people staying home.
The reason the corporatti and the media they own (aka MSM) want you to believe that no party but the Republicans and Democrats matter is because it's cheaper for you, mr anonymous corporatii (or corporate stooge, since you're anonymous I don't know which) to bribe with campaign contributions. Because a big anough contribution gurantees access to the legistator. Bribe both and your bases are covered.
The Republicans and Democrats want marijuana, gambling, and prostitution outlawed. I'd be a fool to vote for them; I'd be voting against my own interests.
Well hell I can look it up... Oh, ok. They were analog, nobody had ever heard of digital sound, (digital watches were just starting to be sold) but wikipedia says Yes, as opposed to digital.
Smartass.
Well, there wasn't a lot of digital stuff in 1974. Even digital watches were pretty new. However, my computer doubles as my stereo and my forty two inch TV doubles as its monitor. My daughter infected it with XCP when she played a legitimate CD she bought at the record store she worked at. Yes, autoplay was off, but she bypassed it an ran the program, never thiking that a big multinational corporation would install viruses on her dad's computer.
She knows better now. She's 21, and Sony has a foe until either it or she dies. And if she has kids, the hatred of all things Sony will likely follow.
All I know about her is that she's neither a Democrat nor a Republican. And as far as I'm concerned that's all I need to know. It's time to try and wrest government out of the hands of the corporatti. No matter how bad she is, she can't be as bad as the corporate-owned stooges running things now.
Putting a gun in someone's face and saying "give me your profits" is evil, but legitimately taking away market share is not "robbing" anyone.
"Robbing yourself" is a rediculously stupid phrase that needs no rebuttal. "Officer, I was robbed! And I know who did it!"
Not complying with authorities can even be seen as evil but only if evil was actually done. Just because someone can see somthing as evil doesn't make it evil. Just because my dad is color blind and sees red as green doesn't make red into green.
Yes, not doing evil isn't the same as doing good, but helping totalitarian governments isn't just not being good, it's evil.
You voted them into office. It is your fault.
I get paid for my time.
I never posited that creative works were valueless, I said they were not property. Just as time is not property.
But I can touch my bank balance. In fact, I just did so this morning when I took some of it out. Or are you saying that your house is intangible when you're at work?
"We have met the enemy, and he is us." -Pogo
No chip needed. Just tattoo a mark on their right hand, or their forehead.
At least I can see a giant transmitter strapped to my ankle.
You strap your phone to your ankle?
-mcgrew
OT but why all of a sudden am I getting a "slow down cowboy" after four minutes? That never happened when I was logged in before.
"I don't think that word means what you think it means".
A "botnet" is strictly illegal according to US law. It is made up of compromised computers. Not only would creating a botnet (compromising and taking over civilian computers) go against many Fedarel and state laws, it would likely be deemed unconstitutional, going against the third amendment. Is there any difference between "quartering soldiers" in civilian homes and and using other civilian property? Is it OK for the military to commandeer your private auto? Your barn?
I believe what the fellow is saying is using their OWN computers. That is not a botnet, whether you're using the cluster to dDoS someone or predict the weather. A cluster is only a botnet if you don't own the computers in the cluster or have their owners' permission to use them.
First "gay", then "hacker", then "intellectial property" now "botnet"? In all these cases there are already perfectly useable and correct words, there is no reason to further bastardise the language and add to miscommunication. Unless, of course, your use of language is obfuscation rather than communication.
I expect gas prices to at least stabilize, whether it's President Obama or President McCain (and I expect McCain to be the next president).
Every thing Bush and Cheney have done since getting into the white house has been purposeful, and that purpose has been raising gas prices. The Iraq war was started to destabilize the middle east. Bush and Cheney should be impeached and tried for treason, putting their own financial gain above the interests of the US.
The Republicans should hope that Obama wins the election, because I think that whoever gains the White House is the next President Hoover. We are in for a depression to make the Great Depression look like prosperity.
I sincerely hope I'm wrong.
Oh, 20 years on a software patent is horrible, but 175 years copyright is OK? Typical "intellectual pooperty".
I'm proud to have you on my "freaks" list, freak.
First, you blindly assume that the promotion of arts and sciences is not at all linked to creating profit.
And you blindly assume that it is linked to creating profit, contrary to all evidence. "If I have seen further than other men, it is because I stand on the shoulders of giants."
Art comes from art, and science comes from science. If you "own" the art then you take away the ability of anyone else to make art from that art. If you "own" science (and patents only last 20 years, unlike copyrights) then you own the ability to make further discoveries based on the discoveries you "own".
Only a liar or a fool would take your stance.
Just because you coin a word* doesn't give you ownership of that word. If you register that word with the trademark office, then you own that word.
In order for the FSF (or Bruce Perens) to own "Open Source", you have to spell it "Open Source (TM)". And he has to have registered the word.
-mcgrew
*the link is to my blagh, which starts with a newly coined word. No need to click.
No, you're wrong. Shared source is open source. Shared Source is not Open Source. And any English speaking person should be able to get that.
Microsoft is part of the corporatti. The FSF is not. Well, mostly not. See, there's Red Hat muddying the waters about what Open Source is.
There are five I know of, and probably more. But perhaps the submitter is counting Hillary out; it certainly looks as if Obama will be the Democratic candidate. Then there is the Republican candidate, the Libertarian candidate, and the Green candidate. The Libertarians were on the ballot in 49 states the last two elections.
There are at least two other parties here, the Communists and Socialists.
If the mainstream media wasn't owned, operated, and controlled by the corporatti, and the US cogernment wasn't likewise Owned, operated, and controlled by the corporatti, the Libertarinans at least, and propably the Greens as well, would be party to the debates. The Libertarians are, after all on enough ballots that they have a methmatical chance of winning; or would, if the mainstream dared mention them and what they stood for. The Greens may as well, I'm not certain.
You, sir, have been brainwashed by your rich corpotate mammon-worshiping masters. Me, I still have a dirty mind.
-mcgrew
This war was started in order to gain control of oil in a country who's leader was outwardly hostile toward the U.S.
It's even more dastardly than that. The President and Vice President are oil men who worship money. To a money worshiper, money is as important as Allah is to a Muslim. A money worshiper will sell out his country in a New York Minute for greater wealth and power.
No, Iraq was invaded to destabilize the region to drive up the price of oil. When Bush/Cheney Oil Inc took ocntrol of the Executuve Branceh, gasoline was $1.05 here in Springfield. I paid $3.99 Friday night. Bush/Cheney's traitorous moneymaking scheme succeeded so well that the US may well enter not merely a recession, but a depression as bad as the 1930s.
You wrote (in another comment further down) "My point still remains. We entered into an unjust war to further our own agenda"
Not OUR agenda, not MY agenda, not the US citizens' agenda; the oil companies' agenda. Raise the price of oil even if it means bankrupting the world.
I didn't know there was such a thing as Iraqui porn. I assumed it was imported from elsewhere. If it's worthless, why are guys buying it and infecting their computers in the process?
Your child support payments support your kids (assuming they don't live with you), and your taxes support the troops (assuming they don't live with you).
I support the troops. I'm getting a troop support rebate check this month, too!
-mcgrew
When I was in Thailand in 1974, htere were only three places to get cassettes: The Base Exchange (other brances called it the Post Exchange), there there were practically no tapes I wanted to hear, but there were blanks; a government-provided tape center with a library of high quality reel to reels with a good selection that you could copy to cassette; or the local market, where you could get poor-quality copies of damned ner anything.
Tha bad part about the bootlegs from town was the fact that they were analog - the quality left much to be desired. Some had skips that came from the LPs they were recorded from.
The good part about the bootlegs from town was the fact that they were analog - you weren't going to infect your cassette player with XCP or some other virus.
-mcgrew
I agree with Google that it is better to provide some information than none
Then you disagree with the statement "a little knowledge is a dangerous thing?"