The people who are downloading these 'toxic' apps in the first place simply aren't going to visit this site before doing so. Folks who are already aware of the risks won't need a site like this to illustrate them...so who is this for?
I don't claim to be an expert on patent law, but I'd say no. I believe you're only infringing on a design patent if your cosmetic changes are applied to the same general class of product. So if I make a PS3 controller that looks exactly like an xbox controller, that's no good, but if I want to make a bar of soap that looks like an xbox controller, I'm in the clear (unless MS has also patented the design as a bar of soap, which is unlikely). That might be incorrect, but it's my understanding of the situation.
Yeah! Screw big business! Let's get rid of patents so that when the little guy has an idea, there's nothing stopping those big businesses from copying and profiting off it!
Nitwit.
Design infringement is exactly what the case is about, way to not bother looking beyond the 'Microsoft sues x' portion of the article. 'D' before a patent number means you're talking about a design patent. Functionality isn't the issue here, the issue is that Datel clearly ripped off Microsoft's patented cosmetic designs.
I love all the insightful comments people are making on this article. It's nice to know folks are making sure their positions are valid, not just deciding that Microsoft is always wrong, and that this is no exception.
Anyway, the patents are all valid and Datel is clearly at fault, unless prior art exists that proves the patents are invalid in the first place, which is unlikely. MS is not claiming to have invented controllers or lights on controllers, that's stupid and you're stupid for thinking it. All six patents mentioned in the article are design patents. They have nothing to do with the actual functionality of the controller. Rather, they've patented the 'ornamental design for an object having practical utility', like the shape of a Coca-Cola bottle, or a new font. If I create a font and obtain a design patent, I'm not claiming to have invented text, only to have made a cosmetic change that does not have any impact on the functionality of the original invention. Even that PS3 controller that some other poster linked above infringes, because the design is what's in question, NOT the functionality.
You realize of course, that an answering machine still has to "pick up" the line, thus if it is indeed a computer calling only to verify that a number is valid, it will still find that yours most assuredly is?
This revolutionary new tool allows any audio device with a 3.5mm stereo output jack to dock with any other audio device with a 3.5mm stereo input jack.
It seems to me to be more along the lines of, there's no real legal need for AT&T to do this, as they're already immune to prosecution by copyright holders if users transmit copyrighted information across their networks. Thus, the only reason they would have to implement something like this involves the crisp, green lining in their pockets getting a bit thicker.
But IANAL either, so the cycle of speculation continues.
3. If you do want to have an Xbox 360, then you will need a Media Centre PC (Vista or XP MCE). Lies. XP-SP2 works fine.
Though I agree that no one who is serious about building a media centre PC should even think about designing it around an Xbox. But if you have the Xbox lying around, it can be convenient (no need to purchase another extender or have the PC right next to the TV). You'll just need a separate PVR solution for your PC.
I swear to you that I just saw something like this within the last two weeks. It was a Japanese magazine ad or something which depicted a person holding a Wii-mote sideways with the buttons acting as holes on an ocarina. However, I cannot for the life of me find the link anymore. It was most likely in a Penny Arcade post, if you feel like going digging.
I'd love to pay artists directly for their songs. But if that isn't possible (and many times it isn't), I'd say it's better to pirate the music than continue to fuel the machine that's driving it into the ground.
I wonder how the law would apply to a physical product (ie. some widget) that is designed in the US with specifications that infringe on a patent but manufactured and sold by the company's overseas branch. Is that infringing? I'm betting a court would say yes.
As I understand it, no, as long as its only manufactured overseas, you couldn't sue in the US. The company has every right to sue in the country where its being produced, but its not likely that they hold the patent there as well. If you're referring to manufacturing the widget overseas and then selling it back to the branch in a country where its already patented, Wikipedia tells me that would be infringing as well, anyone importing, selling, distributing, etc. is considered infringing.
So as long as you keep your infringement outside the country, you're set.
I don't get it...she thinks you should be charged tax on money you make? Don't we call that income tax? Its not like she's saying you have to give Uncle Sam 10% of your Lindens, or you owe the government a dollar for that nifty Epic you picked up last night...just that if you playing this game results in real income (e.g. you sell that Epic on eBay or you cash in your Lindens), you get taxed on the income.
Of course, then you could even argue that your WoW subscription is a business expense and start claiming an extra hundred bucks or so a year. A real addict could be making some serious cash on this deal.
A growing problem? This problem has been around for the entirety of the 15-some odd years I've been using the internet. Typo-squatters are nothing more than a minor nuisance now, how about a company with Microsoft's clout tries taking on spammers and fixing the single most annoying thing the internet has brought into our lives. Unless Bill is a big believer in some kind of herbal male enhancement products or Canadian prescription drugs.
We do this at the university where I work too... The policy is not, "Get rid of everything after 7 days." Its, "If you delete all your email and complain to us 8 days later, tough." We only keep things for 7 days in case someone needs something restored. If we kept all the email that comes into our system we'd be out of disk space to hold it all in less than a month.
Recently several departments here came under a federal investigation related to grant money spending. The investigators required that literally no information of any kind be deleted for any reason until such time as they said it was okay to resume business as usual. In the month or two that policy lasted, we spent thousands of dollars adding disk space to our backup systems to keep everything functioning normally.
So, yes, server resource protection.
Re:This isn't not an awkward sentence
on
Crackdown Review
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· Score: 2, Interesting
Two wrongs don't make a write. This double negative, with a negative chaser, is painful.
Your post is grammar Naziism at its finest. I salute you sir.
Slashdot Mirror
The people who are downloading these 'toxic' apps in the first place simply aren't going to visit this site before doing so. Folks who are already aware of the risks won't need a site like this to illustrate them...so who is this for?
I don't claim to be an expert on patent law, but I'd say no. I believe you're only infringing on a design patent if your cosmetic changes are applied to the same general class of product. So if I make a PS3 controller that looks exactly like an xbox controller, that's no good, but if I want to make a bar of soap that looks like an xbox controller, I'm in the clear (unless MS has also patented the design as a bar of soap, which is unlikely). That might be incorrect, but it's my understanding of the situation.
Yeah! Screw big business! Let's get rid of patents so that when the little guy has an idea, there's nothing stopping those big businesses from copying and profiting off it! Nitwit.
Design infringement is exactly what the case is about, way to not bother looking beyond the 'Microsoft sues x' portion of the article. 'D' before a patent number means you're talking about a design patent. Functionality isn't the issue here, the issue is that Datel clearly ripped off Microsoft's patented cosmetic designs.
I love all the insightful comments people are making on this article. It's nice to know folks are making sure their positions are valid, not just deciding that Microsoft is always wrong, and that this is no exception. Anyway, the patents are all valid and Datel is clearly at fault, unless prior art exists that proves the patents are invalid in the first place, which is unlikely. MS is not claiming to have invented controllers or lights on controllers, that's stupid and you're stupid for thinking it. All six patents mentioned in the article are design patents. They have nothing to do with the actual functionality of the controller. Rather, they've patented the 'ornamental design for an object having practical utility', like the shape of a Coca-Cola bottle, or a new font. If I create a font and obtain a design patent, I'm not claiming to have invented text, only to have made a cosmetic change that does not have any impact on the functionality of the original invention. Even that PS3 controller that some other poster linked above infringes, because the design is what's in question, NOT the functionality.
You realize of course, that an answering machine still has to "pick up" the line, thus if it is indeed a computer calling only to verify that a number is valid, it will still find that yours most assuredly is?
This revolutionary new tool allows any audio device with a 3.5mm stereo output jack to dock with any other audio device with a 3.5mm stereo input jack.
I shared this article with one of my co-workers, and I think he said it best:
A PC and a Mac are actually the same car, except the Mac has the passenger door(s) and the trunk welded shut.
He was probably referring to the first generation iPod shuffle, which didn't offer sequential playback.
It seems to me to be more along the lines of, there's no real legal need for AT&T to do this, as they're already immune to prosecution by copyright holders if users transmit copyrighted information across their networks. Thus, the only reason they would have to implement something like this involves the crisp, green lining in their pockets getting a bit thicker.
But IANAL either, so the cycle of speculation continues.
So, turbo memory is on-board flash memory for Ready Boost?
Though I agree that no one who is serious about building a media centre PC should even think about designing it around an Xbox. But if you have the Xbox lying around, it can be convenient (no need to purchase another extender or have the PC right next to the TV). You'll just need a separate PVR solution for your PC.
Find me a SATA drive that actually reads/writes at those speeds, and I'll buy you a drink sir.
I swear to you that I just saw something like this within the last two weeks. It was a Japanese magazine ad or something which depicted a person holding a Wii-mote sideways with the buttons acting as holes on an ocarina. However, I cannot for the life of me find the link anymore. It was most likely in a Penny Arcade post, if you feel like going digging.
I would argue that, contrary to popular belief, Bush is in fact a Decepticon.
I'd love to pay artists directly for their songs. But if that isn't possible (and many times it isn't), I'd say it's better to pirate the music than continue to fuel the machine that's driving it into the ground.
I wonder how the law would apply to a physical product (ie. some widget) that is designed in the US with specifications that infringe on a patent but manufactured and sold by the company's overseas branch. Is that infringing? I'm betting a court would say yes.
As I understand it, no, as long as its only manufactured overseas, you couldn't sue in the US. The company has every right to sue in the country where its being produced, but its not likely that they hold the patent there as well. If you're referring to manufacturing the widget overseas and then selling it back to the branch in a country where its already patented, Wikipedia tells me that would be infringing as well, anyone importing, selling, distributing, etc. is considered infringing.
So as long as you keep your infringement outside the country, you're set.
I think you meant to say, "And a dupe."
They fixed the copy protection problem? Woohoo, no more DRM! Oh, wait...
Yes, built by Sapphire. Info here.
I don't get it...she thinks you should be charged tax on money you make? Don't we call that income tax? Its not like she's saying you have to give Uncle Sam 10% of your Lindens, or you owe the government a dollar for that nifty Epic you picked up last night...just that if you playing this game results in real income (e.g. you sell that Epic on eBay or you cash in your Lindens), you get taxed on the income. Of course, then you could even argue that your WoW subscription is a business expense and start claiming an extra hundred bucks or so a year. A real addict could be making some serious cash on this deal.
I thought the point was for the clothing to actually be edible?
ba-dum-pshh
A growing problem? This problem has been around for the entirety of the 15-some odd years I've been using the internet. Typo-squatters are nothing more than a minor nuisance now, how about a company with Microsoft's clout tries taking on spammers and fixing the single most annoying thing the internet has brought into our lives. Unless Bill is a big believer in some kind of herbal male enhancement products or Canadian prescription drugs.
We do this at the university where I work too... The policy is not, "Get rid of everything after 7 days." Its, "If you delete all your email and complain to us 8 days later, tough." We only keep things for 7 days in case someone needs something restored. If we kept all the email that comes into our system we'd be out of disk space to hold it all in less than a month. Recently several departments here came under a federal investigation related to grant money spending. The investigators required that literally no information of any kind be deleted for any reason until such time as they said it was okay to resume business as usual. In the month or two that policy lasted, we spent thousands of dollars adding disk space to our backup systems to keep everything functioning normally. So, yes, server resource protection.
Your post is grammar Naziism at its finest. I salute you sir.