Crap, do any of you even know who Koush is in the Android community? He's got more of a following than Sony does, and he offers his services and software for free, unless you purchase the very inexpensive premium license that unlocks some little-used features that made my Android experience AWESOME.
Koush, if you get wind of this, I loudly applaud you, ClockworkMod Recovery, and Rom Manager. I have your software installed on all my Android devices, and by the way, all my coworkers' devices if they let me help them.
I work in IT. Its true, I do. I'm a huge fan of both Koush and Geohot. All the developers I work with are too, in fact.
And, last time I checked, talent recruiters aren't in the know, regarding legal actions taken by the legal arm of the same company. In fact, had she been in on the whole George Hotz deal, she would have most likely tried to get Sony to hire him to work on a way to meet both his goal of opening PS3 back up to the Other OS option, while also meeting Sony's requirement to prevent pirated software from running on their machines. I hope Sara McRae doesn't get into trouble over this, she was just doing her job, and probably doing it well if she's trying to reach out to Koush, one of the saviors of the Android Community.
I think the easiest way to dumb this argument down is as follows.
Jimmy: "Nuh uUUuHHH. I called it first."
Timmy: "But you did it wrong and I did it better."
Jimmy: "Doesn't matter, I called first. See? I already saidthat and you're not listening. I'm telling the babysitter!"
Timmy: "Go ahead. You're just gonna make a fool of yourself."
A few minutes later.
Jimmy: "Um... Remember when Timmy and I were playing ball outside? It was my idea to play ball, and it was my idea to throw it through the hoop, but Timmy took my ball and put it through the hoop first and that's not fair."
Babysitter: "So did you put the ball in the hoop?"
Jimmy: "Not yet, but if I practice real hard and you make sure that Timmy can't do it until I do it real good, I might have a better chance to do it better and you can really encourage me if you not only make Timmy stand in the corner until I'm done, but if he tries to do it later, he has to give me his snacks after lunch too."
Babysitter: Blinks and ponders whether Jimmy is serious.
Timmy: Puts another three balls through three hoops and cheers, "SWISH!"
Babysitter: "GOOOooo Timmy!"
Jimmy: Stomps off into the other room muttering, "But I did it FIIIiiiirst!"
I hope this entertaining little dialog accurately shows just how juvenile it is to claim patent infringements. The entire US Patent System should be thrown out. We've see too many arguments here, GOOD ARGUMENTS, that it is not only flawed, but self defeating. If I were to take a patent out on drinking water through a glass, then people would be forced to think of other ways to drink water, right? But what about a cup or a bottle? What about a bowl? A garden hose? A fountain? A can?
Fortunately, that all seems too absurd to happen, but that's effectively what did happen. In addition, the supposedly learned people who approved such litigation knew as much about technology as my best friend's dad when we were kids.
Stepdad: "Chris, I told you to take out the trash."
Chris: "In a minute, Dad, I want to finish this level."
Stepdad: Turns off the TV, "No, I said now!"
Chris: Pauses the game, "Dad, I told you, simply turning off the TV doesn't turn off my game console."
Chris: "Dad, do you want me to hook up the VCR to the living room TV so we can all watch the movie?"
Stepdad: "No, I don't want you to mess up the TV."
Me: "It won't mess it up. We've done this hundreds of times, at my house, here, at Phil's house, my aunt's house. Its just a simple coaxial connection.
Chris: Turns off the TV and the cable box, then unscrews the cable box from the TV.
Stepdad: Wonders what else is on and picks up the remote, turning on the TV. The TV displays static and plays loud noise. "SEEEE? You broke my TV!"
Me: Plugs the Cable box into the VCR then the VCR into the TV and picture and sound is restored.
Stepdad: "Chris, get away from the TV and let Will do it. He knows what he's doing."
Me: "Ummm, Ron, you know Chris is the one who showed me how to do this, right?"
Stepdad: "It doesn't matter, get out of the way; the game is back on.
Chris and me: "Game? You wanted to watch the movie?!?!?!
Stepdad: "Move the VCR back into my bedroom and you guys can watch it in there."
Now that I'm the same age that Chris' stepdad was then, I can see the humor in all this and I wondered for a moment whether he knew what we were doing and he was just playing stupid, but he did this stuff for YEARS while we were growing up. When I think of the judges who rule on the side of so-called patent holders, thus STIFLING the innovation of others with broad rulings on broad concepts, I think of these stories. Its either that, or they have stock in the companies they side with.
Wait, wait. So if I decide to get drunk and drive, I'm responsible, but if I don't decide to drive until after I'm drunk, I'm not?
I hope this guy never earns a degree in anything. Not only is he a complete idiot, but apparently an illiterate one too.
But sadly, he probably will. In fact, he's probably going to earn that degree and be a Lieutenant in the Army and then we're in a WORLD of hurt because he's leading a platoon and won't listen to his Platoon Sergeant and whips out his 9mm issuing threats to court-marshal the whole platoon for not listening to him.
His Company Commander, unless the company commander is also a moron, will slap him silly, but not until he's done damage to the soldiers in the platoon and gotten his revenge on the Non-Commissioned Officers (NCOs) by exercising his gift of poor grammar and bad writing style on their NCO Evaluation Reports.
On this, I am speaking from experience. And in my case, the jerks made it all the way to Major!
Evan Stone is an actor who appears in most, if not all, of the porn movies that are parodies of TV classics. Check him out at IMDB.
I can only imagine that the next 'XXX Parody' will feature a courtroom where the judge convicts and sentences the defendants and I'll leave the actual sentences up to the imagination. (My wife is a fan of his, no, really, she is.)
The fact that he has become a lawyer is so unbelievably laughable. I can almost see him doing this with the intent to drop the cases in an attempt to mock the courts and intellectual property law, because he is at least, kind of a funny guy.
Re: Re: This is just one of the many things wrong with the courts
That sounds fair, except that when a more well resourced entity or plaintiff wins a case because the not so well resourced, or at least not so articulate, defendant loses, the defendant has to pay the amount of the judgement, his own legal fees, AND his own legal fees over again.
Also, people would start representing themselves for fear of losing and having to pay double what their legal fees would be without that stipulation. We'd have Judge Judy style cases in the Supreme Courts!
I don't think that this solution would completely stop anything. If anything, I think that this would increase the effectiveness that those extortion law suits have. In your model, the loser has to pay the lower of the two legal fees to the winner. The winner stands to get the judgment and a portion of their own legal fees back while the loser again has to pay all three sums. I'd sure as hell never want to defend myself against a lawyer who may in fact be able to convince a judge that I might be in the wrong.
It might be more fair to add to your model, the losing attorneys must pay their retainer and fees to the winning attorneys so that the loser is only out the legal fees and the judgement. THAT might have a more desired effect; that the lawyers won't take a case they think they might lose, and they will be more inclined to work harder to win because they are competing for business (revenue).
I agree that if a plaintiff loses a case in court, the legal fees charged to the defendant should be charged to the plaintiff, but I disagree that our courts should deny any case be filed because the consequences are potentially far worse than having stupid cases filed.
I think this SHOULD go to a Supreme Court hearing by default, simply because he's a Senator. His position alone should require a hearing and more importantly; his sentence should carry the weight of a Supreme Court ruling.
There must be more to the story, such as the senator was investigating some alleged wrongdoing by the builder, or perhaps he was attempting to manipulate the homeowners in some way.
The lesson here should be, don't do anyone any favors. Press charges, no matter whom they are, because even those we elect to positions within our government may come back to get you and punish you for your kindness and/or forgiveness.
I hope this man rots in prison and we get to see him get it handed back to him on the next season of Lockdown.
What if an Illinois cop records a (higher) government official? Do to the members of the Illinois National Guard also have this protection? What about other governmental officials NOT under the employ of the state of Illinois?
I can see a plausible justification; that recording a government official CAN discredit the law enforcement agency or office/administration that the official works for.
However, enforcement of the law itself does more to discredit the entire government of Illinois in the eyes of the people.
Since when is the government supposed to be here to serve the government? I thought the government was here to serve the people?
This 'law' should be repealed, or at least amended to state that should officers be recorded violating the laws or even improperly enforcing them, that they should be placed on an immediate paid suspension and all such judgments against the citizens should be overturned with reparations made.
I HATE when Police, Firefighters, etc. refer to those whom are NOT part of their organizations as civilians. They are too. Unless you're the President/Vice President of the USA, a member of the NSA, CIA, FBI, Homeland Defense, etc. or a member of the Armed Forces, meaning Army, Navy, Marines, Air Force, or Coast Guard, then you're a civilian. If you're a civilian working FOR one of those agencies then you're still a civilian, no matter what your job title is. I am an Army retiree and I am now a civilian. I love the police, fire departments (except those jackasses who let houses out of district burn down if they owner hasn't paid the premium) and other local law enforcement and protection agencies, but YOU ARE ALL CIVILIANS TOO. Funny thing is, they're not all citizens though.
Illinois is all kinds of jacked up these days and I'm glad I've never even been there.
Its funny how the term originated to mean the OPPOSITE! A civilian was SUPPOSED to mean Civil Servant. What the hell are police, judges and lawyers if not civil servants? "To Serve and Protect " is more accurate a motto.
I think he was screwing around when he asked for the original patent and then figured out that with this stunt he can get in on the patent/copyright wars and make a name for himself. If he wins, he can gain clients. If he loses, he can still gain clients because he will know more about the system.
Even still, didn't IRC have famous people chat LONG before this?
What about SMS/MMS?
What about collaborative appearance on television and radio?
What about summits and conferences?
Not only is this proof that the USPTO is nothing more than a registry service, but so is the friggin' American Bar Association!
I still wonder if cases like this are not created just so lawyers can justify their existence, and their budget, to the management.
I envision a situation in which the head of a firm or a company legal department is faced with budget cuts and has his team burn the midnight oil running keyword searches on as many sites as possible, trying to find possible hits. The next scene in my head is one where that lawyer trumps everything up to a board and they collectively decide to fight a battle that the lawyer knows is a losing battle but who cares? The lawyer will get paid either way.
@ Goldstar25 - Thank you for that. I was waiting to get home to log in and see for myself. Does Ozimals allow you to use feed and such from other vendors? That Wordpress site you referred me to is also very one-sided. As a former Intelligence Analyst and a decent researcher I can't form an opinion as to whom is guilty of exactly what.
I probably won't buy anything from either company because I don't want to raise animals, not because I don't feel like I can trust either. DCS2 is more my speed and I haven't seen any problems in Dimentox's activities.
Setting your prices at just under your competition's prices and then refusing to pay for advertising in a particular market to recoup isn't illegal, nor is it unfair.
What happens to all this virtual property, land, and money when Linden Research decides to halt operations?
Re: First Amendment Invocation is Specious Edge-Casing
I hope you don't mean ME. If I misrepresented myself and my position, please let me clarify.
I love Techdirt. Second Life articles are my absolute favorite because the topic intrigues me.
I would agree with you that it should be the Lindens who determine which content to publish, and not the courts, but for for The Lindens to do that with no possible recourse for affected parties could severely diminish the freedoms that a large portion of SL Residents have enjoyed for years.
The more Linden Dollars people purchase in order to buy breeding animals and their feed, the more US Dollars Linden makes. I'm all for that. In fact, the only thing I wish Linden could do better than they already do, is cut down on lag, but do so while increasing the amount of prims and scripts allowable in a certain area by a factor of ten or more.
Oh, and having been a Second Life 'resident' for 3 years, I know personally how deceitful and scheming people get with the anonymity of their avatars and there are people in Second Life who are FAR more devious and prone to conspiracies than even found in the US Government.
Ozimals charges WAY too much for their products, and a quick search of the SL Marketplace resulted in absolutely nothing from Amaretto Ranch Breedables, but quite a bit from Ozimals. All the breedable horse results are far less organized and less advertised than Ozimals and in the absense of Amaretto's presence, I would not put it past the residents of SL to have done this for the intent to crush the competition.
That being said, how is this practice any different from the real world?
I love when Techdirt covers Second Life and other "Virtual Worlds."
I build in Second Life (SL). I have even scripted a little. I do it as a form of entertainment. I've been told the things I make can make money, but I've been hesitant to do so. I make Star Trek-inspired things for a Star Trek sim and if I earned money doing so I might end up pissing off Paramount. Half of everything you see in Second Life is copied from something in the real world, or at least from entertainment or cultural artifacts present in the real world. Its part of SL's charm.
I've never been seen or heard of these breeding virtual animals but I hope they breed virtually, and not quite so graphically.
After reading the filed papers, I actually agree with Amaretto's requests. I personally think that Ozimals engaged in some shady business practices here, and unless Amaretto Ranch Breedables improperly used code that was improperly attained from Ozimals or perhaps a contracted scripter, then Ozimals should be penalized, not Second Life.
@BBT What does LASER stand for again? They sure look like they're focused.
I didn't think about the gloves not being changed out. That can make it worse. We plan to fly across the country early next year and I would hate to have anyone on my family (ranging in ages from newborn to 34) get sick because TSA was feeling us up and not changing their gloves out.
But they don't pat you down without your clothes on, do they? They shouldn't be allowed to touch you nude unless they are at least SUPERVISED by licensed medical professionals. (and I don't mean an on call duty nurse, I mean that the licensed medical professional should be WATCHING if not conducting)
My ex wife lives in the Atlanta area. I live in Arizona. I have to take my kids to see her sometimes so she's not the only one traveling, and I certainly don't want my family exposed to non-hygienic procedures. I almost punched the last doctor who performed a prostate exam when I was getting out of the Army because I had just endured one five weeks earlier and he felt that he, "...wouldn't be doing job if he let go without one." He was far less gentle than the previous doctor and I know the perv did it to violate me. But, alas, I was in the Army and I would have gone to jail and very potentially lost my VA benefits had I assaulted him, even though he assaulted me first.
I know, TMI, but it serves to illustrate my point that even though people are licensed and trained to do the right thing doesn't mean that they can be trusted to do so. At least this urologist had clean gloves and warmed lube. What if the TSA Agent wants to see what I have hidden in my cavities? What about my few-weeks-postpartum wife, newborn son, 4-year-old son, or 11-year-old daughter?
Recording, even filming, the TSA or any other law enforcement agency CANNOT be illegal. Law enforcement personnel MUST be accountable for their actions. Forgive this mostly white guy for saying it, but, "Rodney King, what?"
...but this certainly appears to be a hugely exaggerated case of, 'when in doubt, handle as classified.'
If releasing the actual numbers of attacks or insurgency probes foiled by TSA is, truly a case of 'exceptionally grave danger...' in the opinion of anyone at NSA or any other agency, then the individuals overseeing those programs REALLY need a reality check.
The procedures by which we travelers are screened aren't classified, and the technology behind the backscatterers aren't to my knowledge classified, and neither are the resulting images, apparently, but whether or not they are doing the job is? Get real.
How is it conceivable that small containers of liquid, nail clippers, pocket knives, and the like really pose a threat? In 2005, my then five-year-old, daughter was mortified when they took a thirty-year-old teddy bear from her to scan it for bomb residue. Granted, he has visible scars and stitching, but she didn't want to part with it. We got it back after a few minutes, but she wouldn't let it out of her grasp for a week after that incident. I can almost justify him as a covering for a weapon, since cadavers have been used to smuggle drugs and weapons before, but these other items can't be any more dangerous than the things which ARE let on the plane.
Mt wife and I were discussing how to get around these procedures, and we discussed one sure-fire way. Get elected. That's right, your lawmakers responsible for inflicting this crap upon you are exempt, apparently.
So who's more corrupt? A religious fundamentalist, a politician, or a lawyer?