I think it's pretty obvious Facebook should have been off limits from the get-go. Facebook is a composite site which integrate a bulletin board service with instant messaging and on-line storage for photographs as well as being a tool for networking and making contacts.
This guy was arrested for taking photos he shouldn't have been taking and attempted sexual exploitation of a minor. Facebook is filled with minors. Many of them are under the official joining age of 13.
Why exactly is such a person allowed to continue working as a web designer? Surely that's a career that gives him a clear opportunity to continue with his rather depraved activities. It's worrying the courts didn't understand that in the first place.
Irrespective of whether or not you agree with patents in general, software patents or hardware patents. Patent trolling should be easy to fix.
1) An actual working example of the patented invention/innovation should be required and inspected at the time of filing the patent.
2) Holders of patents who are not actively developing their invention/innovation should be barred from asserting those patents.
Didn't all the messenger apps back in the mid 90's, early 2000's all have emoticon buttons? Actually come to think of it the VBulletin forum software has a whole page that shows you all the emoticons available to you on whichever site it's powering and lets you click the emoticon and it then magically appears in your text box.
I remember quite clearly Netscape's e-mail client also had a button for inserting smilies.
This "invention" or "innovation" wasn't just obvious. Everybody was already doing it. The USPTO seriously needs to be sued for incompetence on the job.
There was something floating around Google+ about this the other day. The article stated that the US uses the excuse they govern domain names with the extensions .com, .org, .gov, .edu, .net and a few others as they were created with the original ARPANET and Internet.
Personally I think they're on legally shaky ground there and would probably lose in court if that reasoning was used. In the UK I can buy a .com domain from a UK based registrar. I can also buy an American car from a UK based dealership.
Now if the dealership was caught selling ringers I think it would be highly doubtful the US authorities would be interested much less come storming over here asserting some sort of dubious authority and start confiscating cars. So why is supposed IP treated differently?
When the article talked about "oppressive regimes" I instantly thought they meant Apple and Microsoft. Not to mention all of the OEMs who just keep supporting them no matter what.
My next PC will cost me little more than ?22. How awesome is that!
Fortunately Microsoft aren't particularly popular with EU authorities. They've been thumped quite hard in the past for their bad behaviour and hopefully they'll get thumped again for filing malicious anti-trust complaints.
The only obvious weak points other than the British and French governments is the EPO. Which wants to be more like the USPTO. Selling bad patents for a guaranteed profit.
I'm reluctant to vilify either Marvel or Disney on this one. Anybody getting into content creation really needs to know what they are getting into before they sign that contract. Complaining it's not fair afterwards is just too late.
If you are paid to create content for a company like Marvel or Disney or any of the other large media corporations, it's likely your contract will stipulate anything you create while in their employment belongs to them. I had to agree to such a clause when I worked for IBM testing LCD displays and that didn't even involve "creating" anything beyond mundane test reports. It seems obvious Marvel or Disney would expect the same.
Granted writers and artists will often work freelance or in some sort of partnership/financing/publishing deal. However the same rules apply. You have to keep your wits about you and make sure you know exactly what you are signing over. Clearly this guy didn't understand what he had signed over or just didn't care.
The harsh outcome Marvel and Disney have perused is clearly a tactic to kill this guys claim dead. And indeed that's no different to the tactics being used the mobile patent wars. This is sadly how IP is fought over. If you push your luck too far it's an all or nothing game.
I would however agree that large companies shouldn't make false claims with regard to their motives. Copyright minimalists are clearly not interested in the artists and content creators. The only thing that drives them is pure profit. But then again I don't see many people refusing to buy what they're selling.
More of us will still consume mainstream Hollywood backed content than those who will go without or choose to only support independent film makers and musicians even though we know where the money really goes.
In 1997 I had web access at college. In Scotland. The USA likes to think it invented the Internet all on it's own. Pretty pathetic then one of it's most important institutions for academics and engineers didn't think far enough a head to actually make use of something almost the entire academic community had decided to sigh on to.
It might have been forgiveable in 1994. By 1997 they should have been on-line with the rest of the world.
I bet this is giving some American policy writers wet dreams about the possibilities they could inflict on the USA.
Ah yes, the "Dear Leader" is gone, the brainwashed automatons "mourned" his passing, but still the mighty cult rumbles on.
In the end this can really only end in isolation. So why do it? Is absolute control and power really worth that gamble?
As much as I hate Microsoft I can't help but think some of the fuss over Microsoft's terms of service for it's new on-line software repository ... err ... store is a bit of a storm in a tea cup.
Any system where software is updated be it on-line or by DVD or whatever gives the vendor a potential kill switch. So "kill switches" have always been there. They're nothing new.
Microsoft have always maintained as most software companies have done, that you are purchasing a license to use the software within the scope of their EULA. And indeed technically speaking it's the same situation with open source software. Even though OSS licences do tend to be a lot more liberal, the original developer holds on to their copyright. Why would that change just because Windows 8 is just around the corner?
Frankly it's all a load of fuss over nothing to get people talking about Windows 8. Which Microsoft really needs. And sadly it's working.
The current view in the industry is Windows 8 will flop. Which has Microsoft already talking about changes before the final launch. As with Windows Vista and Windows 7, the only people buying Windows 8 will be Microsoft die hards and consumers who aren't offered a choice when they buy a new PC with the OS pre-installed.
Could it be 3 strike and Ballmer's out!?!
I think there is a difference between freedom of speech and being a bastard. The offender in this case was just being a bastard and somebody needs to go round his house and kick him in the nuts.
Freedom of speech is there to allow people to speak up against the establishment. To enable public debate an discussion. The law shouldn't allow that right and privilege to be abused in this way.
If he'd been standing outside the guys house shouting abuse I'm pretty sure he'd have been charged with some sort of beach of the peace offence. In a sense the prosecution team have failed because it seems they've gone for the most harmful charges they could make a case for and clearly those charges didn't apply in this context.
"What does the size of a company have to do with anything? Either you can compete with them, or you can't. And here's a fun question: what competitive act has a company ever taken in the existence of business that couldn't be called "predatory" by its competition?".
Using that logic then either the rest of the IT world can compete with Wintel or it can't. If Apple can afford to buy patents and injunctions to stop Samsung selling the Galaxy Tab, what's the big deal?
While I would agree bricks and mortar book stores need to rethink their business models. I think we should be careful with that sort of logic. Because pretty soon we'll end up with a single source for our goods with no competition and no recourse for complaint. And as we all know a monopoly is rarely a good thing in the long run.
I think this is the problem the judge in this case has. The part of the contract that protects your rights as a consumer, the warranty, has expired. So Sony are no longer obliged to support the other OS feature.
Unfortunately for gamers wishing to re-enable it, the part of the contract that protects Sony lasts a lot longer than the warranty. Which does suck muchly. It would seem this contract is very one sided and unbalanced.
At the end of the day however GNU/Linux can be run on other commodity PC hardware. It can be run on low end hardware and high end hardware. People don't need Sony to access GNU/Linux and the PS3 doesn't need GNU/Linux to fulfil it's intended primary function. If Sony had some sort of monopoly on the market then the case might have been stronger. But they don't.
Part of me hopes this SOPA nonsense succeeds. Because if it does the supporters are going to suffer massively from reduced exposure on-line. And when that happens they'll have to spend an absolute fortune on advertising. However nobody will be paying attention. They'll all be checking out the other free stuff on-line.
Big media, big content companies are definitely going to suffer. As will anybody else using SOPA to protect their "copyright".
I wonder who they'll blame next for their floundering profits?
Patents and copyright are government sponsored licensed monopolies. Given that they are "licensed", meaning your monopoly doesn't last forever (in theory), it should be illegal to sell them on.
Think of it this way. You apply for a drivers licence, pay the fee, take the test and if you meet the criteria you get your drivers license. You are no however allowed to sell that license on. Now some people will say "yeah but that drivers license is unique to you and covers only you". Which is true.
However the whole point about copyright and patents is the IP created is unique. An inventor is granted a patent when the inventor creates a unique innovation nobody else would have thought of because it's not obvious. Which makes that invention or innovation unique to the inventor.
Of course the USPTO and the US government know full well the overwhelmingly vast majority of patents are not for unique innovations or inventions. Which is why they are moving to "first to file" rather than "first to invent". Which really brings into question the legitimacy of most patents.
LOL! This whole IP ownership nonsense gets more ridiculous by the day. Before you know it every human on the planet will have to devise his/her/it's own language and totally unique name just to live without being sued. Of course we'll all have to pay each other royalties every time we talk to one another using the other's language.
The northern lights aren't "owned" by anybody. How can they be? They are a natural phenomenon that happens when particles from the sun enter the atmosphere. And they can be seen quite far south if the conditions are right.
Are these idiots going to sue people for infringement if we happen to see the northern lights from Glasgow (Scotland) or even London (England)?
This whole thing is just stupid and idiotic and one more reason to dig a hole and hide in it until the world ends.
Irrelevant Test Does Nothing To Impress
The test is irrelevant. People don't normally bounce on chairs like that. So frankly who cares if the knock-offs can't handle that punishment. The original would seem to be over engineered if the test was fairly conducted. Which means you're definitely paying over the odds.
And so far as a fair test goes. The guy in the video did seem to jump on the knock-offs harder than the original. Which just doesn't do their brand credibility any favours.