barrenwaste 's Techdirt Comments

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  • On the post: Company Betting On GPS-Based Driving Tax

    barrenwaste ( profile ), 15 Sep, 2007 @ 10:11pm

    You guys are to late for the big brother aspect.

    Um....you guys are a bit late on the draw for the privacy issue. Vehicles that have GPS in them are already trackable by the Gov. Not only that, but they don't need GPS to follow you on the highways. Haven't for years. Satellites, creditcards, roadside cameras, highway patrols, and air patrols. If they want to find you, they will. Go online and you can find airial photos showing your house with such resolution that they can tell if you've been mowing your lawn lately. They can also tell how much use any given road is given by tracking fuel sales, roadside assistance, and by using electronic eyes to count vehicles and log type. This GPS really won't change anything in that regard.

  • On the post: Autodesk Sued By eBay Seller For Pretending Right Of First Sale Doesn't Exist

    barrenwaste ( profile ), 15 Sep, 2007 @ 08:28am

    1) No contract made between parties supercedes federally granted rights...ever. So it doesn't matter what he signed or didn't sign. If, as it has been stated, this kind of thing has been deemed a violation of rights then it doesn't matter whether he signed or not, he will win.

    2) Resale of personal property, whether physical or not, is a right. Whether it's a license or a tractor, you bought it and it is yours to do with as you see fit. There is a bit more to it than that, but for our purposes, legality of resale rather than copywright infringement or patent law (ie. claiming said product was your work), then, regardless of contract, you can resell it. This has been upheld in courts before, I have no doubt it will be again.

    3) Forcing the buyer into an unstated contract is illegal. I'm surprised, really, that a major lawsuit hasn't been brought against software companies, but, then again, our laws are such a muddle of incomprehensible double talk that the average citizen has no chance in deciphering them, let alone memorizing all of them. What I am getting at here, is that any software company that doesn't tell the purchaser that they must enter into another agreement before using the product is in violation of the law. They must inform the party before the purchase is made. Though it could be argued that the practice has been in effect long enough that the agreement is expected, though unstated. That would set a really bad precedent, but then, it wouldn't be a first.

    4) Suing Mc Donalds for $10 million for bad product is to much, suing a major software company for violation of rights and loss of livlyhood, on the otherhand, is not. It has nothing to do with how much the man lost and everything to do with stopping said company from using the constitution as toiletpaper.

    5) My spelling, sucks...deal with it. My name is not Webster and whether I can spell or not has no bearing on the validity of my statements.

  • On the post: Company Betting On GPS-Based Driving Tax

    barrenwaste ( profile ), 15 Sep, 2007 @ 07:35am

    Another tax on roads? Yup, I can see how that's needed, since they make such efficient use of the money generated in the name of our roads already. A couple of weeks ago I drove from Michigan to Florida....at times it took me four hours to go four miles. Construction sites were everywhere, and to make matters so much better, though more than half the roads were tore up, only about a quarter of the construction sites had any activity when I blew by at such amazing speeds. On a bright sunny weekday about one out of four sites were being worked on. Hell, I have to go through a construction site on my way to work everyday, a site that is rarely actually being worked on, yet has been botteling traffic since just after the snow melted.....now that's efficient! Personally, I think that they are leaving it unfinished and unworked on purpose. That way they can generate even more revenue by setting cops behind a nearby embankment to catch the frustrated motorists in the act of speeding through empty construction sites. They had three pulled over the other day when I came to work, all within about half a mile of the site......

  • On the post: The Governator Wasting More California Taxpayer Money Over Unconstitutional Violent Video Game Ban

    barrenwaste ( profile ), 07 Sep, 2007 @ 08:38am

    ratings

    I love the irony of this. We are supposed to be tolerant of other peoples beleifs and values in todays world. The government sponsors countles organizations promoting moral responsibility and tolerance...then turns around and gives us the FCC and all the organizations behind it. A story cannot be told without some kind of obstacle for the hero to overcome. There has to be conflict of some sort or all we will have are stories about people who get up, go to work, and come home to sleep. Interesting. So, we have the government preaching tolerance at us, while being intolerant to our varying beliefs and values, as well as regulating what we can and cannot see and hear. So much for the constitution. Heil FCC!!!!

  • On the post: Configuring A Product Online? Patented! Lots Of Companies Sued

    barrenwaste ( profile ), 07 Sep, 2007 @ 06:44am

    reform

    Now this I can agree with. Yes, the current system could use some reform. I just don't agree with the thought of getting rid of it entirely. It's already to easy to exploit people who have little to no knowledge of business. It needs to be shaken out a little, brought back to what it was designed to do. Protect the little guys from the big guys with more money than morals.

  • On the post: The Buzz Over New Battery Technology… And The Questions Raised By Its Patents

    barrenwaste ( profile ), 06 Sep, 2007 @ 03:49pm

    RE: You are still an idiot.

    I am probably wasting my time here, it's most likely that you are just trying to raise tempers and garner attention. However, on the off chance that you realy do have an IQ of 90 or less I will explain a little more.

    You don't have to use a lincoln towncar as the test vehicle, in fact, you don't have to use any production vehicle at all. That means you can make the vehicle as small and lightweight as possible, while still retaining the defining characteristics of a marketable car. Or, for children, daddy bought a little car for us, isn't it cute? Now everybody strap in, we're going for a ride!

  • On the post: No Shortage Of Ideas… It's Successfully Bringing Them To Market That's Tricky

    barrenwaste ( profile ), 06 Sep, 2007 @ 02:39pm

    Patents are still needed

    I would have to say that invention is more important than inovation. People will buy most anything if you talk fast enough.....I know, I've been in sales for years and will own the store I run in a couple of years. Look at Ebay if you don't believe. Marketing is in no way as difficult as people make it sound. You put something out for sale and let the general public know what it is. Then you listen to thier comments as they browse and buy while noting thier gender, age, race, and creed. Let this go on for a month or two and you will have an accurate picture of who to aim your next set of advertisements at. After doing this for a few years you are generally able to look at a new product and know who is going to want it. Then, with a little experience and some more fast talking you are able to bring in different groups and market to them as well. Not hard, just takes money, time, experience, and a little bit of intelligence.

    The problem is that, like bad poetry, there is a ton of bad inventions. Because of this people think that anybody can do it, and set out to prove it. Yes, businesses are in the midst of an invention deluge, but most of the inventions are not worth the material they are made out of. The fact that there are so few succesful inventions while the world is cluttered by succesful businesses proves that invention proves that one is easier than the other.

    Not only that, but it's kind of difficult to market what hasn't been invented yet. I have been in business for years but I have yet to think of a single new product that would benefit anybody. In fact, I know a lot of people in business and not one of them has thought up a new product that is beneficial. That is why companies throw so much money down the black hole that is R&D. That is also why patents are needed. To protect the man/woman who invented a thing but has little to no knowledge concerning business and business practices. Still doesn't work all the time, but it is way better for those people than not having a set of regulatory laws.

  • On the post: The Buzz Over New Battery Technology… And The Questions Raised By Its Patents

    barrenwaste ( profile ), 06 Sep, 2007 @ 01:52pm

    RE: Anonymous Coward

    Thank you for that thrilling rebuttal. I have no option but to admit defeat. When a master debater such as yourself decrees I am an idiot, there can be no arguement...I am an idiot.

    Now, will a lincoln towncar with a 2hp engine reach any sort of speed.....obviously not. However, we aren't limited by size or weight here. Especially with the materials available to us today. Once again, just because you cannot wrap your obvioulsy powerful intellect around a thing does not mean that thing is impossible.

  • On the post: The Buzz Over New Battery Technology… And The Questions Raised By Its Patents

    barrenwaste ( profile ), 06 Sep, 2007 @ 10:07am

    I think a bit is being missed here....

    Ok, I can't say if this is pure bull, just a little bull, or downright workable, I don't have the technical knowledge. What I can point out is that just about every single major breakthrough in science has had this sort of thing thrown at it from it's first public sighting to it's last days before implementation. If we were to base an idea's validity on the public outcries of other "experts" then flight, computers, electricity(I could go on), and so many others would still be myths. How about we stop knee jerking and armchair analyzing really sit down and think on this. I can already see the flaws in most of the arguments against it. It'd take to much energy to fill it in five minutes and could not be done in the consumers home...ok, so we bump it to 10 mins and make "filling stations" just as we have for gas today. A 2horsepower car is quite capable of traveling 500 miles in ten hours. It's all about gearing. Just don't expect any tire squealing or pavement scorching. Just because a thing does not fit into our scope of reality does not mean it's impossible. As for me....I have no doubt that, even if these guys haven't found the answers, the answers will be found shortly.

  • On the post: If You Want To Stop Your Husband From Using The Internet, Chopping Off His Hand Seems A Little Extreme

    barrenwaste ( profile ), 06 Sep, 2007 @ 09:28am

    It's possible....

    Well, it is entirely possible to lose a limb or appendage without noticing. Shock. Also, people go crazy over things that make the rest of us just scratch our heads in wonder. So, the story is possible in all particulars, did it happen...who knows. I'm sure it was printed as news somewhere, and whether it happened or not, it will now...that's just people for you.

  • On the post: No Harm, No Foul In Yet Another Data Leak Case

    barrenwaste ( profile ), 25 Aug, 2007 @ 06:39am

    hmmm

    At the very least it sounds like breach of contract to me. The bank promised to keep the information confidential and then failed to deliver on that promise. Maybe we should all overdraw accounts there, promise to pay it back, then fail to do so. Thats fair isn't it?

  • On the post: Latest Bogus Stats On Music Piracy Losses

    barrenwaste ( profile ), 25 Aug, 2007 @ 06:28am

    Re: Artists make dosh off merch and shows

    I agree, Paul, and what's more, most of the copyright laws in effect (read copyright infringements prosecuted) deal with protecting the record companies hold on each particular band. How does limiting the bands to one record company help them in any way, shape, or form? Not that the established artists are hurting all that much. As for the new bands just starting or not quite there yet.....free distribution of music would gain them the fanbase they need to push past the threshold. I run a business myself, and do you know what one of my best promotions is? I give away small packets of free stuff. Since I started doing that my customer base has increased nearly 300 percent....in three months...hmmmmm....is it to much to hope that the record companies are listening to what I am saying?

  • On the post: Group Behind 'To Catch A Predator' Claims Wikipedia Is A Corporate Sex Offender

    barrenwaste ( profile ), 24 Aug, 2007 @ 11:41am

    Huh?

    Look at the numbers convicted, and the laws that convicted them and tell me that our government is dispensing justice and not just burning heretics at the stake. It is illegal for a man to walk up to a woman and say "You are pretty, can I buy you a beer." if the woman then says she felt threatened by it. It's happened. How are people supposed to meet and express intrest in a world where communication between sexes sends the man to prison? Not only that, but take a close look at the laws regarding pedophilia. Since when does the defendent have to prove him/herself innocent?

    Here it is. The child goes to a therapist. The therapist declares that the child has been abused. They arrest some poor sod and hold him/her till the court date. The date rolls around and what does the person have to defend his/herself against? No physical proof, no dates or times, and no facing the accuser. Just the word of the therapist. And here it is...the verdict....most of the time the sod goes to jail.

    The conviction rate isn't high because the law enforcement agencies are just that good. The conviction rate is so high because it is darn near impossible to beat a rape case in this day and age.

    These PJ people are not helping the American People. They are nothing more than vultures, creating thier own carrion. I charge any of you to look into the laws, the penalties, and the people and then tell me what is being done is "good" and "right".

  • On the post: NY Times Launches My Yahoo Clone A Decade Late

    barrenwaste ( profile ), 24 Aug, 2007 @ 11:13am

    Last Bastion?

    I haven't seen a single news service, based in the USA, that was unbiased. Honostly I don't think it's possible. Everybody has some opinion on what is happening and the news services want to make money...so they pander to those opinions. The truly ironic thing is that most of thier bias comes out in favor of the democrats, when the services are themselves big business......and we all know who the tyrants of big business are, right?

  • On the post: Scott Adams' Pointy Haired Views On Copyright

    barrenwaste ( profile ), 24 Aug, 2007 @ 10:37am

    Another Two Cents

    First of all, I do not think that internet piracy (read infringements of copyright law) are a big problem. You can effectively "own" a book/movie/music cd by rechecking it (freely) from the local library or for a fee of two dollars or so from the new companies that have no time limit on thier rentals. Not only that, but music and movies can be recorded from your home theater/tv/radio. The internet is simply doing the same for literary compositions. It's not piracy, it's library.

    "But Barren, the library paid for it's copies." So did the person or persons posting the literary work. Somebody had to purchase a copy in order for the content to be scanned and posted.

    Problems with resale of intellectual property? Used bookstores/musicstores/gamestores/moviestores resell intellectual property all the time. It is not illegal for me to buy a copy of Eric Flint's "Gust Front" (yes, I know that the book is available as a free e-book) and then sell it to a resale store. If I can convince the owner that it's a collector's item I can even make profit off the deal. However, it is illegal for me to keep the book and scan a copy onto the net and share it with my friends....even though I can legally loan or give them the book....hmmmmmm.

    Let's take a look at the definition of theft. "In the criminal law, theft (also known as stealing) is the illegal taking of another person's property without that person's freely-given consent. As a term, it is used as shorthand for all major crimes against property, encompassing offences such as burglary, embezzlement, larceny, looting, robbery, mugging, trespassing, shoplifting, intrusion, fraud (theft by deception) and sometimes criminal conversion. In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny." In other words, I didn't say you could have that, give it back. However, once the artist has sold his work, it no longer belongs to him. It belongs to the person or persons who purchased it. It's thiers to give or sell as they see fit, as long as they don't claim the work as thier own. And a thing freely given is not stolen.....

    And lastly, the copyright laws are not set up to encourage competition or protect the creater of the works in question. Most of the laws deal with who can and cannot make money off from the properties. These laws protect the conglomerates who distribute the work after it has been created. Who cares how many companies distribute your new Sci-Fi Mystery Thriller? The more the merrier. As long as you get paid for the effort you put into creating it, does it matter to you who distributes it? Then, once it's been sold, why should you have any say in what the new owners do with it? You sold it, it's not yours anymore. You don't get to tell the people who bought your car where or when they can drive it.

    The problem is not with people distributing material freely on the net. The problem is two-fold. First, plaigerism. Should be illegal, and is. But the biggest offenders of this are business people, not John Q. Public. Second, the pittance the conglomerates award the people with the talent. The lions share of the profit should go to the artist, without who, no money could be generated. An artist can market his/her own work. A conglomerate can't market what it doesn't have.