Retsibsi 's Techdirt Comments

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  • On the post: Stupid Patents Of The Month: Taxi Dispatch Tech

    Retsibsi ( profile ), 02 May, 2017 @ 03:44pm

    Why not allow the presumption of the validity of a patent once granted to continue BUT allow anyone to provide a challenge to that patent i.e. prior art by
    a. first providing *full* details of the ground(s) for the challenge to the patent holder, then
    b. giving them the opportunity of deciding whether or not to oppose that challenge?

    The kicker would be that if the patent holder didn't oppose the challenge the patent would be automatically invalidated. If they did oppose it then, once the issue of whether or not the patent was valid or not was determined on the basis of the challenge as originally put forward, (in other words, without allowing the challenger to add more material later once the formal challenge is made to the court / patent office) the loser would be liable to pay the other party's costs.

  • On the post: China's Public Prosecutors Complain About Leak Of Anti-Corruption TV Series They Bankrolled To Raise Awareness

    Retsibsi ( profile ), 25 Apr, 2017 @ 10:49am

    Haven't they missed the point? They've found *exactly* the target audience they were aiming at... They couldn't have done better no matter how hard they tried. There are marketing executives weeping into their G&Ts even as they learn the news

  • On the post: If You're Going To Forge A Fake Court Order To Delete Search Results, Maybe Don't Choose A Prenda Case

    Retsibsi ( profile ), 01 Apr, 2017 @ 05:27am

    The glory of it all is that when the "document" was submitted to Google then the sender would have (presumably) had to give their contact details... I have a feeling someone's going to be clearing their diary of appointments for a while very soon.

  • On the post: Mashable Says You Shouldn't Own What You Buy Because You Might Hurt Yourself

    Retsibsi ( profile ), 22 Feb, 2017 @ 09:50am

    What utter drivel. I purchased a second hand car a couple of years ago. For the first year I had nothing but problems with it and, sure enough, the car dealership failed to fix it. I finally got it fixed at another garage who quickly found the fault (which the dealership failed to locate, despite repeated claims from them that "this time we've definitely found it"), fixed it AND fixed the wireless keyfob that had mysteriously stopped working after the dealer's second attempt at repairs ("it was like that when you gave us it") for a fraction of what I'd paid the dealer. Turns out that particular dealership had a truly appalling reputation for botched repairs, but what did they care? They had a captive market so why bother to improve?

  • On the post: Not Only Is Steve Bannon Sitting In On National Security Meetings, The Usual Paper Trail Is Disappearing

    Retsibsi ( profile ), 31 Jan, 2017 @ 03:08pm

    Re: Re: It seems like Trump has inherited a government full of people that are willing to work against him and his Party

    You're showing your age by writing that (and I'm showing mine by knowing what you're saying)

  • On the post: Tesla Gave Up Its Patents, But People Are Freaked Out That Faraday Future Put Its Own Into A Separate Company

    Retsibsi ( profile ), 03 Jan, 2017 @ 03:12pm

    I suspect the real fear isn't about releasing the IP into the public domain, rather that it's being used as collateral for funding for another company / someone else. Should Faraday turn out to be a success then suddenly the Cayman company will turn round to enforce those patents against them i.e. heavy licensing fees. It's a very useful tool to manipulate profits and losses however you want to, and the suspicion seems to be that a Cayman registered company will mysteriously be the only one to end up with any profits, one way or another, while Faraday will have little to show for their work, and also be tied in to using those patents / IP.

  • On the post: Merry Christmas: Kamala Harris Files Brand New Criminal Charges Against Backpage Execs After Last Ones Were Tossed Out

    Retsibsi ( profile ), 23 Dec, 2016 @ 04:07pm

    I work in local government and there have been times I've had to give legal advice to senior management that what they want to do is quite simply wrong and legally unfounded. Occasionally (*very* occasionally) I've had attempts to lean on me to change / modify my advice but held firm. There has never been an attempt to try and "punish" me (possibly because I'm bloody-minded and anyone who thought of trying it was warned it might not be a good idea) but just *who* is giving this woman implied approval of her action by such idiotic advice, and why aren't they stopping matters from reaching this embarrassing stage? It's not just the Attorney-General I regard as an embarrassment, it's those supposedly giving her legal advice on the issue.

  • On the post: Canada's Attempt To Force Cheaper, More Flexible Cable Packages Is A Bit Of A Joke

    Retsibsi ( profile ), 02 Dec, 2016 @ 02:46pm

    Was puzzled why Canadian viewers would complain the BBC. Turns out it's the CBC

  • On the post: Trump's Constant Whining About The NY Times Isn't Just Bad For The First Amendment

    Retsibsi ( profile ), 18 Nov, 2016 @ 04:37pm

    I agree with you. I doubt he's the least bit concerned about the impact of any of his statements, other than the immediate impact. His entire business career is one of "playing to the gallery" and then walking away from whatever results. But what he seems to fail to realise is that he's not in that position any more. He doesn't get to walk away.
    (And oh how I wish I was an alien who's just landed on earth because then I could leave... Anyone got some sleeping pills? That fifty year sleep / coma sounds awfully enticing)

  • On the post: Trump's Constant Whining About The NY Times Isn't Just Bad For The First Amendment

    Retsibsi ( profile ), 18 Nov, 2016 @ 04:18pm

    Anyone in public life who fails to consider their response carefully, especially when it will be open to public scrutiny and reply, has an incredibly dangerous habit. Sooner or later something will be said that will have (serious) repercussions.
    As President-elect he needs to remember that. Failure to do so will eventually result in disaster. Then he'll either be quiet or try to respond further by raising the ante. Either way it'll be too late. Mud will stick and it will be his name people will remember, even if they can't remember what was actually said and by whom.

  • On the post: Too Little Too Late: FCC Finally Realizes AT&T's Zero Rating Is Anti-Competitive

    Retsibsi ( profile ), 14 Nov, 2016 @ 09:54am

    Late certainly, but not so late as to state the FCC's position and make it substantially harder for whoever is appointed as the new head to reverse it without making it clear that such a stance is wholly at odds with the public service ethos it's supposed to have...

  • On the post: IMDb Sues The State Of California Over New 'Ageism' Law

    Retsibsi ( profile ), 11 Nov, 2016 @ 04:23pm

    "a removal or non-publication request"? Doesn't that mean not publishing the actor's / actress's age at all? If so I can see someone's chance of work drying up at great speed....

  • On the post: Reputation Management Company Linked To Bogus Libel Lawsuits Now Hyping Its Anti-Cyberbullying Skills

    Retsibsi ( profile ), 18 Oct, 2016 @ 03:12pm

    I wouldn't be so sure there won't be repercussions against the reputation management companies. Courts take an extremely dim view of "abuse of process". If a judge is prepared to launch an investigation into such a case then we may see a number of attorneys fleeing for cover trying to exculpate themselves from any such wrongdoing, and that may involve them co-operating with the courts to show they were innocent and had been misled by their "clients".

  • On the post: Rather Than Coming Up With Brand New Taxes For Tech Companies, The EU Just Issues A Massive Fine On Apple

    Retsibsi ( profile ), 02 Sep, 2016 @ 03:03pm

    While it's being played as an "anti-US" issue in some of the media the real issue is the Eire entered into a tax agreement with Apple which meant Apple paid a tax rate of 0.0005% in some years, while at the same time everyone else was being taxed at a higher rate. Had Eire given the same tax rate to all companies then they wouldn't have fallen foul of the state-aid provisions. But then they wouldn't have had any tax base.
    And yes, I would prefer it if multi-nationals of whatever origin operated on the basis of paying taxes of the country they're operating in, but while they get to shuffle funds around with "licensing" payments and such, setting those "paper" payments against local taxes I can't say I have any sympathy. I suggest those who feel like finding out more watch "The Town That Took On The Taxman" that was broadcast earlier this year. It will give you an unpleasant shock to learn how multi-nationals achieve their market dominance.

  • On the post: Comcast/NBC Ignores Lessons From The Cord Cutting Age, Buries Olympics Under An Ocean Of Annoying Advertising

    Retsibsi ( profile ), 08 Aug, 2016 @ 10:10am

    This would be the same NBC that managed to not show the 7/7 tribute section in the opening ceremony at the 2012 Olympics in order to show adverts would it?
    I have several friends living in the US who were (and still are) incandescent about that

  • On the post: Bill Introduced To Create Copyright Small Claims Court… Which Copyright Trolls Are Going To Love

    Retsibsi ( profile ), 15 Jul, 2016 @ 01:18pm

    https://www.citizensadvice.org.uk/consumer/copyright/the-internet-filesharing-and-copyright/if-your-claim-for-copyright-infringement-goes-to-court/

    Can't vouch for the advice but you might want to look at the financial penalties for small claims / non-commercial infringement...

  • On the post: Web Sheriff Accuses Us Of Breaking Basically Every Possible Law For Pointing Out That It's Abusing DMCA Takedowns

    Retsibsi ( profile ), 12 Jun, 2016 @ 03:13pm

    Re: Simple solution

    The case never actually got to court for what proved good reason but anyone interested and wants a laugh can find an account at http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html

  • On the post: Locked Out Of The Sixth Amendment By Proprietary Forensic Software

    Retsibsi ( profile ), 08 Oct, 2015 @ 03:53pm

    Not quite as straightforward an argument as it seems. If I read the report correctly the argument put for forward by the defendant's own expert is that he cannot determine the accuracy of Chubb's system without having sight of the source code. But that's not really the issue here. What doesn't seem to be asked by the defendant is leave to carry out his *own* DNA testing using another system nominated by his expert. If there isn't a match then clearly he will have grounds to attack the state's expert testimony

  • On the post: IP Enforcement Czar Wants To Hear From You About Government's IP Enforcement Plan

    Retsibsi ( profile ), 08 Sep, 2015 @ 02:47pm

    Re: Re: It's a waste of time

    Basic rules of life.
    If you go into something trying to win then you might just win. And if you do it hard enough then your opponent might well think again about trying something else later.
    If you go into something but don't even try to win then you've already lost.
    You do nothing, you lose.

    Which do you think is the best option?

  • On the post: A Gronking To Remember Lawsuit Gets Strange While Amazon Argues Liability Would Chill Speech And Art

    Retsibsi ( profile ), 25 Jun, 2015 @ 04:58pm

    If you read Amazon's terms and conditions for publishing you'll realise quickly enough that despite the title of the agreement Amazon *isn't* the publisher, it's a distribution system and nothing more, with certain terms and conditions to allow them to retain enough control to prevent self-publishing authors from carrying out acts likely to put the system into disrepute i.e. stupid pricing.
    Amazon make it clear that all rights in the book where held by third parties must be cleared by the author first. There are indemnity clauses but no more than would be involved in a distribution contract.

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