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  • Oct 20th, 2017 @ 3:14pm

    (untitled comment)

    The judge might consider something even more drastic: not only adding the tribe as a plaintiff but removing Allergan as a plaintiff. After all, according to Allergan's own claims they don't hold the patent and therefore don't have standing to sue the PTAB over the proceedings. They used to have standing, but they gave it up when they sold the patent and now they're merely a licensee. That should just make Allergan's day.

  • Oct 18th, 2017 @ 3:38pm

    Re: Yep...

    The suggestion still allows those without completely-registered accounts or with no prior history to judge them on to have their say. It just doesn't let them shove their way into my notification feed and my attention. That's the way the world works: when you're a newcomer to a community with no history in it people don't pay nearly as much attention to what you say as they do to a long-time member with a rich history of making good points. If you intend to be a long-term member of the community the lack of history remedies itself in relatively short order. If all you want is to have other people notice you screaming and react to you... sooooo not my problem.

  • Oct 16th, 2017 @ 3:08pm

    (untitled comment)

    I'm of the opinion that employment contracts are one of the areas with the least need for this law. What's needed there is the rule that an NDA cannot limit the making of a criminal or civil complaint nor the testimony a witness may give under oath (whether at trial or in a deposition), but is grounds for having the case or testimony sealed unless a judge rules it should not be.

    It's in other areas like general terms of service that there needs to be more of an absolute bar on unilaterally-imposed NDAs. It's one thing for a highly-paid software engineer to agree to an NDA as part of their employment agreement, it's another thing for a minimum-wage cashier and another time-zone completely for someone going to the dentist to have to agree to an NDA just to get an exam.

  • Oct 13th, 2017 @ 3:57pm

    Re:

    Well, there's no penalty for suing everyone in sight. The company lawyers' time costs the same whether they're working or not, and filing fees are trivial by comparison. It'll only stop when the various PTOs stop merely denying the challenge and start ordering the challenger to pay the winner's costs. That will show up as an actual cost in the financials, which is the only thing the MBAs running the companies pay attention to.

  • Oct 13th, 2017 @ 12:13pm

    Re: The entire FCC broadcast system violates the First Ammendment

    Aside from the fact that VHF and UHF spectrum in the ranges allocated for TV broadcasts (and in practice it's only the VHF bands that are available, most homes that have antennas don't have UHF antennas), there's physical plant involved. TV broadcast transmitters and antennas need to be tuned to the channel frequency being used, which for those frequencies and power levels requires specific transmitter hardware and antenna emitter element physical dimensions. If a TV station doesn't know what channel it'll be assigned, it can't build it's broadcast station or it'll have to make very expensive physical changes to the existing one. Hence why broadcast licenses are virtually permanently nailed down: changes are just too disruptive to let happen for reasons short of ones that'll put the station out of business permanently.

    Legacy communications channels have a lot of inertia associated with them that don't exist with Internet technology that was designed to easily handle multiple channels of traffic over the same physical infrastructure.

  • Oct 11th, 2017 @ 10:08pm

    Copyright transfer

    Does the agreement include a legally-applicable (ie. names the work involved) copyright transfer clause? If not, then simply alter the upload to include a checkbox saying "I am the author of this paper and hold the copyright on it.". Then whenever C.R.S. sends a takedown for a paper where the uploader checked that box, ResearchGate simply sends back a reply saying "$NameOfAuthor has stated that he holds the copyright and has not authorized you to act as his agent in copyright matters. Per Section 230, we will not take the material down a court ruling of infringement.".

  • Oct 5th, 2017 @ 3:41pm

    Re: crypto fans are being disingenuous

    This was already tried. Look up the history of the Clipper chip. It used your proposed mechanism: encrypting the message with an additional key that was escrowed with the government. The entire mechanism was so vulnerable that the Clipper chip was abandoned only 3 years after it was introduced.

    You can find one of the papers analyzing the architectural (not implementation-dependent) vulnerabilities here: https://academiccommons.columbia.edu/catalog/ac%3A127127

  • Sep 29th, 2017 @ 10:01pm

    Re: Good lord!

    Because their employment agreement includes a clause saying anything they invent is the property of their employer and that they'll execute any documents necessary for their employer to exploit those inventions for profit.

  • Sep 28th, 2017 @ 2:21pm

    (untitled comment)

    I've monitored it before, and the ISP's numbers were always really inaccurate regardless of which ISP it was. The problem was usually that the ISP counted everything in or out of the cable modem's upstream (HFC) interface, which included a lot of traffic that wasn't mine or wasn't customer traffic.

    It's not hard to configure any router that does DD-WRT or OpenWRT to give you a detailed breakdown of traffic. The hard part was always setting up the filter chains to count the right traffic for what you wanted to monitor, and a lot of that was because I wanted to monitor more than just gross traffic for various protocols.

  • Sep 26th, 2017 @ 12:33pm

    Re:

    Except that in the eyes of the oppressive regime, the person fighting for freedom against them is a terrorist, and once they've decided that it's easy for them to portray said "terrorist" as attacking civilians and attempting to instill terror. We've seem police in the US doing it on a regular basis to justify their violent treatment of any gathering of people they don't like. We witnessed Trump trying to do it with Charlottesville. It isn't a matter of whether it's a bright line or not but of where exactly that line is painted, and in cases like this that often depends heavily on which side is pointing at it.

  • Sep 25th, 2017 @ 2:59pm

    Re: Re:

    No, impeachment isn't the sole way to remove judges from office. They hold tenure only on "good behavior", and the only rule is that there has to be a judicial proceeding with the opportunity for the accused judge to confront his accusers and refute the evidence against him before he can be removed for violating the terms of his tenure. SCOTUS or the CAFC or even the Federal judiciary itself could find that deliberately ignoring and willfully failing to abide by the law as laid down by the Supreme Court constitutes a violation of "good behavior" and proceed to try, convict if proven and remove Judge Gilstrap from office (subject of course to his appeal of the judgement to SCOTUS, I'm sure that'd be highly amusing to observe).

    The independence of Federal judges isn't absolute nor unlimited (see http://www.yalelawjournal.org/forum/removing-federal-judges-without-impeachment for the arguments). Congress and the executive branch can call judges to account for criminal actions, and the judicial branch itself can call judges to account for misbehavior that doesn't necessarily reach the level of criminal (independence is of the judicial branch from the legislative and executive branches, not of individual judges from the judicial branch).

  • Sep 13th, 2017 @ 1:38pm

    (untitled comment)

    I think the dodge may backfire on them. While Allergan may have sold the patent to the tribe, they didn't do anything that made the patent not be issued by the US PTO. The challenge to the patent would still be being made with the US PTO, under US law and in US courts where it's the US government and not the tribal government that's sovereign. So now it'll be the tribe having to defend the patent without any expertise in the matter, and the PTAB may refuse to allow Allergan to intervene and help the tribe since they're no longer a party to the review.

  • Sep 12th, 2017 @ 3:17pm

    Re: Hmm...

    Because the suit was brought by PETA who have no interest in establishing that the photographer owns the copyrights.

  • Sep 8th, 2017 @ 12:11pm

    Re:

    You mean guys don't like to look at Ming-Na Wen? Or Halle Berry? Or Salma Hayek? Or Charlize Theron? Or a host of others? If you believe that, I've got a bridge in Brooklyn you might be interested in...

  • Aug 28th, 2017 @ 2:53pm

    Re: Re: Re:

    Right now such a data breach wouldn't be damaging at all... for the company collecting the data, anyway, since it's all but impossible for the consumers who do suffer the damage to hold the companies liable.

  • Aug 28th, 2017 @ 12:14pm

    Re:

    I suspect the editing claim here's similar to one made by a Federal agent trying to run a sting on Backpage: when an ad using language that suggested the person being advertised was underage and/or involved in prostitution was submitted, BP refused to accept it and the poster had to edit it until all such suggestion was removed. This was presented as equivalent to BP editing the posting themselves, which of course it isn't.

  • Aug 24th, 2017 @ 2:01pm

    (untitled comment)

    The problem isn't the IP address, it's the near-complete lack of evidence that the IP address was involved in infringement at all. If a plaintiff wants to file a John Doe case, they should be barred from going any further than filing until they've shown their evidence to a judge with the standard being evidence that could survive a reasonable motion for summary judgment. If all the plaintiff has is a list of URLs, the case dies because there's no evidence in the record that those URLs contain copyrighted content or that if they do the plaintiff owns the copyrights. Each URL should be accompanied by a statement of exactly what content that URL contains, a detailed description of how the content was confirmed to be what was claimed, and a statement of who created the work and when and (if the author isn't the plaintiff) a complete chain of copyright transfers terminating with the plaintiff. If they're just an agent for the copyright holder, the case is suspended until they amend their complaint to add the copyright holder as a complainant and the holder's notified of the action.

    Those requirements should be easy to meet for any legitimate case, which means 99% of the copyright infringement cases out there either won't get filed or will get laughed out of the courtroom on the first day.

  • Aug 23rd, 2017 @ 12:17pm

    (untitled comment)

    I wonder what'll happen when the first complaint is made that the product contains a manufacturing defect (pointing out that the update is to fix a problem) and that the manufacturer is refusing to fix said defect as required by law unless the owner agrees to new contract terms?

  • Aug 21st, 2017 @ 2:00pm

    Re: The Joy of Unicode

    Like 'I' and '1', or '0' and 'O'. Or the infamous "'", "`", "‘", "’" and "′".

  • Aug 21st, 2017 @ 1:57pm

    Re: Re: The Joy of Unicode

    Unicode support is also a very necessary idea if you want web sites in countries other than English-speaking ones. Web browsers, however, should flag URLs that contain characters that're outside the Unicode range(s) used by your default locale.

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