vivaelamor 's Techdirt Comments

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  • On the post: Why Does The Press Still Blindly Believe 'Studies' Put Out By The Entertainment Industry?

    vivaelamor ( profile ), 26 Jul, 2010 @ 02:44pm

    Re: Re: Re: Wow... someone tell Blizzard!

    "I don't know if Debian distributes older versions via BitTorrent, but lets assume they do. They have a crapload of torrents. And that's just ONE Linux."

    They way they did the study, regardless of bogus data, is heavily biased towards 'popular' torrents. While traffic for things such as Linux distributions may be far higher for individual files overall, they are not even included in the study because they are unlikely to ever have enough traffic at one time to be considered popular.

  • On the post: Why Does The Press Still Blindly Believe 'Studies' Put Out By The Entertainment Industry?

    vivaelamor ( profile ), 26 Jul, 2010 @ 02:29pm

    Re: why?

    "For the same reason that you blindly believe that people using BitTorrent are "potential customers" who will eventually pay something willingly"

    You seem to have erred; if they 'will' eventually pay something then they are not potential customers, they are future customers. I believe you meant 'may' eventually pay something.

  • On the post: Why Does The Press Still Blindly Believe 'Studies' Put Out By The Entertainment Industry?

    vivaelamor ( profile ), 26 Jul, 2010 @ 02:26pm

    Re: press = wrong word

    "Anyone else does not believe it...."

    Would you really consider Arstechnica to be a 'big media' company?

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 26 Jul, 2010 @ 02:12pm

    Re: You would look more informed..

    "Again, if you can read, that was to do with COPYRIGHT, and copying EXACTLY the functionality of something that allready exists."

    I'm sorry, you're insulting my literacy skills? Don't overdose on irony, please. It might sharpen your own reading skills to read this quote from yourself, where you brought up copyright: "that in **NO** way ensures that you have not breached copyright, ip or patent rights **AT ALL**". You even put the whole thing in bold and gave it its own paragraph.

    "It has NOTHING TO DO WITH Design or invention or innovation, NOTHING !!.."

    Clean room design has nothing to do with design? They picked an odd name for it then.

    "Maybe you need to work out what the difference between patents and copyright are, and stop trying to mix the two as the same things."

    I'm not confused at all. You made a false statement about copyright and I pointed out the mistake.

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 25 Jul, 2010 @ 11:38pm

    Re: Reverse engineering is not clean room design, its the opposite.

    "Sure, I would apologise if I were wrong, the "case" you state has nothing to do with clean room design, it is a case about copyright and REVERSE ENGINEERING, RE is the opposite to clean room development, its taking the product that taking it apart to find out exactly how it works."

    No, it isn't the opposite. Clean room design is a method that can be used in reverse engineering. I quote: "To protect against charges of having simply (and illegally) copied IBM's BIOS, Phoenix reverse-engineered it using what's called a "clean room," or "Chinese wall," approach".

    I'm not reading the rest of your post until you admit that you are wrong about this.

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 25 Jul, 2010 @ 03:58am

    Re: Re: Re: There is **NO** independent invention

    "Clean room design, yea right, find out what that term actually means, then cite a number of cases (or ANY cases) where 'clean room design' or 'independent invention' was used as a defense for patent breach ?"

    First, cite where I suggested that it could be used as a defense for patent breach. Scrolling up, I can see that I said the exact opposite: "Independent invention is a core principle of clean room design. It does not protect from patent lawsuits". As for finding out what the term actually means, I might suggest a Google search?

    "that in **NO** way ensures that you have not breached copyright, ip or patent rights **AT ALL**"

    Hang on, we were talking about patents. Clean room design has been successfully used as a defense in other IP cases, as proved by case law. You've shown your obvious ignorance, please apologise.

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 25 Jul, 2010 @ 03:27am

    Re: Toyota spent Millions and years in court in NOT inventing, or advancing technology

    Please use longer paragraphs. Your posts are very hard to read. As this has already been pointed out to you, I have to wonder whether you do it on purpose for some strange reason. It certainly doesn't help your argument that you appear to reject the benefits of paragraphs, but presume to tutor us on proper use of words.

    "There still is no such thing as "independent invention"."

    ...

    "So are you going to be able to go to the patent office, and claim you invented the mouse trap? "

    The concept of invention is not reliant on whether something can be patented. Independent invention exists regardless of whether both inventions are granted patents. You were the one who suggested there needed to be a 'legal definition' for the concept to exist, which is plainly false. You seem to be confusing what happens in the patent system with real world concepts that predate the patent system.

    Frankly, because your posts are so hard to read, I can't be bothered to go on until you admit you are wrong on this point.

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 25 Jul, 2010 @ 03:01am

    Re: Re: Re: Re: Re: Re: Re: WHAT???

    "Try thinking about it in terms of etymology."

    Why? Patent law wasn't written in Ancient Greek.

  • On the post: Is MMS Just Like Limewire? New Lawsuit Against AT&T, Verizon, Sprint & T-Mobile Says So…

    vivaelamor ( profile ), 24 Jul, 2010 @ 11:51am

    Re: $1.5 BILLION?

    "What content is worth $150,000 per offense?"

    A song, according to the RIAA. It is what they actually claimed against Limewire. They went on to win the case, though the actual damages have not yet been set.

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 24 Jul, 2010 @ 11:34am

    Re: Re: Re: Re: Re: WHAT???

    "It is beliefs such as this that contribute to basic misunderstandings about patent law."

    Odd how "technology invented by" returns over 2 million results on google, yet I cannot find anything that supports a contrary view. Are you saying that in relation to patents, technology means something specific? That would be odd because as far as I can remember, when the fundamental patent law was written they referred to 'art' rather than 'technology'.

    "Technology in its purest form comprises information generally available to all and useful for crafting all manner of articles of manufacture, methods, improvements to such articles and methods, etc."

    Purest form? What is that supposed to mean, the Ancient Greek origins?

    "Patents, on the other hand, are directed to specific embodiments of such articles, methods, etc. "

    Each of which could be considered a technology.

    "Using your wheel as an example, the associated technology is the sum of all known means and methods by which to move an object from Point A to Point B."

    The wheel is a technology. Flight is a technology. Both may be considered part of the same technology, but each is a distinct technological concept, for which technology is a valid description.

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 24 Jul, 2010 @ 09:30am

    Re: A Bad Patent, But No Real Importance.

    "Nonetheless, this is a basically different situation from software or business method patents. Even the effect of a bogus patent is less important than the sheer expense of tooling up for mass-production, dealing with entrenched labor unions, etc. That is what separates the world of software from the world of mechanical hardware."

    You can certainly argue that the problem doesn't scale to the likes of Toyota, but I'm not convinced that it has such an insignificant effect across the whole mechanical hardware industry. Perhaps the simplest example is that of the mousetrap, which requires barely any investment.

  • On the post: Homeland Security Decides If It Just Keeps Interchanging Counterfeiting With Copyright Infringement, Perhaps No One Will Notice

    vivaelamor ( profile ), 24 Jul, 2010 @ 08:21am

    Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Category errors

    "US English of 1787 and US English of 2010 are two languages separated by a common nation."

    Then why do you keep pointing us to Thomas Paine's writings from the same period?

  • On the post: Homeland Security Decides If It Just Keeps Interchanging Counterfeiting With Copyright Infringement, Perhaps No One Will Notice

    vivaelamor ( profile ), 24 Jul, 2010 @ 08:19am

    Re: Re: Re: Re: Re: Category errors

    "By definition the Constitution precedes law."

    Which definition? The United Kingdom has an uncodified constitution, much of which comes from laws.

    "1) Read my quote of Edison about Thomas Paine to realise you need to read him in order to grok the Constitution."

    This still does not seem to make sense, why would the constitution be less clear than his original writings if it was based on them?

    "3) The Constitution was sufficiently explicit in 1787. It is the corruptions of our language and conception of rights vs privileges today that allows people to read the progress clause and misunderstand it as sanction to grant copyright and patent."

    You're going to have to be more specific than that. If you can't show us where the language has been corrupted then this point won't stand.

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 24 Jul, 2010 @ 07:59am

    Re: Re: which would almost certainly be more expensive than just paying this stupid company to go away.

    "Is that the glue from the moronic horse you fell off of and beat to death?"

    You missed out where he sniffed the glue.

  • On the post: Homeland Security Decides If It Just Keeps Interchanging Counterfeiting With Copyright Infringement, Perhaps No One Will Notice

    vivaelamor ( profile ), 24 Jul, 2010 @ 04:12am

    Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Category errors

    "Paine effectively had direct input into the intellectual rigour and semantic integrity of the Constitution - even if he didn't pen each clause."

    Even so, if the document itself doesn't explicitly state what is meant, then his influence is beside the point.

  • On the post: Funny How All The Senators Supporting Anti-FCC Bill, Have Raised Lots Of Money From AT&T

    vivaelamor ( profile ), 24 Jul, 2010 @ 03:52am

    Re: Sounds Pretty Worthless Actually

    "So virtually every Congressman would be walking around with a suit filled with patches"

    With that image in mind, I'm sold.

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 24 Jul, 2010 @ 03:46am

    Re:

    "I agree with Darryl."

    I was in complete agreement up until this point.

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 24 Jul, 2010 @ 03:44am

    Re: Re: Re: WHAT???

    'No, the patentee did not invent a technology. The patentee created an "invention" using a technolog(y/ies).'

    You can invent a technology.

    "I say this because it is clear to me that many people, including at times you, conflate technology with invention. One cannot patent the former, but under the appropriate circumstances consistent with the requirements of the Patent Act may be able to patent that which he/she actually invented."

    I'll say it again: you can invent a technology. The wheel is a technology. It was also an invention. If it weren't obvious, and thousands of years old, then it would probably be patentable.

  • On the post: Toyota Settles Big Hybrid Engine Patent Lawsuit; Demonstrates The Patent Tax

    vivaelamor ( profile ), 24 Jul, 2010 @ 03:22am

    Re: There is **NO** independent invention

    'If there was there would be a legal definition of the term "independent invention" and there is not.'

    Independent invention is a core principle of clean room design. It does not protect from patent lawsuits, but that does not mean that the concept is non-existent. The idea that you may not have invented something because some alien race whom we may never meet might have done it first is ludicrous. It's like saying that only one person can ever discover something. You appear to have invented your own definition.

    "And after all, the only word we have that toyota 'independly invented' it was because they said so, so why did they not lodge their invention with the patent office. (did they not have enough money to pay the PTO)?"

    Did you read the article? I quote: "Even though it notes that everyone admits that Toyota came up with these inventions independently". The patent from Paice came first, how would Toyota registering their own patent affect the outcome?

    Ugh, on reading the rest, you really didn't read the article, did you? Well, that was even more of a waste of time than normal.

  • On the post: Homeland Security Decides If It Just Keeps Interchanging Counterfeiting With Copyright Infringement, Perhaps No One Will Notice

    vivaelamor ( profile ), 23 Jul, 2010 @ 09:58am

    Re: Re: Re: Re: Re: Re: Re: Category errors

    "The point is, I naturally prevent the burglar making a copy by putting locks on my doors and sitting up all night laying in wait to accost any intruders. The problem is, sometimes the burglar defeats my physical abilities. That's why I empower a government to secure my right."

    I'm not sure I want to get into a discussion on this subject at this time, as interesting as it may be. I will say that I recognise the distinction you draw and agree that the law should protect those who do not wish to publish; I just disagree that the current law is insufficient to protect them.

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