2168 posts • joined Tuesday 11th April 2006 13:45 GMT
@Tom ... Re: Take 'em for every penny you can boys.
How is this a parody?
I don't disagree with your assessment, but at what point do you draw the line between a parody versus a blatant rip off.
I'll be honest. If I were in the jury, I'd side with the Beastie Boys.
They aren't doing a parody, but are selling a product.
Evil Google Plot?
Once those emails went to a Google account, all that information was automatically slurpped up by Google and is now there property.
Think about that for a sec....
But one has to ask... using a gmail account for internal secure information would have to violate a number of security and policy rules.
I'll wager a couple of people lose their jobs over this...
Re: @ Alain If they allow copyright on APIs ...
I was merely following a poster's argument.
Go back up the thread.
The point is that many comentards go off half cocked and post weird shit that makes no sense.
Oracle's argument is very subtle and if you understand software development, you'll see that they actually do have a case. Unfortunately its a very difficult argument to understand how an API could deserve copyright protection. (An outline isn't the final work and thus doesn't deserve copyright protection is a much easier thing to understand. Until you realize that the APIs are not merely just an outline...)
Like I've said in an earlier post... we all know what Google did.
We all know that they are guilty.
But what we can't prove is that they are guilty and that's the nut Oracle has to deal with.
(And for the slower comentards... the burden of proof is on Oracle to prove guilt to the satisfaction of the judge so while they may be guilty, they are not proven guilty.)
Re: If they allow copyright on APIs ...
"Has the US ceased to be a common law country? US courts take account of precedent as well."
You clearly haven't spent time in court.
The lawyers raise the arguments and raise precedence.
Sure the judge can use their knowledge of the law, but if they don't know about the precedence, and the lawyers don't raise it... there you go.
Now that's just the judge. Jury trials... the jury hears the argument and bases their decisions on the arguments made by the lawyers.
As an Ameriken, [sic]
Its very easy to bash the ACA over the website. There is a lot wrong with the ACA.
Having said that...
There were a lot of things wrong with the website. Far beyond that of MarkLogic.
First, the website didn't scale.
Second there were so many holes that it was clear the site wasn't tested at all. period.
Then add to it the security concerns.
The lack of the back office connections working,
The fact that data isn't correctly being sent to the insurance provider...
Its a mess.
Did MarkLogic play a role in this mess?
Do they deserve to take all of the blame?
No, but the choice of their product over that of a product from a vendor with less risk?
That's a decision that deserves some scrutiny...
Re: This is a tough one...
But you don't have Developers A and B.
You have company A who produces a product and company B who wants to use the product, but doesn't want to pay the licensing fee. So they create their own like product. In an effort to make adoption of their product to people who use company A's product easier, they keep the same APIs.
We all know what Google did.
We all know why they did it.
What Oracle can't prove is that what they did, didn't occur via legal manners. (using a clean room) Although using the same published APIs could be a violation and that's what Oracle is arguing.
Its not a straight forward and simple case or argument and its more than likely the judge will get it wrong.
As others have noticed if precedent is set it means that house brick making organisations can now claim anything built with its house bricks owes a copyright fee or has breached copyright.
Sorry but that's pure BS.
I think you really need to learn more about the law before you go off half cocked.
Re: If they allow copyright on APIs ...
The US judges find it very difficult to understand that anywhere outside of the US actually exists, so they are hardly likely to pay any attention to a non-US court.
You do realize that US based judges and courts rule based on the following:
- the arguments raised in front of them
- the law itself
and they ignore everything else.
So it doesn't matter what the EU thinks. Or what their laws say...
They have their hands tied.
@ Alain Re: If they allow copyright on APIs ...
I will be down voted by commentards but oh well...
First off nuts and bolts can be patented. Like barb wire.
But those patents have long since been gone. (Patents only have a limited life span.)
However if you create a new and modern take on the bolt, you can patent it.
In short, your argument falls completely apart.
The API is a public exposed interface which does actually have some creativity involved.
Google could have created their own APIs that did roughly the same thing, however Google wanted the compatibility of Java. (But its not java, which is their claim. )
Suppose I have a system and I say my API call is foo(something)
I'm successful and many people like my product and its API.
Now you create a competing product that you want developers to automatically familiar with my APIs to be able to use your product.
Rather than creating bar(something) which is analogous to the same thing my foo() does, you just copy my APIs.
Depending on the oral arguments... its going to get interesting.
@Richard... Re: Throw the book at her.
First, Google glass are not prescription glasses so the driver doesn't need them on when driving.
Second, the fact that she has them on and that they can be a distraction.
If they were off, then why was she wearing them?
Think of it like having an open bottle of whiskey (top on) sitting on the floor on the passenger side front seat.
What to bet that the officer will want you to step out of the car... ;-)
Throw the book at her.
How do you know that the glasses are off?
Seriously... she could have lied or turned them off when she was pulled over.
@ John Brown... Re: Funny thing...
You would be charged NY taxes because of your bill to address which would determine your location.
Re: Dear Article Author
I'd say that you have been watching too many movies and/or don't understand suppression fire.
(Scout Snipers 'One shot, One kill')
But more to the point...
If the 'gun toting home owner' is in the military and has access to experimental arm... glaze the target for range, then launch a proximity 20mm grenade or exploding round...
@Tom Re: Funny thing...
First its just the state of NY collecting sales tax.
The reason why out of state businesses were not forced to collect sales tax was that there is a large burden on the seller.
Having said that... currently its only one bucket.
But if you want to go down that path...
If you go by zip code... (ZIP and not ZIP+4)
You would have a short list of taxes on goods sold over the internet.
State, County, CIty would be the break down.
This could easily be managed in a small data base run by each state.
Then a store would have to only download this database once a period. (quarter or annual)
In a JSON format, you could store the entire database in to memory. ( lets say 1K per zip)
44K zip codes == 44 MB or so? Lets round up... 256MB could contain the data.
Now if you're an online retailer or an affiliate of one... it would now be trivial to process sales taxes.
To your point. Buying prepared food over the net wouldn't incur a restaurant tax. If you want to, go to your local grocery store and buy a ready to eat prepped food.
Do they charge you a restaurant tax?
Now you and I may not like paying the tax, but you can't say we don't already owe it and we 'should' be paying that tax.
(Note: I seriously doubt anyone really does pay it on their own...)
@Tom13 Re: So will Amazon have to pay back taxes ?
Actually Amazon does owe the taxes. (Technically)
The company selling the product is required to collect the tax and then pay it to the state based on their reported sales in that state.
NY State changed the law, and Amazon challenged the law and lost.
So Amazon would owe the state of NY what should have been collected on shipments to NY residents when the sales tax would have gone in to effect.
So lets say that the law was to go in to effect Jan 1 2012. Then Amazon would be on the hook for taxes since Jan 1, 2012.
Note that what will end up happening is that Amazon and the State of NY will negotiate a settlement less than what is actually owed.
Considering that you the buyer who purchases stuff over the net, owes the tax, be thankful that Amazon doesn't just give a summary data of NY residents and their total purchases and let the State of NY go after them directly. (Which is something that they could do.)
I don't know if you've shot magnum loads... Or slug guns... ;-)
But 300ft == 100 yrds. While the real effective range for a hunter is ~45-50 yards using shot and ~100-150 in a slug gun, it only takes 1 pellet to do enough damage. (The pellets would travel further than the effective range, however the shot pattern would be for shit.)
Think that the drone would have a shroud around the blades, the idea of getting a line to jam the rotors is going to be hard if not impossible.
However, a slug gun could hit it or at least the package and then the debris could clog the rotors if not the slug.
Keep in mind that the drone is going to fly slow enough and will not alter course so you could get a couple of shots off.
NOTE: I am not recommending that one fire a slug gun in to the air, however... its possible that a full chocked magnum could send a lucky pellet to take out the drone.
Personally I'd suggest a remote control airship with a small explosive device to spread chaff.
Or if you are experienced with a kite... you could use it to take one down...
(Assuming that the drones would fly overhead on a regular basis at roughly the same time each day...)
Of course Amazon would probably sue you for shooting down their drone.
Re: Just a small nit... @Ian Michael Gumby
The point is that the author portrays Elop as a Nokia man. Not as a former exec and insider to Microsoft.
Rumour has it that Elop left Microsoft to gain CEO experience so he could prove himself ready for the job.
With the ok'd acquisition of most of Nokia... he's back to being a Microsoft exec.
That's what's missing from the article.
Re: John Carter
Just a small nit...
Did the El Reg reporter forget that Elop was an exec at Microsoft prior to going to Nokia?
While everyone is betting on who's next, remember that Microsoft isn't in the Valley, but sitting way up north in a different state. And a different state of mind. ;-)
But yes, I can see where a Brit trade rag would want to root for one of its home town heroes. Its only natural.
But don't forget that Elop is Canadian, no?
And well if he's not French Canadian, he's the closes thing to a Brit, no?
So he could be a bastid son of the UK and you'd still win.
Just trying to put the positive spin so you don't feel bad when Elop gets the job. ;-)
Re: John Carter
But AC, you made a valid Segway because both John Carter and this dog of a movie lost Disney studios a bucket load of money.
Re: I think the Photographer should Appeal
He can't appeal his victory.
However... if the AFP and Getty go and fight it, they could revisit the $650 per incident and up the ante in his favor. That would definitely be the danger of their appealing it.
So if they lose the appeal and then award goes up to 10 million, do you think that they will quit while they are behind?
Keep in mind... if this stands... anyone stealing your work from the web and you retain the rights... you can sue.
Google can't survive...
If you remove their ability to scan your emails, your personal details, your surfing habits from all of the sites running Google analytics... etc ... And then there's Android, and then Chrome, and their new TV device...
How much data is being slupped about you?
And because they do it, other products like smart TV is doing the same thing.
Damn it, like any other red blooded Ameriken, I went to the internet so I can watch p0rn in the privacy of my own home. And now we know that its not private from Google and others. Maybe I should start a chapter of PAA (P0rn Addicts Annon)? I have never felt so violated....
Google is 'Big Brother' since they are a Global brand and they put the CIA and NSA to shame....
(Think about it... )
Yet another first...
This is definitely one plot episode that the SImpsons didn't do.
But alas no Captain Chaos.
"IBM’s software supremo, senior vice president Steve Mills, said: “Hadoop is there for the taking.”"
Funny, but while it may be true. Its alluded IBM for the past several years. Not to mention that they are still fighting for traction...
Re: Yes, HSBC Bank.................
"Are those slimey cocksuckers in jail right now?"
No... HSBC cooperated with investigators...
Think of it this way...
Bit Coin only has value as long as two parties agree that it has value and then does a barter between bit coin and the other object.
(Converting Bit Coin to cash is an example. )
So if I put on my Heisenberg Hat... I'll sell you this bag of meth for either $200.00 (USD) or a Bit Coin.
This would mean that I and you believe that a Bit Coin would be worth approximately $200.00 USD.
Or one bag of high grade meth. (Not that I know anything about Meth. ) Just pointing out the use of Bit Coin for illegal transactions....
If all of a sudden either you or the other party decide not to accept or use bit coins... the value is going to drop. So if you're holding 100s of coins and want to buy meth, but no one wants to sell you meth for bit coins, you're going to be SoL...
Its simply supply and demand at work. Who cares how many bit coins there are, or how many you own if no one wants them.
Its like the Pet Rock of this century.
Re: second biggest?
Its not just the switch...
Arista is doing well as a ToR switch.
But the reason Cisco is still king is that they not only have all of the fabric in the DS, but the software tools to control and tie them together into a simple easy to manage network.
So you can drop in some guy, train him up on the software and he can manage your DS's network. Hire two more 'junior' guys as his backup... and you're covered. Try doing that with a heterogeneous network and its a bit more difficult.
Now I'm neutral on this and I do like Arista ToR switches. Much cheaper than Cisco, however, I'm not the guy who's making the purchase decision... that guy isn't going to bet his job on someone other than Cisco.
Re: That's not graphene!
I had to up vote you because you're correct.
The question is how can they say its graphene and that it will have the same strength. Not that Graphite doesn't have its own value, but that if I buy a 3cm by 6cm square of their 2 micron thick material, and then compare it to 2 micron thick steel... (if I can get it...) would it be 200X stronger ?
If I were to take 500 layers of the strips laid out in a crossing pattern and glued them together (think carbon fiber) it would be at least 1/64th of an inch thick, although the glue/resin would make it thicker. If I compared it to a 1/64th inch thick piece of steel, or a slightly thicker piece, would it still be 200X stronger?
Now that would be interesting. Then you could take and create a fabric composed of sheets of this and carbon fiber to create very thin skins for cars and other products.
Does anyone know if they've produced any research on their product in terms of compression and tensile strength?
Re: Clearance 3M / 11FT. WTF?
That tag is so the driver knows the amount of clearance he has in terms of over passes.
3 meters = 9 feet, 10 inches and roughly 1/8"
So if an overpass says 11 feet you know you're ok. Less than that... oops. And trust me you don't want to break the boom and the equipment. ;-)
Re: I expect to get a zillion downvotes but...
Just to add: "“Imagine if the government were to put an Echelon-style content filter on routers and ISPs, where it examines billions of communications and 'flags' only a small fraction (based upon, say, indicia of terrorist activity). Even if the filters are perfect and point the finger only completely guilty people, this activity still invades the privacy rights of the billions of innocent individuals whose communications pass the filter,” he wrote. “Simply put, if a computer programmed by people learns the contents of a communication, and takes action based on what it learns, it invades privacy.”"
So while many say its OK for Google, a for profit company who has few legal restrictions placed upon it, can and will read the mail. While I may not use Google, because they provide mail hosting domains for companies, they still read my mail when I send it to someone using Gmail and a 'vanity domain'. Unfortunately I don't have the ability to check that out ahead of time....
In short, I didn't agree to their snooping...
Re: There's more to mapping than photos.
A lot of what you say is true, however Google has been toying with LIDAR for a while.
@Nigel ... Re: Ooops. Can you say "Tipping point"?
And how many aircraft were grounded?
(Hint: I didn't say airplanes... ;-)
Re: Time Lords as foes?
I was thinking the same thing about the time lords. The master is a special case, but the other time lords aren't enemies except that the Doctor stole the Tardis and I dont think they approve of his interference with the humans. (I'm not sure since I'm thinking back to the '70s era before the time lords were killed off.)
I wonder which aliens would be the most dangerous? I'm thinking the angels since they could send you back in to time and I'm assuming that its not just time, but also space... (Hint: The earth is moving, the solar system is moving and the galaxy is moving... ;-)
Re: Back in the nineties ...
I really don't think it would be good to use when cloaking a tank.
It only cloaks it to radar.
Thermal imaging and regular sight will still show the tank.
Now if you could integrate this in to an aircraft's skin and it would stand up to supersonic flight? ....
Or on the other end of the spectrum.... a slow moving airship.... at a high enough altitude w camouflage paint would make a good spy platform, especially at night.
Am I the only one who gets a little disoriented...
Sorry, but when looking at the shots, the distortion around the edges of the photo start to make me a little queasy.
Much worse than a fish eye.
Both IBM and Oracle has had databases where you could have multi-tennancy ?sp?
The issue that plagued them was that there was a shared common temp table structure.
Informix's IDS lacked this problem...
@ M Gale... Re: Gumby physics fail
Yeah I was going to point that out but you beat me to it. ;-)
Its easy just to say that from the Mid West to Europe and back is about 1/2 a second.
My guess is that the servers in Google.com don't all exist only in the US. ;-)
Re: Please Google, use the Nuclear Option!
That actually works for me.
It would mean that other search engines could actually gain a foothold and survive.
It would also mean that Google would have to repatriate their offshore monies back to the US and we could use the taxes to help offset the ACA...
Whistle = Blow this!
Its very easy to argue that we (the netziens) are all interested parties.
Do you really want to go through all of the legal stuff that says that its ok for this sort of leak when it is in fact in the public's best interest?
The clause where Google can redirect back to the US domain and bypass French laws is actually pretty damning.
And here's the more interesting thing... what's in a name? By this I mean if they redirect to Google.com and the server that they redirect to is actually still sitting in France... is that still ok? Otherwise if they actually redirected to a Google.com machine back in the US of A, there would be this really nasty delay of 300+ ms just on the signal traveling at the speed of light halfway around the world and back again.
Re: spying envy?
You do realize that every country in the EU does in fact spy on the other countries as well as other countries outside of the EU...
But then again Reding represents the EU so I'd say his comments are a bit biased.
I remember it too. I know exactly where I was when the shit hit the fan. ;-)
I want to say that thanks to Morris, we have CERT, or was it that Morris put CERT on the map.
(Spafford was at Purdue if memory serves...)
(Its been a very long time and I've destroyed too many brain cells.)
Because I was a student system admin for one of the departments at my University... I got a boat load of emails and stuff on the worm.
The biggest thing that saved Morris was that he didn't think that it would replicate as quickly as it did and he was very repentant at the time. (Or that it would spread as quickly as it did...) The bottom line I don't think Morris thought about what could happen when he wrote it and launched it.
I used to ask people who insisted on .rhosts or /etc/hosts.equiv entries where they were when Morris released his worm. If they give me a blank stare, I'd give them the 15 min lecture. Or if they remembered... they would just quietly go away.
I don't think you remembered it wrong.
The thing about Morris was that he took advantage of a couple of major flaws and the worm over replicated quickly. Also he took out what was then the 'net or internet that grew out of arpanet.
The .rhosts, /etc/hosts.equiv was one insecurity. There were a couple of other things... but lets not go there.
(Geez, I hadn't thought about it for years... kinda surprised I remembered as much as I did. ;-)
@ Carl... Re: WTF?
First under US patent law, you can't patent a mathematical formula So the algo itself would most likely not stand.
With respect to laches, the defendant would have to show that the patent holder knew of the infringement. Note that is know and not suspected of the infringement.
And yes, to your point, the moment that you know of the infringement and can show that there was infringement, you are obligated to start the legal process. Note that it doesn't mean that you have to sue right away.
You can start with letters between lawyers and even issue a cease and desist request/order. If the infringement continues unabated, and it takes a couple of years to sue... you couldn't use laches as a defense.
Why the hell is it possible to buy IP and then sue people for products which the previous IP owner did not object to. Surely the lack of legal action is an implied permission?
If the patent holder waits too long, there is a defence of "laches" available. Quite how this plays out when you get a change in holder, I don't know. I guess we'll find out.
While, IANAL, the best answer is it depends and laches may not apply...
First the issue raised by the OP ...
Just because the prior owner doesn't sue, doesn't mean that you can't or won't.
Nortel would have to spend $$$ hiring lawyers taking the offending company to court.
They didn't have the money or felt that it was worth the risk.
Second, they would also have to have proof of the infringement.
You can't sue someone just to see if they did or did not infringe on your patent.
(That's called a fishing expedition. Note that some things under tort law are different.)
Which then leads to the laches issue. In order to apply laches as an affirmative defense, you have to show that the injured party knew, or that a reasonable person should have known that the infringement occurred and that they waited too long to object.
In order to use this as a defense, Google would have to show that the party who bought the rights to the IP knew of the infringement.
This is why they are making a point of why Google bid on the patents and continued to bid up to 4+ Billion USD.
The more you know...
The third time's the charm?
"There's a still lower chance - just 5 per cent in the next half-century - of a proper, really bright visual supernova of the sort that appeared in 1604. "
So that would have been the second coming.
This would mean that this would signify the third coming...
One has to ask ... does this mean that the third time is the charm, or three strikes and you're out?
Re: Floppy disk -- I've got one in the car
That must be a 3.5" in a hard plastic case.
Real men had 8" floppies that were still flexible.
@DaveK Re: Here we go again...
When you consider that your IP is a tangible asset, you set yourself up for this type of thing.
What you are saying is that you understand that if you create some IP, you have the right to sue someone for stealing your idea. Yet you don't understand that if you sold your company and your IP that the guy you sold it to doesn't have the right to protect the business he just invested his money in?
Sorry, but really?
Getting serious for a second, just a second...
The issue isn't with the law, but with the patent in the first place.
What are they suing over... how to associate a term with an advertisement?
"According to court filings, Rockstar is asserting seven patents against Google, which cover technology that matches search terms to relevant advertising, the company's core business. "
Its these software patents that are incredibly bogus in the first place.
Software patents are a joke. You want to fix this... reform patent law and remove software or business process patents. There may be multiple ways to skin a cat, but they are finite and some are more optimum than others...
@Andrew.. Re: how much?
Elop the next Microsoft head? ;-)
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