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No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Comments belong to whoever posts them. Please notify us of inappropriate comments.
Stop patent mischief by curbing patent enforcement
Authored by: Anonymous on Friday, November 09 2012 @ 02:41 PM EST
https://www.infoworld.com/d/open-source-software /stop-patent-mischief-curbing-patent-enforcement-206658
Everyone seems to have their own idea of how to deal with patents :p.

[ Reply to This | Parent | # ]

Advice for new Teaching Assistants
Authored by: Anonymous on Friday, November 09 2012 @ 05:06 PM EST
This is based on a short talk I have given several times to new TAs (mostly new graduate students) at Carleton. It's very basic. I think it should work for most subjects, not just economics. (Though maybe not as well for science and engineering where TAs run labs?). I think it should work for most Canadian universities too, and maybe outside Canada.

I have no special expertise in this area. But I do have a lot of experience, because I have taught a lot of big courses with a lot of TAs. You will probably be working for someone like me, so you need to know what I expect.

Nick Rowe, Worthwhile Canadian Initiative

Nick Rowe is a Professor of Economics at Carleton University in Ottawa, Canada

If the list is relevant, then you'll want to read the comments too

[ Reply to This | Parent | # ]

If suddenly you have got a whole lot of IPR issues and you've got and you've got to pay Apple...
Authored by: SilverWave on Friday, November 09 2012 @ 05:41 PM EST
"If suddenly you have got a whole lot of IPR [Intellectual Property Rights] issues and you've got to pay Apple half of your profits, everyone is going to say, perhaps I am not going to support Android anymore and maybe I'll go with Microsoft instead," said mobile analyst Richard Windsor, who blogs at Radio Free Mobile.


As it turns five, Android solidifies its smartphone OS dominance

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | Parent | # ]

Pfizer caught "gaming the system," loses [redacted] patent in Canada
Authored by: Anonymous on Friday, November 09 2012 @ 07:25 PM EST
From ars technica:
The Canadian Supreme Court has ruled 7-0 the company should have its patent taken away because the drug company attempted to "game" the system, grabbing a patent without disclosing what their invention really was.

Further on:

In the US, Pfizer's patent rights on [redacted] were originally set to expire in 2012. But when generic companies moved to enter the market, Pfizer piled on a "method-of-use" patent over the same drug, set to expire in 2019. A federal judge upheld that patent after a bench trial last year, so Pfizer will be the only company allowed to sell [redacted] [the compound required to make [redacted]] in the US for at least seven more years, and prices will remain high.

<insert snide remark about american legal system here>

I assume [redacted] and [redacted] are [redacted] because they occur frequently in spam, not because they're "bad words" per se.

LOL, GL even replaces [redacted] in the URL so I can't even link to the story.

[ Reply to This | Parent | # ]

631,000 Uncounted Ballots Pile Up
Authored by: Anonymous on Friday, November 09 2012 @ 08:43 PM EST
...the state of Arizona is not only not done tallying up votes—it’s now actually tallying up the number of uncounted votes. And the number is getting larger by the day. ... This is how Sheriff Joe keeps his seat.

[ Reply to This | Parent | # ]

Romney campaign turned to Microsoft
Authored by: SpaceLifeForm on Friday, November 09 2012 @ 09:58 PM EST
Article at arstechnica. No surprise this happened and no surprise at the results.

---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | Parent | # ]

Romney lost the all important *lut vote...
Authored by: Anonymous on Friday, November 09 2012 @ 10:39 PM EST

This isn't about politics per se. It's about discrimination.

in an article titled Romney lost the all important slut vote the writer managed to insult every woman who didn't vote the way he wanted. In fact you get the idea he would rather that

Women

Gays

[redacted]s - [Redacted] stands for women who like women, and one of the major Spam targets. I hate Spam

Bisexuals

Transgendered

And everyone else he doesn't approve of be denied the right to vote. He claims he's coming from a Biblical standpoint. Sorry guy, there's nothing in the Synoptic Gospels about this. What little there is, in the New Testament, is open to debate (read Paul's letters carefully - he never directly says anything like this).

While there are things in the Old Testament, most Christian sects teach that Christ's atoning sacrifice replaced the Old Testament requirements, which is why Christians don't usually stone adulters...

Another point is that Jesus said to love, not hate one another. Reads like hate to me.

Render unto Ceasar what is Ceasar's. Which the incoming Archbisop of Canterbury did really nicely in his speech today.

Wayne

http://madhatter.ca

[ Reply to This | Parent | # ]

Privacy in Ubuntu 12.10: Full Disk Encryption
Authored by: Anonymous on Saturday, November 10 2012 @ 01:49 AM EST
It took a year and a half, but the Ubuntu developers finally delivered, and they did an excellent job.

When you install Ubuntu, now there's a checkbox to "Encrypt the new Ubuntu installation for security." Users who are new to GNU/Linux and just making the switch can easily have the same level of security against physical-access attacks as seasoned nerds.

Micah Lee, EFF

[ Reply to This | Parent | # ]

Do Not Track arrives in Chrome 23
Authored by: Anonymous on Saturday, November 10 2012 @ 02:32 AM EST
Why?
The lead graphic in this arstechnica story says it all,
... Any effect depends on whether a website responds
to the request, and how the request is interpreted...

[ Reply to This | Parent | # ]

Inside Android 4.2's powerful new security system
Authored by: SilverWave on Saturday, November 10 2012 @ 03:13 AM EST
Inside Android 4.2's powerful new security system

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | Parent | # ]

Analyst: There are LOADS of iPhone 5s, Apple is keeping them back - Treat the fanbois mean...
Authored by: SilverWave on Saturday, November 10 2012 @ 04:41 AM EST
Analyst: There are LOADS of iPhone 5s, Apple is keeping them back - Treat the fanbois mean, keep 'em keen

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | Parent | # ]

  • Or. - Authored by: Anonymous on Saturday, November 10 2012 @ 05:37 AM EST
  • They might all be broken - Authored by: Anonymous on Saturday, November 10 2012 @ 02:29 PM EST
Google's review by FTC nearing critical point
Authored by: Gringo_ on Saturday, November 10 2012 @ 06:01 AM EST

One of the most balanced articles I have seen on the topic to date. Clearly there is a group of Congress people (and Senators?) behind this effort. I was wondering if the election might have changed the balance of participants for or against Google.

In any event, it is a terrible waste of resources focusing on Google, when there are real anti-trust violators to go after. They might look into both Apple's and Microsoft's anti-competitive behaviour via misuse of patents, as well as Microsoft's campaign to disparage Google. That would be money well spent.

[ Reply to This | Parent | # ]

Apple quality control slipping diagonally
Authored by: Gringo_ on Saturday, November 10 2012 @ 06:38 AM EST

Apple iPhone 5 touchscreen glitch discovered by developer

The glitch manifests itself as a dropout of touch input when quickly scrolling diagonally across the screen. Appears to be related to the underlying hardware so a software update may not fix it. YouTube video

[ Reply to This | Parent | # ]

Critical flaws surface for Windows 8
Authored by: Gringo_ on Saturday, November 10 2012 @ 07:10 AM EST

Microsoft warns of first critical Windows 8, RT security flaws - ZDnet

[ Reply to This | Parent | # ]

To go where no one has gone before - The Belly Button!
Authored by: Anonymous on Saturday, November 10 2012 @ 10:17 AM EST

Scientists got a shock. During an attempt to interest people in Science, they took some samples of Belly Button Flora and found a new scientific frontier, which was closer than most, the human skin.

Fascinating and funny article. You'll never look at a Belly Button the same way, ever again. Next stop: The Armpit!

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

Google infringes old Lycos patents, must pay $15.9 million
Authored by: jheisey on Saturday, November 10 2012 @ 11:00 AM EST
A jury awarded a patent troll a lot less money in damages from Google and a few
advertising partners than the company was hoping for - $30 million instead of
$493 million. Google itself is ordered to pay $15.9 million. I think PJ had a
news pick earlier about the lawsuit with the opinion of an analyst who said that
this lawsuit would cause Google's value to go to zero.

http://arstechnica.com/tech-policy/2012/11/google-infringes-old-lycos-patents-mu

st-pay-30-million/

[ Reply to This | Parent | # ]

Laptop for college student?
Authored by: Anonymous on Saturday, November 10 2012 @ 12:14 PM EST
What do people recommend for a college student's computer?

How much memory? How much disk space?

Processor?

Programs available? Almost certainly she will need MS Word compatibility. Is
OpenOffice transparently equivalent enough that she can just use it, without
ever having to fiddle with things so that they show up right on Word?

Weight? She's going to have to lug it everywhere for 4 years...

MSS2

[ Reply to This | Parent | # ]

It Was Twenty Years Ago Today
Authored by: Anonymous on Saturday, November 10 2012 @ 04:39 PM EST
No, not Sgt Pepper, rather
Twenty years ago today, on 9 November 1992, Nokia launched the world's first commercially available GSM digital mobile phone - the Nokia 1011 - strengthening consumer interest in the world of mobile connectivity. The candybar device - which weighed a whopping 475g and could sustain a conversation for no more than 90 minutes - also introduced text messaging, viewable on the handset's two-line display.
The Register

[ Reply to This | Parent | # ]

Car Dealers Sue Tesla ..
Authored by: Anonymous on Saturday, November 10 2012 @ 05:55 PM EST
"Robert O'Koniewski, the executive vice president of the Massachusetts State Automobile Dealers Association, is suing Tesla for opening a store in a local mall.

In Massachusetts, f ranchise law 93B prohibits a manufacturer from owning a dealership, O'Koniewski says. An auto dealer association in New York is also suing Tesla
. link

[ Reply to This | Parent | # ]

The Great Escape
Authored by: Anonymous on Saturday, November 10 2012 @ 09:23 PM EST

History Chanel is running a documentary about an Archaeological dig at
the site of The Great Escape. Fascinating stuff. Sorry, no link.

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

Apple and HTC reach 10 year patent truce
Authored by: SpaceLifeForm on Saturday, November 10 2012 @ 10:54 PM EST
Of course details are secret.


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | Parent | # ]

HTC and Apple settle all patent issues, enter 10-year licensing deal
Authored by: Anonymous on Saturday, November 10 2012 @ 10:57 PM EST
Notably, this settlement applies to all past and future patents for the companies, meaning we shouldn't be witnessing the two fight it out in court for years to come -- at least on the patent front. Hopefully we'll soon begin to see more of the same with other ongoing patent wars -- Apple vs. Samsung, anyone?
Joe Pollicino, engadget

[ Reply to This | Parent | # ]

Judge Koh is Thinking about Jury Misconduct & When Apple Learned of It (Apple Responsibility)
Authored by: webster on Sunday, November 11 2012 @ 01:40 AM EST

Or Apple's Nightmare Issue, part ii


This is extraordinary enough because of a billion-dollar verdict. In addition various acts of the foreman, some in deliberations and some out, each alone, are incredibly extraordinary and (in)fortuitous depending on your point of view. Let us examine the Judge's mind and order:
On October 30, 2012, Samsung filed a motion to compel Apple to disclose the circumstances and timing of Apple’s discovery of certain information regarding the jury foreperson. ECF No. 2108. On November 2, 2012, Apple filed an opposition. ECF No. 2118. At the December 6, 2012 hearing, the Court will consider the questions of whether the jury foreperson concealed information during voir dire, ...
The Judge has thought deeply ahead. This is the first step. It is obvious something significant was concealed or this order would never have occurred. She is plotting a record in the likely case that she has to rule on this drastic, lucrative issue. Someone knew about the Seagate case in the courtroom during voir dire, the trial and during deliberations. For sure the Judge and Samsung did not know. The Judge has thought ahead about it as if the concealed information AND the concealment matter and has plotted this course.
... whether any concealed information was material, and whether any concealment constituted misconduct.
As far as the validity of the trial is concerned, the information has to be material, i.e. important or essential. It was certainly significant, a juror sued by a party [or the party's predecessor]. But the fact that he concealed it multiplies its significance. It is not the sort of thing that would slip his mind during a voir dire as indeed it didn't by his own accounts after deliberations. He even told an "untruth" saying the Judge asked only about the last ten years. Material should be enough, but the Judge goes beyond to "misconduct." While the misconduct makes it worse, she could just be satisfied with a material omission and rule on that. But poor old Velvin is not going to remain undisturbed. Will he be called in as a witness? If they get him, they will need other jurors. He is either getting old, he can't apply jury instructions or he has an axe to grind. Anyway, at this point he has little credibility. The judge appears from this order to be focused on the concealment. That looks to be {bad} enough. More explanations won't help or make the situation any worse than it is, one must imagine. Apple would love to just argue damages.
An assessment of such issues is intertwined with the question of whether and when Apple had a duty to disclose the circumstances and timing of its discovery of information about the foreperson. Accordingly, the Court will address Samsung’s motion to compel at the December 6, 2012 hearing.
Intertwined! Poor Apple! If she finds it material, that Velvin concealed it and/or voir dire missed it, then why intertwine Apple? Because she is ticked off! A month of her life wasted on this useless trial that will have to be straightened out and longer the next time. Blasted contentious lawyers! Put a rose before them and they see a thorny weapon. Put Velvin's concealment before them and they see an advantage. But all that will happen at the December 6 hearing is a decision on the motion to compel after the materiality and misconduct issues. She's there! If it is not material she does not have to address it, but she is going to address it. If she compels, kiss that billion dollars good bye. Apple should get out front and minimize it. Tell her now. Tell her how easy it was to find out and how Samsung was incompetent not to know. Did a note slide under the door? Did you find with normal legal research? Does Samsung's failure excuse Apple from a duty to inform the Court her voir dire failed? Apple has admitted knowing. Their stonewalling perfectly is understandable. When they knew is irrelevant until they are compelled by the Judge. That means she has concluded that a party withheld essential information and ruined the fairness of the trial such as it was. If she thinks Samsung should have found out, she won't make Apple pay fees and costs for the wasted trial. She may not even distrub the verdict much. How many dozen million did that trial cost? Apple is preparing piles of briefs that will say it is all up to the judge.
If the Court grants Samsung’s motion to compel, the Court will likely order supplemental briefing before ruling on Samsung’s motion for judgment as a matter of law.
Ouch! Torture. If she grants the motion to compel, why not make Apple say right there? How will this supplemental briefing proceed? A confession by Apple, suggested proceedings and sanctions by Samsung and then a reply by Apple? She intertwines this to Samsung's motion for judgment as a matter of law. She already contemplates this as determinative. It's like a dentist pulling a tooth, an eighth of an inch per week. Happy Holidays.

~webster~

[ Reply to This | Parent | # ]

LibreOffice on Nexus 7
Authored by: Anonymous on Sunday, November 11 2012 @ 01:50 AM EST
http://www.youtube.com/watch?v=Rcby0jlsQQI

[ Reply to This | Parent | # ]

Charles Darwin Got 4,000 Votes in Georgia
Authored by: JamesK on Sunday, November 11 2012 @ 08:41 AM EST
What happens when a protest candidate wins an election?

---
The following program contains immature subject matter.
Viewer discretion is advised.

[ Reply to This | Parent | # ]

Apple vs Samsung: Samsung puts the boot in hard
Authored by: Anonymous on Sunday, November 11 2012 @ 04:16 PM EST
SemiAccurate

[ Reply to This | Parent | # ]

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