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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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Mindstorms EV3: Lego announces new robotics kit | 191 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
A test of corporate personhood
Authored by: Anonymous on Monday, January 07 2013 @ 04:53 AM EST
If it hasn't been posted here already, then here's an interesting take on
corporate personhood, that is in court today at 3pm PST.

http://www.pacificsun.com/news/local/article_a50eab78-56c0-11e2-b475-001a4bcf687
8.html

[ Reply to This | Parent | # ]

Patent warning for our readers
Authored by: Ian Al on Monday, January 07 2013 @ 06:46 AM EST
As with most readers, I have been swept up in the patent implications for big business. Once it was established that the writers of software and the distributors of software were not infringing US patents, I think we all breathed a sigh of relief. I think it was premature.

Note that the writer and distributor of software is not obliged by the patent law to investigate or warn of the potentially infringing nature of the written work.

Infringement of functionally defined and patented inventions (aka, software patents) occurs when one installs 'infringing software' on a general purpose computer or sells such a software + computer or uses such a software + computer.

Ignorance of the patent is no defence. It can only avoid the damages relating to wilful infringement. Users of computers in the US must consider each case of installing and/or using software on a computer for potential patent infringement. Each functionally defined patent must be reviewed to ensure that the infringing functions have not been implemented by the software. Where they have, a licence must be purchased. The checking process is helped when the patent discloses that software is the best mode of implementing the functions (Fonar v. GE). Please be aware that the first review makes you aware of all the relevant functions in patents, and then any subsequent infringement becomes wilful. I don't know how you software programmers are going to write software any more. Once you have checked your own domestic computer, you are wilfully inciting infringement by manufacturers, sellers and/or users.

It is up to the installer and/or user of the software to check. The software writer and the software distributor are not obliged to check on your behalf. Before installing any software on your Linux computer you must make the legal checks for patented functions. Installing bug-fixes or enhancements to software that has already been checked may add infringing functions to existing installed software. This also applies to the Linux kernel and other Linux distribution components.

Obviously, automated updates are out of the question. As a user, there are several other ways to infringe on functionally defined patents. Formatting a flash drive or hard disk with a patented filesystem such as VFAT is patent infringement. All the filesystems you use must be reviewed for infringement, not just those that have been involved in well-publicised court cases. All encoding of video, audio or image files could be covered by patents of functional mathematical algorithms.

You might imagine that it would be safer to use proprietary operating systems and application software, especially where the whole system is often pre-installed on a computer. Unfortunately, there are several examples whereby users are infringing even in this case. The use of Windows Media Player was found to be infringing in Microsoft v. AT&T and the use of Microsoft Word (often pre-installed on machines) was found to be infringing in i4i v. Microsoft.

Obviously, using a virus protection program is a no-no: you just cannot be sure that any update does not infringe the functions in a patent.

Once you have reached the point whereby your entire computer system is non-infringing, you can look more broadly. The Allen v. World case involved a functional patent 6,788,314 that claimed the interweb as the best mode of implementation.
a multiplicity of content providing systems, shown as Content Providers 1 through n... and a multiplicity of content display systems, shown as Users 1 through n.
Obviously, avoiding this form of infringement is trivial. Just ensure that you never access 'a multiplicity of content providing systems' at the same time as anyone else. The act of accessing the multiplicity manufactures the infringing machine and accessing the content is using the infringing machine. Using a search engine system based on 'a multiplicity of content providing systems' is clearly reckless.

However, not all interweb functional patents will be based on multiplicities. The only truly safe approach is not to go on the interweb.

Whatever you do, do not save this advice on a network connected storage device. They may download infringing functions without your knowing and using then would be an infringement. For the same reason, never print the advice on a network connected printer.

Now you know why the Amish will never buy internet connected refrigerators.

I don't see this as being forever. Once the Supreme Court realise that they are wrong about a new machine being made when software is installed on an old general purpose computer, a lot of the problems will melt away. However, as long as the District Court approve of abstract functions being statutory subject matter, the legal uncertainty will continue. The same applies to methods and processes on-a-machine and mirrored claims.



PS: The above is entirely tongue-in-cheek, but it does seem to fit my limited understanding of the US patent law.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

New Help Desk Comic
Authored by: Anonymous on Monday, January 07 2013 @ 07:55 AM EST

I love Help Desk.

Help Desk

Wayne http://madhatter.ca

[ Reply to This | Parent | # ]

Indian Gang Rape Accused in Delhi Court
Authored by: Anonymous on Monday, January 07 2013 @ 08:32 AM EST

I normally wouldn't post something like this, but I was reading it, and got the impression that if Dickens had experienced the Indian courts, he wouldn't have bothered to invent Jarndyce v. Jarndyce...

The Guardian

Sounds like their system needs an overhaul.

Wayne http://madhatter.ca

[ Reply to This | Parent | # ]

Another try at explaining how the early earth avoided a deep freeze
Authored by: hardmath on Monday, January 07 2013 @ 11:48 AM EST

Link

[Note to parent: Nice handle!]

Geologic evidence indicates an abundance of liquid water on the earth from earliest times, but this is a puzzle due to the 25% fainter Sun and less dense atmosphere on earth, which classic models indicate would have had freezing temperatures.

A new paper in Science points to interactions between hydrogen and nitrogen, neither of which is itself a greenhouse gas, as a likely factor in solving the paradox.

---
Recursion is the opprobrium of the mathists.

[ Reply to This | Parent | # ]

Mindstorms EV3: Lego announces new robotics kit
Authored by: tiger99 on Monday, January 07 2013 @ 12:54 PM EST
The H

Nice, but I suspect that many people will use a Raspberry Pi with Gertboard or Piface instead, and get the benefit of much more memory.

Announced for the second half of 2013, Lego's Mindstorms EV3 robotics kit includes a completely new central operating component, which Lego calls the "Intelligent Brick". The controller uses an ARMv9 (the company's previous NXT 2.0 products work with ARMv7) and includes 16MB of flash memory that can be further expanded with an SD card. A quite generous 64MB of RAM is probably required by the new operating system. According to the specifications, it is Linux-based and should, therefore, be "hackable".
It is not cheap, but nothing like that ever is.
The robotics kit, which will ship for $349.99 (approximately £215), includes 3 servo motors, 1 touch sensor, 1 IR proximity sensor, and a colour sensor. An IR beacon can direct and send instructions to the IR sensor. According to the manufacturer's description, the kit will also include 594 Lego Technic parts. To get started, the EV3 will offer building instructions for 17 robots such as the humanoid "Everstorm" robot, the scorpion-like "Spiker" robot, and "Reptar", a snake-like robot. The company says that the EV3 is compatible with previous Mindstorms components and sensors. For programming purposes, Lego has provided a LabView-based graphical development environment.
I would like to see Meccano getting similar capabilities, as you can do a lot more with nuts, bolts, girders etc than with plastic blocks, but again it has become far too expensive even without the robotics. But let us be honest, all these toys are supposedly bought to help educate the kids, but nowadays they are really for the amusement of grown adults.

[ Reply to This | Parent | # ]

Women as Academic Authors, 1665-2010
Authored by: Anonymous on Monday, January 07 2013 @ 01:11 PM EST
Women’s presence in higher education has increased, but as authors of scholarly papers—keys to career success—their publishing patterns differ from those of men. Explore nearly 1,800 fields and subfields, across four centuries, to see which areas have the most female authors and which have the fewest, in this exclusive Chronicle report. See how overall percentages differ from the important first-author position and—in two major bioscience fields—from the prestigious last-author position.
The Chronicle of Higher Education

[ Reply to This | Parent | # ]

Y2K+13
Authored by: Anonymous on Monday, January 07 2013 @ 02:18 PM EST
Time to throw out that D-Link WBR-1310 Version D Release 4.13 wireless router. What, it's only five years old? You can't beat builtin stupidity.

isc.sans.edu

[ Reply to This | Parent | # ]

  • Y2K+13 - Authored by: JamesK on Monday, January 07 2013 @ 05:03 PM EST
  • Does not sound unusable - Authored by: SpaceLifeForm on Monday, January 07 2013 @ 06:09 PM EST
  • Y2K+13 - Authored by: Anonymous on Monday, January 07 2013 @ 06:18 PM EST
    • Y2K+13 - Authored by: Anonymous on Tuesday, January 08 2013 @ 05:55 AM EST
      • Y2K+13 - Authored by: Anonymous on Tuesday, January 08 2013 @ 09:27 AM EST
        • Y2K+13 - Authored by: Anonymous on Wednesday, January 09 2013 @ 06:21 AM EST
Way, Way, Off topic... But hilarious :-) How not to catch the norovirus
Authored by: SilverWave on Monday, January 07 2013 @ 02:59 PM EST
How not to catch the norovirus

---
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 | # ]

The main problem with GM food is the patent
Authored by: kh on Monday, January 07 2013 @ 04:47 PM EST
Genetically Monetised Food

[ Reply to This | Parent | # ]

As seen on huffingtonpost.com ..
Authored by: Anonymous on Tuesday, January 08 2013 @ 12:20 AM EST
This image license has expired ..

[ Reply to This | Parent | # ]

29C3: When USB memory sticks lie
Authored by: tiger99 on Tuesday, January 08 2013 @ 08:25 AM EST
The H

Interestingly, Windoze has to read the MBR 9 times. Sounds massively inefficient, and doubtless the result of the usual M$ practice of hacking the code until it works, just, instead of designing it properly.

[ Reply to This | Parent | # ]

Ubuntu Phone OS Demonstration by Mark Shuttleworth at CES 2013
Authored by: Anonymous on Tuesday, January 08 2013 @ 10:42 AM EST
1'35" http://www.youtube.com/watch?v=RO7QbCqFY7Y - twildottv

4'24" http://www.youtube.com/watch?v=NxU_V_zCbtw - planetubuntu

[ Reply to This | Parent | # ]

Intel Osbornes Windows 8
Authored by: Gringo_ on Tuesday, January 08 2013 @ 10:48 AM EST

We know that Windows 8 is moving poorly. One big factor out of a multitude of issues appears to be that the hardware doesn't give the performance one would expect for the price, according to ZDNet...

See Windows 8's problem: It's the hardware...

After a few weeks of going to Best Buy, Staples and other retailers pushing Windows 8 it's hard to find real enthusiasm about the operating system. There's interest for sure. There are a lot of hardware choices too. But Windows 8 and the barrage of hardware feels very 1.0. And that's a big problem when Windows 8 devices are often positioned near Apple products.

Now we get word from Intel that they are coming to the rescue with some new CPUs...

The fourth-generation Intel Core processor was developed specifically for ultrabooks and promises big advances in the second half of 2013. Apologies to anyone who has already bought a Windows 8 ultrabook

The upshot: The current crop of Windows 8 devices will improve beginning in April or May.

However, the better move is to wait for Microsoft to update Windows 8 and Intel to launch its fourth generation Core processors. Skaugen said that $599 touch-based PCs will be the norm by the end of 2013

So tell me, after this announcement, who in their right mind is going to buy a Windows 8 tablet now? It would make much more sense for those few interested to wait not only for better hardware, but also for SP1 that may fix a few issues with the broken UI.

I wouldn't expect much for sales of Windows 8 tablets this year. By next year, the plethora of attractive non- Windows options will only have increased, while their price will remain low. Though in the months to come the price may drop on the lower end Windows 8 tablets, they will never be competitive with better performing, even lower priced alternatives. When better hardware and SP1 arrive next year, the price will be high and alternatives will be well entrenched.

Meanwhile, the Windows phone is going nowhere. As Nokia files for bankruptcy, Microsoft will undoubtedly come out with one positioned to compete with the iPhones, and that will sell as well as their Surface lineup, which is to say, not well. I wouldn't bet on Microsoft's shares retaining value. They can only slowly sink into the sunset.

[ Reply to This | Parent | # ]

Boise/Shiller
Authored by: MDT on Tuesday, January 08 2013 @ 12:24 PM EST
Thought PJ might like to know of another billion dollar company that Boise/Shiller is representing...

Herbalife

Currently under investigation by the FTC for being a pyramid scheme.

---
MDT

[ Reply to This | Parent | # ]

Share it all
Authored by: Anonymous on Tuesday, January 08 2013 @ 04:56 PM EST
isc.sans.edu remind us what can happen to a pic of a barcode, and

There is no such thing as a private email.

[ Reply to This | Parent | # ]

  • Share it all - Authored by: Anonymous on Tuesday, January 08 2013 @ 06:16 PM EST
Prenda Law Tries The 'I Know You Are, But What Am I' Legal Strategy
Authored by: Anonymous on Tuesday, January 08 2013 @ 05:02 PM EST

From Techdirt
Ah, Prenda Law. As you may recall, there's been an ongoing fight over some Prenda cases in California, with the key players being Prenda lawayer Brett Gibbs, lawyer for some John Doe defendants Morgan Pietz, and judge Otis Wright. Oh yeah, and the possibly mysterious Alan Cooper, who may or may not be Prenda mastermind John Steele's property caretaker. As you may recall, the caretaker Cooper had a lawyer file some documents in some Prenda cases involving shell companies AF Holdings and Ingenuity 13, suggesting that he was worried that Steele had faked his identity and claimed that Cooper was the CEO of those two companies, when they were really controlled by Steele.


I am not a lawyer, buy this sounds REALLY strange, it does.

Prenda Law Tries The 'I Know You Are, But What Am I' Legal Strategy

Comments?

Wayne
http://madhatter.ca
< /br>

[ Reply to This | Parent | # ]

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