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Comes Goes Here | 176 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Thread
Authored by: artp on Friday, March 08 2013 @ 12:49 PM EST
"Eror" -> "Error" in Title Block if possible, please.

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

Off Topic Thread
Authored by: artp on Friday, March 08 2013 @ 12:51 PM EST
Apropos is thataway ----------->
No discussions of entropy, either.

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

News Picks Thread
Authored by: artp on Friday, March 08 2013 @ 12:53 PM EST
URL, please.

Scrolling is such sweet sorrow....

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

Comes Goes Here
Authored by: artp on Friday, March 08 2013 @ 12:55 PM EST

See link above marked "Comes v. MS" for further information.

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley sinks ?

[ Reply to This | # ]

Best guess as to what's really going on
Authored by: Anonymous on Friday, March 08 2013 @ 02:08 PM EST
Trying to read between the lines-

1. If a judge asks the parties, sua sponte, to file a joint
report on whether the case should be stayed, then you have a
good idea as to the direction the judge is leaning. Yes, the
judge is leaning toward a stay- if the judge wasn't, the
judge wouldn't have requested it.

2. The arguments of the parties should come as no surprise.
The old saying of "justice delayed is justice denied" has a
special meaning in civil litigation on the defense side.
Absent a truly frivolous case that you can MtD, you almost
always want to delay (while still working toward victory).
Without expressing any opinion on the merits of the various
claims, given the procedural posture of the case, all delays
are conducive to Samsung's position.

3. While Apple can (and likely would) appeal a stay, and the
law might be on their side, this is the type of issue that a
CoA would duck.

4. So I think it is likely that the judge will stay the
litigation. After all, she seems pretty exhausted by both
parties, and does have other cases that don't have 500
lawyers constantly filing motions.

[ Reply to This | # ]

New Plastic
Authored by: argee on Friday, March 08 2013 @ 02:52 PM EST
What Apple fears is that Samsung will take their
smart phone design, put new outside plastic on it,
and a few software changes and its now the
Galaxy 9! Not encumbered by injunctions.

Given the pace of the Court System, I think that
Samsung will have no problem staying ahead in this
game. To Samsung, these phones are a commodity item
and expect new models every 6 - 12 months.

Amusingly, My Galaxy S3 is not rectangular. The sides
are parallel, but the top and bottom are rockered.
Clearly not "rectangular with rounded corners."

---
--
argee

[ Reply to This | # ]

Apple v Samsung II - Parties File Joint Status Report: To Stay or Not to Stay ~pj
Authored by: Anonymous on Friday, March 08 2013 @ 03:50 PM EST
I'm kind of surprised that there isn't anything about
comparatively Apple has unlimited cash and seems bent on
outspending Samsung and thus " buying" justice and trying to
put Samsung into bankruptcy.

[ Reply to This | # ]

Apple Would Be Substantially Harmed by a Stay
Authored by: DannyB on Friday, March 08 2013 @ 04:27 PM EST
Apple Would Be Substantially Harmed by a Stay.

Why can't they just say:

Apple Would Be Substantially Harmed by not getting an absolute monopoly on the
evolution of smart phones.

---
The price of freedom is eternal litigation.

[ Reply to This | # ]

Is there not some way that Apple could be prosecuted for anti-competitive behaviour?
Authored by: TiddlyPom on Saturday, March 09 2013 @ 02:35 AM EST
What Apple are saying is (paraphrased)
If somebody comes out with a competitive product based on a technology we don't like (i.e. Linux/open source software) then we have the right to drive them off the market rather than competing fairly with them.
IMHO patents and copyrights now
  1. Reduce choice
  2. Destroy legitimate competition
  3. Work against consumer interests
  4. Only work to preserve existing monopoly (or near monopoly) interests for ridiculous extended periods
<opinion>
Microsoft, Apple and Oracle are patent trolls (and to be honest the Hollywood film industry and audio industry are copyright trolls). Preserving patents and copyrights for more than 3-5 years in the digital age is ridiculous and is hurting consumer choice and freedom. It is about time they were axed.
</opinion>

---
Support Software Freedom - use GPL licenced software like Linux and LibreOffice instead of proprietary software like Microsoft Windows/Office or Apple OS/X

[ Reply to This | # ]

Koh learning from Alsup? (Re: Update)
Authored by: bugstomper on Saturday, March 09 2013 @ 03:07 PM EST
In hindsight, Judge Koh's decision makes quite a bit of sense. Staying the
proceedings leaves the same burden on the Court, like leaving debt for the next
generation. Yes, it is possible that much would become moot, maybe that would
reduce the future load. But there is even more streamlining to be had by telling
the parties that they have to greatly reduce the scope of the case in exchange
for not having it stayed. This order is not phrased in that way, but that is how
Judge Alsup made it happen: He made it clear that if Oracle objected to dropping
claims from the case he would stay everything until it was clear how much
decisions from the PTO would reduce the case.

[ Reply to This | # ]

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