Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×

Comment Re:The Slide-to-Unlock Claim, for reference (Score 1) 408

Well, you admit that this - "the only difference is that they specified the post operation action" - is not in the prior art video.

That's not innovative! That is clearly obvious! Having an onscreen toggle do something is not innovative, what would even be the point of having such a thing if it didn't do anything?! And using that toggle to "unlock a phone" is an idea, not an implementation of an idea and you cannot patent an idea. The patent system is designed to share ideas while protecting innovative individual implementations of that idea.

There's also the feature about continuous movement of an image corresponding to a finger position. That's not in the video.

There's clearly 3 frames of movement there that follow the touch, whether that is the refresh rate of the screen or just how many animation frames they have doesn't really matter, sure the iPhone has a higher refresh rate and more frames but that doesn't make it different.

You're confusing two concepts: "different" and "innovative", or in legal terms, "new" and "nonobvious". Something can be new, but obvious - and similarly, something can be different, but not innovative. As I've said and as you admit, both of the features we're discussing are not shown in the prior art reference - they are different, period, full stop. Whether they're innovative is a separate question, and nothing about that is implied by admitting that, yes, the video shows three frames of movement, while the patent claims "continuous" movement.

So, yes, the patent claim is different from the video. The claim has at least those two features that are not shown in the video. But I'm sure you can find them elsewhere in other prior art references, no? If so, you can use the combination of the two references to show that everything recited in the patent claim is known. That's the legal process - you can't simply pound the table and say "clearly obvious", because without using prior art references, at best, all you've done is shown that it's obvious now to someone who has lived with iPhones sliding-to-unlock for years. Show me that it was obvious in 2006. And that requires evidence, not just you saying that it's "clear".

Comment Re:Bookstores - are you trying to change hard enou (Score 1) 83

Well, he's using the only sales argument he has from the customer's point of view. From the store's point of view though they won't sell it at the same price you get online because they need to pay for location, staff, deal with shoplifters and books that go stale and unsold that need to be taken off the shelves again. It's better for them not to take your business rather than open up Pandora's box and have people coming in expecting to be price matched, taking up sales rep time and getting angry if they're refused. And if word got around you could get it cheaper just by pointing to a webpage on a smartphone, other people buying it at normal markup could feel cheated and generate a lot of negative publicity about you. As sales pitches go it's a honest one, but it's not the real reason why they won't price match.

Comment Re:Can the writings be read? (Score 1) 431

Sadly(?) English doesn't keep the original pronunciation, though UK-English is closer than US-English. I mentioned the reason in another post, it's that damned Great Vowel Shift what makes English stand out among European languages.

Well that's maybe relevant for those coming from another European language or reading old English texts, but to users only interested in contemporary English that's more of a historical curiosity. Their challenge is that the rules aren't consistent, which is often traceable to its historic roots. For example let's take the word steak, it's a loanword from Old Norse steik which is why the "ea" in steak is different from that in peak, leak, beak, weak or freak. Of course every language has a few foreign words that don't follow the normal rules but English has it dialed up to 11.

Comment Re:Hey look what I bought (Score 1) 167

And the next thing he knew, he woke up in an alley. His wallet, keys, phone and shoes were missing. For the life of him, he could not figure out why they didn't take his cool new toy.

It's a photo/video camera that might have been on, not even stupid crooks would leave that potential evidence behind.

Comment Re:Can the writings be read? (Score 2) 431

I do not believe English has had the same done to it. Otherwise you would not end up with something like:

English keeps the pronunciation of the language they took it from, which means it's a smattering of Britons (~Welsh, -450), Anglo-Saxons ("English", 450-1066), Normans (~French, 1066-), Gaelic (~Scottish, ~Irish) with some Norse from Scandinavia, and through the British Empire it's picked up words from most of the world's languages by now. While "English" has pronunciation rules, unless you're a professor of etymology (the history of words) it's easier to just learn each word than trying to find a pattern.

Comment Re:There may be some at a loss for sympathy (Score 1) 693

Or in banking terminology, GNOME is too big to fail. Sorry, ever since Qt went LGPL in 2009 I've wished they'd go away so you can actually build a modular desktop, but as long as there's two competing languages it's almost impossible to build common components without going to awkward workarounds like D-Bus. Not even the kernel would work well with kernel modules written in C++, Java and Python, not that there's anything wrong with them as languages but as modules to a C program. Otherwise I expect the in-fighting will continue until Google pulls an Android and leaves GNOME, KDE, XFCE etc. to be a Nokia N900 niche in the desktop market. Not because it's technically the best solution, but because Google has a certain Steve Jobs effect too - if they tell everyone desktop Android is the next big thing devices, developers/applications and users will follow.

Comment Re:This could start a precedent... or some lawsuit (Score 1) 236

If that happened, and my employer blamed me publicly (explicitly or implicitly), I would be seeking large monetary damages, even if the flaw was my fault. My argument would be that I'm employed to write software, not write flaw-free software, and if the company causes me damages (in current or future income) by stating or implying that I did not perform by work duties appropriately, then that is slander, and they are liable. In this case, the "lie" would be to imply that my work product was supposed to be flaw-free, which I never asserted or consented to, regardless of what they desired.

With all due respect, that's not only not slander, and you'd lose any such suit, you'd also make yourself permanently unemployable - no company would ever touch you with a ten foot.

Implying that someone is unable to perform one's occupation is textbook slander, and the company would find themselves writing a large check.

Not if, as you acknowledge, you are unable to complete the services for which you were paid. While you may think that you weren't hired to make bug-free software, the employer - and any jury - would disagree.

Comment Re:This could start a precedent... or some lawsuit (Score 1) 236

I could see two potential outcomes, if blaming engineers for product flaws becomes commonplace...

First, engineers will (or should) demand an indemnity clause as part of their employment contract, where the company agrees not to blame them publicly for any product flaws, and/or take any action which would identify them. Depending on the repercussions for the test cases, this might become a necessity for employees.

Although it would be a good idea, it'll never happen... at least not until get you get Engineer Unions who refuse to work unless a company implements those clauses and prevent any scabs from working. And with the libertarian bent of most Engineers, that will never happen. Otherwise, you'll simply have the engineer refuse to sign the company's boilerplate employment agreement because it doesn't include an indemnity clause; and the company will show him the door and bring in the next candidate who will sign it.

Second, I could see some significant lawsuits for slander, since the company is causing real (and substantial, and more importantly provable) financial loss for the engineers they blame for product deficiencies. Unless they have a pretty solid intentional negligence defense, they could (and absolutely should) find themselves paying out a few million more to each engineer they throw under the metaphorical bus.

Not necessarily, depending on what was said. Slander requires that the statement be false. Did the engineer screw up? If so, then it's not slander. The only way it would be is if the engineer did nothing other than follow explicit instructions from his superiors, and considering that he apparently made a change without changing a part number, that would seem unlikely.
Also, there's no such things as "intentional negligence" - that's an oxymoron, and would mean that you intended to do something by accident. What you may be thinking of is gross recklessness.

Companies are responsible for their products, not the people they employ to make/provide them. Companies reap the rewards when they work, and bear the responsibility when they don't. Absent malicious negligence, naming/blaming individual employees is irresponsible at best, and should absolutely expose the company to civil liability.

There's a gloss here - these are Professional Engineers, with certifications, licensing, and ethical requirements. PEs are also responsible for the things they sign off on, and may be held professionally accountable for their screw-ups. Now, that said, yes, the company is the one who is civilly liable for any damages from their products and no customer can sue the engineer directly, but that doesn't mean that (a) the company can't sue the engineer if they really were reckless; and (b) the company can't even name the engineer.

Comment Re:Why not? (Score 1) 236

Well, first of all since OpenSSL is an open source project, I doubt staying anonymous was an option as you can go back and check git logs and mailing lists.

Dr. Seggelmann said the error he introduced was "quite trivial", but acknowledged that its impact was "severe". (,..) After he submitted the code, a reviewer "apparently also didn't notice the missing validation," Dr. Seggelmann said

So the takeaway here is that OpenSSL has a review process that lets "quite trivial" bugs in the input validation of a high security product through, that's comforting

Seggelmann said it might be "tempting" to assume the bug was inserted deliberately by a spy agency or hacker. "But in this case, it was a simple programming error in a new feature, which unfortunately occurred in a security relevant area," he said, according to the newspaper report. "It was not intended at all, especially since I have previously fixed OpenSSL bugs myself and was trying to contribute to the project."

If you were a spy agency trying to get a vulnerability into OpenSSL, do you think it'd be on the first patch? Fix some insignificant bugs, get trusted, introduce seemingly innocent but deeply flawed code and trust that it gets rubber stamped through. He the first of three authors on the Heartbeat extension which for some reason includes an arbitrary size, arbitrary content data block where a simple PING/PONG would confirm the connection is still alive. I'm not saying he is a plant, but I am saying that everything he says is exactly the same as a plant would say to excuse his backdoor as a honest mistake. I mean, could you do it any better if you tried? Create a side channel by passing large chunks of data back and forth between the client and server, then create a flaw to pass the state buffer instead. It smells to high heaven.

Submission + - NSA said to have used Heartbleed bug for years (bloomberg.com)

grub writes: The U.S. National Security Agency knew for at least two years about a flaw in the way that many websites send sensitive information, now dubbed the Heartbleed bug, and regularly used it to gather critical intelligence, two people familiar with the matter said.

The NSA’s decision to keep the bug secret in pursuit of national security interests threatens to renew the rancorous debate over the role of the government’s top computer experts.

Comment Re:no one would HIRE them, either (Score 1) 581

Objects are generally passed by reference, so it should be MORE efficient than passing around 10 values. The problem arises if you are setting the object's values as you pass it around, which can lead to unexpected or hard to determine states.

If you have a natural owner that's just providing access to it I'd agree, references (or constant references) are great but in this case I'd disagree. If it's for example an application form the form itself is ephemeral, but the information in is not. If you submit it, I want the form to pass the information by value and self-destruct cleaning up after itself. Once it reaches some kind of data owner, it can pass the application by reference through processing steps. For the same reason references are not so good for display, for example you have a function to display an invoice. If some other process on the back-end deletes the invoice, you suddenly have a reference to nowhere and it could crash as you try getting more details or see the next page. In short, don't pass a reference unless you know the source will live longer than the reference.

Slashdot Top Deals

Real Programs don't use shared text. Otherwise, how can they use functions for scratch space after they are finished calling them?

Working...