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Comment Re:Rape Apologetics Go Here (Score 1) 243

Re:Rape Apologetics Go Here Live down to expecations, Slashdot.

If allegedly lying about wearing a condom counts as rape after the fact and justifies extradition, then we should designate all women, who ever allegedly lied about not wearing a female condom, or who allegedly lied about being on birth control, as rapists as well. After all, it works both ways.

I guess we'll have to wait until a woman republishes embarrassing US State secrets for that to happen.

I don't think any woman in history has ever lied about not wearing a female condom... You've never actually seen a female condom, have you? Lying about wearing one would be like an amputee lying about having both legs.

Comment Re:Rape Apologetics Go Here (Score 2) 243

This wasn't a rape, it was a CIA setup. Anyone remember Dominique Strauss-Kahn, the IMF chief who made the tragic mistake of challenging the U.S. dollar? A few months aftr he started proposing a new global currency to replace the dollar, he suddenly became a rapist. They dragged him off a plane in New York in handcuffs and everything. Prosecutor announced it was a rock solid case. His political career was destroyed, he was ousted as IMF head. Then exactly three days after his successor at the IMF was sworn in, suddenly the prosecutor dropped the charges and admitted that the case was bogus.

DSK? The guy who was accused of forcing a hotel maid to give him a beej against her will? The guy who said he never met the maid and has no idea what anyone's talking about? The guy who then said yeah, he met her when she cleaned his room, but the door was open and nothing happened? The guy who then said, yeah, the door was closed, but nothing happened? The guy who then said, well, he was naked and the door was closed, but nothing happened? The guy who then said, well, she gave him a beej, but she was totally into it? The guy who then said the torn rotator cuff in her shoulder was because she really liked rough sex? No, he's totally credible. You just have to pick which of his many contradictory stories you believe.

Comment Re:The real ripoff here (Score 1) 137

Did Aereo try to negotiate contracts that allowed them to redistribute content? Otherwise they were not trying to operate as a cable company, they were trying to make money off someone else's product without paying for it.

They don't need to, and neither do cable companies. 17 USC 111 provides for compulsory copyright licensing for cable providers, with rates set by the government. Once SCOTUS said Aereo was a cable company, they should have been allowed to take advantage of those licenses. However, the District Court said that they're also NOT a cable company, leaving Aereo in a legal limbo where they can't carry the content, regardless of whether they pay for it or not.

Comment Re:Changed the laws? No (Score 3, Informative) 137

The U.S. Supreme Court decision effectively changed the laws

The existing laws defined them as a cable company. They were not very smart to think otherwise. The laws may need to go away, but that was always the correct interpretation.

That's incorrect... If they were defined as a cable company, they could pay compulsory royalties and carry the content legally. However, the District Court recently held that no, they are not a cable company, and have no ability to pay those royalties for a license.

So, in essence, you have the Supreme Court saying that they're not NOT a cable company, and the District Court saying that they're NOT a cable company. It leaves them in a position where they are neither a cable company nor NOT a cable company, and therefore can never carry broadcast content, regardless of whether they want to pay for it or not.

Comment Re:About time! (Score 1) 129

Surveying friends and family (including a couple hundred facebook friends), calls at first seemed random, but in more recent months, appear to specifically be targeting people over 50. The most recent calls have asked for me by name. This leads me to believe that they're using someone's pilfered (or purchased?) address list. Has AARP had any breaches lately?

You're right regarding age - they've hung up on me in the past if I've sounded too youthful, so when I'm trying to get a scammer to stay on the line, I make my voice all quavery like an old man.
I have a friend who signed me up for a free trial of adult diapers as an April Fool's joke... my guess is that's how they got my number.

Incidentally, the Fake name generator is great for keeping them on the line for a long time, giving fake credit card numbers and addresses until they catch on.

Comment Re:But let's remember (Score 1) 474

That "citation" is by Eron Gjoni. You can't say "according to her" when she didn't write a single word in what you're claiming for support. At best, you can say "according to this guy who really hates her, she believes [x horrible thing]" , but then everyone would be rightfully skeptical.

Correction: He wrote the blog, though her own posts via her facebook are there where she makes the claim of that definition. That means by her cheating against him, her own definition comes into play. So saying "she didn't write a single word" is factually incorrect, or are you saying that she didn't actually write on her own FB page and make those statements?

If that is true, then cite to her FB page. Otherwise, we only have Gjoni's word that those posts existed, and as noted above, he has significant reasons for fabricating them.

Comment Re:But let's remember (Score 1) 474

Having consensual sex with someone is a crime? On what planet? Oh and [citation needed] for claim about what she claims is rape.

Yep, according to her. If you're in a relationship with that person. Here's your citation

That "citation" is by Eron Gjoni. You can't say "according to her" when she didn't write a single word in what you're claiming for support. At best, you can say "according to this guy who really hates her, she believes [x horrible thing]" , but then everyone would be rightfully skeptical.

Comment Re:Trademark breadth (Score 4, Informative) 268

For example, something like "COCA-COLA" is so famous that Coke's lawyers will have no trouble making a prima facie case for dilution if the mark is used for any other product.

Wrong. are numerous registered marks that are "COCA-COLA" that are not from the Coca-Cola company.

Your link doesn't work. And a search on TESS for "coca-cola" as the full mark and "NOT Coca-Cola Company" as the applicant returns one hit, an abandoned application by a pro se "sovereign citizen": "Harvey W. Wiley DBA We The People INDIVIDUAL UNITED STATES 900 Georgia Ave Chattanooga TENNESSEE 37402". Searching for "coca-cola" in the description of the mark with "NOT Coca-Cola Company" as the applicant returns one hit, a design for an author's business card that uses the same red color as Coke: "The color(s) coca-cola red is/are claimed as a feature of the mark. The mark consists of a coca-cola red kneeling fisherman." But it's also abandoned.

Finally, searching for "coca-cola" anywhere in the application, but NOT the Coca-Cola Company as the applicant turns up a pile of applications... from people with addresses at "Coca-cola Plaza" or "Coca-cola Park" in various cities - i.e. tenants in Coke's industrial parks. Is that what you searched for and thought you found?

Comment Force a *free* service to do something? (Score 1) 153

Yeah, sorry, Bennett, but there's no way that someone can be bound to a promise when they're not getting anything in exchange. Contracts require consideration or an exchange of obligations... If Ello isn't getting anything in return - subscription fees, payments, etc. - then how can they be legally required to fulfill a promise? And if the users aren't giving up anything, what are our damages when they breach that promise? Our hurt feels? Our increased skepticism and distrust for organizations in the future?

Now, the one thing you note is that Ello could charge extra for special features... Privacy obligations could be tied into those features, where they have a penalty if they breach. But in a system in which users pay specially so that they remain anonymous, isn't it implied that non-paying users have their demographic information sold? In which case, isn't Ello doing exactly what Ello said they wouldn't?

Basically, all of this navel-gazing is stupid. If you want to avoid ads, don't use free services that have ads. Or, if you're going to use free services, accept that the service provider has to make back their costs somewhere, and your eyeballs are a valuable asset.

Comment Re:Boys are naturally curious... (Score 1) 608

Mod parent up (just exhausted all my mod points). I know a lot of people won't like this, but it's true. Not that there's anything wrong w/ either, but it's just that it then translates into ground facts, such as women are more interested in nursing than men are, while men are more interested in cars, planes, computers and all other things (not people) that one can think of.

Nursing was originally a male-only profession. Unless you're seriously suggesting that we've undergone a drastic evolutionary shift in the past few hundred years, then no, there's nothing genetically innate about that interest.

Comment Re:Not just women (Score 1) 571

... the idea of "hate crimes" still seems silly to me...something is a crime or it's not, we can't legislate hate IMO.

We don't legislate "hate". "Hate crimes" are not the criminalization of "hate", but sentencing enhancements applied based on motive or intent. And you understand that we do punish different crimes differently based on intent, right? For example, premeditated murder is usually punished more severely than heat-of-the-moment murder, which is punished more severely than accidental homicide or reckless "manslaughter", which is punished more severely than negligent manslaughter, etc. If I swing my arm without paying attention and bop you in the nose, that's bad, but it's not as bad as if I intentionally bop you in the nose... and we as a society have decided that that is not as bad as if I intentionally bop you in the nose because you're a member of a minority group I dislike.

Or, to look at it another way, if I bop you in the nose because I dislike you, that harms you, and I should be punished for that single instance of harm. But if I bop you in the nose while ranting about people of your religion/race/gender/etc., I'm doing it to terrorize or intimidate other people of that religion/race/gender/etc. - I'm physically harming you and sending a message to others like you that they should beware because I'll try to harm them in the future. Accordingly, I should be punished for that increased harm.

And remember, there has to be evidence of that intent. If I bop you on the nose because you're a member of group X, but I never say a word about that, then I'm not going to receive an enhanced sentence simply because you're X and I'm Y. It's only when I take the additional action of letting my intent be known - and as noted above, I would do that because I'm trying to intimidate other X's.

So, in short, we're not criminalizing "hate", we're criminalizing domestic terrorism. And I'm fine with that.

Comment Re:Probably the wrong way to fight it anyway (Score 1) 57

Combining A+B and C may not be easy, but it is obvious. This is actually the main problem I see with software patents: idea C is "with a computer", and A+B is some existing invention. Newspapers - on a computer! Alarm clocks - on a computer! Bank transactions - on a computer! Sure it was hard to program them. It's still obvious. But if securing the bank transactions requires new innovations in security technology to glue the pieces together, those innovations could merit patent D. Does not and should not prevent anybody else from making their own secure bank transactions with a different security method because somebody got an A+B+C patent covering the obvious part.

Definitely, and that should be the answer to those:
"Alarm clock, on a computer!"
"That's obvious. Alarm clocks and computers both exist."

"But this was difficult because [intricate problem that's different with computer clocks] and we had to do [intricate solution]."
"Then put that in the patent claims."

Good patent examiners currently do that, but there's a bunch of terrible stuff out there.

Really not understanding your point about pharmaceuticals. How is the benzene ring different from "including a library or function in a program [which] should have an absolutely predictable result"?

Combine a program and a library and even before hitting compile, you should be able to tell exactly what the result is. Combine a benzene ring and a hydroxide compound and even if you done it at one position, move it someplace else and it could have the opposite effect. It's unpredictable.

I do agree though that pharmaceuticals are a bit different than other patent issues, but for a different reason: selling a drug requires round after round of expensive clinical trials because of the FDA. Without exclusivity, there may not be enough incentive for drug companies to pay for those trials if a generic manufacturer can reverse engineer the same drug and sell it on the cheap without paying for the trials. Maybe the FDA should have its own special exclusivity granting system so we can peel off one of the complications of patent law.

True. Pharmaceuticals don't really seem to mesh with patent law anyway - right now, a company will defend their patent application as I did above, saying that the result of any compound is absolutely unpredictable, so therefore, nothing is ever obvious in drugs... and then when they get the patent and some competitors makes a biosimilar drug, that first company will leap up and say it's just an obvious variation on the patent and is covered under the doctrine of equivalents.

Comment Re:Not a surprise, but is it just one ingredient? (Score 1) 422

In short-- dont let me stop you if you want to look into steak and beer as potential causes of telomere shortening-- but unless theres substantive results there, Im not going to start panicking yet.

Or, as I suggested, we could actually do science and do a whole bunch of tests changing or removing one variable at a time: try cola and then try clear cola, rather than your suggested "try cola, try steak, gosh, different effects."

Comment Re:Probably the wrong way to fight it anyway (Score 1) 57

So, if the invention claims "A+B+C" and one piece of art teaches A+B and the the other teaches C, then A+B+C is obvious. That's not very subjective at all.

I disagree here. Sometimes the non-obvious part is that C can be combined with A+B in a useful manner in the first place.

That's actually the counter-argument: reference 1 teaches A+B, reference 2 teaches C, so they're obvious? No, because combining them is a biatch and raises additional problems, or combining them is unforeseeable because they're so widely different that they result in an unpredictable result, etc., etc. :)

That argument generally works better on the pharmaceutical side, where some benzene ring with a hydroxil component may be beneficial if it hangs off the first carbon, really beneficial if it hangs off the second, and absolutely toxic if hangs off the third. Doesn't work as well on the high tech/software side, where including a library or function in a program should have an absolutely predictable result. So, instead, it's better to argue that neither reference actually teaches "B" or something.

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