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Comment Re:Not, however, if it's handsfree (Score 1) 638

If the legislators aren't creative enough to make a law that makes driving with an open laptop in the driver's lap illegal but not an open laptop in the passenger's lap, then they have no business being legislators. (Not that that has ever stopped them.)

(Side note, someone else in this thread posted the actual California law. I was misled by the AAA summary. Unless I missed something, there is no "equipped" requirement and it includes "business applications" in addition to TV broadcasts.)

Comment Re:Not, however, if it's handsfree (Score 1) 638

Note the key words "equipped" and "usually displaying a television broadcast". Wearing Google Glass does not "equip" the car with a video screen any more than the passanger holding a laptop does. Also Google Glass is not "usually" used for displaying a television broadcast.

Making Google Glass illegal while driving might be a good idea, but what you're citing doesn't apply to Google Glass.

Comment Re:Partisan BS (Score 1) 658

As for the meters, that is just for a pilot program the real program will not use that, it will use odometer checks.

Why would the pilot program use the more expensive, harder to implement option of meters if they don't intend it in the real program? Unless there is a really good reason that the pilot needed meters instead of odometers, I can't believe the claim that the meters are "just for the pilot".

Comment Re:Running away (Score 2) 92

Nixon was pardoned for any crimes he "might" have committed, so I don't think it requires admission of guilt. (Though there might be a perception of guilt and political fallout from that.)

Even if it did, Obama could just pardon him on his (Obama's) last day of office. If they delay the trial with pre-trial motions for a couple of years, the pardon would come through before anyone does any time.

(Of course, given that there isn't any real suggestion of an actual trial, this is all academic speculation.)

Comment Re:Yes (Score 1) 533

It is something that other nations managed to get right with prosecutors needing to pay for accusations that don't result in convictions.

What mechanisms do other nations have to make prosecutors pay for over-charging? I presume it's not a monetary fine because that would bring a whole host of issues, but I'd be interested to hear what mechanisms have been instituted.

Comment Re:i would have killed him. (Score 1) 666

polish courts have set sometimes quite big limits of what you can do in self defense

Not just Polish courts, most courts have much bigger limits on self defense than what people realize. For example, in most US states, if you have the option to run or otherwise escape, then you must. If the attacker stops attacking even briefly or becomes incapacitated, then you must stop counter attacking. If you don't, then you become the attacker and they have a right to defend themselves.

Most people's notion of self defense is more akin to an action movie scene than what is actually legally permitted.

Comment Re:Current evidence does not support reasonable do (Score 4, Insightful) 666

I have no doubt that her story is substantively true.

I can think of at least three rational alternative that while unlikely prevent any claim of "no doubt".

  1. Man tries to secretly steal from woman. Woman catches man. Struggle ensures. Woman claims rape b/c she thinks he is more likely to be punished that way.
  2. Woman and man get along. Man decides to stop, but woman wants more. Fight ensues. Woman feels she was scorned and makes up rape claim.
  3. Woman and man get along. They start discussing things. Big argument starts. Fight ensures. Both woman and man hurt. Woman makes up rape claim to cover why she has a black eye.

None of these are particularly likely given what we currently know, but it is absurd to have "no doubt".

Comment Re:Innocent until blogged about (Score 2) 666

And how did her stuff end up in his room?

Under her version of the story, how did her stuff end up in his room? Theft wouldn't exactly be at the top of someone's mind after being beaten back from attempting rape.

(I say this without making any commentary about the veracity of her story. We armchair detectives don't have the tools to make a judgment, and it would be hubris to do so.)

Comment Re:Why is it odd? (Score 1) 214

Keeping in mind, of course, that this is just a thought exercise (IIUC, the court ruling does not rely on this line of reasoning), you are right that I overlooked the fact that usually "genes do not spring into existence as a result of sex". (Though we still have to consider novel gene mutations regardless of where they come from.)

Since the patent under discussion does not apply to a genome (I doubt any DNA patent does) but rather to particular mutations of the BRCA1 and BRCA2 genes, if the patenter created/discovered the mutation before it's first occurrence "in the wild", then the defense of the original poster would fail. ("First to file" instead of "first to invent" complicates this, but prior art may get us back to the same place.)

That then leaves two potential loopholes (though they do not apply in this case). First, just as pharmaceutical companies can breathe new life into old drug patents by tweaking an "irrelevant" part of the molecule, it is conceivable that companies could patent variations of the mutated BRCA1 and BRCA2 genes that have not yet occurred in the wild. Second, companies could proactively patent gene mutations that have not yet occurred, but that they think will become important (e.g. some other mutation of BRCA1 that they think would cause cancer if it eventually occurred).

I don't know enough about gene mutation rates or interactions to know how feasible these loopholes would be, but I might hesitate to rely on this defense because of these loopholes.

Comment Re:Why is it odd? (Score 1) 214

Patents should be for creations, not discoveries. The ONLY people who should be entitled to a patent on my genome is my parents, and even that is questionable.

But what if someone created/discovered a gene you have before your parents did? In patent law (unlike copyright), independent creation/discovery is not a defense. All that matters is who was first. This means that protections against DNA patents need to be based on a stronger line of reasoning.

Comment Grant for Open Access fees (Score 1) 105

On a slightly more serious note, I wonder if California could start a series of grants just to pay for the "author-pays" fee ($2000-$8000 depending on publisher). Some publishers are typically closed, but allow an author to make a particular article Open Access if they pay this fee. Unfortunately, paying that fee could enough of a barrier to prevent young researchers without enough money from choosing Open Access (especially if they are publishing multiple papers per year), but a grant to cover just that fee could lead to many more Open Access articles.

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