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Comment Re:What the hell is going on a the USPTO? (Score 1) 58

Patents are equally useless for protecting against copying the look and feel of a game.

Design patents aside, of course.

You can only patent specific concepts or technologies, say, the way Zynga tried to patent the the use of in-game virtual currency. You're telling me you think the proper way for these indie devs to handle this is to go out, patent their own code and algorithms, and then fight it out in court with Zynga? Insanity.

You're saying a better way to handle it is to get no legal protection and just hope that Zynga never decides to copy them? Worse insanity, particularly because we've seen it fail, over and over.

The AAA game industry isn't "ignoring" the patent issue. They're simply declining to participate in the patent war madness that everyone else seems to be currently engaged in. Companies like Zynga are the exception to the general trend, and may end up forcing everyone else to do the same goddamned thing. Do you know who'll be left behind here? Yeah, the indie devs, because they can't afford patent lawyers and ridiculous lawsuits.

Patent litigation is frequently done on contingency. That's like saying "I can't afford to have you place a bet for me, because if it wins, I have to give you a share of the huge pile of free money I get."

Read the massive list of Zynga patents. It makes me weep as a game developer.

Why should it? After all, I believe a wise man once said, "The only way to beat a company that steals your best ideas is to keep coming up with better ones." Similarly, the only way to beat a company that comes up with the best ideas and patents them is to come up with better ones, right? Or pay a reasonable license fee if you can't come up with a better idea.

The USPTO seems to be rubberstamping whatever the hell Zynga sends their way, so long as it's couched in enough confusing terminology and legalese (oh, and "online" is mentioned anywhere).

[Citation needed]. The USPTO currently rejects around 95% of patent applications in this industry, so if they've got a rubberstamp, it says "DENIED".

If you actually read the patents in detail, they're essentially the sort of thing any competent developer would think.

If you read anything in detail, then ask yourself immediately afterwards if you could think of what you just read, you'd say yes. It's called hindsight. The question is whether any competent developer would have thought of it before reading the patent. And that takes evidence to prove, not a gut feeling based solely on "I understand what I just read, so therefore it must be obvious."

Comment Re:What the hell is going on a the USPTO? (Score 1) 58

And look what happened to them. Zynga are bottom feeders, and are absolutely loathed in the more 'traditional' videogame industry (those of us that make AAA PC and console games) for this and plenty of other reasons. They're the perfect poster child for why software patents are a horrible idea.

Zynga goes after indie and mobile developers for whom copyright is useless, unlike you giant AAA players. So they're the poster child for why software patents are a horrible idea? That makes no sense. Software patents - or being a multi-million dollar AAA developer - are the only thing that can stop them.

In fact, it's actually the classic story justifying why patents should exist: you've got small innovators whose ideas are copied by a ruthless giant corporation, and other giant corporations - such as your own - ignore the issue.

Comment Re:Never consumer ready (Score 1) 229

The cost of the drive is not the hardware.

It is how much will an outage cost? A few hundred more is pocket change. A piece of mind too. You claim you hqve data? I have data too. Go google Seagate RMA? Shitty defective drives. Even western digital has bad drive batches. The poster above says seagate and consumer drives failed within his own eyes. Sure if you got a good batch you are good I guess?? Would you bet your job on it?

Firmware for enterprise drives have logging and more advanced features anyway. Same arguments pop up over consumer vs professional cards in flamewars. One is slightly slower and 4x as much. why? It's drivers and firmware are certified to not have visual distortions when making a commercial or bsod on a project. It is worth the cost.

The price difference is not worth it anyway

But the conversation is obsolete as intel and Samsung are introducing enterprise ssds

Comment Re:What the hell is going on a the USPTO? (Score 1) 58

Perhaps better than the IPR mechanism would be an appeals process by which anyone can make an 'obviousness' challenge to any patent approved by the rank and file PTO staff to a higher-level and more technical board that must review the patent before it's actually enforceable.

There are such mechanisms - ex parte reexamination (available from 1981 until 2012) and post-grant review (available since 2012). And it works as you say - a panel of senior examiners review the patent, in response to a challenge, which can be based on obviousness or other issues.

Thing is, it's not started with just someone screaming "that's obvious! Review the patent!" Just like we don't go through a full trial based on someone merely saying "that guy's guilty of a crime!" or "that guy owes me money!", the challenge or complaint has to meet a minimum threshold for likelihood of invalidity/guilt/liability. If you do your homework and search for some good prior art, then you can challenge the patent. If you don't do that homework, and just make a conclusory claim, then your challenge will get immediately dismissed, as it should be.

Comment Re:What the hell is going on a the USPTO? (Score 1) 58

I don't think the problem is software patents. The problem is stupid patents. Like, I patent exactly the same thing everyone does, *but on a bicycle!*. The examiners seem to have completely forgotten the basic premise, which is that you cannot grant a patent to something that a person with an ordinary skill in the art could come up with based on prior art.

They haven't forgotten it - what they realize is that they have to prove that a person with ordinary skill in the art could come up with the claimed invention based on the prior art. It's not something as simple as a gut feeling of "this is obvious", particularly because they get that gut feeling after reading the patent application. If it's a really well written application, super clear with tons of explanatory diagrams and examples, the end result should feel pretty obvious, in hindsight... but that says nothing about whether, one day before without reading that application, someone could come up with it.

So, they have to prove obviousness using evidence that was available on that previous day, and specifically, if they can show that all of the elements in the claimed invention were known on that day and could be easily combined, then it's obvious. So, for example, if peanut butter sandwiches are known and riding bicycles is known, then "eating a peanut butter sandwich, but on a bicycle!" is obvious, even if no one has ever done that particular combination before. The question is where there's some element of the invention that no one actually has ever done before - turning at an intersection based on a degree of tire rotation to peanuts crunched per bite ratio exceeding a threshold - then proving that that is obvious gets a lot tougher.

Comment Re:What the hell is going on a the USPTO? (Score 1) 58

There's nothing about our products that isn't perfectly well protected by copyright and trademark law.

Copyright is great for protecting that specific piece of software from piracy. It does almost nothing to prevent another developer from doing a copycat game. That's why Zynga laughs at copyrights, but does file a bunch of patent applications.

Comment Correction - 5 claims of 35 invalidated (Score 1) 58

The patent still has 30 currently valid claims - only claims 31-35 were invalidated. They were also the only claims that Personal Audio claimed Corolla infringed, so invalidating them is a good step forward, but it's a bit much to claim the patent itself is invalidated.

The remaining 30 claims were also quite a bit narrower than Claims 31-35, so this decision wouldn't necessarily indicate they're likely invalid.

Comment Re:Thought Experiment (Score 3, Interesting) 32

Scientists used to believe that no life would exist at the bottom of the sea around hydrothermal vents do to the kack of light, high heat, and toxic chemicals. Then they visited the hydrothermal vents in subs and found them teeming with all sorts of crazy life, violating their expectations in the most extreme way possible. Perhaps the same holds true for planets near supermassive black holes. And that that's where most of the life is in the galaxy. And that Earth is a bunch of intra-galactic hicks living out in the sticks. Which is why we haven't found any evidence of extra-terrestrial life yet.

The problem with this is a simple matter of time. The stars thus created don't have the luxury of billions of years, or tens of billions of years in the case of lower-mass stars than our sun, to evolve complex life. It would also be a problem that, if they were to survive long enough to evolve a space-faring civilization, they would need to find a way to carry the escape velocity from the black hole in addition to all of the other energy necessary just to get away from their home planet.

Comment Re:Thought Experiment (Score 3, Interesting) 32

Also when people think of super massive black holes they think of violent, scary, life suckling masses. Compared to the smaller ones they are tamer as they have such a great surface area that stars near there can stay for away from the event horizon for billions of years due to subtripical force and the fact gas gets pulled from great distances

Comment Re:Reason: for corporations, by corporations (Score 1) 489

No privatize in this way is more government. Government creates monopolies. Competition destroys them.

The city owns the sidewalk and can open it up if they want. But it is easier to shake hands with certain companies and hand them a monopoly.

The solution is not more government that created the problem but less every time.

Comment Re:Reason: for corporations, by corporations (Score 1) 489

"The lazy" sinking to the bottom is a commonly-held belief, but in fact being at the bottom is a lot more work than being at the top. It's not because people are "lazy" that they remain at the bottom. It's because most of the value their work produces is taken as profit by their employers, and they are paid the absolute minimum that their employers can get away with. If they were getting a decent cut of the value they create, they wouldn't be poor. That's not to say that there aren't lazy people at the bottom living corruptly, but the claim that if you are at the bottom, you are lazy, is a fallacy.

Well why is it that we have illegals in the US crossing the border then? Why aren't Americans willing to do these jobs?

Yes they are lazy and I say this as one. They are unwilling to work or better themselves or keep a job long enough to have that resume to work out into a decent standard of lving.

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