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Comment They Yanked an iPad app too (Score 1) 247

A similar story made the rounds last April. CBS claimed copyright infringement on the "DiagnosticPADD" app for the iPad. Specifically, CBS claimed

“the Application uses the ‘PADD’ trademark and the interface is substantially similar to CBSS’ copyrighted LCARS interface. Your use of the Series’ Properties improperly trades on the goodwill and reputation of CBSS and the Series and is likely to cause confusion among consumers that the Application is affiliated with or licensed by CBSS and/or the Series. CBSS has concluded that such use constitutes trademark infringement, dilution, passing off and misappropriation under the Lanham Act and applicable state laws, as well as copyright infringement under applicable U.S. copyright law and counterpart laws around the world.”

What's confusing to me is they seem to flip back and forth between copyright and trademark infringement. I'm not sure how either would apply here anyway.

Comment Hello from the front lines in Brooklyn (Score 3, Interesting) 395

I'm writing this from the foot of the Brooklyn Bridge, right near the edge of the evacuation zone 'C'. A good portion of the people here in the neighborhood of Dumbo near the water have either followed mandatory evacuation or have opted to leave on their own . Nearby low-lying Fulton Ferry and the much better situated Brooklyn Heights are ready to ride the storm out.

I also happen to have the weekend on-call network emergency duty for a group of offices here in the neighborhood (trade into it weeks ago. Oops). We ran through a checklist today, including testing backup generators and going over contingency plans for flooding. In front of me is a cell phone, radio and keys to everything. Meanwhile, the city is doing a massive amount of prep work on its own. Talked to a number of friends and neighbors today and everyone who will be here is hunkered down.

This is my first hurricane. Not sure how this is going to turn out, but everyone here is ready.

Bring it Irene.

Comment Re:Seen it before. Here's what's going to happen. (Score 0) 209

I've seen nearly-identical "deals" for photography packages on Groupon before. To be a successful commercial photographer, you need 1) equipment 2) a measure of skill and talent and 3) enough business smarts to make enough money for your time.

The move to digital has significantly lowered requirement #1, equipment. Until an photographer starts building a portfolio and eliciting feedback from others (preferably experienced photographers), they won't have a clue as to requirement #2, their skill level. That lack of understanding hurts requirement #3, knowing what to charge.

So here's how the scenario above will play out. 300 Groupon users will call and make bookings in the near future. The photographer will accept a handful of them at first, and quickly realize what he/she's gotten him/herself into. The photographer will then try to weasel out of the rest of the coupons; pushing available dates into the distant future, cancellations, attempting to disqualify the coupon, attempting to change the terms, stalling, and finally flat our ignoring them. Groupon users will then complain the Groupon, who will eventually get the money back, and everyone will walk away unhappy.

People will be quick to blame Groupon in this case. But its wholly the photographers fault. If you, as a business owner, overcommit your product, your resources, your services, or yourself, you only have yourself to blame.

Disclosure: I've done some work as a commercial photographer, mostly because I enjoy the occasional change from the usual 9-5 IT work. Feel free to hit up the link in my sig.

Doh. Just realized I wasn't logged in and posted that as Anon. Link in sig is below:

Comment Quote from the article (Score 1) 164

From the article:

Rayotek CEO Bill Raggio: "You can hire some giant squid to come over with a sledgehammer and just start bashing away on that glass sphere. And it won't hurt it."

I'm sold. If there's anything I fear more while in my personal sub than sharks with head-mounted-lasers, it's hired squids wielding sledgehammers.

Also those homeless sperms whales that approach your sub at the intersection and want to squeegee your front porthole for spare change are annoying too.

Comment Re:Can we have this on comments too ? (Score 5, Funny) 257

I can't believe this was modded [mod]. You're obviously another rabid [OS] fanboy worshiping at the feet of [Tech CEO]. The summary was horribly written, but what do you expect from [Slashdot Editor]? Why is this even filed under [Slashdot category, not 'Idle']? I should have been filed under [Slashdot category, use 'Idle']. While IANA[letter], I do know about [random subject] from reading [website] and you'll notice I have a [number from 1 to 100] Slashdot ID. What needs to be done is [personal opinion]. Of course, it'll never work because [conspiracy theory]. Finally, in [political organization] [country], [object] [verb] YOU!

Please mod this comment [cardinal direction]

Comment personality rights? (Score 1) 344

Funny, I thought the law was quite clear about needing explicit permission to use one's likeness for advertising. I believe it's referred to as personality rights, or more specifically in the US, right to publicity. Failure to do so can result in a lawsuit for invasion of privacy through misappropriation of name or likeness and/or violation of the right of publicity.

Though I'm sure FB is already prepared to update its terms of use to allow this kind of use, no doubt by dangling useless "Facebook credits" in front of the users to get them to sign...

(IANAL, but have worked enough with commercial photography to know you always need a release for this kind of use in advertising)

Comment One of these is near me (Score 1) 322

Empire Fulton Ferry Park is right down the street from where I live. There's only so many places it could be hid.

I think I need to fire up my spare laptop with a LiveCD and find it.

For science

Comment Missing Enterprise features (Score 2, Interesting) 391

I'm not going to talk heavily about whether or not Windows Phone 7 is a good consumer phone. Only time will tell what kind of market adoption it will have verses the iPhone, Android, and Blackberries already present in the market.

I will, however, bemoan the complete lack of enterprise-ready features. Support for Exchange and and Office are good, but it's still a step backward from Windows Mobile 6.5. There's no support for 3rd party or enterprise apps. No mention of tethering or security certificates. Enterprise features such as have been promised at a future date, but I need a enterprise ready phone now. Maybe the Windows mobile 6.5 platform can be stretched to cover this need another year or two. But at this point, they're very little reason not to accept the reduced set of enterprise features and move to Android or the iPhone.

In its rush to grab a chunk of the consumer market, Microsoft may lose what market it had in the enterprise world.

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