Please create an account to participate in the Slashdot moderation system

 



Forgot your password?
typodupeerror
×

Comment Re:Look at the table in the PDF (Score 1) 71

And for Cassini2 specifically, it's not an issued patent vs. rejected patent. Both were issued, the point being that the new one was issued after the first was invalidated by a district court...

USPTO wanted comments on the guidance, not pointing out where they are failing to meet the guidance. This is where the EFF probably overstepped.

Actually, it's issued patent vs. pending application. And where the EFF overstepped was in violating 35 USC 122(c):

(c) Protest and Pre-Issuance Opposition.— The Director shall establish appropriate procedures to ensure that no protest or other form of pre-issuance opposition to the grant of a patent on an application may be initiated after publication of the application without the express written consent of the applicant.

Had the application been issued, that wouldn't be an issue (pun aside), but as the EFF admits in their comments:

For example, on Nov. 12, 2014, U.S. Pat. App. No. 11/091,200 received a notice of allowance.5

5 The applicant has since filed a Request for Continued Examination (RCE), the 12th RCE filed since the application was first filed in 2005.

So, yeah, it's a pre-issuance protest to the grant of an application, without express written consent of the applicant.

Comment Re:Constipated Justice System (Score 1) 230

I realize that it is difficult to achieve a balance in fairness in sentencing but here we have an example of a court getting whacked out. Try and find a single case in which a drunk driver or hit and run driver who has killed someone gets 18 years in jail.

Ah, but this wasn't a single case with a single victim. This was 27 separate charges with literally thousands of victims. It shouldn't be surprising that someone who commits a crime 27 times serves more time than someone who commits it just once, and that yes, even though it may be only a couple of years of time for a single charge, when you aggregate more than two dozen charges, the time starts approaching that served for a more heinous crime.

For comparison, would you say that it was an example of a court getting whacked out that this guy got 20 years in prison even though he didn't kill anyone, unlike your hypothetical drunk driver (his 11 armed robberies notwithstanding)?

Comment Re:Bring on the discussion of fair sentencing... (Score 1) 230

From what I can see the normal prison term for aggravated identity theft is five years and for extortion of $30,000 is about 2 years or a bit more depending on prior criminal record, so a five to seven year sentence would be normal and actually feels reasonable to me. There's no question that this guy's behavior was abominable and deserving of punishment, but the novelty of the offense is not an aggravating factor.

It's not. Rather, the number of separate victims and separate instances of crime is the aggravating factor - he was convicted of 6 counts of extortion and 21 counts of identity theft. Going by your math above, that's 12 years for the extortion and 105 years for the identity theft, or 117 years. He got about 1/6th of that, so, if anything, this is light.

Comment Re:Nothing to do with software patents (Score 1) 42

Informative? Really mods? When a PATENT ATTORNEY uses outright FUD like comparing patents to trade secrets while outright ignoring the description for the fucking thing is IN THE PATENT?

... what are you talking about? I didn't compare patents to trade secrets, and what description "IN THE PATENT"? What "PATENT"? There's no patent mentioned in the article, thread, post you're replying to, etc., etc. Are you off your meds? That would explain the all-caps frothing of rage.

Comment Re:Nothing to do with software patents (Score 1) 42

Software patents are explicitly not allowed in US either.

That's true, which is why there aren't any enforceable patents on software, nor are any being issued now. There are patents on machines that implement software, but not on the software itself.

It was the US patent court that after it was established as being outside the normal courts that unilaterally decided to allow software patents.

I'm not sure what you're trying to say here. The "US patent court"? You mean the Appeal Board at the USPTO? And no, it wasn't anything "outside the normal courts" - it was the Supreme Court in Diamond v. Diehr that said that inventions aren't excluded from patentability merely because they use software. And the PTAB wasn't involved in that one at all.

Comment Re:Nothing to do with software patents (Score 3, Interesting) 42

Sorry, but other experts then me says the opposite:

http://epla.ffii.org/quotes

Notice that none of those are actually complaining about the establishment of a unitary court or patent, nor are they saying that this legalizes software patents, which it doesn't. Instead, they say that this could "restart the debate" over software patents. In fact, if you only read the fear-mongering, bolded "software patents are fully enforceable across Europe" in the second quote, you might miss the fact that it's saying that pro-software patent groups want that result, not that it actually exists now.

Comment Nothing to do with software patents (Score 3, Informative) 42

Mr. Henrion is apparently so strongly opposed to software patents that he's seeing them everywhere he turns. The Unitary Patent is not an "attempt to legalize software patents," it's an attempt to harmonize the current patent system in Europe, which is a silly mishmash of union-wide and nation-specific laws. Specifically, right now, you file a patent application with the European Patent Office, which examines it. If it's allowed, then it doesn't become a patent, as there is no "European patent". Instead, you then also have to file patent applications in the UK, France, Germany, Spain, Greece, Italy, Austria, Belgium, etc., etc., paying national patent fees to each country. Those countries will rubber-stamp the patent as allowed based on the European Patent Office's decision to grant, so there's nothing added - it's just a way for each country to grab additional fees.

Of course, as a result of those individual country fees, hardly anyone files for patent protection in, say, Luxembourg, or Albania, or Latvia, because the markets aren't big enough to justify several thousand in fees per country (except in pharma, where they can just charge thousands of dollars per dose of medicine and get the costs back easily). In fact, generally, high tech inventors only get protection in the UK, France, and Germany.

As a result of not having patent protection in those other countries, companies also don't invest in those other countries... You're not going to open a manufacturing plant in, say, Portugal, even if the labor is really cheap, if you have no patent protection there and your competitor can simply open a plant across the street and spy through your windows. Nor are you really going to focus marketing efforts in those countries, if your competitor can simply buy the product and reverse engineer it. So, you end up with 1st world Europe in UK/FR/DE, and 2nd (or 3rd) world Europe everywhere else.

The Unitary Patent, on the other hand, is an actual European Patent. Rather than nationalizing in each individual country, you get a single European Patent that is enforceable everywhere in Europe. It doesn't make software patents legal - and in fact, software patenting is explicitly not allowed in Europe already, and this doesn't change anything about it - it just makes the filing and fees more straightforward, while extending protection into those other countries.

The other thing it does - and Slashdot should like this - is that it creates a Unified Patent Court that hears cases on infringement and validity of European patents. And it's not just one old fart in a black robe who doesn't use email and 12 idiots who had the day off from work, it's actually panels of three specialist judges who only hear patent cases and have appropriate scientific or engineering backgrounds (there's a mechanical division, a chemical division, and an electrical division).

Now, there is some opposition to the Unitary Patent, but it's not "zomg, this legalizes software!" Instead, it's coming from companies in those countries that no one bothers getting a patent in that actually are doing reverse engineering of competitor's products. And yeah, they should be upset, because this would force them to come up with their own inventions rather than just stealing everyone else's.

Disclaimer: I am a U.S. patent attorney, I'm not your attorney, this is not legal advice, etc.

Comment Re:Truth in Labeling: Require a sign on the door. (Score 2) 886

Proposed: Any store can refuse service to anyone. "No shirt, no shoes, no service". And to make this effective, the store must post its refusal criteria on the door, or within (x) feet of the door, in letters at least 3 inches tall, clearly legible before a customer enters the store, in order to avoid any misunderstandings.

Yeah, that's never been abused before...

Comment Re:This test is impossible and pointless. (Score 1) 522

well, my team is a product team within a big software company. We aren't allowed to actively pursue hires. There's red tape and stuff. We've been given the green light to hire only 2 times in the past 4 years. Our candidates are handed down from HR. I don't believe that our lack of female team members has anything to do with my team. But I DO think it is strange that I have never even seen a female candidate since joining this team.

Maybe it's an issue with HR at your company, not passing resumes of women to you.

Comment Re:This test is impossible and pointless. (Score 1) 522

I work on a team of 10 people. my understanding is that about 15% of the entire software workforce is women. given those numbers, it is unsurprising to me that a random sampling of 10 software engineers will contain no women.

Sure, but your earlier comment was that you haven't even seen a woman candidate in years. Unless you've also never seen any male candidates and have maintained the same team through that period, than that random sampling should be much more than 10. And depending on how many resumes you've received and interviews conducted, seeing no women candidates could start looking very strange statistically.

So, industry-wide, sure, it's a thing for sociologists and educators. But your team personally? Maybe there's something you've missed in your position advertising that convinces women never to apply.

Comment Re:Would this be a good game to play with kids? (Score 1) 256

I have a 9-year old and 11-year old, both into Minecraft, and I thought this might be a fun way to spend a few hours a week together.

Opinions?

I think you'd be fine. As people mentioned, the roads can be a bit difficult, but take your time (put the game on pause when doing a bunch of road building) and have fun.

Comment Re:I know we don't like EA... (Score 3, Insightful) 256

I can work around em, but yea... when my trains all get piled up it is a problem...

and cars going to the right lane miles before their exit causing a backup with cars merging on is a problem too...

As others have noted, this is realistic. There's also a real-world solution for it - exits should occur before merges. That way, there's an empty lane for cars to merge into. By having a merge before the exit, as highway throughput increases, you experience jams.

Comment Re:Aren't these already compromised cards? (Score 3, Interesting) 269

But of course, the person who is stealing your credit card info is most likely your waiter, and they have a minute or two with your card over at the POS to copy down the CVV manually.

And this is why the United States needs to move to EMV (Chip & Pin) like the rest of the world. Rather than the waiter taking your card away, they bring you a hand-held terminal, which you then take and perform the last portion of the contract yourself, with the card never leaving your hands.

Yep. Great system, though a little awkward when tipping and they're standing over you staring as you go to push the 10- no, 15- no, [gulp] 20% button. Maybe that's why they don't tip much in Europe.

That said, there's a reason why the US is moving to Chip & Signature cards, but not Chip & PIN. The banks will tell you it's because they don't want to confuse or scare their customers who can't learn new systems, but the real answer is that legally, if there's fraud on regular credit cards or chip & signature, the banks can charge it back to the merchant, who must have failed to verify the signature or ID of the purchaser. If there's fraud on chip & PIN cards, legally, the banks have to eat it. So they're not moving to that until they have to.

Slashdot Top Deals

Our business in life is not to succeed but to continue to fail in high spirits. -- Robert Louis Stevenson

Working...