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Microsoft

ITC Investigates Xbox 360 After Motorola Complaint 71

FlorianMueller writes "The US International Trade Commission, which is increasingly popular as a patent enforcement agency, voted to investigate a complaint filed by Motorola against Microsoft last month. Motorola claims that the Xbox infringes five of its patents. In October, Microsoft complained against Motorola, alleging patent infringement by its Android-based smartphones. Apple, Nokia and HTC are also involved with ITC investigations as complainants and respondents. A new one-page overview document shows the ongoing ITC investigations related to smartphones and the products that the complainants would like to have banned from entry into the US market. The good news is that any import bans won't be ordered until long after Christmas. The ITC is faster than courts, but not that fast."

Comment Re:Cycle (Score 1) 580

And yet, on balance, he has done a lot of good. Consumers like his products. They are selling faster than Apple can make them in many cases. The majority of Apple's revenue comes from products that didn't exist 5 years ago at all. I can't say that my life is any worse for my Macbook Pro, my iPad and my Mac Mini which runs my media center. In fact, I'd say it's better. I don't have an iPhone - I think the Nexus One is an all-around better phone. But the other stuff? Rocks. All of it. Better than anything the competitors make.

Comment Re:How about replying? (Score 1) 396

Which does NOT preclude Tetris from suing Google. I was personally involved in a lawsuit where AT&T, Yahoo and others claimed immunity. The person suing disputed the immunity. They spent a lot of money, all they way through the US Court oF Appeals to defend their immunity. Immunity is from LIABILITY, not from being sued. Anyone can sue over anything in the US.

Comment Re:Breaking up companies (Score 3, Insightful) 372

There is NOTHING unmanageable about Google. Their management and board are doing just fine, thanks. Breaking up a company for being successful is INSANE. The entire claims appear to be predicated on a wrong understanding of what the law says. Being a monopoly is not, in and of itself illegal. Anti-competitive practices ARE illegal. Google is not, from what I can see, doing anything other than being very good at what they do.

Barriers to entry are limited to having servers and a search algorithm. I can have a web-crawer running tomorrow and a search engine in short order. If I do bette than Google, people will come to me. If I don't, I don't get to whine to the government because I am not competent enough to do a better job!

Comment Re:Sold! (Score 3, Insightful) 144

The stock trades higher when the street thinks that the bids are too low. Nobody is going to tender their shares @ $5.75 when they can get a better price by selling at market. If the above the offer price is sustained, then either the bid will have to be increased or withdrawn. This happens all the time, and is a normal function of a stock market. The value of a company may be more or less after it is taken over - the goal of the bidder is to bid as low as possible. The goal of shareholders is to get the highest bid possible. The goal of management is to maximize shareholder value, which can involve sale, profit improvement, or a host of other things.

Comment Re:Pathetically ignorant and condescending (Score 1) 288

Except that juries are empowered to be the judges of facts. Which means they can use their knowledge to make such judgments. There is no escaping this fact. Even in your example, the lawyers are relying on the jury forming opinions. Given that opinions and judgments of facts are, by their very nature, based on personal knowledge, emotions, beliefs, it's disingenuous to suggest that using knowledge of everyday physics or computers or any other thing won't figure in.

That's what voir dire is for - lawyers have a chance to exclude individuals that they think might have some prejudicial belief or knowledge. If the lawyer doesn't exclude someone, they get that person with all their knowledge, beliefs, prejudices etc.

Bottom line - juries judge facts and do so by weighing the evidence with their personal knowledge of how things work in the world, including their judgment of the truthfulness of a witness' statement or the accuracy of any evidence presented.

Comment Re:Pathetically ignorant and condescending (Score 1) 288

As a juror I get to decide the value of the evidence presented, and whether or not said evidence meets the necessary conditions for conviction (criminal) or judgment (civl). No matter what is done, this is based on my personal knowledge and opinions, including, but not limited to, my trust of a witness, my trust of a lawyer, my trust of the police, my knowledge of human nature and a host of other things.

That's the point of the jury system - the juror is empowered to make a judgment call. How the heck can you do that without using your own judgment??? I'm not talking about reading excluded evidence, but if one witness says that "water runs uphill" and another says "water runs downhill" then I can use my own knowledge of gravity to determine that the 2nd witness is more than likely telling the truth. This applies to ALL forms of knowledge that I might have, not just the laws of physics or hydrodynamics.

The principle that you are proposing would exclude a juror from doing ANYTHING at all, since everything is a judgment based on their knowledge!

Comment Re:Pathetically ignorant and condescending (Score 1) 288

Every juror gets to express their opinion. That is how it works! I am free to say that "I don't believe X is telling the truth because...." or "The government didn't prove the case because..." and say any damn thing I want!

Following your principle, there would be no deliberation, simply a vote. But that's not how it works. In other words, you are wrong.

Comment Re:Pathetically ignorant and condescending (Score 1) 288

Exactly. If by some nearly impossible set of circumstances they allowed me to sit on a jury for a trial that revolved around computers (e.g. log files, ip tracing, etc), you can be darn sure I'm going to try to explain to the jurors what's either right or wrong with what each side said. Of course, if the attorney for one side or the other is afraid of this, they'll find a way to get rid of me in voir dire.

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