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Submission + - Patent troll in Texas stymied by Minnesota Attorney General (law.com)

drew30319 writes: Minnesota has turned the tables on a patent troll.

MPHJ Technology Investments has agreed to stop contacting Minnesota businesses about the use of document-scanning in their offices. It appears that MPHJ was contacting businesses and requesting / demanding license fees for patent(s) owned by MPHJ.

Under this new agreement MPHJ will no longer contact Minnesota businesses about these purported licensing fees without first receiving permission from Minnesota's Attorney General.

Here's the article at Corporate Counsel: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202616582520&kw=Minnesota%20Draws%20Accolades%20for%20Settlement%20With%20'Troll'&et=editorial&bu=Corporate%20Counsel

Comment my experience running a 501(c)(3) (Score 2) 100

This might not be the type of answer that you're looking for but the issue that has most affected me (running a one-person nonprofit from home) is that I've occasionally had problems because my IP address is shared by "adult" web services because I do not have a dedicated server or address.

And so . . . with my nonprofit's focus on the prevention of teen dating violence I have people in school districts regularly contacting me via email and/or visiting my website from schools. From time to time my IP address used to wind up on block lists and I would spend a fair amount of time contacting school web admins to allow my emails through and/or access to my site.

The host I use (HostGator) has worked well for me but unfortunately does not offer a shared-but-not-with-any-adult-sites hosting plan. What I've done to ameliorate the impact is: (1) use Google's fantastic (and FREE) support for nonprofits by using the free Google Apps service to route all of my email accounts through Google and (2) use a free service to monitor my inclusion on any blacklists (MxWatch Monitor via MxToolbox.com). As a result I've been able to avoid almost all email issues and have been able to address any other blacklisting issues as soon as they crop up.

I don't have the web traffic that you do (approx 5,000 unique visitors daily and less than 50GB monthly bandwidth) but HostGator has been almost completely hassle-free. This is the third hosting company that I've used in the past 7 years and I doubt I'll ever have to switch again. I pay around $20 / month and that includes reseller hosting (I help out a few other sites for small nonprofits that don't have a tech background by hosting their sites for them).

If you need further info feel free to contact me - and if you decide on HostGator I'd be happy to give you a referral code (my org could use any and all financial support possible!!!).

Games

Submission + - Play Wii -- Become a Better Surgeon -- Profit!!! (npr.org)

drew30319 writes: "NPR reports that a team of researchers at the University of Rome required a group of surgical residents to play video games on a Nintendo Wii for an hour a day, five days a week, for four weeks resulting in "statistically better" performance than a control group for laparoscopic skills. The study is available online ( http://dx.plos.org/10.1371/journal.pone.0057372 ) and includes some interesting stats (e.g. while the control group showed a 10% improvement in accuracy, the Wii-playing group's accuracy improved by 83%).

The study's authors add that ''[t]he Nintendo® Wii may be adopted in lower-budget Institutions or at home by younger surgeons to optimize their training on simulators before performing real procedures.'"

Comment Re:what recourse? (Score 2) 298

Although hiring an attorney is not a bad idea, the rest of this is not accurate. DMCA is a large unwieldy tool but YouTube's approach is pretty fair. If you assert your willingness to be identified and sued by the rights holder (through a counter-notification) they will put your content back online. Only if the rights holder then takes legal action do they remove the content.

Although "the media giants" may abuse DMCA, we have nobody to blame but ourselves for not taking the time to learn what our own rights are and how we can assert them; and asserting them doesn't have to cost us anything other than investing a little time in the process.

Comment YouTube DMCA takedowns (Score 2) 298

Has YouTube changed their procedures for dealing with DMCA takedowns? I had this same experience with a video for my nonprofit and once I asserted my willingness to be sued YouTube restored the video. Their position at the time (and apparently still their position per their site) was that it was up to the rights holder to sue under DMCA --- not for a contributor to sue to have content restored. The process I followed is here: http://www.youtube.com/t/copyright_counter and although my video was down for a few months it was put back up and is still up years later. This is the way that I believe DMCA was designed to work and YouTube does a pretty good job of balancing this process. YouTube does not make any determination about if the content is "fair use" or not - they instead put the onus on the one asserting infringement to take legal action. Seems reasonable to me - and at least in my case - their process worked.

IANAL but did graduate from law school a few months ago.

Comment Re:Frist post :( (Score 2) 338

It is respect for victims and their loved ones. Anybody seeking this gore out has serious issues - and the most serious issue is that most would disagree with me because this is the point at which we now find ourselves. Entertainment trumps compassion in our culture and frankly I think we'd be better off without those who see this type of tragedy as a way to get their gore-rocks-off; I wish they would just go away.

We have become numb to genuine tragedy because we celebrate fictionalized tragedy as plot devices and then squeeze every possible $ out of genuine tragedy. Fuck those who say they have a "right to know" or "right to see" - that's crap and intellectually you know better. If it's your sister / mom / daughter who is burning to death in a video nobody has a *right* to watch that on youtube while they chow down on cheezy-poofs.

My condolences to the many many victims of this whose lives will never be the same. Such a horrible loss and I wish that your lives would never have been so affected.

P.S. I know somewhat of what I speak. E! Entertainment did a show on my daughter's murder on their program "True Hollywood Stories." My daughter was a high school student murdered by her ex-boyfriend. There was NO "Hollywood" story, true or otherwise. They just wanted to make $$$ off of my poor daughter's death so they could buy more cheezy-poofs. Nothing but parasites.

Comment Re:Blame the Federal Arbitration Act (Score 1) 378

Personally I don't think there's a problem with preferring arbitration over litigation for business entities; but I agree that arbitration is generally a terrible fit for consumers.

Also, a recent post on SCOTUSblog has a nice analysis of why the AT&T decision wasn't necessarily as dire for consumers as most commentators have stated: http://www.scotusblog.com/2011/09/att-mobility-faa-preemption-and-class-arbitration/

Comment Re:This is why! (Score 1) 432

The color red is not trademarked by Coke (although the bottle shape is).

However, in 1995 in Qualitex Co. v. Jacobson Products Co., SCOTUS held, "sometimes, a color will meet ordinary legal trademark requirements. And, when it does so, no special legal rule prevents color alone from serving as a trademark [as long as] "in the minds of the public, the primary significance of a product feature [...] is to identify the source of the product rather than the product itself."

Qualitex Co. v. Jacobson Products Co.: http://www.law.cornell.edu/supct/html/93-1577.ZS.html

Comment Statement from BART (Score 5, Informative) 440

From TFA:

"BART’s primary purpose is to provide, safe, secure, efficient, reliable, and clean transportation services. BART accommodates expressive activities that are constitutionally protected by the First Amendment to the United States Constitution and the Liberty of Speech Clause of the California Constitution (expressive activity), and has made available certain areas of its property for expressive activity.

"Paid areas of BART stations are reserved for ticketed passengers who are boarding, exiting or waiting for BART cars and trains, or for authorized BART personnel. No person shall conduct or participate in assemblies or demonstrations or engage in other expressive activities in the paid areas of BART stations, including BART cars and trains and BART station platforms."

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