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Comment: Re:Legally correct decision with awful results (Score 1) 303

Splits in the circuits are more common than you might imagine, and the Supreme Court doesn't always resolve them. A lot depends on how substantial the split is. Minor differences don't always get resolved.

In any event, this case isn't "ripe" for appeal to the Supreme Court yet. The Supremes rarely get involved until all lower court proceedings have been exhausted, and this case just got sent back for retrial on the issue of fair use. The process can be maddening for the individual litigants, but it makes sense for the legal system overall.

Comment: Legally correct decision with awful results (Score 5, Informative) 303

(I actually read the court ruling before posting this)

tl;dr version: The results will likely be awful, but the decision appears legally correct.

Google won at trial because the judge decided that the Java API was not copyrightable. I absolutely believe that API's should not be copyrightable, but that isn't what the law says. Copyrightability has a very low threshold. The trial judge screwed up by applying legal standards related to fair use to the question of copyrightability. The appeals court was correct to reverse.

The case now goes back to the district court. There will be a new trail with a new jury, but the only issue will be whether Googe's copying of the Java API is fair use. The original jury deadlocked on this question. Fair use decisions are very subjective, so it's hard to predict how this will turn out. All I can say is that I hope Google wins.

P.S. None of this decision was related to patents. Oracle lost on their patent claims at trial, and that stands.

Comment: Re:It's a trap! (Score 2) 171

by Anon E. Muss (#41896225) Attached to: GM Brings IT Dev Back In House; Self-Driving Caddy In the Works
At the macro level, adding employment to Detroit would be a good thing. At the micro level, it could be a bad thing for individuals who take a job at GM, and then find themselves working in conditions that make Dilbert look good by comparison. I understand "any port in a storm, and any job in a recession." But if you have a choice, would you really want to go to work for somebody who is absolutely hated by many of his prior employees?

Comment: Re:At the end of the day (Score 5, Insightful) 387

by Anon E. Muss (#41155499) Attached to: Why Juries Have No Place In the Patent System

The jury saw that, and decided that that was wrong.

And therein lies the problem. The point of a trial is to decide what is LEGAL. It's great when Right and Wrong correspond to Legal and Illegal, but it doesn't always work out that way. One reason it doesn't is because right vs. wrong can be very subjective, but legal vs. illegal is supposed to be very objective.

I'm concerned that this jury simply got offended that "Samsung copied Apple", and didn't fully consider the prior art that would make such copying perfectly legal. The foreman saying they wanted to "send a message", in clear violation of the judge's instructions, calls the result into question.

Comment: The fight is really all about the codec (Score 2) 211

by Anon E. Muss (#40953689) Attached to: Microsoft Picks Another Web Standards Fight

From a purely technical perspective, Microsoft's proposal may actually be the better choice. The problem is that CU-RTC-Web doesn't mandate a codec, and lets the peers negotiate. Microsoft spins this as being flexible, and at a purely technical level, it is. The problem is that if the standard doesn't mandate some reasonable baseline codec, you're going to end up with implementations that can't talk to each other. Microsoft knows this, and they doesn't care.

Google isn't exactly a Saint either. They know full well that Microsoft and Apple won't implement VP8 (for semi-defensible technical/legal reasons, as well as evil intent). WebRTC with VP8 is unlikely to ever be available on iDevices, and that's a significant chunk of the market. Google knows this, and they don't care.


+ - [Videos] Linaro engineers talk about the status of Linux on ARM-> 2

Submitted by
Charbax writes "Some of the worlds best developers work at Linaro optimizing the future of Linux on ARM. In this 4-hour video series several of them describe software solutions for the upcoming ARM big.LITTLE architecture (ARM Cortex-A15 and ARM Cortex-A7), demonstrate how Linaro Android 4.0.4 runs twice as fast as stock Android 4.0.4 on the TI OMAP4430 Pandaboard, talk about the future of Android, unify the ARM bootloader, combine multiple ARM SoCs into one Linux Kernel for ARM. Canonical works to support ARM Servers, Mark Shuttleworth talks about the opportunity that ARM constitutes for Ubuntu on Laptops and Servers. The CTO of Linaro talks about the next billions of ARM Powered devices that they are working to optimize Linux for."
Link to Original Source

Comment: Re:Sucks for Lightsquared (Score 5, Insightful) 178

by Anon E. Muss (#39043817) Attached to: FCC Bars Lightsquared From Using Airwaves

Really, the FCC and/or the GPS equipment manufacturer should be the ones being penalised.

As a practical matter, there's no way to do that. If you allow Lightspeed to operate, you penalize the USERS of the (allegedly) badly designed GPS devices. It does suck to be Lightspeed, because GPS really is much more important than them.


+ - HP's New ARM Servers: It's All About Power->

Submitted by
snydeq writes "HP's decision to go with ARM for its new Redstone server "platform" is a blow to Intel, but the real story is that AC power now costs more than hardware, InfoWorld reports. 'HP's new high-concept initiative, Project Moonshot, under which the Redstone project was launched ... is actually a pretty bold plan: Push the data center toward extreme low-power servers and "hyperscale" architecture (another way of referring to a large private cloud). As a proof of concept, you're supposed to be able to squeeze more than 2,800 Redstone servers in a single rack. According to HP Labs, this configuration yields 89 percent less energy, 94 percent less space, and an overall cost reduction of up to 63 percent compared to traditional server systems.'"
Link to Original Source

Comment: Re:Free as in BSD (Score 2) 163

by Anon E. Muss (#36064486) Attached to: 2 RMS Books Hit Version 2.0

I'm tired of this sad trolling.

Then why are you on /. ?

GPL advocates never complain about the BSD license. It's only BSD advocates that complain about the GPL.

The GPL advocates are definitely more subtle about it -- they usually don't stage frontal assaults on BSD. They don't have to. GPL advocates have successfully created an environment where their concept of "freedom" is widely taken to be the one and only true definition. Any attempt by BSD advocates to challenge the GPL definition of freedom is seen as trolling. Like many "hot button" social issues, it's difficult to have a reasoned discussion, and even when you do, few minds are ever changed.

Just because you want to use other people's code without having to respect their conditions doesn't give you the grounds to demean the GPL, dude.

I believe free software (whether as in speech or beer) is a gift, and the person giving the gift has an absolute right to impose whatever conditions they want on recipients. People who can't/won't accept the conditions must decline the gift. Taking the gift and not abiding by the conditions is not a morally acceptable alternative.

I also believe that giving gifts doesn't create immunity from criticism. People who don't like the conditions attached to a gift have an absolute right to complain. If enough people agree that the conditions are unreasonable, pressure from the community may convince the giver to modify their terms. If few people agree, pressure from the community may convince the complainer to sit down and shut up.

Comment: Re:And I thought Office 2010 was hard to use (Score 0) 403

by Anon E. Muss (#35326004) Attached to: Microsoft Shows Off Radical New UI, Could Be Used In Windows 8

Let me know when your favorite MS Office alternative can open and flawlessly display every Office file that I have, or may receive from somebody else. I also need a guarantee that files I create with it can be sent to people using MS Office, and they'll be able to use them without incident.

The network effect isn't fair, but it is reality. I absolute hate the ribbon UI, but not enough to suffer the compatibility issues of switching to something else.

Comment: Re:Can they actually do this ..? (Score 2) 325

by Anon E. Muss (#35210010) Attached to: AMD Sale to Dell Rumored

Would Dell then sell AMD chips to other (competing) manufacturers?

Dell would probably be happy to sell the chips. The real question is, would competing manufacturers want to buy them? For example, I'm quite sure that HP would phase out and eventually stop selling systems with AMD processors. Big companies don't like sending money to their competitors.

Prof: So the American government went to IBM to come up with a data encryption standard and they came up with ... Student: EBCDIC!"