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Comment trade dress and/or design patent (Score 1) 432 432

Trademark - a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

Trade dress - characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.

Design patent - a patent granted on the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers (see Fig. 1) and computer icons are examples of objects that are covered by design patents.

Trademark is the least correct of the three in this case.

Comment Re:No standing? (Score 1) 87 87

Then they should stop calling it open.

Here is the source to most of OS X (including the most recent version which was released mere weeks ago:) http://www.opensource.apple.com/

The AOSP is no more open than, and in some ways arguably more closed than Apple's OS, and yet Google is somehow the darling of the open source world.

Comment Vouchers fix nothing (Score 1) 496 496

Vouchers are equivalent to dismantling public education. Since every family will have a voucher worth $X the school with the best reputation will simply charge $2X. The well off parents will put their kids in that school, leaving the not so well off and poor for the bad schools. You may as well have not bothered with the vouchers in the first place. Not to mention that I want no part of a system that takes my tax dollars and sends them to religious schools that fill kids' heads up with dogmatic nonsense.

The goal of public education is not to reinforce the societal class system. It's not even to 'train' kids for their 'careers'. The goal of public education is to help democracy by ensuring a well informed citizenry. It's failing at that objective but that *is* the objective. Dismantling public education would guarantee failure indefinitely.

Comment No standing (Score 2) 388 388

Unfortunately it isn't you whose rights are being violated because you don't have a constitutionally guaranteed right to fly on Delta's or American's planes. It is they whose rights are being abridged by the government making it mandatory on them to require that their passengers be screened by the TSA. And they aren't likely to sue to defend their rights. What we need is some airline to step up and refuse the TSA and then challenge it all the way up when they get shut down for it.

Comment Re:Not going to work (Score 1) 201 201

It's interesting that you chose those 2 examples because I would assert that their success is due to similar reasons. They both benefitted by filling a void neglected by the top competitor. In Firefox's case Microsoft had allowed IE to languish. In Android's case Apple was stuck in an exclusivity deal with AT&T and Android was something that the other networks could run against the iPhone.

Comment Re:Naming of OOXML a really dirty trick by MS (Score -1, Troll) 317 317

It's as open as WebM (arguably more open - it's been accepted by a standards body), yet WebM is praised up and down Slashdot precisely for its supposed openness.

Could you define the word "open" so that it only applies to WebM and not OOXML?

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