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

by SideshowBob (#37187192) Attached to: Samsung Cites <em>2001: A Space Odyssey</em> In Apple Patent Case

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

by SideshowBob (#37134378) Attached to: Judge Dismisses Google's Complaint Over Android Code Viewing

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

by SideshowBob (#36876450) Attached to: Gates: Not Much To Show For $5B Spent On Education

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

by SideshowBob (#36777332) Attached to: TSA Announces Pilot of Trusted Traveler Program

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

by SideshowBob (#36232170) Attached to: Major Release of Miro Aims to Compete With iTunes

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.

Top Ten Things Overheard At The ANSI C Draft Committee Meetings: (8) I'm on the committee and I *still* don't know what the hell #pragma is for.

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