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Comment: Programmers don't read patents. (Score 1) 116

Doesn't matter because programmers don't read patents anyway. Software patents are ignored. The only finanical implications is less work for patent lawyers. The patent office rubber stamps these patents because going through the prior art would be impossible. (Every app published on the app stores is potential prior art. There are over 300,000 programmers producing new prior art every day)

Comment: Re:I can't wait to see this battle (Score 1) 711

by ZombieBraintrust (#43752537) Attached to: Google Demands Microsoft Pull YouTube App For WP8
Several exclusive rights typically attach to the holder of a copyright:
* to produce copies or reproductions of the work and to sell those copies
* to create derivative works (works that adapt the original work)

If the app allows you to download and save then it is making a copy.
If the app doesn't display the ads then it is making a derivative work.
Fair use may allow a person who owns a copy to make copies for backup. But that doesn't extend to people who don't own a copy.
Fair use may also allow an individual to block ads.(low chance on this) Microsoft blocking ads for you by default so they can sell more phones is not fair use.

Comment: Re:I can't wait to see this battle (Score 2) 711

by ZombieBraintrust (#43740191) Attached to: Google Demands Microsoft Pull YouTube App For WP8
The TOS is the only thing that would give them a license to distribute Youtube videos through an app. The default state in no right to use the content. Just because I have never red the GPL doesn't mean I can violate open source licensing. I can't just go into a farmers field and start taking food either.

Comment: Re:Apple need to do no evil (Score 1) 191

They broke a monopoly, which is not only legal, but generally considered beneficial.

They did not break a monopoly. Amazon was already loosing share to B&N prior to the Agency model.

They used an existing model, which is legal.

Just because something is existing doesn't make it legal. ITunes is probably also illegal. That is why Apple is fighting this.

So what did they do wrong?

They raised prices. Anti Trust laws are about keeping prices low.

Comment: Re:Think of the Children (Score 1) 191

Apple may not have had a monopoly but the Publishers combined did. Apple is accused of creating a monopoly by forming a trust between the Publishers. At the time Apple also had an monopoly with the IPad. For several years they were the only tablet that people purchased.

Comment: Re:But Amazon is of course a saint (Score 3, Informative) 191

Amazon "dominance" was totally a result of them converting their existing physical book customers into digital customers. They were doing this years before Apple even put out the IPad. B&N, and Kobo were also late. They were out there with only Sony as a competitor. So they had 90% share when it was them vrs Sony. Sony didn't have a huge website with millions of book sales. So of course Sony was clobbered. When Amazon main physical book rival B&N came out with the Nook their share went down. Then the Apple launched IBooks and prices went up on best sellers. Then their was the lawsuit. Then prices went down.

Comment: Re:Except its not. (Score 2) 191

Amazon didn't lose share because of Apple. If they had Apple would have gained 40%. But instead B&N gained 20% and Apple, Sony, and Kobo split the rest. As the market grew other companies picked up customers. Nothing to do the price fixing Apple was involved in.

Comment: Re:Except its not. (Score 3, Insightful) 191

90% is not really a valid number. Amazon had 90% market share because they had no competition. B&N and Borders didn't even have an ereader for a several years. Apple came in 5 years too late. Amazon never had a true monopoly. Of course Amazon lost share once others entered the market. And while they lost share they didn't lose customers. There were still growing like hell converting their customers from physical to digital.

Comment: Re:Is it bribery? (Score 1) 311

by ZombieBraintrust (#43714417) Attached to: Did Internet Sales Tax Backers Bribe Congress? (Video)
It also matters in how the money is spent. Money given to a politician must be spent on his election. If every penny is spent then the only thing the politician gained was the salary of the office he will hold. It is bribery if the giver builds the politician a house. It is bribery if the money is used to pay blackmail to a mistress.

The only cultural advantage LA has over NY is that you can make a right turn on a red light. -- Woody Allen

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