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Comment: Re:Not the same, but tangentially related... (Score 2) 93

by reebmmm (#46791661) Attached to: How Nest and FitBit Might Spy On You For Cash

Insurance is a weird thing: it works because you pool a bunch of risk and spread the associated costs across all your insured. At the moment, Snapshot only gives discounts to those drivers that establish that they are in fact in the lowest risk pool: few miles driven, during "safe" times, in a "safe" manner (e.g., few hard stops). There's no incentive, currently, for otherwise safe drivers to participate -- such as those that drive too many miles.

However, I consider myself a safe driver but just have too many miles. Heck, I even have a dashcam (I don't live in Russia, either). But other than my clean driving record, I don't have any other driving behavior-based way to lower my risk profile or premium. I would LOVE if Progressive mandated Snapshot, increased rates of those that had poor overall driving techniques (fast acceleration, hard braking, etc.) and lowered the rates for the rest. People whose rates increased would likely flee Progressive, but the risk for the pool would go down (and with it my premiums). Mandated Snapshot won't happen of course for lots of non-obvious reasons, though.

Comment: Re:no troll defence here (Score 3, Informative) 52

by reebmmm (#46228955) Attached to: Open Source — the Last Patent Defense?

Not true. Not true at all. The Apache 2.0 license doesn't prevent a user of Apache-licensed software from suing. It's a defensive patent clause: it deprives the contributor of patent enforcement rights as it relates to a contribution, but allows them to sue a user for patent infringement if they're sued first. If a troll sues a "Contributor" for patent infringement, then the Contributor can sue the troll. So, a troll could use Apache all day long and sue Contributors all day long without a license violation.

3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

Similarly, GPLv3 has a patent license. It affects contributors and distributors, not "users."

11. Patents.
A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”.

A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

Comment: Re:no troll defence here (Score 2) 52

by reebmmm (#46228371) Attached to: Open Source — the Last Patent Defense?

Spot on. The linked article is ridiculous. The facts of the cases (both Jacobsen v. Katzer and Twin Peaks v. Red Hat) referenced as a use of a OSS license in defense of a patent infringement claim did not involve trolls and did not involve a defense to patent infringement. They had an independent copyright claim.

That's not a "tactic" and it's not reproducible defense. You might as well say, "if you want to defend against patent trolls, you should get a contract with the trolls that they'll breach." Or, "you can defend a patent case, if you catch the patent owner breaking into your house." Your lawyer is going to look for whatever leverage you might have against a troll. Thinking that an OSS license is much of a shield is foolish.

Comment: Re:Cool, and probably realistic, but... (Score 2) 90

by reebmmm (#45988597) Attached to: Google Announces Smart Contact Lens Project For Diabetics

Diabetic here. I would wear the contact lens in a heartbeat. The idea is that this device would replace the finger pricks, otherwise known as holes in skin. And when you repeatedly test on your fingers (6-10/day), that's a lot of holes and a lot of blood. There is risk for infections, scabs and blisters. And long time diabetics develop callouses on their fingers from testing which means that they need to poke deeper to get blood.

Plus the checking isn't really "constant." You have to periodically check during the day. That means that you can go high or go low between checks and perhaps not realize it until you have symptoms.

There are constant glucose monitors. Essentially a large pager you carry around that is connected to the body via an injection site. They're great. They measure changes in BS very well, but they're very limited in duration, insertions are painful, and the disposable bits are really expensive. You also need the finger sticks because (as far as I'm aware) few are accurate enough to give you the same level of accuracy.

Comment: Re:NSA denies everything (Score 4, Insightful) 394

by reebmmm (#45284055) Attached to: NSA Broke Into Links Between Google, Yahoo Datacenters

Here are my questions: why do they always talk about "authorization" when making denials? And why don't reporters call them out on it? This story is a classic example:

“NSA does collect information on terrorists and our national intelligence priorities but we are not authorized to go into a U.S. company’s servers and take data,” Alexander said.

That's great and all. But it's like a shoplifter saying, "sure I went into the store and looked around, but I wasn't authorized to take anything."

Comment: Re:Woohoo! (Score 4, Insightful) 130

by reebmmm (#44940949) Attached to: FDA Will Regulate Some Apps As Medical Devices

Why the fuck would you use a mobile app to control an IV pump?

The point is really two-fold. First, we already regulate medical devices like infusion pumps and radiology information systems. Under the proposed regime, one does not simply avoid regulatory scrutiny and obligations by offloading them to an app.

Second, if a app makes claims to do things things that would ordinarily be regulated, you don't escape the regulatory regime simply by saying, I'm just an iPhone app.

Both prongs make some sense if you accept the basic assumption that FDA regulation of devices makes sense at all.

Comment: Re:Cherry-picking (Score 2) 555

by reebmmm (#43720695) Attached to: N. Carolina May Ban Tesla Sales To Prevent "Unfair Competition"

Good thing that Tesla warrants it on unlimited mileage out to 8 years. (http://www.digitaltrends.com/cars/tesla-to-offer-eight-year-warranty-on-battery-pack/). Also, you can acquire the Tesla replacement battery packs for circa $12,000 (http://www.teslamotors.com/it_CH/forum/forums/battery-replacement-cost) today. Factor in that by the end of the 8 year warranty period, the cost will likely be lower, your argument holds no water.

Comment: Re:Preemptively Posting (Score 4, Informative) 121

As a T1D, I'll note that the GP didn't really comment on what it means to be a T2D. The characterization, however, is mostly true for an overwhelming majority of t2d, but completely false for t1d. T2D is controllable with diet and exercise alone in something like 80-90% of the T2D population. Weight and lifestyle factors make up an overwhelming percentage of the risk factors. And while there is clearly a genetic (usually associated with the likelihood that weight/lifestyle will give way to t2d, not that the genetics alone cause t2d) and medical condition component too, this is the clear minority.

Comment: Re:Better read up on what GitHub does impose... (Score 1) 320

by reebmmm (#42740183) Attached to: Pushing Back Against Licensing and the Permission Culture

I was about to say, saying "no license" doesn't make it freely available to anyone. It's quite exactly the opposite -- it's not usable by anyone. And it puts a taker in jeopardy since the materials contributed will (or may depending on the contribution) be copyright of the contributor automatically. Github's position for license-less contributions is the default rule.

Of course, someone making code available online may have zero desire to enforce that copyright. However, a subsequent user of that code cannot say that they own or have all rights necessary to distribute the code.

Comment: Re:First-to-file isn't a problem (Score 2) 183

by reebmmm (#41601757) Attached to: Microsoft Patents 1826 Choropleth Map Technique

Agreed. First-to-file is a bit of a misnomer. It's more like a first-inventor-to-file regime. If anything, the first-inventor-regime is actually more protective because it has an absolute novelty requirement. If someone else publishes before you file, you get nothing. You get no grace period over someone else publishing, using or marketing an invention -- you do get a grace period with respect to your own publication.

There is not going to be a rush to the patent office to file a patent on sex.

Patents

+ - Appeals court: You can infringe a patent even if you didn't do all the steps-> 1

Submitted by reebmmm
reebmmm (939463) writes "In a much anticipated patent law case, an en banc panel of the Federal Circuit overturned existing law and came out in favor a new rule for indirect infringement: you can still be liable for infringing even if no single person does all the infringement.

This case consolidated two different cases involving internet patents. In McKesson v. Epic, a lower court found that Epic did not infringe a patent about a patient portal because one of the steps was performed by the patient accessing the portal. In Akamai v. Limelight, the lower court found that Limelight did not infringe because its customers, not the company itself, tagged content.

This is likely headed for the Supreme Court."

Link to Original Source

Comment: Re:Just watch... (Score 2) 503

by reebmmm (#41103187) Attached to: Hurricane Could Make a Mess of Republican Convention

My post was written mostly with tongue firmly planted in cheek.

That said, the Republican party is hell-bent on running part of this race on the idea that individuals, not government, creates things. That the government does almost nothing -- other than defense -- right. Heck the whole theme of this convention goes directly to this: "We built this" (which gets singulars and plurals mixed up and makes Obama right, but that's irrelevant) by turning a truism about modern society on its head: nobody builds anything by themselves. Maybe Ted Kaczynski-types, but otherwise, every private endeavor is supported by millions of publicly financed goods.

I am not now, nor have I ever been, a member of the demigodic party. -- Dennis Ritchie

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