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Comment Re:How is it even possible to innovate these days? (Score 2) 286

In the United States, there is no such thing as a "trade dress patent." Trade dress is a legal concept that is related to both trademark and design patents, but it is certainly not a type of patent.

As far as the rounded rectangle thing goes, look up D504889. All you need to do to violate that patent is make an "electronic device" that kinda looks like that (a flat rectangle with rounded edges), no need to involve trade dress at all.

Comment Re:What is going on at HP? (Score 1) 128

I cant help but think that HP are just stumbling around in the dark doing things at random in the hope that something pays off.

Choosing actions at random seems wiser than what HP are actually doing, as random actions have a non-zero probability of being beneficial. Instead, what HP seems to be doing is deliberately shooting themselves in the foot over and over again, in the hopes that more bullets will heal their injuries.

Comment Re:Another perspective (Score 3, Informative) 1218

How the fuck is this modded +4 informative?

The US Constitution - as amended - just prevents requiring you to belong to a particular religion to hold elected office.

What are you smoking? The establishment clause of the first amendment pretty clearly prohibits preference of one religion over another.

It doesn't prevent teaching about religions. In practice, the education system doesn't prevent this either in most cases. You only face resistance if you teach about the predominant religion. You can teach about Greek and Roman mythology, American Indian beliefs, Mayan beliefs, Inca beliefs, Egyptian beliefs, and certainly Muslim, Hindu, or other far Eastern beliefs of the modern age. You can talk some about Mormons and their trek west. Just label it cultural diversity training or lump it in with geography and you're golden. Just don't teach about Christianity or someone will get you fired.

That's an exaggeration - but not a very big one.

Uh, pretty much any high school curriculum for a European history class reads like fucking timeline of Christianity. You know, the late Roman empire and the Vatican, Martin Luther, the Anglican church, Puritans, and all that jazz?

Comment Re:No. People are stupid (Score 1) 210

Uh, never at any point do I mention race or even allude to it. Perhaps my post is classist or culturalist (Is that a word?) or something of that nature, but racist?

I am not saying that most of the plagiarizers are from developing nations and Westerners are some kind of shining paragon of virtue. Quite the opposite, in fact. I am saying that those who grew up with formal schooling usually know better, and should suffer the consequences. I only said I suspect most of the students who genuinely were unaware that what they were doing was contrary to the expectation of the assignment, if there are really many cases like that, are probably people who have had little formal education.

Comment Re:No. People are stupid (Score 1) 210

Amazingly, a lot of people don't know what plagiarism is. The think "write an essay" means the same thing as "copy from an encyclopedia". From TFA: "He said one student wrote him soon after he posted his letter and confessed to submitting a plagiarized essay, but the student said he had not realized that copying and pasting from other sources was wrong."

I think the problem lies in elementary school. Students are encouraged to copy texts (in order to learn writing) and they are simply never told that actual essays are supposed to be something that they invent themselves.

I suspect most of the students who genuinely did not realize they were plagiarizing were actually from developing nations with little in the way of formal schooling. I've met plenty of people who manage to morally justify or rationalize plagiarism in their own mind, but I've never met an American student in high school or college, no matter how academically shitty they may be, who ACTUALLY believed cutting and pasting essays was acceptable to their respective academic institution. They may have though it was justified, or "not a big deal," but they always made some kind of deliberate effort to avoid being caught. Any of these kids who gets caught and says "I didn't know it was wrong" is full of shit, and just trying to avoid the consequences.

A student from an entirely different culture in a developing nation, on the other hand, who may not have ever had to write an original essay at any point before being exposed to free online courses, may very well be completely unaware that they are committing an act of academic dishonesty.

Comment Re:When Egypt or Libya does it, it's bad, of cours (Score 2) 513

Effectively through an extension of drug law powers previously made constitutional by the massive expansion of government power granted the to government during FDR's threatening of the Court during his New Deal.

Uhm, what now? The only significant piece of drug policy I could find that came out of the FDR administration, The Marijuana Tax Act, was actually ruled UNconstitutional, despite being an exercise in taxing authority rather than drug law per se.

The Controlled Substances Act of 1970, the existing carte blanche for drug prohibition currently wielded by the federal government, was signed into law by President Nixon.

Comment Re:No software patents! (Score 4, Insightful) 372

If he "rips it off" then he is violating copyright protections. If he copies the look and feel of the software with the intent to deceive or confuse the customer, then there is probably a trademark violation. If he just duplicates the functionality of the software, well, that's just competition. Deal with it.

Comment Re:Courier Tablet (Score 2) 488

The Courier was seriously deep into "Shut up and take my money!" territory. Even if it was just a concept, the technology existed to make it happen. They could have named their own price and made Apple-style mountains of cash. Even now, there still isn't even anything on the horizon that is really comparable to what the Courier proposed to be.

Comment Re:Air conditioning? Open a window. (Score 3, Informative) 813

It's not critical to normal, healthy adults in a resting state, but when the heat index hits 105 to 130 F (40-55C), the sick, elderly, and those performing physical labor start dying. I'd wager that over 50% of the deaths attributed to this storm are due to heat-related illness.

Comment Re:People must be blind.. (Score 1) 498

I used the term "patent system" to refer specifically to the administration of patents, distinct from the USPTO. Just because a single office administers both systems does not mean that "patent system," "trademark system," and "USPTO" are interchangeable. Patent law and trademark law are related, but nonetheless distinct concepts.

I should also add that I realize that design patents DO exist in our broken patent system, but my point is that design patents do not address any legitimate issue not already handled by trademarks.

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