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Comment Probably a good idea (Score 1) 270

Since China has a penchant for surfacing their apparently undetectable submarines right in the middle of our naval battle groups, we have no reason to believe that we can detect the presence of their missile subs, nor do we have any reason to believe they don't have one or more parked off the mid-Atlantic coast.

Why our Nation's capital is still in such a vulnerable position is beyond me. A place like Omaha would be much better suited, since it's deep inland, and about the farthest you can get from the border of the continental US. It makes a sub-launched cruise missile or ICBM an untenable option for attacking the Nation's Capital.

Comment Re:Private school maybe, public no way (Score 1) 351

Almost every single taxpayer-funded public university in the entire country claims IP ownership of everything the students do that is accomplished using any campus resources, including dorms, computers, networks, telephone systems, libraries, professors, and other students.

In fact, at my alma mater, a waiver of rights and assignment of intellectual property contract is included IN THE APPLICATION for admission. By simply applying, you are agreeing to assign to them all creative works and inventions you might dream up from the date you matriculate until the date you graduate.

Comment Re:Expansion Boards Interfaces (Score 1) 140

It does not matter whether the user actually transmits. It is being marketed as a device capable of transmitting, and therefore it must be type accepted by the FCC (and before it is marketed for sale).

If it is incapable of transmitting, then it is incumbent upon the seller to at least include a statement of compliance saying that the device has been tested to comply with Part 15 rules for incidental radiators.

Comment Re:No mention of FCC certification? (Score 1) 140

That is correct. US Law requires anyone marketing an intentional radiator obtain FCC equipment authorization under Part 15, Subpart J of "the Rules," _before_ the device is marketed for sale.

There is an exception in 15.23 for home-built devices, but this project does not quality, as the exception in 15.23 only applies to home-built devices, and not those that are purchased in kit form.

Comment Re:Digital Licenses are not physical media (Score 1) 384

"The exclusive right to control distribution of a copy is exhausted on it's first sale."

The software is not being sold. It is being licensed. The doctrine of first sale only applies when something is sold.

I believe the court erred in this case, and grievously, since it made clear the fact that it does not understand the difference between licensing and selling.

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