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Comment Re:legal analogy (Score 1) 525

Lying by omission is NOT lying... If someone intentionally leaves out parts that may alter your impressions and choices regarding it with intent to do so, that's part of persuasion, but it's still not lying.

(I am not a lawyer)

try doing that in a trial; both the judge and the other side's lawyers will/should take issue with it. The judge would represent some standard of neutrality/fairness, the other lawyers would represent an opposite bias. Both are ways to deal with bias.

I am a lawyer. Where most people talk about lying, we lawyers tend to use the terms "fraud" and "deception". Intentionally leaving something out to give a false impression is just as much fraud and deception as saying something that is flat-out false. Lawyers that are party to such conduct can lose their right to practice law.

The only exception to that is giving an answer to a direct question that does not seek the additional information - if the question has a "yes" or "no" answer, you can give that answer without further clarification. Of course you cannot normally ask such direct ("leading") questions of your own witness.

Comment A few facts (Score 1) 196

This article is a mess, so I doubt this will be heard above the noise, but I'll try anyway.
  1. There is nothing new or surprising in this. Copyright covers the instructions in the code, not the functionality. While it shouldn't have needed to be stated explicitly, it does go back to the Apple look and feel suits in the late 80s.
  2. As others have pointed out, copyrights and patents are not the same thing.
  3. While this is a non-binding Advocate-General opinion, most of the time the ECJ adopts the Advocate-General opinion.
  4. This opinion is in the "duh" category. Nothing interesting or newsworthy here whatsoever.

IAAL, but probably not your lawyer.

Comment Re:Double standards and people (Score 1) 223

sometimes I'm surprised at what makes it.

Then you're probably not an "inventor" of the thing, let alone "the original inventor", and are probably signing a false declaration (punishable by imprisonment) if you sign the patent as an inventor, and you have a positive obligation (even if you don't sign) to tell the PTO everything you know that might invalidate the patent. See 37 FCR 1.57 and 1.63.

Any contrary direction by your employer is unlawful and of no effect.

Given the piss-poor quality of American software patent applications, these obligations are blatantly ignored in the vast majority of applications.

Comment Re:Double standards and people (Score 1) 223

I would say most types of behavior we would call 'evil' stems from lack of empathy rather than just plain ignorance.

Not true. Most people with a complete lack of empathy constrain their behaviour for rational reasons. In fact high-empathy people without that rational self-control can be far more dangerous to people who are not close to them, than somebody who lacks empathy.

Comment Re:Not-a-concept (Score 1) 662

Technically we never stop accelerating. The consequences of ceasing to accelerate, given our velocity (with respect to the point at around the centre of the earth) of around 230 metres per second at the equator, would be rather unfortunate. Even if you were standing precisely on one of the poles, bits of you would be accelerating in different directions. Then there's the roughly 15,000 metres per second with respect to the centre of the Sun. Then there's the roughly 220,000 metres per second with respect to the centre of the galaxy. Which is just one of the reasons a certain automobile manufacturer had to concede that gravity is rather important.

Comment Bullshit (Score 1) 197

Google is as much into patenting stuff as anybody else. They aproached me a few years ago to join. When I told them I would only do so if I had a term in my contract saying I had no obligation to assist in obtaining any software patents, they said they could not do that because they have a policy of protecting their developments with patents. I wasn't prepared to compromise my ethcs that much, so now I'm a lawyer. The pay's lower, but at least I have my self-respect.

Submission + - Australian Government encourages open source 1

TekPolitik writes: As if in apology to the recent decision to endorse the Microsoft based XML document formats within government, the Australian Government has today released a policy requiring government departments to consider open source. The policy sets out 3 principles:
  1. Australian Government ICT procurement processes must actively and fairly consider all types of available software.
  2. Australian Government ICT procurement processes must actively and fairly consider all types of available software.
  3. Australian Government agencies will actively participate in open source software communities and contribute back where appropriate.
Microsoft

Submission + - Xbox Live Labels Autistic Boy "Cheater" (q13fox.com)

Jellis55 writes: Jennifer Zdenek, the mother of an 11-year-old boy who lives with autism, is outraged at Microsoft Xbox Live for labeling her son a "cheater" and taking away everything he's earned online. She says her son, Julias Jackson, is so good at playing X-Box games, Xbox LIVE thought he cheated. She says her son got online last week to play Xbox LIVE and saw that he was labeled a cheater and had zero "achievements." Microsoft continues to ignore her requests to take "cheater" off of his account.
Government

Submission + - What to ask Congressman regarding Net Neutrality? (bluecollarmuse.com) 1

SonicSpike writes: I have the opportunity to participate in a conference call with a local Congresswoman who has sponsored legislation to restrict the FCC from arbitrarily mandating any form of Net Neutrality. Please list some ideas of intelligent questions to the Congresswoman that can be asked during this conference call .
Businesses

Submission + - Intel gets EU approval to takeover McAfee (bbc.co.uk)

An anonymous reader writes: The deal has already been cleared by US regulators, no surprise there. The European Commission's approval is conditional upon Intel making its products compatible with software from rival firms. PC security is a growth sector with threats from viruses and malware always on the rise. The takeover deal will cost the chip maker $7.68bn (£4.8bn).

Submission + - Swedish ISPs to thwart EU data retention law (google.com)

aaardwark writes: After a leaked document from department of justice has shown police will be able to demand extensive private information for minor offences, some Swedish ISPs have decided to fight back. By routing all traffic through VPN, they plan to make the gathered data pointless. ISP Bahnhof says they will give you the option to opt out of VPN, but giving up your privacy will cost extra.

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