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Comment Re:Something else entirely? (Score 1) 388

Focus in the message that is by far the important thing.

The message is extremely important, yes, but so is his conduct. That's what half the debate is about. He may be the mailman, but if he's opening the mail and delivering it deliberately to the wrong hands, the message itself is not the only relevant factor.

Comment Re:All I Have To Say Is (Score 1) 437

This isn't like software where you're not shipping some bits, or even if you ship them and selectively enable or disable. These are physically manufactured components. The parts have to be physically manufactured and installed.

This reminds me of the furore there is every time a game company releases day 1 DLC, sometimes included on the physical media no less (Bioshock 2, IIRC). In the latter case, this is pretty much directly analogous.

Look, you have to remember that, in a capitalist system, the question of physical presence is hardly the point: they charge a price, you decide if it's fair. If the cost of the base model is inflated, compared to the competition, due to the extra hardware, then just buy the competition instead. If the price is comparable, then how exactly is it skin off your nose if they include disabled extras?

TFS takes the right attitude, IMHO. What I see here is a convenient and instantaneous way to deliver extras, with very low time and money costs, if it is indeed feasible. I don't see what there is to dislike.

Comment Preliminary injunction (Score 1) 211

I guess it would take a litigator to notice this, but it's quite unusual that a preliminary injunction denial would be getting this kind of appellate attention.

In the first place, it was unusual for an interlocutory appeal to be granted from the denial of the preliminary injunction motion. In federal court usually you can only appeal from a final judgment.

Similarly, apart from the fact that it's always rare for a certiorari petition to be granted, it's especially tough where the appeal is not from a final judgment, but just from a preliminary injunction denial which does not dispose of the whole case.

Comment Re:"Minding" and caring about IP are different (Score 1) 185

I think one of the takeaways from the survey may be that formal intellectual property protection isn't always valuable to most businesses, even though intangible things like reputation may be very valuable.

You do realise that trademark protection exists with or without registration, right? Registration confers additional rights to your trademark, but even without registration, other businesses are not permitted to imitate you.

Therefore, even without taking the step of registration, there is still formal intellectual property protection, which the GP is correct in saying that businesses that trade on their reputation rely on. If a business wasn't able to have exclusivity over the name tied to their reputation, such a reputation would be very difficult to foster in the first place. It's easy to take things like the concept of a business's reputation for granted when we are so used to the idea of a trademark.

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