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Comment Re:No precedential force (Score 1) 775

It should also be noted that Costco only loses this particular defense. The case now resumes back in the District Circuit, where Costco can raise other defenses to Omega's claims. Any of those other defenses could potentially save them, but of course the District Court's rulings on whether those defenses may be used can be appealed to the Ninth Circuit and potentially the Supreme Court again.

And once all of these preliminary matters have been heard, then the actual trial will begin, and whichever side loses can appeal the decision in the case up to the Circuit Court, and even the Supreme Court.

davidh
Communications

Did an Apple Engineer Invent FB Messages In 2003? 128

theodp writes "Q. How many Facebook engineers does it take in 2010 to duplicate a lone Apple engineer's 2003 effort? A. 15! On Nov. 15th, Facebook CEO Mark Zuckerberg introduced Facebook Messages, which uses whatever method of communication is appropriate at the time — e.g., email, IM, SMS. A day later, ex-Apple software engineer Jens Alfke was granted a patent for his 2003 invention of a Method and apparatus for processing electronic messages, which — you guessed it — employs the most appropriate messaging method — e.g., email, IM, SMS — for the job. Citing Apple's lack of passion for social software, Alfke left Apple in 2008. After a layover at Google, Alfke landed at startup Rockmelt, whose still-in-beta 'social web browser' also sports a pretty nifty communications platform."
Space

Saturn's Rings Formed From Large Moon Destruction 115

Matt_dk writes "The formation of Saturn's rings has been one of the classical if not eternal questions in astronomy. But one researcher has provided a provocative new theory to answer that question. Robin Canup from the Southwest Research Institute has uncovered evidence that the rings came from a large, Titan-sized moon that was destroyed as it spiraled into a young Saturn."
Lord of the Rings

Unions Urging Actors Not To Work On Hobbit Movie 576

lbalbalba writes "Last we heard about The Hobbit, Guillermo Del Toro dropped out, Peter Jackson was unofficially directing and secretly auditioning actors, the movie had yet to be green-lit, and Ian McKellen was getting super-antsy about the whole thing and threatening not to play Gandalf. This shouldn't help the long-gestating movie happen any quicker: Actors guilds including SAG issued actual alerts yesterday against working on any of the Hobbit films, advising their members not to take parts in the non-union production, should they be offered them."

Submission + - DHS Requires Your Travel Plans 72 Hours in Advance (aa.com) 9

corbettw writes: "I haven't seen this anywhere yet. I got an email from American Airlines detailing a new requirement imposed on them by the Department of Homeland Security. Starting November 1, all passengers in the US will have to submit their personal information (including full name, date of birth, and gender) to DHS, through their airline or travel agent, at least 72 hours in advance. This means you can no longer fly anywhere in the US with less than three-days notice. Did your mother have a stroke and you have to rush to be by her side? Too bad. What about that client two states over who needs some facetime or else they'll bolt to your competitor? Kiss them good-bye. Or do you just want to go to Vegas and have a wild weekend on the spur of the moment? Well, maybe next weekend, instead. Don't you feel so much safer now?"
Communications

New Email Worm Squirming Through Windows Users' Inboxes 473

Trailrunner7 writes "There appears to be an actual email worm in circulation right now, using the tried-and-true infection method of sending emails containing malicious executables to all of the names in a user's email address book. The worm arrives via emails with the subject line 'Here You Have' or something similar, and the messages contain a link to a site that will download a malicious file to the victim's PC. The malware then drops itself into the Windows directory with a file name of CSRSS.EXE, which is identical to a legitimate Windows file. From there, it's 2001 all over again, as the worm attempts to mail itself to all of the contacts in the victim's Outlook address book."
Google

Submission + - Google Wave to Live On as 'Wave in a Box' (infoworld.com)

snydeq writes: "Google Wave will morph into an application bundle for real-time collaboration, according to a blog post by Google Wave engineer Alex North. 'We will expand upon the 200K lines of code we've already open sourced (detailed at waveprotocol.org) to flesh out the existing example Wave server and Web client into a more complete application or "Wave in a Box,"' North said, adding that the future of the recently flat-lined Google service will be 'defined by your contributions. We hope this project will help the Wave developer community continue to grow and evolve,' he said."
Be

Submission + - 500K Text Messages Reveal Nation's Mood on 9/11 (pbs.org)

tcd004 writes: The PBS NewsHour reports that German researchers analyzed 500,000 text messages sent on Sept. 11, 2001, and created an hour-by-hour psychological profile Americans on that day. The pager text messages, which were posted to Wikileaks in 2009, were analyzed for words that correlated to sadness, anxiety and anger. The results show that words related to anger dominated communications as the day wore on. The study was published in the Journal of Psychological Science.
Idle

Submission + - Cheerleader Wins Libel Suit... By Suing Wrong Site (techdirt.com)

An anonymous reader writes: It appears that Cincinnati Bengals cheerleader Sarah Jones and her lawyer were so upset by a comment on the site TheDirty.com that they missed the "y" at the end of the name. Instead, they sued the owner of TheDirt.com, whose owner didn't respond to the lawsuit. The end result was a judge awarding $11 million, in part because of the failure to respond. Now, both the owners of TheDirty.com and TheDirt.com are complaining that they're being wrongfully written about in the press — one for not having had any content about Sarah Jones but being told it needs to pay $11 million, and the other for having the content and having the press say it lost a lawsuit, even though no lawsuit was ever actually filed against it.
Education

Bill Gates Enrolls His Kids In Khan Academy 286

theodp writes "At some schools, a teaching load of five courses every academic year is considered excessive. But Sal Khan, as an earlier Slashdot post noted, manages to deliver his mini-lectures an average of 70,000 times a day. BusinessWeek reports that Khan Academy has a new fan in Bill Gates, who's been singing and tweeting the praises of the free-as-in-beer website. 'This guy is amazing,' Gates wrote. 'It is awesome how much he has done with very little in the way of resources.' Gates and his 11-year-old son have been soaking up videos, from algebra to biology. And at the Aspen Ideas Festival in front of 2,000 people, Gates gave Khan a shout-out, touting the 'unbelievable' Khan Academy tutorials that 'I've been using with my kids.'"
IBM

Submission + - IBM Sued by Rambus (zacks.com)

rexjoec writes: International Business Machines Corp. (IBM) was sued by chip designer Rambus Inc. challenging the ruling given by the U.S Patent and Trademark Office in favor of IBM in a patent infringement case.

Submission + - Election Observer Claims E-Voting Felony In AZ (techdirt.com) 2

An anonymous reader writes: Jim Marsh, while observing the process by which mail-in votes are counted in Maricopa County, Arizona, says that he spotted a clear felony, in that an employee from Sequoia Voting Systems, had hooked up his internet connected laptop directly to the central tabulator machine via an ethernet cord. As Marsh notes: "By law, the central tabulator system on what's supposed to be an isolated local network is completely unpatched — it's not allowed to be modified in any way since the day it shipped in 2006 or 2007. Even if the Sequoia tech didn't cross-connect the cellmodem to the Ethernet (and both appeared to be live), he could have easily "pwned" the "secure" systems with any number of ancient script-kiddy exploits."

Submission + - GPS Tracking Without a Warrant Declared Legal (yahoo.com) 2

jnaujok writes: The Ninth Circuit court has declared that attaching a GPS tracker to your car, as it sits in your driveway, or, by extension on a public street, and then using it to monitor every one of your movements, is totally legal, and can be performed by the police without needing a warrant. So, if you live in the Western United States, big brother has arrived.

Submission + - Wikileaks releases CIA document (wikileaks.org)

Somewhat Delirious writes: Wikileaks has just released a document from the CIA which expresses worries that the perception of the United States as an exporter of terrorism may lead to barriers to extrajudicial judicial activities of the American intelligence services abroad: "If the US were seen as an exporter of terrorism, foreign partners may be less willing to cooperate with the United States on extrajudicial activities, including detention, transfer, and interrogation of suspects in third party countries."

It also shows how the US forces other countries into bilateral agreements to insure immunity for US citizens from International Criminal Court prosecutions: "Foreign perception of the US as an “exporter of terrorism” also raises difficult legal issues
for the US, its foreign allies, and international institutions. To date, the US is not a signatory to the International Criminal Court (ICC) and instead, has pursued Bilateral Immunity Agreements (BIAs) with other countries to ensure immunity for US nationals from ICC prosecution. The US has threatened to terminate economic aid and withdraw military assistance with countries that do not accede to BIAs."

Image

China's Nine-Day Traffic Jam Tops 62 Miles Screenshot-sm 198

A traffic jam on the Beijing-Tibet expressway has now entered its ninth day and has grown to over 62 miles in length. This mother-of-all delays has even spawned its own micro-economy of local merchants selling water and food at inflated prices to stranded drivers. Can you imagine how infuriating it must be to see someone leave their blinker on for 9 days?

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