Comment Could it be nobody buys them? (Score 1) 31
Sony has this tendency to sell overpriced hardware. Could it be that nobody was buying Sony's SD cards?
Sony has this tendency to sell overpriced hardware. Could it be that nobody was buying Sony's SD cards?
I think they're arguing that they are the third thing, a message parlor.
Unions are a real-life strategy because they work. Divide-and-conquer is also a real-life strategy, because it works too.
Thus, I think the truth of your statement all depends on whether you look at this conflict between government and the the people, from the point of view of the attacker, vs the point of view of the defender.
Children do not have the maturity that is required for unfiltered access to the adult world
But they used to. In the 1980s, nobody dared to say in public, that 17-year-old me should not be allowed to visit public (or even university) (or even medical) libraries. (Or if someone did, they were still very obscure and unpopular, little more than a glimmer in the left's eye.)
If I may, could I narrow down which of these two things you think is best? First, there's exactly what you said above..
Kids have no right to use end-to-end encryption without parental consent
Kids have a right to use end-to-end encryption unless denied by a parent
Did I make it better, or did I make it worse?
Buy the S2 now, while they're still working through their existing backlog of stock.
I bought a PS5Pro when the word 'tariffs' was first dropped, and I'm glad I did.
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No matter how idiot-proof you make technology, God will always create a better idiot. That's why the right way to solve this problem is:
You don't like Time Machine? I have hourly backups on one drive, and daily backups on a drive I store in a different location.
I love Time Machine (except for how slow it is over SMB and how often the disk images corrupt themselves in ways that prevent future backups). Wish it existed on iOS and VisionOS.
Your no true Scotsman fallacy is showing you don't even know what a Scotsman looks like. Virtually 100% of patent holders sit on all their patents for the entire duration of the patent.
That's because virtually 100% of patent holders use their patents defensively.
waiting for the patented technology to be ingrained in the industry
Dolby actively used their patents and actively defended them. They created that technology and marketed it heavily. They didn't sit around and wait. Just because they make most of their money from licensing doesn't make them a patent troll any more than every university in the world is suddenly a patent troll by your definition.
You missed the part where they knowingly allowed a patent to become part of a published open standard and ignored it for an entire decade, *then* started going after violations.
Oh, actually, it's worse than that. Dolby acquired these patents from General Electric two years ago. So in this matter, they quite literally ARE patent trolls. They did nothing to create this technology, but rather bought the patents to enrich themselves by becoming a leech on the industry now that companies are abandoning their codecs in favor of codecs whose encoders don't involve royalties.
Yes, but using them offensively after sitting on them violates the doctrine of Laches.
This isn't offensive. By all accounts their licensed product has been taken without a license paid.
You obviously don't understand patent law terminology, so let me give you a refresher:
Suing multiple companies for violating a patent without getting sued first is the very definition of offensive use of a patent.
In effect, they sat on the patents so that people would end up depending on AV1
Congrats on falling into a vortex of ignorance. Headlines are fun to latch on to, especially useless ones likes Slashdot headlines. Dolby isn't suing Snapchat for AV1. Dolby is suing Snapchat for not paying HEVC license. AV1 is just caught up in as a listed example due to Snapchat's HEVC-AV1 transcoder being one of the infringing items on the docket.
Those are actually separate lawsuits. (See link above.) The AV1 lawsuit is suing to stop them from using AV1 and force them to use a Dolby-licensed codec. They're also suing a Chinese hardware maker over AV1 at the same time.
At this point, it would be entirely reasonable for a judge to declare that because they failed to act against AOMedia
That's not how the law works. AOMedia has infringed zero patents. You can't infringe a patent by creating an algorithm and publishing it online. If that were the case you may as well say the US Patent Office is infringing patents. Businesses using products infringe patents.
The hell you can't. Patent infringement occurs on creating an instance of an invention. The moment they create source code for the software (an instantiation of the patent), they have violated the patent. It doesn't have to be instantiated into hardware or used by a business to be a violation. The patent violations began when AOMedia distributed the first beta versions a decade ago. The original patent holder (GE) did not sue.
To be fair, the reference implementation may not have been directly created or distributed by AOMedia, in which case the same applies, but to whatever company actually created and distributed it. This is largely an unimportant detail.
Businesses using products *also* infringe patents, which IMO, is a bad thing, but that's a separate discussion.
they lost their right to sue AOMedia for damages in creating the patented technology
Literally no one is suing AOMedia.
You literally didn't understand what I said.
Patent exhaustion occurs when a product is sold by someone who has the right to sell something that violates a patent, which typically means that either they own the patent or they paid licensing fees. It prevents someone from then suing downstream customers. And there is a six-year statute of limitations on suing over a patent violation. What I'm arguing is that:
This is a legal theory. To my knowledge, it has never been tested in court, largely because companies do not do what Dolby is doing, suing companies for using open source reference implementations or their derivatives nearly a decade after their release. And it should be clear that this theory applies only to patents in the context of software.
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No matter how idiot-proof you make technology, God will always create a better idiot. That's why the right way to solve this problem is:
But IMO, the most important one is that last one. We would be a lot better off if the right to a speedy trial were taken seriously. If a year or more passes between committing a crime and being prosecuted, the threat of prosecution ceases to be a meaningful deterrent to crime.
If I were in charge, there would be two nationwide statutes of limitations added that apply to all crimes:
* I'm willing to consider arguments that these numbers should be slightly higher, but not dramatically so.
If legitimate extenuating circumstances outside the control of prosecution warrant a delay (e.g. the defendant being impossible to locate or in another country), a judge could order the statute of limitations tolled. But otherwise, the only exceptions should be in situations where a mistrial or similar forces a new trial (which obviously starts more than 30 days after the initial charges are filed). And even for a retrial, there should be a hard limit of maybe 90 days from the end of the previous trial or thereabouts.
This would result in a very large number of cases not getting prosecuted, but by forcing the prosecution to triage cases and bring important cases quickly, it would ensure that fear of being brought to justice would be a real deterrent to committing crimes. Right now, it is not. Good people don't (intentionally) commit crimes, because they have morality and ethics. Bad people do, because they have neither. Almost nobody avoids doing crime merely out of fear of punishment, and that's a bad thing.
Errr no, they very much do make technology. Quite a bit of it actually. Lots of what is marketed under Dolby Vision and Dolby Audio was developed by themselves and they spend a quarter of a billion dollar every year on R&D. Heck even the noise cancelling ability in video conferencing software along with music detection was largely developed by Dolby.
I would still consider them patent trolls at this point. Legitimate patent holders use patents immediately or hold them to use defensively. They do not sit on patents for an entire decade, waiting for the patented technology to be ingrained in the industry, and then use them to earn income. The patent having been created in-house rather than acquired doesn't change the fact that the behavior is fundamentally similar.
Just because you don't see their products on the shelves at Best Buy doesn't mean they don't make those either. They produce reference monitors for colour grading Dolby Vision content, they have an entire line of cinema audio speakers, and they make the rest of the cinema audio stack as well as a first party product, including multichannel amplifiers and audio pre-processors for Atmos content - a codec they also developed from the ground up.
Dolby Atmos was 2012. Dolby Vision was 2014. How are they not basically a non-practicing entity at this point?
The fact they sit on a bunch of related patents is just the nature of any R&D development.
Yes, but using them offensively after sitting on them violates the doctrine of Laches. In effect, they sat on the patents so that people would end up depending on AV1, because if they sued too early, AOMedia would have designed around the patent, and they would get nothing. So they deliberately delayed action to cause prejudice to the defendant.
At this point, it would be entirely reasonable for a judge to declare that because they failed to act against AOMedia within the 6-year window prescribed by patent law, they lost their right to sue AOMedia for damages in creating the patented technology, and that patent exhaustion applies to all downstream users. And if that happens, I will laugh so hard.
Imagine your little startup patents something and is egregious copied by a large, rich company. If the startup doesn't immediately have the funds to sue, the other company just gets to use the tech without the patent with no consequences. Seems unfair.
Dolby is not a startup. It was founded in 1965.
Also, the doctrine of Laches says you cannot unreasonably delay filing a lawsuit. Waiting ten years from the first release of the specification is clearly unreasonable. Waiting eight years from the first finished implementation is clearly unreasonable.
The bigger problem for Dolby is that patent law won't let you recover damages at all for damages more than six years ago, and the standard has been available for eight. So unless somehow this is some wacky patent where Dolby claims that some use of an otherwise non-patent-protected codec is patented (which should almost certainly result in that patent getting overturned for obviousness), Dolby should be laughed out of court.
But I'm sure they're hoping that Snapchat caves and agrees to go back to a Dolby codec or pay them royalties rather than fight them in court. This is patent troll behavior. Dolby has effectively become a patent troll, IMO.
Unfortunately, from a legal point of view, AOMedia hasn't done anything against Dolby. It's simply created a video compression codec. It doesn't use the codec, it just publishes documentation on how to use it.
From a patent law point of view, it is illegal to create something that violates a patent, not just to use it. Patent law kicks in when you create, offer for sale, sell, import, or otherwise distribute a patented invention.
IMO, one of the biggest flaws in patent law is that it covers the use of inventions in all cases except for patent exhaustion (sale of an already-licensed product). With the exception of pure process patents, IMO, that should not be a violation, as a user has no realistic way of knowing that something they bought violates someone else's patent, and should not even need to worry about such nonsense.
This "feature" of patent law exists solely to give the patent holder more leverage to screw the company accused of violating the patent by holding their innocently infringing customers liable, causing irreparable reputational damage to both companies, irreparable harm to countless others, etc., and it should have been eliminated decades ago.
That said, having seen this behavior by Dolby, I hereby vow to never knowingly buy any product that they manufacture, nor support their products or technology, nor use it except in situations where the content creator or distributor leaves me no alternative. They've gone from being a legitimate technology company to a glorified patent troll. Instead of innovating and making the world better to enrich themselves, they are suing anybody and everybody and making the world worse to enrich themselves.
Moreover, absent gross incompetence by Dolby's legal counsel, it seems clear that Dolby flagrantly and willfully violated the doctrine of Laches to allow damages to accumulate for eight full years from the final release (and ten years from the first specification release), thus allowing AV1 to become the dominant codec so that they could then predatorily use their patents to squeeze money out of the industry. Their behavior is nothing short of unconscionable, and whether due to incompetence or malice, their legal counsel should be formally sanctioned for it.
Finally, if Dolby wins, it is paramount that the entire technology industry agree to never license *any* future Dolby technologies going forwards, because doing so will only encourage them to use the patent system to prevent free and open standards. The only way to prevent patent abuse is to stop feeding the companies that abuse patents.
It is my fundamental believe that data formats should not be allowed to be protected by copyright or patents under any circumstances, because doing so fundamentally violates the rights of the owners and creators of that content. It makes it so that users can potentially lose access to data that they created. And this is wholly unacceptable for the same reason that renting software is unacceptable.
In short, Dolby and its lawyers can go f**k themselves with a shovel.
I think what he meant to say, is that if Lewinsky had been a decade younger (12 instead of 22), then nothing would have happened.
"Now this is a totally brain damaged algorithm. Gag me with a smurfette." -- P. Buhr, Computer Science 354