I say this in jest ..... I change the word somebody to everybody :-)
There was another recent case that went all the way to the Aussie High court. One of our favorite 80's bands - Men At Work - got done for 'infringing' a very old folk rhyme - The Kookaburra Sits In The Old Gum Tree - in one of their songs. Though on re-listening to both, I can't for the life of me hear the resemblance. I think it's a case of good sounding music hitting or converging on similar formulae, and of music promoters being hung by their own copyright petard.
In your case quoted I reckon it will be an own goal for the music industry. Not that they will see it that way. Certainly history will look back on the 'Sony Years', for want of a better moniker, and find a watershed around about now. The days of Fantastic Black Plastic are over .....
Cheers, Mike.
( edit ) My youngest son is just starting a tertiary level computing course and has been 'inducted'. This includes a discussion of plagiarism et al, and so it should. However it seems for some purposes to depend on the degree of granularity of a problem. So one can't be done for using a for-loop. But if one is asked to find the efficient solutions for all/most data sets in sorting and searching - one is likely to come up with, de-novo, things like binary searches, bubble sorts and the like. The problem space just begs that. However a whole trail of constructs of nature closely resembling some-one else's work is pro-tem plagiarism. One is still left with the worry of 'great minds thinking alike' or 'fools never differing' for certain project specifications being left unanswered. Shades of Amazon's One Click ?? :-)
( edit ) So being an annoying father I asked the question on the open day - if deemed to be plagiarism where does the burden of proof lie? Guilty til innocent, eh?? :-)
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
( edit ) So being an annoying father I asked the question on the open day - if deemed to be plagiarism where does the burden of proof lie? Guilty til innocent, eh?? :-)
Well you take the case to Marshell Texas, where they turned patent litigation into a cottage industry. It all about economy of scale..:-)
Its changed a little bit since 2006 in that a company need to provide reasons for filing in Texas. One is that a plaintiff has residence. But what the patent trolls do is set up a shell corporation before filing.
The rather disturbing part is the aspects clearly unrelated to the case merits, if I read the article correctly, like local lawyers 'knowing' the local jurors better and such. Isn't there a red flag waving here? Surely industries will go offshore if judged by parochial factors, and common business sense deems reducing such risk by emigrating out of range entirely. Live, work and die in another country altogether. Wasn't patent holding meant to reward innovation as opposed to prevention of manufacture? Ought there not be an 'activity test' to qualify those that seek to keep a patent? Is this simply yet another way of bleeding productive enterprises to death by legal means - personal liability ( where did the doctors go ? ), product liability ( who makes your shoes now ? ) and here patent liability ( who is launching rockets into space today ? ).
Cheers, Mike.
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
Thank you all for those thoughtful comments about Einstein and, those theories. But, do we think about "if Albert ever questioned how come about intelligence?".
The US Patent system is broken and has been for while.. Everybody knows it.. They try to introduce legislation but that broken too, because of lobbying, which results in, not whats best for the common good, but self interest for some powerful corporations.
The US Patent system is broken and has been for while.. Everybody knows it.. They try to introduce legislation but that broken too, because of lobbying, which results in, not whats best for the common good, but self interest for some powerful corporations.
Well written and referenced article. The legislation looks like a committee camel though.
The 'first to invent' vs 'first to file' aspect is very reminiscent of Newton & Leibniz regarding calculus. Newton was certainly the first to think of it ( measured at least by writing it down ) but kept it a secret for several decades. In the meantime Leibniz developed an equivalent formulation ( and some would say with a superior notation ) that was definitely published first. Politics and mutual distrust led to an acrimonious debate ..... see the excellent book The Calculus Wars for the ins and outs on this.
In the field of astronomy 'discovery' more or less equates to who mentioned it first in public. So with Uranus or George's Star it was actually seen many times prior to it's recognition as a planet ( as opposed to star, comet, nebula etc ). A particular lesson was 'how well do you know your local observer'. The French got on better with their telescope people than the English did with theirs. See The Georgian Star for a neat summary of this and the Herschel siblings. I recall that SN1987A was caught quick slick by virtually the first observatory to be hit by it's light, literally as the Earth turned. [ I remember seeing it myself that night about 3am, but I was very tired, and I told only my wife .... in any case South America is to the east of Australia :-) :-) ]
Interesting behaviours also came out with the inventors of the transistor ( John Bardeen, William Brattain and Walter Shockley ), with a certain dynamic between those that supervise vs those that experiment. [ Gee, I put that politely!! :-) ] See Crystal Fire for a good story, and an interesting tute on semiconductor physics.
As for the whole Presper Eckert, John Mauchly, University of Pennsylvania, Honywell v Sperry Rand, John Atanasoff , John von Neumann and ENIAC thing : go figure! :-) See ENIAC for a cogent attempt to explain it all.
DownUnda our Reserve Bank, or a mob related to them, has got a patent on 'plastic banknote' technology. Various licenses issued world-wide to many nations, notably not to the US though - 'not invented here' alas. One can always come up with an unforge-able currency : the trick is to do so economically in scale. The process involves a five-story 'bubble' or tube of plastic film to produce exact specifications. Can't do that in the back yard ....
Cheers, Mike.
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
.... not disclosing the payments during his testimony, and called his explanation for not revealing the cash – that he was never asked directly about his business relationship ....
Worldwide and throughout time, on/in how many scenarios could you insert the section between the above ellipses and get a truthful and accurate statement ? What? He forgot the odd quarter million? Of course that wouldn't have been a bribe would it? So wow, that makes for expensive "cups of coffee". I don't see why they're bothering to appeal to his sense of honor. :-)
Cheers, Mike.
( edit ) Our bushfire Royal Commission is gradually creaking to a stop, having missed most of what mattered simply by excluding virtually all personal testimonies and eyewitness reports. A real fee-fest for consultants, experts and Professors of Whatever. But one can't be disappointed if one doesn't anticipate. The real work for any future gain/lessons will have to be done in other forums ( my prime guess is the Coroner's Court ). One ultimately immaterial ( ie. probably wouldn't have made much difference ) but noteworthy finding was that the various emergency services heads didn't actually consult each other what-so-ever on the day. Apparently each thought the other was in charge, but none picked up the phone to any other to define that. Heaven forbid they should take a long distance car trip together, they'd all be in the backseat with no-one driving. The then police chief has lied under oath about where she was, and has since lied about the lie too ....
( edit ) I might add that the Coroner has far greater powers, when investigating the cause(s) of death(s). Also far greater penalties to apply if you try to BS ..... and the lawyers can't even tie their shoelaces without permission when dealing with the Coroner. It's just my kind of court - The Inquisition!! :-)
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
A valuable NG) Geo
)
A valuable NG)
Geo Hazards International
There are some who can live without wild things and some who cannot. - Aldo Leopold
I say this in jest..:-)
)
I say this in jest..:-) because I was here before..
I think somebody needs a laxative..
Law & Disorder
edit From reading the comments... I change the word somebody to everybody :-)
__________
By the way my favourite show..:-)
There are some who can live without wild things and some who cannot. - Aldo Leopold
RE: I say this in jest
)
There was another recent case that went all the way to the Aussie High court. One of our favorite 80's bands - Men At Work - got done for 'infringing' a very old folk rhyme - The Kookaburra Sits In The Old Gum Tree - in one of their songs. Though on re-listening to both, I can't for the life of me hear the resemblance. I think it's a case of good sounding music hitting or converging on similar formulae, and of music promoters being hung by their own copyright petard.
In your case quoted I reckon it will be an own goal for the music industry. Not that they will see it that way. Certainly history will look back on the 'Sony Years', for want of a better moniker, and find a watershed around about now. The days of Fantastic Black Plastic are over .....
Cheers, Mike.
( edit ) My youngest son is just starting a tertiary level computing course and has been 'inducted'. This includes a discussion of plagiarism et al, and so it should. However it seems for some purposes to depend on the degree of granularity of a problem. So one can't be done for using a for-loop. But if one is asked to find the efficient solutions for all/most data sets in sorting and searching - one is likely to come up with, de-novo, things like binary searches, bubble sorts and the like. The problem space just begs that. However a whole trail of constructs of nature closely resembling some-one else's work is pro-tem plagiarism. One is still left with the worry of 'great minds thinking alike' or 'fools never differing' for certain project specifications being left unanswered. Shades of Amazon's One Click ?? :-)
( edit ) So being an annoying father I asked the question on the open day - if deemed to be plagiarism where does the burden of proof lie? Guilty til innocent, eh?? :-)
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
RE: ( edit ) So being an
)
Well you take the case to Marshell Texas, where they turned patent litigation into a cottage industry. It all about economy of scale..:-)
So Small, So Many Patent Suits
Its changed a little bit since 2006 in that a company need to provide reasons for filing in Texas. One is that a plaintiff has residence. But what the patent trolls do is set up a shell corporation before filing.
Ah.. More business for the lieyers[sic]
Patent Law Suit Won't Move
There are some who can live without wild things and some who cannot. - Aldo Leopold
The rather disturbing part is
)
The rather disturbing part is the aspects clearly unrelated to the case merits, if I read the article correctly, like local lawyers 'knowing' the local jurors better and such. Isn't there a red flag waving here? Surely industries will go offshore if judged by parochial factors, and common business sense deems reducing such risk by emigrating out of range entirely. Live, work and die in another country altogether. Wasn't patent holding meant to reward innovation as opposed to prevention of manufacture? Ought there not be an 'activity test' to qualify those that seek to keep a patent? Is this simply yet another way of bleeding productive enterprises to death by legal means - personal liability ( where did the doctors go ? ), product liability ( who makes your shoes now ? ) and here patent liability ( who is launching rockets into space today ? ).
Cheers, Mike.
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
Thank you all for those
)
Thank you all for those thoughtful comments about Einstein and, those theories. But, do we think about "if Albert ever questioned how come about intelligence?".
However, am new here on Einstein@home.
http://teamnaija.freeforums.org/what-can-be-faster-than-the-speed-of-light-t4.html
RE: The rather disturbing
)
The US Patent system is broken and has been for while.. Everybody knows it.. They try to introduce legislation but that broken too, because of lobbying, which results in, not whats best for the common good, but self interest for some powerful corporations.
Patent Reform Act of 2009 ... if anybody is interested:-)
There are some who can live without wild things and some who cannot. - Aldo Leopold
RE: The US Patent system is
)
Well written and referenced article. The legislation looks like a committee camel though.
The 'first to invent' vs 'first to file' aspect is very reminiscent of Newton & Leibniz regarding calculus. Newton was certainly the first to think of it ( measured at least by writing it down ) but kept it a secret for several decades. In the meantime Leibniz developed an equivalent formulation ( and some would say with a superior notation ) that was definitely published first. Politics and mutual distrust led to an acrimonious debate ..... see the excellent book The Calculus Wars for the ins and outs on this.
In the field of astronomy 'discovery' more or less equates to who mentioned it first in public. So with Uranus or George's Star it was actually seen many times prior to it's recognition as a planet ( as opposed to star, comet, nebula etc ). A particular lesson was 'how well do you know your local observer'. The French got on better with their telescope people than the English did with theirs. See The Georgian Star for a neat summary of this and the Herschel siblings. I recall that SN1987A was caught quick slick by virtually the first observatory to be hit by it's light, literally as the Earth turned. [ I remember seeing it myself that night about 3am, but I was very tired, and I told only my wife .... in any case South America is to the east of Australia :-) :-) ]
Interesting behaviours also came out with the inventors of the transistor ( John Bardeen, William Brattain and Walter Shockley ), with a certain dynamic between those that supervise vs those that experiment. [ Gee, I put that politely!! :-) ] See Crystal Fire for a good story, and an interesting tute on semiconductor physics.
As for the whole Presper Eckert, John Mauchly, University of Pennsylvania, Honywell v Sperry Rand, John Atanasoff , John von Neumann and ENIAC thing : go figure! :-) See ENIAC for a cogent attempt to explain it all.
DownUnda our Reserve Bank, or a mob related to them, has got a patent on 'plastic banknote' technology. Various licenses issued world-wide to many nations, notably not to the US though - 'not invented here' alas. One can always come up with an unforge-able currency : the trick is to do so economically in scale. The process involves a five-story 'bubble' or tube of plastic film to produce exact specifications. Can't do that in the back yard ....
Cheers, Mike.
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
RE: Ah! Royal
)
Looks like life really follows Star Wars... For every 'Dark Lord', there is a recokoning..
Pay Back
There are some who can live without wild things and some who cannot. - Aldo Leopold
RE: Pay Back I love
)
I love this bit :
Worldwide and throughout time, on/in how many scenarios could you insert the section between the above ellipses and get a truthful and accurate statement ? What? He forgot the odd quarter million? Of course that wouldn't have been a bribe would it? So wow, that makes for expensive "cups of coffee". I don't see why they're bothering to appeal to his sense of honor. :-)
Cheers, Mike.
( edit ) Our bushfire Royal Commission is gradually creaking to a stop, having missed most of what mattered simply by excluding virtually all personal testimonies and eyewitness reports. A real fee-fest for consultants, experts and Professors of Whatever. But one can't be disappointed if one doesn't anticipate. The real work for any future gain/lessons will have to be done in other forums ( my prime guess is the Coroner's Court ). One ultimately immaterial ( ie. probably wouldn't have made much difference ) but noteworthy finding was that the various emergency services heads didn't actually consult each other what-so-ever on the day. Apparently each thought the other was in charge, but none picked up the phone to any other to define that. Heaven forbid they should take a long distance car trip together, they'd all be in the backseat with no-one driving. The then police chief has lied under oath about where she was, and has since lied about the lie too ....
( edit ) I might add that the Coroner has far greater powers, when investigating the cause(s) of death(s). Also far greater penalties to apply if you try to BS ..... and the lawyers can't even tie their shoelaces without permission when dealing with the Coroner. It's just my kind of court - The Inquisition!! :-)
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal