Linked by Thom Holwerda on Thu 26th Nov 2009 21:53 UTC
We've got some progress in the other legal case Apple is involved in. The California case, Apple vs. Psystar, is more or less a done deal, but the Florida case, Psystar vs. Apple, is only just beginning. As it promised it would do, Apple has now asked the court in California to either dismiss the Florida case, or transfer it to California. Apple is also asking for a permanent injuction against Psystar. Through this motion, we also gain some juicy insight into Psystar's sales projections - and more interestingly, how many machines the clone maker actually sold.
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RE[5]: Comment by bongo_x
by rhavyn on Mon 30th Nov 2009 18:06
in reply to "RE[4]: Comment by bongo_x"
Member since:2005-07-06
I think you need to look up laches before claiming I'm wrong. Laches has nothing to do with the OP's question. You do not have to actively protect IP in order to maintain ownership of it - that is the case for trademarks.
First, IP is generally a meaningless term. So lets talk about specifics.
Trademark law specifically requires that a trademark be vigorously defended or you can lose the mark. So far, so good. But, I'm not talking about statutory defenses.
I'm talking about laches, which is a defense which is, in fact, applicable to patents and copyright infringement. With respect to copyright, the U.S. Court of Appeals for the Sixth Circuit in Chirco v. Crosswinds Communities, Inc. held that, "depending on the nature of the relief sought and in compelling circumstances, the defense of laches may bar a copyright infringement claim (or certain remedies) even though that claim is brought within the three-year statute of limitations". With respect to patents, in Troxler Electronic Labs v. Pine Instrument the judge held "[A] laches defense exists precisely to prevent patentees from delaying in filing suit simply because they do not feel "motivated to do so." Accordingly, the undersigned hereby finds that Pine's unjustified five year delay was unreasonable and that Troxler is entitled to summary judgment on the unreasonable delay prong of its laches defense."
What's so comical when dealing with you, Thom, is this statement:
"I think you need to look up laches before claiming I'm wrong."
Just because you make claims with no factual backing doesn't mean others make the same mistake. And thanks for reinforcing my point that you should be ignored when talking about legal issues since you are almost certainly going to be wrong. Like in this case. Wrong again.
RE[6]: Comment by bongo_x
by Thom_Holwerda on Mon 30th Nov 2009 18:16
in reply to "RE[5]: Comment by bongo_x"
Member since:2005-06-29
Sigh.
You should read the OP original question. He was asking, quite plainly, whether or not Apple could lose the rights to its IP if they do not defend it. The answer to this question is NO. Apple does not lose its patents or copyrights if they do not actively defend them.
He was CLEARLY confusing this with trademarks, which you DO have to actively protect.
Your comment is entirely accurate in that laches may come into play if you f. ex. wait too long, but laches or no, you do NOT lose the IP in question. Your patent is still your patent. This is quite clearly what my comment stated, yet you felt the need to attack me for no apparent reason, just because you failed to read the OP question.
So no, I was not wrong. You just failed to read the question properly.
Edited 2009-11-30 18:18 UTC
News
Linked by Thom Holwerda on 05/18/13 21:06 UTC
"At the end of a week in which Electronic Arts confirmed it wasn't developing a thing for the Wii U, one of the software engineers in EA Sports' Canada studio, in a series of since-deleted tweets, disparaged the console as 'crap' and suggested Nintendo should give up on hardware altogether. 'The Wii U is crap. Less powerful than an Xbox 360. Poor online/store. Weird tablet', tweeted Bob Summerwill, listed as a senior software engineer at EA Canada, in a reply to a tweet posting a link about EA's no-Wii U news. 'Nintendo are walking dead at this point'." The Wii U is turning into the 21st century's Virtual Boy.
Linked by Thom Holwerda on 05/18/13 7:37 UTC
"In NixOS, the entire operating system - the kernel, applications, system packages, configuration files, and so on - is built by the Nix package manager from a description in a purely functional build language. The fact that it's purely functional essentially means that building a new configuration cannot overwrite previous configurations. Most of the other features follow from this." Interesting approach. A Linux distribution, sure, but with some very refreshing ideas about system configuration.
Linked by fran on 05/18/13 1:38 UTC
Appfour added, among other features, C/C++ support to its new version of AIDE. From Android-IDE, "Now you can write parts of your app or your whole app in C/C++ on your device. AIDE supports the Standard Android NDK toolchain (GCC 4.6 + Bionic, STL, ...). No changes are necessary if you want to build an app developed on a PC with Eclipse. C/C++ development is fully integrated: Build errors appear in the error list and files can easily be navigated to with Go to file. The editor supports C/C++ syntax highlighting."
Linked by Thom Holwerda on 05/17/13 23:35 UTC, submitted by kragil
Ars nails it: "The answer is that Google did announce what amounts to a fairly substantial Android update yesterday. They simply did it without adding to the update fragmentation problems that continue to plague the platform. By focusing on these changes and not the apparently-waiting-in-the-wings update to the core software, Google is showing us one of the ways in which it's trying to fix the update problem."
Linked by MOS6510 on 05/17/13 22:22 UTC
"It is good for programmers to understand what goes on inside a processor. The CPU is at the heart of our career. What goes on inside the CPU? How long does it take for one instruction to run? What does it mean when a new CPU has a 12-stage pipeline, or 18-stage pipeline, or even a 'deep' 31-stage pipeline? Programs generally treat the CPU as a black box. Instructions go into the box in order, instructions come out of the box in order, and some processing magic happens inside. As a programmer, it is useful to learn what happens inside the box. This is especially true if you will be working on tasks like program optimization. If you don't know what is going on inside the CPU, how can you optimize for it? This article is about what goes on inside the x86 processor's deep pipeline."
Linked by Thom Holwerda on 05/17/13 22:15 UTC, submitted by Tom
"It was the only moment I heard regret slip into Otellini's voice during the several hours of conversations I had with him. 'The lesson I took away from that was, while we like to speak with data around here, so many times in my career I've ended up making decisions with my gut, and I should have followed my gut,' he said. 'My gut told me to say yes.'" The world would've been a much different place - Apple would have been less dependant on Samsung for its chips, which probably would've meant less money for Samsung to develop its Galaxy business.
Linked by Thom Holwerda on 05/16/13 21:41 UTC
Glass is getting some love at Google I/O as well. New applications have been released - Facebook, Twitter, Evernote, Elle, Tumblr, and CNN. Perhaps more interesting: the newly announced Google Glass Developer Kit will allow offline applications and direct hardware access - great for hacking and expanding Glass' potential. This kit will really allow hackers to put Glass through its paces.
Linked by Thom Holwerda on 05/16/13 17:04 UTC
"But Beck and Merrill decided that simply banning toxic players wasn't an acceptable solution for their game. Riot Games began experimenting with more constructive modes of player management through a formal player behavior initiative that actually conducts controlled experiments on its player base to see what helps reduce bad behavior. The results of that initiative have been shared at a lecture at the Massachusetts Institute of Technology and on panels at the Penny Arcade Expo East and the Game Developers Conference." Absolutely fascinating stuff. I'm a League of Legends player, and to be honest, the community isn't nearly as bad as some make it out to be. I'm happy Riot games has the guts to employ science to address the issue.
Linked by Thom Holwerda on 05/16/13 13:17 UTC
"Android and iOS, the number one and number two ranked smartphone operating systems worldwide, combined for 92.3% of all smartphone shipments during the first quarter of 2013 as Windows Phone crept past BlackBerry for 3rd place. According to the International Data Corporation Worldwide Quarterly Mobile Phone Tracker, Android smartphone vendors and Apple shipped a total of 199.5 million units worldwide during 1Q13, up 59.1% from the 125.4 million units shipped during 1Q12." Windows Phone doubles from a few to twice few, iOS loser market share as its growth is slower than that of the overall market. BlackBerry continues slide into irrelevance.
Linked by Thom Holwerda on 05/16/13 12:06 UTC
"According to the latest research from our Wireless Smartphone Strategies service, global Android smartphone profits reached US$5 billion in total during the first quarter of 2013. Samsung dominated and captured an impressive 95 percent share of all Android smartphone profits." Wow.More News »
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Member since:
2005-06-29
I think you need to look up laches before claiming I'm wrong. Laches has nothing to do with the OP's question. You do not have to actively protect IP in order to maintain ownership of it - that is the case for trademarks.