Comment Re:There are few aircraft designers left (Score 1) 87
The USAF no longer has a new MANNED fighter plane in development.
FTFY.
Comment Re:Missing the point? (Score 2, Informative) 100
While you may be correct in certain circumstances, your wording gives a false impression that this always works. You must disclose the best mode when filing a patent application.
The specification . . . shall set forth the best mode contemplated by the inventor of carrying out his invention.
"The best mode requirement creates a statutory bargained-for-exchange by which a patentee obtains the right to exclude others from practicing the claimed invention for a certain time period, and the public receives knowledge of the preferred embodiments for practicing the claimed invention." Eli Lilly & Co. v. Barr Laboratories Inc., 251 F.3d 955, 963, 58 USPQ2d 1865, 1874 (Fed. Cir. 2001).
The best mode requirement is a safeguard against the desire on the part of some people to obtain patent protection without making a full disclosure as required by the statute. The requirement does not permit inventors to disclose only what they know to be their second-best embodiment, while retaining the best for themselves. In re Nelson, 280 F.2d 172, 126 USPQ 242 (CCPA 1960).
As you hint at, there's nothing wrong with combining one invention with another, one protected by patent law and the other by trade secret.
Comment Re:DMCA Misrepresentation claim viable (Score 4, Informative) 463
Two sections of Title 17 (Copyrights) are relevant. 17 USC 512 (safe harbor) and 17 USC 1201 (anti-circumvention). The notice is styled as one under 17 USC 512:
It has come to our attention that the web site www.brandonw.net, contains material and/or links to material that violate the anti-circumvention provisions of the Digital Millennium Copyright Act ("DMCA"). This letter is to notify you, in accordance with the provisions of the DMCA, of these unlawful activities. Pursuant to the safe harbor provisions of the DMCA, we request that you remove any whole or partial reproductions of and/or disable links to the following:
... I hereby confirm that I have a good faith belief that use of the Illegal Material in the manner complained of in this letter is not authorized by the copyright owner, its agent, or the law, that the information in this letter is accurate, and that, under penalty of perjury, I am authorized to act on behalf of TI, the owner of the exclusive rights in the TI-83 Plus operating system software that are allegedly misappropriated using unlawful methods.
TI appears to be claiming that the copyright in the TI-83 Plus operating system software is infringing. This therefore appears to be a notice under 512(c)(3). Anti-circumvention is a totally different section of the copyright code, 1201. There is no takedown procedure for access control circumvention materials.
But with regards to anti-circumvention claims: It appears that TI is claiming that the signing keys circumvent a "technological measure that effectively controls access to a work protected under this title." This is a term of art.
(A) to "circumvent a technological measure" means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and
(B) a technological measure "effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
Are signing keys necessary to gain access to the TI 83 Plus operating system binary? As far as I know, no. My understanding is that they are only used to prepare operating system images for installation onto the calculator.
Comment DMCA Misrepresentation claim viable (Score 5, Informative) 463
It's highly unlikely that the factors of an RSA private key are subject to copyright protection. Therefore the groups may have a viable claim for DMCA misrepresentation under subsection (f):
(f) MISREPRESENTATIONS- Any person who knowingly materially misrepresents under this section--
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Texas Instruments may just have Diebolded itself.
Is the Federal Government the Most Interesting Tech Startup For 2009? 148
With all of the recent focus on technology and the promises to continue "getting stuff done" by the US government, Techdirt's Masnick suggests that they might just be the most interesting tech startup to watch this year. "But, of course, talk is cheap (especially in politics). And, while Chopra (and Vivek Kundra, the government's CIO) both actually have a nice track record of accomplishing these sorts of goals in their past jobs, the proof is in what's actually getting done. We'd already mentioned at least one success story with the IT dashboard at USASpending.gov, but can it continue? I have to admit, a second thing that impressed me about Chopra was that, even with such a success, he didn't focus on it. The fact that he got together such a site in such a short period of time is impressive enough, and while he mentioned it in his talks, most of them were much more focused not on what he'd already done, but on what he was going to do — and the plans all seemed quite achievable.
DoJ Defends $1.92 Million RIAA Verdict 386
Death Metal points out a CNet report saying that the Justice Department has come out in favor of the $1.92 million verdict awarded to the RIAA in the Jammie Thomas-Rasset case. Their support came in the form of a legal brief filed on Friday, which notes, "Congress took into account the need to deter the millions of users of new media from infringing copyrights in an environment where many violators believe that they will go unnoticed." It also says, "The Copyright Act's statutory damages provision serves both to compensate and deter. Congress established a scheme to allow copyright holders to elect to receive statutory damages for copyright infringement instead of actual damages and profits because of the difficulty of calculating and proving actual damages."
Burning Man Responds To EFF's Criticism of Policy 210
Briden writes "Earlier this week, we discussed the EFF's criticism of the Burning Man Photo Policy. Burning Man has now responded at length on their own blog. Here's an excerpt: 'In fact, there are but two essential reasons we maintain these increased controls on behalf of our community: to protect our participants so that images that violate their privacy are not displayed, and to prevent companies from using Burning Man to sell products. We don't remove images from pages just because they criticize us (I've never been involved in taking down an image from an editorial blog criticizing Burning Man, and it's certainly not because there haven't been any!). We're also not at all interested [in] preventing participants from sharing their personal imagery or impressions of the event on third party sharing sites in a noncommercial manner, so long as they observe the concerns about privacy and commercialism. We're delighted to see people sharing videos, stories, and pictures on our official Facebook page, and we know that it, along with Flickr, YouTube, Vimeo, etc. are representative of the way many of us share personal imagery in the digital age.'"
RIAA Says "Don't Expect DRMed Music To Work Forever" 749
Oracle Goddess writes "Buying DRMed content, then having that content stop working later, is fair, writes Steven Metalitz, the lawyer who represents the MPAA, RIAA in a letter to the top legal advisor at the Copyright Office. 'We reject the view that copyright owners and their licensees are required to provide consumers with perpetual access to creative works.' In other words, if it stops working, too bad. Not surprisingly, Metalitz also strongly opposes any exemption that would allow users to legally strip DRM from content if a store goes dark and takes down its authentication servers."
Fair Use Defense Dismissed In SONY V. Tenenbaum 517
Several readers sent us updates from the Boston courtroom where, mere hours before the start of trial, a federal judge ruled out fair use as a defense. Wired writes that "the outcome is already shaping up to resemble the only other file sharing trial," in which the RIAA got a $1.92M judgement against Jammie Thomas-Rassert. The defendant, Joel Tenenbaum, has already essentially admitted to sharing music files, and the entire defense put together by Harvard Prof. Charles Nesson and his students turned on the question of fair use. The judge wrote that the proposed defense would be "so broad it would swallow the copyright protections that Congress has created." Jury selection is complete and opening arguments will begin tomorrow morning. Here is the Twitter feed organized by Prof. Nesson's law students.
Patent Trolls Target Small East Texas Companies 281
An anonymous reader writes "In a sign that patent trolls are getting desperate to keep their cases in East Texas — long known as the friendliest venue for their claims — some have taken to suing tiny, no-name companies that are run by East Texas residents. The hope is that, if at least one defendant is located in East Texas, the judge will keep the entire case there. Nate Neel, a Longview, Texas resident with a small open source software company called CitiWare, was sued by Bedrock Computer Technologies in June despite (he claims) having no customers or other meaningful operations of any kind. In response, Mr. Neel has posted a strongly worded letter to Bedrock's attorneys on his Web site. It will be interesting to see how East Texas judges respond to this abuse of process perpetrated against their own residents."
New Router Manages Flows, Not Packets 122
An anonymous reader writes "A new router, designed by one of the creators of ARPANET, manages flows of packets instead of only managing individual packets. The router recognizes packets that are following the first and sends them along faster than if it had to route them as individuals. When overloaded, the router can make better choices of which packets to drop. 'Indeed, during most of my career as a network engineer, I never guessed that the queuing and discarding of packets in routers would create serious problems. More recently, though, as my Anagran colleagues and I scrutinized routers during peak workloads, we spotted two serious problems. First, routers discard packets somewhat randomly, causing some transmissions to stall. Second, the packets that are queued because of momentary overloads experience substantial and nonuniform delays, significantly reducing throughput (TCP throughput is inversely proportional to delay). These two effects hinder traffic for all applications, and some transmissions can take 10 times as long as others to complete.'"
You, Too, Can Learn Echolocation 133
The Narrative Fallacy writes "Wired reports that with just a few weeks of training, you can learn to 'see' objects in the dark using echolocation the same way dolphins and bats do. Acoustic expert Juan Antonio Martinez at the University of Alcalá de Henares in Spain has developed a system to teach people how to use echolocation, a skill that could be particularly useful for the blind and for people who work under dark or smoky conditions, like firefighters — or cat burglars. 'Two hours per day for a couple of weeks are enough to distinguish whether you have an object in front of you,' says Martinez. 'Within another couple weeks you can tell the difference between trees and pavement.' To master the art of echolocation, you can begin by making the typical 'sh' sound used to make someone be quiet. Moving a pen in front of the mouth can be noticed right away similar to the phenomenon when traveling in a car with the windows down, which makes it possible to 'hear' gaps in the verge of the road. The next level is to learn how to master 'palate clicks,' special clicks with your tongue and palate that are better than other sounds because they can be made in a uniform way, work at a lower intensity, and don't get drowned out by ambient noise. With the palate click you can learn to recognize slight changes in the way the clicks sound depending on what objects are nearby. 'For all of us in general, this would be a new way of perceiving the world,' says Martinez."
HTML Tags For Academic Printing? 338
meketrefi writes "It's been quite a while since I got interested in the idea of using html (instead of .doc. or .odf) as a standard for saving documents — including the more official ones like academic papers. The problem is using HTML to create pages with a stable size that would deal with bibliographical references, page breaks, different printers, etc. Does anyone think it is possible to develop a decent tag like 'div,' but called 'page,' specially for this? Something that would make no use of CSS? Maybe something with attributes as follows: {page size="A4" borders="2.5cm,2.5cm,2cm,2cm" page_numbering="bottomleft,startfrom0"} — You get the idea... { /page} I guess you would not be able to tell when the page would be full, so the browser would have to be in charge of breaking the content into multiple pages when needed. Bibliographical references would probably need a special tag as well, positioned inside the tag ..." Is this such a crazy idea? What would you advise?
TSA Asked to Ensure Safety Of Customer Data After Clear Closing 75
CWmike writes "The chairman of the House Committee on Homeland Security, Bennie Thompson (D-Miss.), has given the Transportation Security Administration (TSA) until July 8 to explain how the agency plans to ensure the security of private data collected by a recently shuttered company that offered a registered traveler program. In a letter to the TSA's acting assistant secretary, Thompson expressed his concern over the abrupt closure of Verified Identity Pass (VIP), which offered a service called Clear for a $199 annual fee that helped air travelers get through airport security checks faster by vetting their identities and backgrounds in advance. VIP has left open the possibility that the data could end up being acquired or sold to a third-party, but only if it was going to be used for a registered traveler program."
US Sets Up Emergency Multi-Band Radio Project 130
coondoggie writes "Looking to help eliminate the dangerous and inefficient hodgepodge of communication and network technology used by emergency response personnel, the US Department of Homeland Security (DHS) today said it had picked 14 groups from across the country to pilot an ambitious Multi-Band Radio project.
In 2008, the DHS Science and Technology Directorate awarded a $6.2 million contract to Thales Communications to demonstrate the first-ever portable radio prototype that lets emergency responders — police, firefighters, emergency medical personnel and others — communicate with partner agencies, regardless of the radio band they operate on."
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