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Submission + - App gives you free ebooks of your paperbacks when you take a "shelfie" (lifehacker.com) 1

Peter Hudson writes: Alan Henry writes on LifeHacker: Paper books are awesome, but sometimes there's no beating the portability of an ebook on your phone or tablet. If you have a physical book you'd love to read on the go, BitLit may be able to get you an ebook version for free—all you need to do is take a photo of your book case: a 'shelfie'...

Comment Re:And this is how perverted our system has gotten (Score 4, Interesting) 436

The first amendment - like anything written in the Constitution is absolute.

That statement is not consistent with Supreme Court jurisprudence. There are limitations on many rights listed in the Constitution. For example, the first amendment has been held *not* to give you the right to incite violence. (See Chaplinsky v. New Hampshire.)

So either the Constitution is absolute or it is not

The answer is that it is not. Interpretation of the constitution comes down to a balancing act between competing rights.

It should have absolutely no influence in a court case between two individuals.

True. That's why this is about the *government's* prosecution of one individual and whether the elements of the crime were actually established.

Comment Science-based medicine, brain-machine interfaces (Score 1) 552

"Communicating with the Locked-In" by Yale Neuroscientist and scientific skeptic, Steven Novella: http://www.sciencebasedmedicin...

It discusses the science (imaging, brain-machine interfaces) vs pseudoscience (facilitated communication) relating to communicating with the locked in.

Comment Re:A trademark claim might not be the best (Score 3, Interesting) 188

Trademark infringment is not a subset of fraud. Trademark law came out of the tort of passing off, which originally was a descendant of fraud/deceit, but they're now different in that fraud happens between the lier and the listener; trademark infringement happens between the lier and the owner of the mark that they co-opt. It isn't a subset-superset relationship anymore.

Comment Re:A trademark claim might not be the best (Score 1) 188

Trademark law originated as the common law tort of passing off. Passing off is *like* fraud, but differs in that fraud requires proof of damages, while passing off/trademark infringement does not require proof of damages. Passing off/trademark infringement is what the intellectual property owners could sue for. Fraud is what the end-users could sue for.

Comment Re:Just a thought (Score 1) 107

If you didn't implement it, you didn't invent it.

I meant implement for mass market production. I may have the resources to build a working model, or a proof-of-concept, but not the resources to bring the invention to market.

If you didn't implement it, you didn't invent it.

That is not consistent with patent law.

Comment Re:Just a thought (Score 1) 107

IMHO, you do not deserve compensation for coming up with an idea unless you also spend years building a worthwhile implementation.

Patents don't reward the coming-up-with of an idea. They reward the disclosure of that idea.

and patents should only last 3-5 years (about twice as long as it takes to develop a competing implementation).

This is not universally true. It might take 10-12 years to clear the regulatory hurdles in the pharmaceutical industry.

Comment Re:They're not trolls (Score 1) 107

This is mostly an argument for raising the bar on the non-obviousness requirement.

However, even if concurrent discovery is common, that may only be because of the concurrent incentive to discovery. Any of the hard-working, innovative, inventors could come up with the invention. Each is being spurred on by the promise of the exclusive right waiting at the end of the tunnel. Just because one gets to the patent office before the other doesn't mean that the patent didn't provide the incentive to do the work.

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