decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts, etc.
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
Sean Daly
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
3 stories in last 48 hours

COMMENTS last 48 hrs

First Report from the Apple... [+103]

The HTC-Apple Agreement Mos... [+64]

Judge Koh Asks For Lists Pr... [+11]

Apple's Nerves Show in Bui...

Judge Koh Rules: HTC-Apple ... [+2]



Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Older News Picks  
  • Financial Globalization and the Rise of IPOs Outside the U.S.
  • Friday, December 07 2012 @ 11:36 AM EST
  • In the paper, Financial Globalization and the Rise of IPOs Outside the U.S., which was recently made publicly available on SSRN, my co-authors (Craige Doidge and George Karolyi) and I document dramatic changes in the IPO landscape around the world over the past two decades. U.S. IPOs have become less important and IPOs in other countries have become more important, whether one looks at counts or at proceeds. In fact, U.S. IPO activity has generally not kept pace with the economic importance of the U.S. We show that financial globalization plays a critical role in facilitating the increasing importance of IPOs by non-U.S. Firms. - Rene Stulz, Harvard Law School Forum on Corporate Governance

  • Microsoft's DroidRage Twitter campaign goes painfully wrong
  • Friday, December 07 2012 @ 10:55 AM EST
  • Trash-talking, whether it's on the basketball court or on online forums, has a bad habit of blowing up when you can't back it up. So when Microsoft decided to launch a win a free Windows Phone Twitter campaign with "Do you have an Android malware horror story? Reply with #DroidRage with your best/worst story and we may have a get-well present for you" on Twitter and Chris DiBona, Google's Director of Open Source, fired back, "Wanna see what Flop Sweat looks like? Follow:@windowsphone" I knew this wasn't going to end well for Microsoft. - Steven J. Vaughan-Nichols, ZDNet

  • Ubuntu Spyware: What to Do?
  • Friday, December 07 2012 @ 10:31 AM EST
  • One of the major advantages of free software is that the community protects users from malicious software. Now Ubuntu GNU/Linux has become a counterexample. What should we do?...

    Ubuntu, a widely used and influential GNU/Linux distribution, has installed surveillance code. When the user searches her own local files for a string using the Ubuntu desktop, Ubuntu sends that string to one of Canonical's servers. (Canonical is the company that develops Ubuntu.)...

    If we can only say, "free software won't spy on you, unless it's Ubuntu," that's much less powerful than saying, "free software won't spy on you."

    It behooves us to give Canonical whatever rebuff is needed to make it stop this. Any excuse Canonical offers is inadequate; even if it used all the money it gets from Amazon to develop free software, that can hardly overcome what free software will lose if it ceases to offer an effective way to avoid abuse of the users.

    If you ever recommend or redistribute GNU/Linux, please remove Ubuntu from the distros you recommend or redistribute. If its practice of installing and recommending nonfree software didn't convince you to stop, let this convince you. In your install fests, in your Software Freedom Day events, in your FLISOL events, don't install or recommend Ubuntu. Instead, tell people that Ubuntu is shunned for spying.

    While you're at it, you can also tell them that Ubuntu contains nonfree programs and suggests other nonfree programs. (See http://www.gnu.org/distros/common-distros.html.) That will counteract the other form of negative influence that Ubuntu exerts in the free software community: legitimizing nonfree software. - Richard Stallman, FSF

  • Marc Randazza wins UDRP against woman he sued last week
  • Friday, December 07 2012 @ 01:17 AM EST
  • Cox tried to argue that she was just exercising free speech by registering the domains to criticize Randazza. But the panel didn’t buy it:

    "In any event, for purposes of the Policy the Panel finds the Respondent’s intention, as reflected by the record, was never to solely provide, through her websites, speech critical of the complainant. Rather, her objective in both registering and using the disputed names was apparently to engage in a rather sinister and tenacious scheme to extort money from the Complainant. specifically, the Respondent first posted negative and false commentary on her websites that was intentionally calculated to injure the Complainant’s on-line reputation and disrupt the Complainant’s business conducted through his law firm. Thereafter, the Respondent used those sites in a manner that apparently optimized their ranking on the Google search engine in order to increase their visibility and prominence on search results yielded through a Google search of the Complainant, thus likely exacerbating the injury caused to the Complainant. Once all this occurred, the Respondent then offered her reputational management services to the Complainant through which, for a considerable fee, she would remediate the Complainant’s on-line reputation by eliminating all the negative and false commentary of her own making and presumably also ceasing her use of the disputed domain names. Basically, for a price, she would undo the injury to the Complainant for which she was responsible for having created in the first place. This egregious conduct clearly constitutes bad faith under the Policy." - Domain Name Wire

  • Patent troll strikes NYT, media industry over mobile web sites
  • Thursday, December 06 2012 @ 09:30 PM EST
  • A shell company is suing the New York Times, the Huffington Post and five other media companies over patents related to mobile computing.

    In a series of complaints filed in Delaware, Clouding IP LLC claims the media outlets are infringing on two patents from 2005 and 2007 entitled “technique for enabling remote data access and manipulation from a pervasive device.”

    Clouding IP, formed in February of 2012, points to readers’ ability to read the New York Times’ website and mobile apps through a smartphone as evidence of infringement. - Jeff John Roberts, PaidContent

  • U.S. patent office considers ending hidden patent ownership
  • Thursday, December 06 2012 @ 09:30 PM EST
  • Last week, the U.S. Patent and Trademark Office published a notice in the Federal Register, announcing a roundtable on Jan. 11, 2013, to consider adopting regulations that would "require greater public transparency concerning the ownership of patent applications and patents."

    The notice doesn't mention IV, Acacia Research or any other specific non-practicing entity that uses shell companies to house patents. But IP experts immediately gleaned a likely purpose of the PTO's proposed regulation and interest in collecting information about the "real-party-in-interest" for patents. "The concern is companies like Acacia and Intellectual Ventures that spin out hundreds or thousands of subsidiaries so that no one knows who really owns a patent," said Mark Lemley, a Stanford Law School professor who specializes in intellectual property law. - Alison Frankel, Reuters

  • Why disc drives are an endangered species
  • Thursday, December 06 2012 @ 09:14 PM EST
  • Could the phrase "burn a disc" soon be interred in the computing graveyard, resting peacefully alongside 8-bit graphics and the chirping, buzzing hum of a dial-up modem?

    Some technology analysts, along with some of the most influential computer makers in the world, say yes. Optical disc drives take up precious space in our ever-shrinking gadgets, and the ability to stream music or movies on demand has made CDs and DVDs less essential....

    CDs? There's music streaming or digital downloads. DVDs? Netflix, Amazon or a host of other online movie sites. Video games? There's digital distribution like Steam and, increasingly, downloads from the major console and game makers. "As personal cloud services become ubiquitous and broadband speeds increase, there's very little reason for many consumers to use an optical drive on their computer going forward," Gartenberg said.

    [PJ: I can think of some reasons to want an optical drive. What if you want to keep your own copies that no one else controls? What if you saw what happened to the other users of MegaUpload cloud service, who lost their data when it was taken down? What about making backups of certain personal things, like photos or writings, things that are so irreplaceable that you don't want them only in the cloud? What about privacy issues in the cloud?] - CNN

  • Google critic disappointed with FTC, meet with Justice
  • Thursday, December 06 2012 @ 09:04 PM EST
  • "The entire technology industry wants to see the FTC take action," said one lawyer following the probe. "If the FTC lets down the entire tech industry, the next time the tech industry has a concern they're going to go to the DOJ (Justice Department)."

    The lawyer also pointed to the possibility of congressional hearings aimed at probing the FTC itself if the agency reached what Google critics considered a weak conclusion.

    [PJ: Wow. Threatening the FTC, if they don't get what they want? Who do they think they are? And it's absolutely not at all true the entire tech industry wants the FTC to take action against Google. What an ugly performance these "critics" of Google (Microsoft allies) are putting on. Get the picture?] - Diane Bartz, Reuters

  • Samsung on peace with Apple: 'The ball's in their court'
  • Thursday, December 06 2012 @ 08:30 PM EST
  • "It's time for global peace," U.S. District Court Judge Lucy Koh told both companies, with a sense of exasperation.

    "Is there anything the court can do? I'm more than willing to issue orders," she continued. "It would be good for consumers, good for the industry, good for the parties."

    "We are willing. The ball's in their court," Samsung attorney Charles Verhoeven said. - Josh Lowensohn, CNET

  • Something really scary is going on in Germany
  • Thursday, December 06 2012 @ 08:23 PM EST
  • Major German publishers with Axel Springer AG as the leader of the gang have for years demanded a law that would force all commercial web services such as search engines or aggregators like the German-Techmeme equivalent Rivva to pay a license fee for automatically processing and displaying headlines or snippets.

    It would be a highly obsolete, Internet-hostile law that nobody benefits from – not even the publishers – because apart from Google, none of the smaller startups and aggregators would be able to pay the fee, hence they’d have to close down or move abroad. But the law would create huge uncertainty among everybody who is publishing content on the web and who refers to the publishers’ content, even if its only in 140 characters. It would increase bureaucracy and kill innovation. It’s an evil law which only can be created by people who are incapable of looking forward.

    Unfortunately, most German politicians are blindly following the publishers’ lobbyists... - Martin Weigert

  • Staffer axed by Republican group over retracted copyright-reform memo
  • Thursday, December 06 2012 @ 08:04 PM EST
  • The Republican Study Committee, a caucus of Republicans in the House of Representatives, has told staffer Derek Khanna that he will be out of a job when Congress re-convenes in January. The incoming chairman of the RSC, Steve Scalise (R-LA) was approached by several Republican members of Congress who were upset about a memo Khanna wrote advocating reform of copyright law. They asked that Khanna not be retained, and Scalise agreed to their request. - Timothy B. Lee, ars technica

  • The ITU and You
  • Thursday, December 06 2012 @ 08:00 PM EST
  • Mozilla stands behind transparency in Internet governance, but a free and open Internet depends on you....

    The resources we are making available today will give you everything you need to learn about the upcoming meeting and why it matters, craft an effective message to get your government to listen, and engage in the global conversation about how decisions about the future of the Web should be made.

    Click here to get started! - Mozilla Blog

  • Did [Microsoft's] Mark Penn Swiftboat Google?
  • Thursday, December 06 2012 @ 07:31 PM EST
  • Mike Nichols, Bing’s corporate vice president and chief marketing officer, says Penn did participate in the Scroogled campaign. “We generally try not to call out individuals who participate or contribute in campaigns because they are team efforts,” says Nichols. “In Mark’s case, certainly, we asked him for his advice, and he offered it, and it’s been valuable.”

    The attempt to undermine consumers’ trust in Google by taking a strategic swipe at a competitor’s roots (the “Don’t be evil” slogan dates back to Google’s birth) is likely to trigger a bit of déjà vu for anyone who has followed Penn’s career in politics. - BusinessWeek

  • Remember When You Couldn't Patent Math? Good Times
  • Thursday, December 06 2012 @ 05:10 PM EST
  • I'm reminded of that, after seeing Dealbreaker's headline about how world famous mutual fund investor, Bill Gross, of PIMCO, has patented the methodology for his bond fund -- or, as Dealbreaker correctly points out, he "patented a way to count." Indeed, the patent in question, US Patent 8,306,892 is somewhat hideous, describing not much more than the concept of an algorithm that weights regions based on GDP. - TechDirt

  • Apple Must Sue, But So Too Must It Innovate — And Soon
  • Thursday, December 06 2012 @ 05:06 PM EST
  • Come on. Is all this really necessary?

    Yes. It is, even if the intellectual property back-and-forth sometimes seems pointless and is starting to make Apple look like a bully — or worse, a monopolistic corporate Darth Vader akin to Microsoft in the late 1990s. To combat this, Apple must stick to fighting other major players (picking on someone its own size); being reasonable, and not vindictive, in its demands; and, most importantly, continuing to develop innovative products. That’s key, because, ultimately, these lawsuits are all about innovation.

    “A lot of people in the software world think patents are bad. Well, the reality is that in our country, if we don’t have the ability to protect our innovations, the future of America looks pretty grim,” Christopher Marlett, CEO of intellectual property investment bank MDB Capital, said. “The last thing we have is our ability to innovate.”

    [PJ: And how stupid was it to send everything else to other places? Why not fix that, and then you won't need to rely on toxic systems.] - Christina Bonnington, Wired

  • Guest Post:Claim Construction Catch-22: Why the Supreme Court Should Grant Certiorari in Retract
  • Thursday, December 06 2012 @ 05:01 PM EST
  • No district court since at least the Federal Circuit’s 1998 en banc Cybor ruling has been willing to make factual findings in construing patent claims for the pragmatic, logical, and legal reason that to do so would contradict Federal Circuit law that claim construction is a pure question of law.

    As we have chronicled at length elsewhere, ...the Federal Circuit has struggled mightily over the standard of appellate review since the Markman case. A slim majority adheres to de novo review notwithstanding the Supreme Court’s recognition of the “mongrel” character of claim construction. The confusion has contributed to a high, variable, panel-dependent reversal rate of claim construction determinations. Fearing reversal for relying upon expert testimony, district judges avoid and/or mask use of experts in determining how skilled artisans interpret patent claims. Numerous studies indicate -- and district court and several Federal Circuit jurists believe -- that the de novo standard has significantly increased the uncertainty and costs of patent litigation, reduced settlement rates, and misapplied the Supreme Court’s Markman ruling. - Peter S. Menell, Patently O

  • Forfeiting the Future Over Irrational Fear of Software Patents
  • Thursday, December 06 2012 @ 04:58 PM EST
  • With a firm grasp of some alternate reality, critics of the patent system, and specifically the critics of software patents, would have the United States forfeit the future in favor of something that has never worked. Curtailing patent rights has never worked to produce more innovation anywhere it has been tried. The inconvenient truth is that there is no evidence that a weaker patent system fosters innovation, but there is overwhelming evidence that a strong patent system does foster innovation, leads to growth, investment from abroad and a growing more prosperous economy. Indeed, weak patent rights virtually guarantee innovation simply won’t happen.

    [PJ: I'm sorry, but that is totally not true. Microsoft built its empire without patents. And its founder, Bill Gates, famously contradicted the Quinn theory by stating clearly that if there had been software patents when he was building his company, there would have been no Microsoft. Why? Because incumbunts use patents as a stick to beat back newcomers, and it's newcomers that bring innovation.] - Gene Quinn, IP Watchdog

  • Tim Cook's Freshman Year: The Apple CEO Speaks
  • Thursday, December 06 2012 @ 04:09 PM EST
  • Bloomberg Businessweek: How has Apple changed since Oct. 5, 2011?

    Cook: The first thing to realize is that all the things that have made Apple so special are the same as they have always been. That doesn’t mean that Apple is the same. Apple has changed every day since I have been here. But the DNA of the company, the thing that makes our heart beat, is a maniacal focus on making the best products in the world. Not good products, or a lot of products, but the absolute best products in the world.

    In creating these great products we focus on enriching people’s lives—a higher cause for the product. These are the macro things that drive the company. They haven’t changed. They’re not changing. I will not witness or permit those changes because that’s what makes the company so special. - BusinessWeek

  • Apple to Resume U.S. Manufacturing
  • Thursday, December 06 2012 @ 04:07 PM EST
  • “Next year, we will do one of our existing Mac lines in the United States,” he said in an interview to be broadcast Thursday on “Rock Center With Brian Williams” on NBC....

    In the interviews, Mr. Cook suggested the company would work with partners and that the manufacturing would be more than just the final assembly of parts. He noted that parts of the company’s ubiquitous iPhone, including the “engine” and the glass screen, were already made in America. The processor is manufactured by Samsung in Texas, while Corning makes the glass screen in Kentucky. - Victoria Shannon, NYTimes


Groklaw © Copyright 2003-2012 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )