* Posts by dan1980

2933 publicly visible posts • joined 5 Aug 2013

US authorities name five Chinese military hackers wanted for espionage

dan1980

Re: Petulant children often forget what little moral reasoning they have achieved.

@Qu Dawei

What?!? There's a rule "against hypocrisy"???

If only . . .

dan1980

Re: Wind Power tech secrets, really?

@Don Jefe

It's interesting to watch the attitude towards China (and, to a lesser extent, India) from 'The West'. A lot of the practices we are condemning in them are ones that up until relatively recently, our countries and ancestors were engaged in.

In a way, China is still going through a kind of industrial revolution. One (off-topic) side-effect of this is increased pollution, for which we vilify them. Likewise we wail about them stealing Western IP but they are only doing what has been done by other countries during their own development.

dan1980

Re: Why?

@Vociferous

Really?

I asked the question so I'm not having a go at you but that just doesn't seem so likely to me. Perhaps I am mistaken but I was under the impression that this type of spying has been going on for ever and is all very common and so, at least in for those in the know, pretty banal.

I mean, the US has been spying in just this way (and every other) on China (and every other country) for a very long time.

The 'public shaming' theory, while certainly possible, would imply that identifying these breaches is somehow special and so needs to be taken advantage of. To me, that seems somewhat unlikely, given the massive breadth of scope of the spying conducted by these countries and the length of time they have been doing it.

In short, the longer and broader a spying program, the more frequently people will be 'caught' spying and therefore the less exceptional this will be.

dan1980

Why?

That there is state-sponsored spying on US companies by Chinese nationals I can understand. (Equally so the reverse.) That the US are able to identify those individuals I can also understand.

What I can't understand is why these people have actually been named openly.

The US knows the Chinese are spying and China knows the US knows - and vice-versa. I just can't see what is gained by making this kind of inside knowledge public.

Perhaps it's for the US public but surely they'd have to really follow-through for this to have any solid effect at home.

Microsoft walks into a bar. China screams: 'Eww is that Windows 8? GET OUT OF HERE'

dan1980

I wonder how many of the existing XP installs in the Chinese public sector are in breach of licensing terms?

Samsung mobes to get an eyeful of your EYE in biometric security bid

dan1980

I don't get it (common theme today) - what's wrong with these biometric security options?

Locks on phones and smart-devices are there to protect your data from idle snooping or for when you loose the device. They aren't there to protect your data from a targeted attack.

For normal cases, the biometrics are an improvement because it's far easier to get access to a password-protected phone. All you need to do is watch while someone enters their code and swipe it from their bag/pocket/cafe table. It's a bit harder for the average opportunistic thief to get the required details to defeat the biometric lock.

As always, understand the uses and limitations of the tools at your disposal and you'll be fine. If you want your data secure, encrypt the device and sort out remote-wipe capabilities.

Software 'appointed to board' of venture capital firm

dan1980

Ridiculous

I was going to post something witty and/or insightful but I can't think of anything so I'll go with snark.

This is a stunt and a fucking stupid one at that. Worse, it's an outright lie*. Not that they're fooling anyone (which brings us back to stupid) but even if the software could, legally, be a board member, what benefit would that bring to the company beyond what could be achieved by the more common practice of using such systems as input that the board will use?

I mean, how would this system help select and appoint a new CEO or discuss the annual budget or vote?

So yes, it's a marketing stunt but what, exactly, is the pitch? Is it that the system is smart enough to be a board member? Clearly not as that proposition is ridiculous. The only takeaway can be that the software is invaluable to the board, providing data and recommendations that can then be used by the actual board to help make their decisions.

If so then, well, duh, I suppose. Isn't that the whole point of the software in the first place?

* - As pointed out in the article, the software can't, legally, be a board member.

Recommendations for NAS-based home media set-up

dan1980

As a follow-up to my post, my point is that a NAS is fine for storage but the experience will be dependent largely on the front-end you use and certain features, like synchronisation, stopping and starting in different rooms and transcoding (if you use it) will require a 'server'.

dan1980

Just one important note, touched on by John, above - find out what file formats your TVs support with DLNA.

All TVs (that support DLNA) will support MP3 but not all will support FLAC. Same goes for video formats - most will play MPEGs but not all will play XVid or MKVs.

You might also find that, unless you use identical devices (TVs, stereos, etc...) around the house, the interfaces will be different enough to be annoying.

For the above two reasons, I have found that a dedicated playback unit attached to each output device is just, well, better. Yes, it's more expensive but if you want a nice, seamless experience then you have to spend a bit extra.

This goes double if you want to synchronise playback in multiple locations.

So, I recommend dedicated boxes connected to your TVs and stereos. The question then becomes one of what software and devices to use.

In my opinion, XBMC is simply the most consistent option. It's not the most feature-packed but a major goal of the team has been to get it working on all manner of devices. This gives you great flexibility to deploy the right device for each endpoint - Android PCs, Pis, Apple TVs, cheap Atom/Ion-based linux boxes or full-on HTPCs. All will look the same and have the same functionality.

You can also use a tablet as a remote, which is very cool.

The main alternative I have used is MediaPortal. This is a fork of XBMC and is very cool in its own right, specifically its TV functionality, though it seems that recording TV is not a priority for you as you say the main reason for this is to play downloaded content. The only catch with MediaPortal is that it is Windows-only. That means that it can end up more expensive as each playback device must be a proper PC with a Windows license.

For media streaming on the cheap (provided you have DLNA-equipped TVs) then a NAS with DLNA functionality will work, though you would want to make sure all your media is in MP3/MPEG format for the widest compatibility. The downsides to this approaches are: cumbersome and inconsistent interface (usually), no synchronisation and lower-quality media. But, it's about the cheapest option.

Could vegetarians eat a 'test tube' burger?

dan1980

Way old thread but it shows up in the forum list and I'm a vegetarian so what the hell?

As such, I am often amused at the way some non-vegetarians (i.e. 'normal' people) throw out the 'we are meant to eat meat' line whenever any questions about vegetarianism come up. The amusing part is not that the person in question is just parroting a line, but that they are doing so in an almost defensive way.

Let's be clear, though - I have no problems at all with meat-eaters. My long-time partner is not vegetarian and none of my previous partners have been. My family isn't vegetarian and none of my friends or co-workers are. I don't care if you use the 'meat tongs' to turn my vegetarian sausages on the BBQ. If I ever had kids, I would feed them meat until such time as they can make their own decisions.

My opinions as regards manufactured meat, therefore, are not based at all on an ideological position.

My first point would be, then, that growing meat naturally - in (e.g.) cow form - takes a lot of resources. It takes land and water and feed and medical treatment and so on.

Unfortunately, there are situations where this is just not feasible, the most notable one looming somewhere over the horizon being space travel. The proposed Mars colonists are unlikely to be enjoying steak or bacon when they get there.

It is very worthwhile to look at developing these alternatives because with time they will become more refined - cheaper to produce (in cost, required space and ingredients) - and thus more viable. There may well come a time in the not-right-now-but-not-that-far-off-either future where our population has expanded to such an extent that 'real' meat has become a luxury that very few are able to afford.

It might sound like some bad dystopian sci-fi scenario but our population is increasing as our usable farming land is decreasing - we need food sources that are sustainable, plentiful, affordable and nutritious. Taste is important but that can come later.

Job for IT generalist ...

dan1980

It's a sad fact of life that you sometimes you have to choose between doing what you love and getting paid more.

If the idea of specialising is really not what you want and would not give you job satisfaction then perhaps that's just something you have to accept.

There are so many choices in life and this is one of them. But even then, those aren't your only options. You can work towards a stronger management position or start your own firm, as many in your position have. But, again, perhaps those options don't appeal to you.

There is great value for companies in having a technical project manager who has enough breadth to see the big picture and make sure the end result is achieved but with enough specialised knowledge to make sure that the details are in order. Those kind of roles, however, are management roles. If you find the right fit of company then you can get a respectable salary and it can be a really fulfilling position because you get to see a project unfold under your direction, knowing that you actually earned the credit you recieve for it! (Unlike some project managers I've known who have next to no clue. Employing people who know what they're talking about it very important but it's just as important to know when you're not being told what you need to know!)

I suppose the question is, what's wrong with getting an average wage? Sure it's nice to get 'the big bucks' but it's up to you if you're willing to do a job you don't enjoy to get them!

How exec snatched $6m budget from his infosec team because he couldn't see ROI

dan1980

@JeeBee

It seems that very little short of that will be able to convince businesses to give a damn.

dan1980

Won't somebody think of the . . .

Let's put aside the "IT need to talk 'exec' and sell their proposals better" angle.

I hear Don, above, and I understand what he is saying. I also happen to agree with him. As an IT bod, you are employed to assist the business by using your technical expertise - just like any other specialist. If it's your (expert) opinion that the business will be best served by X then damned well do your darndest to make sure X happens.

Okay, now I'm ready to put that aside . . .

Doing so, let's turn to WHY these regulation exist. They don't exist so a board can realise a compelling ROI, nor so that an IT staffer can take control of his job; they exist to protect the public, by protecting their information.

The problem here is not that IT haven't sold it well enough, but that the privacy commissioner and those who are making these laws, haven't sold them well enough - the price is wrong. They need to understand that businesses are wont to see such fines as simply a cost of doing business. That is where punitive damages come n.

Such damages are awarded by a court in cases of business malpractice in part to discourage businesses seeing fines as a line item in their budget, offset by the money they save by being dicks. It happens in insurance cases where particular bad will has been shown. (Though not enough.)

They way to redress this is to make the risk of non-compliance higher than the cost of compliance.

The commissioner has to ask why these laws and regulation exist in the first place. If the goal is to protect the public (and it should be) then they need to get serious and impose fines that are actually a deterrent. After all, if, I have my identity 'stolen' then I the inconvenience, cost and stress to me is likely to be FAR more, comparatively, than the inconvenience, cost and stress or having to pay a (max) AUD 1.3m fine is to the company forced to pay it. Multiply that by the number of people affected by the hypothetical breach and $1.3m may well start to seem laughable.

Short version?

The penalties for putting your customers at risk must be severe enough to prevent companies being able to write it off as business cost.

FSF slams Mozilla for 'shocking' Firefox DRM ankle-grab

dan1980

It's not up to the browser manufacturers to stop this, it's up to the browser users.

It's a browser manufacturer's job to display web content for the users; it's the user's responsibility to choose that content.

What matter if Mozilla stands fast when Google and Apple* are on board? Given the latter two companies' stranglehold on the (western) smart phone/tablet market what possible impact could Mozilla have? Yes, it's a popular browser, but if people want to watch content that is unable to be displayed in Mozilla they will just switch to Chrome.

I most assuredly do not support these extensions but what, ultimately, could have been gained had Mozilla remained the lone hold-out?

* - And Microsoft, for what it's worth.

Game of Thrones written on brutal medieval word processor and OS

dan1980

Re: I'm guessing his novels/scripts have never been hacked and leaked

@Neil Barnes

With the disclaimer that I believe WordStar on DOS is an excellent choice for a writer, I am going to stick up for MS Word.

I use several different programs depending on what I am writing/laying-out but Word is a super handy staple of my day. It's not the quickest, it's not the best for consistency, nor for working with flowing text and anchoring images. BUT, it is very versatile and is great for the miscellaneous every-day tasks that one uses a word-processor for.

And that's the point - it's all about matching the need/use-case (and budget) to the best program. When I need to script, I use an enhanced text editor (my choice is Notepad++), when I need to lay-out a document that will be printed and needs to look professional, I turn to my trusty CS2 version of InDesign, when I need to lay content out in a very structured way without having to worry about indenting and sub-heading formatting, I use a LaTex package.

BUT, when I want throw together some information quickly with 'good enough' formatting and perhaps a few images, then I use Word.

If I need to put together a quick set of instructions for my team, I use Word. If I need to stick a note on the noticeboard or on a box, Word. When I need to take notes while researching something, Word. And so on.

That said, I prefer different versions of Word for different tasks - I find Word 98 (which I use at home) to be better for creating styles and getting a consistent look that I can control. Word 2007 (which I use at work) seems to want to force me into using what it considers appropriate.

Even then, that difference means that I can very quickly knock out something that is formatted acceptably for those times when fine-tuning the styling isn't necessary, which, to be honest, is the vast majority of the time (for me).

dan1980

Re: Almost, but not quite, entirely unlike DOS and Wordstar

I imagine one of the benefit's of his setup, however, is a machine 100% dedicated to writing - no flicking between windows or sessions, just a (digital) page and pen.

That you can replicate the WP in a full-function machine is perhaps missing at least part of the point.

dan1980

Re: If he's into self-flagellation

LaTex?

Surely that kind of stuff is what editors and type setters are for?

I think the WordStar thing is perfect - he puts down the text in as minimal a way possible and those people paid to convert that into a published work, well, convert it into a published work. That seems and efficient and sensible division of labour to me.

Republicans turn up heat on FCC over net neutrality push

dan1980

Re: Perfect example of general Republican party

@Technological Viking

Yes, is the short version.

The point I try to make is that there is nothing inherently desirable about a 'free market', just as there is nothing inherently desirable about competition.

What is desirable is the supposed results, which (in short) is the ability of consumers to access services and products suitable to their needs/wants at a price they can afford, the ability of companies to be rewarded for the utility of their products and the ability of workers to be fairly compensated for their contributions.

In other words, consumers get a fair price, companies get a fair profit and workers get a fair wage.

The problem is that this doesn't necessarily arise naturally and in some cases quite the opposite can happen, for example, when certain markets tend towards a monopoly or where there are large barriers to entry.

In these instances, regulation can function to help achieve the desired ends where a 'free market' approach isn't working.

dan1980

Re: Tipping Point

@Don Jefe

That is some righteous anger there, mate.

As an external observer, and an interested follower of US politics, the thing I find most amazing is that the Rebuplican Party and Tea Party have somehow managed to convince large swathes of the American population to demand they be made worse-off.

It's like forcing people to build their own gallows and tie their own nooses; it's perverse.

Those famous placards about Medicare* just about say it all. They say that those people really don't understand what they are demanding and are just parroting the slogans of the dishonest, manipulative 'leaders' they have decided speak for them.

That is easily seen when you have scores of people repeating nonsensical flights of imagination like 'death panels'. What the fuck?** Every half-way intelligent person the world over heard that and wondered if it wasn't some kind of spoof. I mean, in what reality is an un-researched, un-substantiated tweet from Miss (I can see Russia from) Alaska a compelling political argument? But there you had it; thousands of people, repeating a completely fabricated accusation as if it were fact.

The power these 'leaders' wield to control the thoughts of so many is just obscene. The greatest trick the devil ever pulled is nothing compared to the trick being pulled by the wealth and vested interests sitting behind this 'grass roots'/'middle America' illusion.

In many ways it reminds me of those repulsive evangelist preachers, with their blasphemously lavish life-styles, somehow convincing their poor, struggling congregation to give, not to the needy, but to the 'church'. Perhaps they skipped over Mark 12:38-40 . . .

----------------------------------------------------

* - My favourite being: "Don't steal from Medicare to support socialized medicine".

** - I usually try to avoid swearing in my posts but Don's liberal and expert use of such colourful language has convinced me to try my hand, however timidly.

Comcast exec says wired broadband customers should pay-as-they-go

dan1980

Re: No, it really isn't.

@M Gale,

There is a simple way in which paying for the amount of data you transfer (download/upload) can have an impact on network speeds.

The way it works, is that if you have no limits, there are no penalties for not downloading all the time. You can have multiple people streaming multiple HD movies while operating a VoIP link and any number of other intensive tasks.

So what happens if everyone is doing the same?

What a download cap does is make people more judicious about what they are downloading, effectively reducing the downloads. Once this is averaged out, the end result is that at any given time, there is less simultaneous usage and thus more available bandwidth.

None of that is to say that this is the right option or that the ISPs haven't brought this upon themselves though lack of investment in the infrastructure, just that the line of reasoning you are using to argue against it is not 100% accurate.

Personally, as someone who has had to deal with download limits forever (in Australia) I can't help feeling that some of the outrage is a bit over-the-top.

Microsoft throws Kinect under a bus, slashes Xbox One to $399

dan1980

@Michael Jarve

"This, I think, is a good thing, and I hope that Microsoft learns from this.

And that's the problem - decisions like this give us hope that MS will start thinking of the consumer more, but that hope almost inevitably leads to disappointment.

dan1980

I am a bit unsure how to feel about this decision.

On the one hand, like the previous u-turns, it shows that Microsoft can actually change. This type of thing is really what we all want - we talk about 'voting with our wallets' and in this case it appears to have worked.

Yes, the XBox One is not as powerful as the PS4 and to some people that matters more than anything else and so, for them, these changes are irrelevant. But many others were more concerned about these issues than raw graphical ability.

So, on almost all of the issues that the community had with the Xbox One, Microsoft has ended up listening and making the required changes.

This, surely is a win, no?

On the other hand, it shows that the only way to communicate with Microsoft is money. Whatever their rhetoric, they simply don't care about the people using their products. If one option will annoy consumers but result in more profits then that's the option they will choose.

I just wish there was a similar situation with OSs and business software. Yes, yes, Linux, etc... but MS has HUGE market share there and it's very much a captive market. In that market, they continually make unpopular decisions but it's much harder for people to change so they get away with it.

In that comparison, it also shows the problem with monopolies - it is highly doubtful that any of these changes would have been made if the PS4 didn't exist . . .

FCC chairman to rethink controversial net neutrality proposals

dan1980

Re: Limp Noodle

@asdf

"You make it sound so easy . . .."

Actually, it is easy.

National Cable and Telecommunications Association (NCTA) V. Brand X Internet Services is the relevant case and the findings were that:

  • The Telecommunications Act (1996) is ambiguous about whether ISPs and cable providers are 'common carriers'.
  • The FCC therefore has the authority to classify providers as it sees fit as per the Chevron Doctrine.

Short version is that the supreme court has ruled that the FCC has the authority to classify ISPs as common carriers.

ENTIRE UNIVERSE created in supercomputer. Not THIS universe (probably)

dan1980

Re: We could be in a simulation

@Andy Davies

"A simulation of what?"

The way I am positioned right now; a simulation of a world without light or happiness of rest or, most importantly, beer.

Perhaps (present activites not withstanding) it is merely a simulation of Dan working too hard. That would explain it actually - I certainly would prefer not to be working.

dan1980

Re: We could be in a simulation

@Annihilator

"It doesn't really matter."

Absolutely. Well, not to me at least - I couldn't care a fig if I am 'real' or a simulation. Given that we can only perceive the world through the filter of ourselves, the question is largely nonsensical.

Which is what I take out of that most famous of assertions.

The poster I was responding to seemed (to me) to be taking it to mean "I think therefore I am real", whereas I read it: "I think therefore I am an entity capable of thinking."

In other words, all we can say is that we are aware of our own thought process, but beyond that, we cannot be sure. We cannot even say where these thoughts originate from, only that we are aware of having them.

At the moment, I am acutely aware of having finished my beer.

dan1980

Re: Wonderful

Regarding the maths, in practice, of course, you formulate it in whatever way works best for the situation at hand.

In reality, due to the conservation of angular momentum, everything is rotating. Planets around stars, stars around galactic centers, galaxies rotating around each other inside their clusters and, those clusters rotating inside their super-clusters.

However, as gravity has limitless range*, everything is pulling on everything else and so rotation is probably not what's happening on the truly large scale. I mean, galaxies in our local cluster are rotating but we will, at some point, collide with Andromeda to form some kick-ass super-galaxy.

This is exactly the process that formed those two galaxies in the first place and is responsible for the filament-like structure seen at the kind of scale where individual galaxies are just single points of light.

In a non-expanding, finite universe, eventually all the matter in the universe would coalesce into one giant, spinning mass.

In an expanding, infinite universe, however, every point in space is, in a very real sense, the centre of its own universe, with the perimeter bounded by the distance light has been able to travel since the big bang. In that sense (and not taking it to the extemes of anything so insignificant as individual people) the Earth is the centre of the universe.

The problem there, however, is that the other objects we are observing are the centres of their own universes and thus subject to gravitational forces from objects outside of our universe.

The short version is that, well, I have no idea what the universe is doing. To be honest, right now I only acknowledge anything outside this room because I have to go there occasionally to get beer.

* - Excluding, for the sake of simplicity, the expansion of the universe.

dan1980

Re: Wonderful

"The observer, of course."

Well, that's the thing, RELATIVE to an observer, the universe is rotating!

You can see it every night as the stars track across the sky. Of course, it's the earth's rotation that is giving this effect but there's not really a difference between the one and the other; the maths works fine either way, just as it does with, say, red-shift - it's not important whether you are moving away from the star, the star is moving away from you or you are both moving away from each other.

Or maybe I am wrong but it was my understanding that that's the very point of one thing being measured realtive to another.

dan1980

Re: We could be in a simulation

@BIll

If consciousness is an emergent property, arising once a particular threshold of complexity has been passed then how do you know that your consciousness is not an emergent property of a suitably advanced simulation?

One might argue that simulating a universe in enough detail to give birth to such a phenomenon would be impossible but that would be discounting the possibility that the simulation is in fact a crude representation of a significantly more complex 'real' universe.

I would think it would be impossible to prove that 'real' universe wasn't an infinitely older and more complex beast in which a civilisation had advanced far enough to have harnessed computing power on the order of magnitude sufficient to run a simulation of a universe to the detail we observe.

Remember, too, that there are still bits of this universe that elude our grasp, such as singularities. Who's to say that our inability to predict behaviour at a singularity isn't the product of some 'fudge factor' employed in a simulation? Or the uncertainty principle.

Or dark matter - perhaps our inability to account for some observations is due to a shortcut taken?

All very wishy-washy but the point is that the only way to maintain your position that your experience of consciousness is proof that you don't live in a simulation is to hold that consciousness is something outside of any natural law - something that can't be created except through a supernatural agency, whatever that may be.

Which is, of course, fine if that's the position you take!

dan1980

Re: You are here.

Either way, it's good work - Pan-Galactic Gargle Blasters all 'round.

LinkedIn killing CardMunch biz-card scanning app

dan1980

Raised lettering . . .

Scanned business cards are well and good but do they accurately portray the important differences between bone, egg-shell and pale nimbus?

Can they even render Sillian Braille or Romalian type?

Most importantly, do they allow a full appreciation of the subtle off-white colouring or tasteful thickness of a card and do they display watermarks?

SEC to investors: When dealing in Bitcoin, don't get suckered

dan1980

As I said in a previous post, investing in Bitcoin is a bit like moving to the frontier - there are fortunes to be made but it's risky and you might find yourself robbed and alone. Or the government might kick you off your land.

Look out, sysadmins - HOT FOREIGN SPIES are targeting you

dan1980

Re: Next Frontier?

Well, I am against sticky notes for all manner of reasons, not least of all their sub-par adhesion.

The problem is trying to convince people that usernames aren't bound to specific PCs* and so they should just log in with their own password rather than that of whomever normally sits at the PC.

That's always been the weakest link and there are very few IT solutions. Sure you can have 2-factor auth but that assumes that a user wont record their passkey with the card/usb-key. At some point, It's up to management to actually ENFORCE the relevant policies!

* - At least in most systems we manage, though some PCs are obviously restricted.

SCOTUS asked to overturn patent-troll's charter

dan1980

Re: One bit missing

@banalyzer

Well, I think that's more of the effect of the bias, rather than the cause of it but yes, rule 1 does appear largely to be the assumption that is taken.

That said, I am not sure your closing sentence is necessarily the salient factor. It may well be true but based on the data I have, and my imperfect reading of it, it seems that, while patent approval has been steadily rising, long term, it is not without ups and down. In 1987 it was 47% approval and in 2003, also 47%.

Anyways, that isn't necessarily the issue.

Prior to the establishment of the Court of Appeals for the Federal Circuit, patents were invalidated rather frequently; after that, the CAFC sided with the patent holders much more often. This resulted in an increase in patent filing because the stance of the CAFC suddenly turned weaker patents into stronger ones and thus prompted an increased rate of patent filing.

The point is that patents are more likely to be upheld, rather than that patents are more likely to be granted. (Again, all from imperfect information.)

dan1980

Re: I thought

@AC

Well, they did reverse the Federal Circuit's decision in Microsoft vs AT&T.

In that case there were a number of important issues, but the biggest one is really around how far US patent law extends and the Supreme Court said - 'not that far'.

dan1980

The 'problem' is that humans are complex and so human interactions are also complex. That means that the laws that govern those interaction must also be somewhat complex.

One might wish for a clear-cut, black-and-white legal code, removing any possibility of judicial bias and thereby promoting perfect consistency.

Unfortunately, there are two problems: first, it is impossible to cover all the possibilities and any code that tried would be mind-bendingly (not to mention unworkably) complex. Second, laws cannot, however well-written, determine intentions and states of mind. They might be able to direct a judge/jury as to what actions to take in certain circumstances but we still need humans to access human behaviour.

Ultimately, you can't write a law ahead of time to rule unambiguously if a certain patent is 'obvious' or not. That's why this whole process is important, with precedent essentially forming a supplement to legislation, improving the legal system by tempering it with first-hand knowledge of the law in practice.

That process is not always faultless as bad precedents can arise and this is what has happened, with the CAFC setting its own precedents which the Supreme Court now appears to be attempting to correct.

dan1980

Re: Patent Trolls....

@Ian Emery

". . . so chopping the remains up and them stomping on them will also be required."

Until you get blisters or can think of something even more unpleasant to do?

dan1980

@Khaptain

Not necessarily.

The story of the creation of the Federal Circuit shows some clues as to how we have gotten where we are now. It was specifically created for the purpose of patent cases. Prior to its inception, patent cases were initially heard by district courts, just as they are now. HOWEVER, appeals were heard by the various federal appellate courts.

There was another body called the CCPA which had specific jurisdiction limited to hearing appeals from the US Patent Office and thus was not involved in the appeals process of normal patent cases.

In 1982, the CCPA was merged with the Federal Court of Claims to become the Court of Appeals for the Federal Circuit and given jurisdiction over all patent appeals, not just those involving the Patent Office.

In concert with a hands-off approach to patent cases by the Supreme Court (and its limited ability to hear cases), the result was that a single body became largely responsible for deciding patent cases.

Now, it is well known that certain district courts are more friendly to either patent holders or to patent defendants and this is reflected by where the cases are filed, with E.Texas and Delaware being the perennial favourites. It's even got to the point where some 'patent trolls' have their offices registered in these districts so as to make the case for being heard in those districts all the stronger.

The CAFC has, just like Delaware and East Texas, proven itself to be noticeably pro-patent.

The CAFC was created to bring consistency to patent rulings and it has done so. But this is also a problem because it has, to an extent, concealed the problems. Rulings by the other federal appellate courts can be at odds with each other, which highlights that the Supreme Court might need to take a look into the issue to see why statutes and precedents are being interpreted differently and make some clearer rulings.

With a single court, there is less discrepancy. This was by design but that design then reveals the flaw that while the CAFC is more-or-less consistent, it is consistently bias!

One explanation I have read suggests that that is simply a side-effect of them always dealing with patent cases. Also of note is that almost half (8/18) of the current justices come from a patent law background.

Are they corrupt? No, I don't think so - they just, as a court, have a particular bias and that appears to be quite strongly pro-patent. This is evident in the way they have all-but reversed - or at least watered-down - precedents set by the Supreme Court.

It has been cynically (though truthfully for all I know!) suggested that the importance of the CAFC is directly proportional to the number of patent cases that are brought and this in turn is directly proportional to the likelihood of a patent case being decided in favour of the patent holder. Thus, the more patent-friendly the CAFC is, the more cases they have and the more prominent they will be.

Unfortunately for them, this prominence has fairly forced the Supreme Court to take a stronger interest in patent cases and re-assert their findings where they feel the CAFC has been in error.

Like I said, that's a cynical view but may be true for all I know!

dan1980

Re: Patent Trolls....

It's the only way to be sure, eh?

dan1980

The point I am getting at is that the Federal Circuit seems to be on a pro-patent mission that is at odds with both the lower and higher courts.

As the Supreme court only heard a fraction (about 0.1) of the cases filed with it each year, it is with important decisions like those above that the Supreme Court is able to reign in and, in some cases rebuke the Federal Circuit and attempt to stem this chaos.

dan1980

The core problem is the Federal Circuit.

How many patent cases in recent years, having reached the Supreme Court, have been overturned after being mangled by the patent-friendly Federal Circuit?

An interesting list includes KSR vs Teleflex (obvious + obvious != non-obvious), Quanta vs LG (exhaustion) and Association for Molecular Pathology v. Myriad Genetics (DNA patentability).

In all three cases, the defendant won in the district court, had the decision overturned (in favour of the patent holders) by the Federal Circuit and then overturned again by the Supreme Court. In all three cases, the Federal Circuit was found to be ignoring Supreme Court precedents.

Likewise in the recently-delivered decisions in ICON vs Octane and Highmark vs Allcare.

In these two cases the Supreme Court ruled that the Federal Circuit had been too restrictive in their judgment of what constituted 'exceptional' so far as justification for awarding fees and in applying a burden of proof to the defendant. The Federal Circuit had applied additional tests and restrictions that were not present in either statute or precedent and in doing so had significantly narrowed the focus, making it harder to be awarded attorney fees.

What all these five cases share in common is that the Federal Circuit had ignored our outright contradicted the Supreme Court. Myriad Genetics is particularly noteworthy as the Supreme Court first vacated the decision, ordering the Federal Circuit to re-hear the case in light of the recent Mayo decision. The Federal Circuit did so but more-or-less ignored the Supreme Court precedent in question, after which the Supreme Court heard the appeal and reversed the Federal Circuit.

The other thing they have in common is that the Supreme Court decisions were unanimous, except in the Myriad Genetics case, where Scalia wrote a concurring opinion alongside the majority opinion (of the other 8 judges).

Speedy storage server sales stumps sysadmin scribe: Who buys this?

dan1980

I think one possible explanation is that people can be wary of 'hands-off' solutions that claim to simply work without any real configuration and provide tasty bacon with little effort or money.

I can vouch 100% that at least one sysadmin out there is wary of such claims . . .

I think it's also true that there is a bit of a contradiction in IT in that many of us find it difficult to manage and monitor every aspect of a system (due to time, personnel and cost constraints) and yet desire just such control.

Again, I can vouch for one such sysadmin.

In my current position, I often find myself in a position of not being able to adequately trial and assess potential solutions. It's in exactly these positions where I find myself most wary of magical bacon-granting solutions promising all pork and no pain (that might have come out wrong). Instead, I will sometimes prefer more configurable solutions that will allow me to tweak as I go.

I am not saying that the simpler solutions would not be suitable, just that the control available in more complex solutions gives me some comfort that I will be able to tune it to get the most out of the system or adapt it to any changing needs.

None of this is to say that one solution is better than the other, just that we all go through these processes with our own biases and the more pressed we are, the more we tend to fall back on them.

Why two-player games > online gaming: See your pal's shock as you bag a last-second victory

dan1980

Re: My fondest gaming experiences have been two+ player:

@monkeyfish

Ahhh . . . Tony Hawk 2 on the Dreamcast (still my favourite in the series) - I remember many an hour spent playing 'HORSE'. Not that we used that word.

Also NHL 93/94 - again, still my favourites. My brother and I had a side-game going on total penalty minutes, the winner being the one with the highest total, obviously : )

Laser deflector shields possible with today's tech – but there's one small problem

dan1980

Re: A simpler solution

@CaptSmeg

"I think any real space fights are going to be much more like the Wild West than Star Wars."

I think you're right.

I mean, right now our ability to inflict damage is far greater than our ability to prevent it. Collectively, our defense consists of destroying those assets that can harm us. US warplanes might be whizz-bang-awesome but their ability to fly unhindered is largely due to targeted strikes against warning and defense installations. This was seen to devastating effect during the beginning of 'Desert Storm'.

Protection therefore lies not in hardening a structure against attack but preventing any potential attack getting in range.

I suspect, actually, that if such battles were to take place at some point in the far future, that they would be more like naval battles. Each vessel would be essentially fragile, able to be destroyed with a single hit, so engagements would happen at long range, either with large guns, like battleships, or by utilising smaller fighters, as carriers do.

In such engagements, lasers would more likely be used as point-defense to destroy incoming projectiles, just as they are being developed now.

Or is it too much to hope that the massive effort and expense required in such ventures, coupled with the technical hurdles of powering weaponry and defenses on top of normal ship functions, would require us all to grow up a bit and focus on working together for the good of all.

Yes, I suppose that is a bit of a stretch.

dan1980

Re: re. mirror

@Trevor Pott

"Napkin maths say that you're probably looking at a ship so large that Kirk's Enterprise* would be considered a shuttlecraft beside it."

"*Not the Jar Jar Trek version"

Well obviously not - that version could just be protected by lens flares.

Comcast and EA said to be planning streaming games service

dan1980

Quelle surprise . . .

Not that it matters much to me in Australia.

That said, there is potential that some games will end up as 'exclusives' to a US-only device, with no possibility of accessing it outside that market.

That's the real fear I have of the subscription model - the ability to lock content to certain markets.

You might counter that by saying that customers should just vote with their feet but these big companies just go around buying up all the IP they can - they actively work to turn the games industry into an oligopoly rivaling that of the other large content sectors, like film.

And this is why they do it - they buy all the competitors they can so as to actively reduce choice and the ability to 'vote with your feet'. This allows them to engage in all manner of unpopular practices aimed at extracting revenue rather than providing a quality product.

THAT is why EA were voted the worst company twice in a row and it's an excellent example of what happens as markets tend toward monopolies.

A bit of a digression there but not that much.

RIP net neutrality? FCC mulls FAST LANES for info superhighway

dan1980

Re: There's one thing I do not understand.

@~mico

Because it's not just bandwidth but latency (priority) and data caps.

The thing about priority is that when you prioritise one service, you by default de-prioritise other services.

Now, if adequate bandwidth is available for everything, all the time then there really isn't a problem. If you use a single internet line for VoIP, Internet browsing and a VPN tunnel then you have the option of figuring out how much bandwidth - and switching speed! - everything uses, total it up and provision accordingly. Doing so means that applying QoS is unnecessary.

That is expensive, however, and networks simply aren't going to be built that way on the large scale as it would be very wasteful.

dan1980

Re: An open question to the anti-net-neutrality crowd:

". . . you simply declare the monopoly provider(s) a publicly regulated utility . . ."

Could you possibly have a chat with my mates* Tony Abbott, Malcolm Turnbull, and, well, all the Liberal (read: Republican) leadership over here?

"I disagree that my proposal is a burden on existing corporations."

Again, can you tell that to my mates*, as well as those lovely neutral chaps of the World Economic Forum? That splendid and fair assemblage, representing as it does a very accurate cross-section of world views, not at all biased towards profits, has a specific measure of the 'Burden of Government Regulation'.

* - Disclaimer: not actually my mates.

dan1980

Re: An open question to the anti-net-neutrality crowd:

Ahhh - my post lacked clarity - apologies.

I did not mean that the transition would be impossible for the companies involved, I meant it would be impossible to get such legislation to actually happen.

dan1980

Re: An open question to the anti-net-neutrality crowd:

@Trevor Pott

"Problem solved."

Well, that entirely depends on what 'problem' you are referring to. It most certainly does not solve the problem of everybody in the equation being greedy for as much money as possible.

The model is a good, greenfields one. The problem - not for the consumer I hasten to add - is that in applying this plan to an existing setup, you would force companies to sell assets they already have and handover existing revenue streams to companies currently seen as competitors.

The result, once the dust has cleared, will certainly be better for the consumers - the public - but the transition is next to impossible. The fight then is to try and keep and, where possible, strengthen, the existing protections/regulations.

On another note, I realise you are talking about North America here but what about other places, like my own country, the glorious republic of Her Majesty's loyal colony of Australia?

The first problem we face is that we are too sparse a population for such 'massive competition' to exist, even in wishful thinking. The second problem we have here is that our current government is enamoured of right-wing policies such as deregulation, while being apparently oblivious to the first problem.

Hence what has happened to our 'NBN' plan, which was once something of a source of both tech and social-democratic pride for me.

I got side-tracked, sorry.

dan1980

It's a good thing the governing principles in my life are apathy and inertia, else I might feel something about this.

It's hard to take seriously a company (such as a streaming video service) that campaigns strongly for 'net neutrality' but employs geo-blocking to enforce regional price differences or block access altogether.