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12/04/09
12/04/09
You don't have to like the fact that non-practicing entities (i.e., "trolls") sue others based on patents they don't use. You don't have to like the fact that software is (presently) patentable. There are lots of grounds on which to prop a sensible argument against a patent. But the above isn't one of them.
Just because something is commonplace today doesn't mean it wasn't novel at some time. And under the current law, if something covered by a valid patent--i.e., an application somebody had the foresight to file BEFORE the thing became commonplace-- happens to become commonplace during the patent's (limited) term, the patentee is entitled to enforce his/her patent.
12/04/09
However, they're gamble may come from the accounting department to justify keeping $25M in the bank for 3 years, and pay the penalties later, if it is prohibitive and cost-beneficial to do so. Why pay now when you can pay later?
I do not not feel bad about it, nor I do feel good about it. But I wouldn't mind understanding the determinations that were made to either avoid, dismiss or take a position of naivety.
12/04/09
12/05/09
But what about the system you are describing? One of the primary reasons for patenting a product, service or process is to secure time and funding to create prototypes, is it not?
12/04/09
12/04/09
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12/04/09
"An elongated utensil featuring 2 or more tines, affixed by a handle, for the purpose of mechanically manipulating edible goods, and transporting edible goods to the mouth, by use of the hand and arm, and/or in conjunction with a knife, for the purpose of eating blah blah blah blah"
12/04/09
12/04/09
if you ask St Claire, it falls in the catagory of patent infringement.
12/04/09
12/04/09
12/04/09
(apparently there seems to be a correlation between butt farts and patent lawsuits)
12/04/09
12/04/09
12/04/09
Yep, I patented the internet and suing all of you, even animals.
12/04/09
Too late. I patented it already.
I also patented the idea of patenting it, so you violated my patent.
My attorney will be in touch....
12/04/09
12/04/09
Your move.
12/04/09
12/04/09
12/04/09
I patented every atom and particle in the entire multi-verse.
I patented the firing of neurons in a brain that causes thought.
In fact....I patented (fill in blank) to infinity!
I'm taking my ball and going home.....
You guys are no fun anymore....
12/04/09
11/20/09
11/20/09
11/20/09
11/20/09
You might get away with it at first, but that doesn't entitle you to use it forever. You might pay taxes for road work, or pay a monthly fee for XBL, but the use of those is a privilege, not a right.
Furthermore, the road to hell is paved with "good intentions". MS can't discern the pirate from the casual modder, and it would be pretty ridiculous to expect them to.
11/20/09
Sure, I may be one of the few exceptions to this rule - but when my sister knocked over my Xbox for the first time after getting a brand new copy of Forza 2 about 2 years ago I was heart broken that I just lost $60 in a blink of an eye. Ever since then I've made LEGAL back ups of all of my games and kept the original discs stowed away out of harms reach so that I never have to worry about losing my $60 investment into a disc.
Ever since modifying my console I've lost many of burned games - either from the Xbox being tipped over or just from normal wear and tear - but whenever that happens I just pull out the original and re-rip it and make another copy.
I think that sure this class-action lawsuit is a little over the line but I think Microsoft should at least hear out the legit people in the modding scene. :(
11/20/09
11/20/09
11/20/09
In the end you are using a service they provide and if you don't like the way they run it you can go somewhere else. I guess buy two xboxes and use one for online and mod the other?
11/20/09
11/20/09
11/20/09
11/20/09
To even try to declare that Live's contract terms were illegal in respect to modding would be an impossibly uphill battle for the plaintiffs.
11/20/09