MaxwellKennerly

6 ms·

1.
Younger People Are Actually More Supportive of Democracy(litigationandtrial.com)
3 points by MaxwellKennerly 10y ago|0 comments
2.
The Ethical and Legal Dilemmas of Self-Driving Cars(litigationandtrial.com)
3 points by MaxwellKennerly 11y ago|0 comments
3.
Why Does Georgia Hire LexisNexis to Summarize Its Laws?(litigationandtrial.com)
1 points by MaxwellKennerly 11y ago|0 comments
4.
Please Stop Calling Amazon A Monopoly(litigationandtrial.com)
1 points by MaxwellKennerly 12y ago|0 comments
5.
Software Patents Are “The Plaything Of The Judges”(litigationandtrial.com)
1 points by MaxwellKennerly 13y ago|0 comments
6.
Why Startup Founders Should Hire Lawyers To Deal With Venture Capitalists(litigationandtrial.com)
1 points by MaxwellKennerly 13y ago|0 comments
7.
Lessons from Kafka: Aaron Swartz and Prosecutorial Overreaching(litigationandtrial.com)
12 points by MaxwellKennerly 14y ago|1 comments
8.
Kevin Clash Lawsuit Tests Boundaries Of Federal Child Pornography Law(litigationandtrial.com)
1 points by MaxwellKennerly 14y ago|0 comments
9.
Court Holds Grad Students Have Rights, Dissenters Bemoan End of Academic Freedom(litigationandtrial.com)
2 points by MaxwellKennerly 14y ago|0 comments
10.
by MaxwellKennerly 14y ago
I'm the author of that. It's dated, though to my knowledge none of the issues there have yet been resolved, and the trial is scheduled for February 2013. Seth Finkelstein noted < http://sethf.com/infothought/blog/archives/001476.html
11.
by MaxwellKennerly 14y ago
Of course not, and it bears repeating that this patent doesn't cover any of the underlying technology that makes the iPhone actually work as a phone, it merely covers part of the appearance of the UI, an appearance that any competent prog
12.
by MaxwellKennerly 14y ago
Look at the prior art cited by the patent: http://www.google.com/patents/US7469381 Read the file wrapper and the notice of allowability. Here is Apple's great triumph in claiming an invention as compared to prior art: "The following is an
13.
by MaxwellKennerly 14y ago
But it had occurred to other people, and lots of them. You can even watch Tom Cruise pinch-to-zoom, and scroll by waiving his hands. Look at the prior art in the patent itself, e.g.: US5844547 May 9, 1995 Dec 1, 1998 Fujitsu Limited Apparat
14.
by MaxwellKennerly 14y ago
How hard do you think it is to implement scrolling, the rubber band effect, and pinch-to-zoom on a display screen? Answer: not hard at all. In fact, it has been trivial for years. The hard part is implementing it in a cost-effective, reliab
15.
by MaxwellKennerly 14y ago
The patent system is supposed to encourage the commoditization of inventions by using a trade-off: if you invent something novel and useful, you can get a patent that gives you a complete monopoly for a limited amount of time, but in return
16.
Apple v. Samsung Verdict: Could Bill Gates Have Patented The iPhone in 1995?(litigationandtrial.com)
93 points by MaxwellKennerly 14y ago|99 comments
17.
Judges Posner and Alsup Charge Forward On Software Patents(litigationandtrial.com)
2 points by MaxwellKennerly 14y ago|0 comments
18.
Can The West Memphis Three Sue For Wrongful Imprisonment?(litigationandtrial.com)
2 points by MaxwellKennerly 15y ago|0 comments
19.
by MaxwellKennerly 15y ago
Bear in mind that Congress hasn't done anything to change the types of things that can be patented; under the Act, the patent for thermal refreshing of bread would still be appropriate. Software patents are still all the same. The critical
20.
A Legal Review Of The Aaron Swartz Indictment For Computer Fraud(litigationandtrial.com)
3 points by MaxwellKennerly 15y ago|1 comments
21.
by MaxwellKennerly 16y ago
Thanks for the link. One very notable part of the Facebook dilution is that Eduardo signed on to a shareholder agreement authorizing it, at least in part. We unfortunately don't have the agreement in question to see how it worked, though it
22.
by MaxwellKennerly 16y ago
The point is that both lawyers and clients should understand their roles. The lawyer's primary job is to explain to the client the legal consequences of a given course of action. Preferably, the lawyer will have the clients non-legal intere
23.
by MaxwellKennerly 16y ago
That's a valid point. I discussed the suit as a single invention; Stark could indeed patent parts of it while treating other parts as trade secrets. The post has been updated to incorporate your comment.
24.
by MaxwellKennerly 16y ago
You're putting a couple carts before your horse there. First, you presume there's a trade secret. There's no indication that is correct; all I see is a new soon-to-be-sold product that Apple intentionally let off of its campus and into the
25.
by MaxwellKennerly 16y ago
No doubt, counterfeiting deserves policing. And that's a big part of my point: Gawker posting pictures of a prototype iPhone that Apple lost in the wild isn't counterfeiting. Why, then, should REACT give the case such a high priority to the
26.
by MaxwellKennerly 16y ago
As I put in the post, "A trade-secret claim based on readily observable material is a bust." IDX Systems Corp. v. Epic Systems Corp., 285 F. 3d 581, 584 (7th Cir. 2002). The most Gawker revealed was (1) features readily observable on the ou
27.
by MaxwellKennerly 16y ago
"Selectively enforcing high-profile offenses is a valid strategy if you want the increased awareness to be used as a dissuader for similar offenses, so, I understand when the prosecution wants to be "overzealous" when it comes to a valuable
28.
by MaxwellKennerly 16y ago
Maybe so. But that doesn't answer the question as to why this stolen phone -- apart from the millions of other items stolen in California and reported to the police -- deserved special treatment by law enforcement, and warranted the use of
29.
by MaxwellKennerly 16y ago
That's, by and large, what most district attorneys and police departments do, and that's what's so troubling about this action and the priority it was given. No one seriously believes that Gawker Media poses a continuing threat to anyone, i
30.
by MaxwellKennerly 16y ago
Maybe so. But if so, then REACT shouldn't have any trouble explaining why the investigation of this single phone was so important. There are thousands of IT businesses that have been cheated, defrauded, stolen from, and counterfeited, and y

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