Here is an interesting protection inside the Samsung-Apple patent battle: Samsung claims iPad-like tablets have already been set up as "prior art," thanks to a scene in Stanley Kubrick's 2001: A Area Odyssey.
Apple states Samsung stole its layout.Apple states Samsung stole its design and style.If you're not up-to-date on the patent battle, here is what is going on: Apple statements that Samsung's Galaxy line of phones and tablets infringes on Apple's intellectual property. Between other points, Apple says the Galaxy line's "trade dress" or visual appearance is also related. Properly, Samsung disagrees--and they're pointing to 2001: A Room Odyssey as justification.
In a single with the Room Odyssey scenes, two astronauts are consuming collectively. Each and every incorporates a thin, tablet-like exhibit following to his meal tray. As the film was introduced in 1968--long ahead of Apple developed the iPad--Samsung argues that Space Odyssey establishes iPad-like tablets as "prior artwork," thereby invalidating one of Apple's patents.
Samsung says Kubrick owns tablet layout, not Apple.Samsung says Kubrick owns tablet design, not Apple.
"As with all the design and style claimed from the D'889 Patent, the tablet disclosed within the clip has an general rectangular form having a dominant exhibit screen, narrow borders, a predominately flat entrance floor, a flat back floor (that is evident because the tablets are lying flat within the table's surface), as well as a skinny kind factor," Samsung's legal staff writes.
This curious legal argument was noticed by Florian Mueller, who writes about technological innovation on the FOSS Patents blog site.
"It would be incredible when the court agreed with Samsung that this constitutes prior artwork for that distinct iPad-related design and style patent," Mueller writes.
I'm not a patent lawyer, so I am undecided whether or not it really is achievable to cite science fiction as "prior art" in an intellectual house lawsuit. Either way, I see one particular other flaw in Samsung's argument: At no point within the film clip do both with the astronauts interact with their shows. The so-called tablets act only as portable video clip monitors, not touch-screen computer systems.
But this can be only one exhibit between several that Samsung submitted as portion of its protection, so I doubt it will have considerably bearing around the U.S. District Court's selection. Let's just get it for what it's: a bizarre nod to geekiness in what's otherwise a really critical make a difference for Samsung and Apple.
2011年8月25日星期四
2011年8月23日星期二
MP3tunes Wins Some, Loses Some in EMI Suit
Within a selection that has implications for on the internet locker companies, a federal judge in Ny gave on Monday a partial victory to MP3tunes, a business that runs a web based music storage service.
District Judge William H. Pauley III around the United states District Court with the Southern District of New york ruled that MP3tunes may possibly claim protected harbor protection under the Digital Millennium Copyright Act (DMCA) for operates from tunes label EMI that were saved on its site, or ended up joined to Sideload.com, its second web site that enables customers to search out and obtain free of charge song files on the web.
EMI and fourteen report organizations and songs publishers, collectively referred to as EMI, brought the copyright infringement motion in opposition to MP3tunes and its founder and CEO Michael Robertson. Some three,189 audio recordings, 562 musical compositions and 328 photos of album cover artwork had been at problem from the lawsuit submitted in 2007.
MP3tunes didn't advertise infringement, mentioned Judge Pauley in a very 29-page ruling. "Rather it taken out infringing back links to Sideload.com when provided notice, and terminated the accounts of consumers who blatantly shared copyright files with other folks,"
"While a fair person might conclude following some investigation which the web sites used by MP3tunes executives weren't approved to distribute EMI's copyrighted operates, the DMCA doesn't area the stress of investigation on the net services supplier," he extra in reference to some charge by EMI that MP3tunes executives had downloaded songs from infringing internet sites.
MP3tunes doesn't however qualify for secure harbor protection for its failure to get rid of from consumer lockers the songs "sideloaded" from links recognized in takedown notices from EMI organizations.
The Judge also ruled that MP3tunes can be held liable for "contributory infringement" because it was mindful that infringing tracks ended up in users' lockers and continued to get available to end users from its servers. He stated that Robertson was liable for infringing tracks he personally downloaded and saved in his personal account.
Robertson, who founded and afterwards sold MP3.com right after a copyright infringement motion, create MP3tunes in February 2005. The company provides a locker service that allows users to upload their music and play it on any Net device. In a very website post, Robertson described the ruling as "definitely a victory for cloud tunes and MP3tunes' business design after a multi-year litigation battle".
Individuals within the business which are constructing or contemplating private music support like Amazon, Google, Grooveshark and Dropbox will certainly have renewed self-confidence in supplying comparable unlicensed services, Robertson extra.
District Judge William H. Pauley III around the United states District Court with the Southern District of New york ruled that MP3tunes may possibly claim protected harbor protection under the Digital Millennium Copyright Act (DMCA) for operates from tunes label EMI that were saved on its site, or ended up joined to Sideload.com, its second web site that enables customers to search out and obtain free of charge song files on the web.
EMI and fourteen report organizations and songs publishers, collectively referred to as EMI, brought the copyright infringement motion in opposition to MP3tunes and its founder and CEO Michael Robertson. Some three,189 audio recordings, 562 musical compositions and 328 photos of album cover artwork had been at problem from the lawsuit submitted in 2007.
MP3tunes didn't advertise infringement, mentioned Judge Pauley in a very 29-page ruling. "Rather it taken out infringing back links to Sideload.com when provided notice, and terminated the accounts of consumers who blatantly shared copyright files with other folks,"
"While a fair person might conclude following some investigation which the web sites used by MP3tunes executives weren't approved to distribute EMI's copyrighted operates, the DMCA doesn't area the stress of investigation on the net services supplier," he extra in reference to some charge by EMI that MP3tunes executives had downloaded songs from infringing internet sites.
MP3tunes doesn't however qualify for secure harbor protection for its failure to get rid of from consumer lockers the songs "sideloaded" from links recognized in takedown notices from EMI organizations.
The Judge also ruled that MP3tunes can be held liable for "contributory infringement" because it was mindful that infringing tracks ended up in users' lockers and continued to get available to end users from its servers. He stated that Robertson was liable for infringing tracks he personally downloaded and saved in his personal account.
Robertson, who founded and afterwards sold MP3.com right after a copyright infringement motion, create MP3tunes in February 2005. The company provides a locker service that allows users to upload their music and play it on any Net device. In a very website post, Robertson described the ruling as "definitely a victory for cloud tunes and MP3tunes' business design after a multi-year litigation battle".
Individuals within the business which are constructing or contemplating private music support like Amazon, Google, Grooveshark and Dropbox will certainly have renewed self-confidence in supplying comparable unlicensed services, Robertson extra.
2011年8月21日星期日
HP's $99 TouchPad Tablet Selling out in Retailer Fire Sale
Some retailers marketed out remaining Hewlett-Packard TouchPad tablets in only a couple of several hours on Saturday soon after greatly discounted rates attracted customers to the last remaining models of the soon-to-be defunct tablet.
The TouchPad types cleared out by early morning at the Greatest Acquire and Staples shops in The big apple City's Union Square, salespeople with the merchants mentioned. A sales representative at Finest Obtain said that purchasers were streaming in overnight to acquire the tablets and have been attracted by the cost with the TouchPads, which was $99 for 16GB of storage, and $150 for 32GB of storage.
Heavily discounted Palm smartphones ended up also picked up and cleared at the Finest Buy retailer, and stocks of phones and tablets won't be refreshed, the salesman mentioned. Finest Acquire has stopped offering the TouchPad on its site, and HP has operate out of TouchPads on its retail website, in which prices had been also listed as starting up at $99.
The fireplace sale came just two days after HP mentioned it had been planning to offer or spin-off its Individual Methods Team, which markets PCs and cellular devices. HP also stated it could immediately cease development in the TouchPad, merely a minor over a month following the primary designs went on sale. The company also is discontinuing advancement and sale in the smartphones, including the Pre and Veer. The gadgets operate on the webOS software, as well as the organization said it will proceed growth of the OS platform and examine company opportunities throughout the OS, like licensing it to hardware makers.
The TouchPad went on sale in early July, nevertheless it couldn't contend against Apple's iPad and tablets jogging on Google's Android OS. The TouchPad was also criticized for its bulkiness, gradual efficiency and underdeveloped computer software ecosystem. By the stop of July, HP was providing $50 "instant rebates" to improve sales, and cut the cost by $100 the next week. A TouchPad design with 16GB of storage was initially $499, and a 32GB design was $599.
To allay consumer fears, Very best Acquire extended its 14-day return and price-matching policy for many who purchased TouchPads just before the hearth sale.
"Best Obtain is extending its return/exchange coverage around the HP TouchPad and all HP TouchPad components to sixty days. Arrive right into a Finest Obtain store and we are going to help you discover another tablet to fit your needs or issue you a refund," Greatest Purchase stated on its internet site.
The early TouchPads had been acquired possibly by gadget fanatics or builders, several of whom by now owned iPad or Android gadgets. They ended up curious to view how webOS would perform, and some had been looking for an substitute.
Brent Woodruff, a computer engineer in Tallahassee, Florida, picked up a TouchPad around the first day, but was blind-sided by HP's speedy exit from your market place. He returned his TouchPad to Finest Buy and picked up an iPad 2 in exchange.
Woodruff thought to be getting a Veer smartphone in passing if an excellent deal popped up, but is glad he did not select up the phone.
"At $100 or $150 they'd be well worth it like a developer's toy considering that I nonetheless such as the OS. Because it is now, with [Apple's] iCloud and iOS coming, and with it bringing a lot of in the features I liked about webOS, and together with the Macs currently inside the home, this made essentially the most feeling," Woodruff said in an e-mail job interview.
Woodruff questioned HP on its continued assure to create webOS, and which was one of many causes he returned the TouchPad. Regardless of HP's commitment to webOS, Woodruff anxious in regards to the App Catalog, and also was worried in regards to the shutdown of some back-end solutions critical to retaining profiles.
"I genuinely, actually wish an individual picks up webOS and goes someplace with it. I'd happily pass my iPad two on to your member of the family if another organization commences jogging sturdy with it," Woodruff stated.
Even with discontinuing hardware income, HP said it's going to carry on support and advancement of the webOS, in accordance to your blog entry earlier this week.
"We will carry on to assist, innovate and produce the webOS App Catalog. Our intent is always to increase our merchandising and presentation of your great items and also to proceed to construct our webOS app ecosystem, mentioned HP's Chuq Von Rospach, inside a blog site entry within the Palm website.
The TouchPad types cleared out by early morning at the Greatest Acquire and Staples shops in The big apple City's Union Square, salespeople with the merchants mentioned. A sales representative at Finest Obtain said that purchasers were streaming in overnight to acquire the tablets and have been attracted by the cost with the TouchPads, which was $99 for 16GB of storage, and $150 for 32GB of storage.
Heavily discounted Palm smartphones ended up also picked up and cleared at the Finest Buy retailer, and stocks of phones and tablets won't be refreshed, the salesman mentioned. Finest Acquire has stopped offering the TouchPad on its site, and HP has operate out of TouchPads on its retail website, in which prices had been also listed as starting up at $99.
The fireplace sale came just two days after HP mentioned it had been planning to offer or spin-off its Individual Methods Team, which markets PCs and cellular devices. HP also stated it could immediately cease development in the TouchPad, merely a minor over a month following the primary designs went on sale. The company also is discontinuing advancement and sale in the smartphones, including the Pre and Veer. The gadgets operate on the webOS software, as well as the organization said it will proceed growth of the OS platform and examine company opportunities throughout the OS, like licensing it to hardware makers.
The TouchPad went on sale in early July, nevertheless it couldn't contend against Apple's iPad and tablets jogging on Google's Android OS. The TouchPad was also criticized for its bulkiness, gradual efficiency and underdeveloped computer software ecosystem. By the stop of July, HP was providing $50 "instant rebates" to improve sales, and cut the cost by $100 the next week. A TouchPad design with 16GB of storage was initially $499, and a 32GB design was $599.
To allay consumer fears, Very best Acquire extended its 14-day return and price-matching policy for many who purchased TouchPads just before the hearth sale.
"Best Obtain is extending its return/exchange coverage around the HP TouchPad and all HP TouchPad components to sixty days. Arrive right into a Finest Obtain store and we are going to help you discover another tablet to fit your needs or issue you a refund," Greatest Purchase stated on its internet site.
The early TouchPads had been acquired possibly by gadget fanatics or builders, several of whom by now owned iPad or Android gadgets. They ended up curious to view how webOS would perform, and some had been looking for an substitute.
Brent Woodruff, a computer engineer in Tallahassee, Florida, picked up a TouchPad around the first day, but was blind-sided by HP's speedy exit from your market place. He returned his TouchPad to Finest Buy and picked up an iPad 2 in exchange.
Woodruff thought to be getting a Veer smartphone in passing if an excellent deal popped up, but is glad he did not select up the phone.
"At $100 or $150 they'd be well worth it like a developer's toy considering that I nonetheless such as the OS. Because it is now, with [Apple's] iCloud and iOS coming, and with it bringing a lot of in the features I liked about webOS, and together with the Macs currently inside the home, this made essentially the most feeling," Woodruff said in an e-mail job interview.
Woodruff questioned HP on its continued assure to create webOS, and which was one of many causes he returned the TouchPad. Regardless of HP's commitment to webOS, Woodruff anxious in regards to the App Catalog, and also was worried in regards to the shutdown of some back-end solutions critical to retaining profiles.
"I genuinely, actually wish an individual picks up webOS and goes someplace with it. I'd happily pass my iPad two on to your member of the family if another organization commences jogging sturdy with it," Woodruff stated.
Even with discontinuing hardware income, HP said it's going to carry on support and advancement of the webOS, in accordance to your blog entry earlier this week.
"We will carry on to assist, innovate and produce the webOS App Catalog. Our intent is always to increase our merchandising and presentation of your great items and also to proceed to construct our webOS app ecosystem, mentioned HP's Chuq Von Rospach, inside a blog site entry within the Palm website.
Glucose Monitor May Get Under Your Skin
Scientists on the Institute of Industrial Science at the College of Tokyo have found a method to keep an eye on glucose stages making use of tiny implanted wireless fluorescent sensors that glow relative to blood sugar ranges. Contemplating that practically 26 million men and women from the U.s. have diabetes, that is massive news for anyone who would like to do absent with bothersome finger pricks.
Although others have looked for methods to keep track of glucose concentrations making use of subdermal sensors, nobody has been capable to produce one that can be implanted and left beneath a person's pores and skin above an extended interval. Inside a evaluation from the research MedGadget reports that the sensor is better than existing subdermal glucose sensors that are limited by poor accuracy, balance and therefore are oxygen dependent.
The Japanese scientists located that the polyethylene glycol (PEG)-bonded polyacrylamide (PAM) hydrogel fibers they utilised diminished inflammation in contrast with standard PAM hydrogel fibers. They also identified which the sensor constantly responded to blood glucose concentration adjustments for as much as 140 to 160;days, displaying its possible software for long-term in vivo continuous glucose monitoring.
In accordance to MedGadget, further calibration and testing in the sensor is needed, but the researchers wish their findings will foster the growth of long-term, fluorescent, implanted constant glucose sensors that may be used in folks.
The review was printed on-line before this month inside the Proceedings in the Nationwide Academy of Sciences.
Although others have looked for methods to keep track of glucose concentrations making use of subdermal sensors, nobody has been capable to produce one that can be implanted and left beneath a person's pores and skin above an extended interval. Inside a evaluation from the research MedGadget reports that the sensor is better than existing subdermal glucose sensors that are limited by poor accuracy, balance and therefore are oxygen dependent.
The Japanese scientists located that the polyethylene glycol (PEG)-bonded polyacrylamide (PAM) hydrogel fibers they utilised diminished inflammation in contrast with standard PAM hydrogel fibers. They also identified which the sensor constantly responded to blood glucose concentration adjustments for as much as 140 to 160;days, displaying its possible software for long-term in vivo continuous glucose monitoring.
In accordance to MedGadget, further calibration and testing in the sensor is needed, but the researchers wish their findings will foster the growth of long-term, fluorescent, implanted constant glucose sensors that may be used in folks.
The review was printed on-line before this month inside the Proceedings in the Nationwide Academy of Sciences.
2011年8月2日星期二
Google strikes deal to acquire daily deal service
Google Inc.'s newest offer aims to help folks locate the very best everyday deals around the Internet.
In its latest acquisition of talent and technologies, Google has purchased Dealmap. It is a 15-month-old startup that compiles low cost provides from local merchants scattered in markets across the nation.
Financial phrases of the acquisition announced Tuesday weren't disclosed. It's the newest within a flurry of acquisitions that Google has created to grow its Net empire into promising new markets. Given that the end of 2009, Google has put in a lot more than $2.7 billion purchasing more than 70 businesses.
On this case, Google is attempting to become a larger participant inside the quickly increasing specialty of distributing daily bargains from nearby merchants around the nation. Groupon and LivingSocial have emerged as early leaders, but countless rivals are actually vying for any share. Google, because the owner of the Internet's most well-known investigation engine and most profitable advert network, looms as 1 of one of the most imposing entrants.
Google is incorporating Dealmap to its arsenal just a couple of weeks following starting its own daily offer services. Its model, named Provides, at present confines its bargains to New york, the San Francisco Bay region and Portland, Oregon, but Google ideas to create a lot more cities. The company developed its service following Groupon turned down a $6 billion takeover supply final 12 months.
"We've been thrilled with the early success of our commerce offerings, and we think (Dealmap) can aid us create even far better items and solutions for consumers and merchants," Google spokeswoman Katelin Todhunter-Gerberg mentioned.
Groupon, that is based in Chicago, is now pursuing an preliminary public offering of stock that's expected to be finished in September or October. Though it's only three many years aged, Groupon currently is on speed to generate much more than $2 billion in yearly revenue ?a a threshold Google did not eclipse till its sixth calendar year in organization.
Each Groupon and LivingSocial have already been aggressively expanding in an attempt to create on their early lead inside the day-to-day deal market. LivingSocial broadened its reach in Asia on Tuesday with its own acquisition of the South Korean offer website called TicketMonster.
Dealmap, that is primarily based in Menlo Park, California, has built a database that lists offers from far more than 450 diverse sources. It says it's got much more than 2 million customers.
In its latest acquisition of talent and technologies, Google has purchased Dealmap. It is a 15-month-old startup that compiles low cost provides from local merchants scattered in markets across the nation.
Financial phrases of the acquisition announced Tuesday weren't disclosed. It's the newest within a flurry of acquisitions that Google has created to grow its Net empire into promising new markets. Given that the end of 2009, Google has put in a lot more than $2.7 billion purchasing more than 70 businesses.
On this case, Google is attempting to become a larger participant inside the quickly increasing specialty of distributing daily bargains from nearby merchants around the nation. Groupon and LivingSocial have emerged as early leaders, but countless rivals are actually vying for any share. Google, because the owner of the Internet's most well-known investigation engine and most profitable advert network, looms as 1 of one of the most imposing entrants.
Google is incorporating Dealmap to its arsenal just a couple of weeks following starting its own daily offer services. Its model, named Provides, at present confines its bargains to New york, the San Francisco Bay region and Portland, Oregon, but Google ideas to create a lot more cities. The company developed its service following Groupon turned down a $6 billion takeover supply final 12 months.
"We've been thrilled with the early success of our commerce offerings, and we think (Dealmap) can aid us create even far better items and solutions for consumers and merchants," Google spokeswoman Katelin Todhunter-Gerberg mentioned.
Groupon, that is based in Chicago, is now pursuing an preliminary public offering of stock that's expected to be finished in September or October. Though it's only three many years aged, Groupon currently is on speed to generate much more than $2 billion in yearly revenue ?a a threshold Google did not eclipse till its sixth calendar year in organization.
Each Groupon and LivingSocial have already been aggressively expanding in an attempt to create on their early lead inside the day-to-day deal market. LivingSocial broadened its reach in Asia on Tuesday with its own acquisition of the South Korean offer website called TicketMonster.
Dealmap, that is primarily based in Menlo Park, California, has built a database that lists offers from far more than 450 diverse sources. It says it's got much more than 2 million customers.
Facebook buys digital publishing startup Push Pop Press
Social networking large Facebook on Tuesday introduced that it has bought Push Pop Press, a digital publishing company that develops the technologies to help make interactive textbooks optimized for iPad along with other Apple devices.
"We're thrilled to verify that we have acquired Push Pop Press, a startup whose groundbreaking software program changes the way men and women publish and take in digital subject material," Facebook mentioned in a assertion.
Push Pop Press was co-founded by Mike Matas and Kimon Tsinteris, both previous Apple employees, and was identified for teaming up with previous US vice president Al Gore to create a digital model of his guide "Our Choice".
"Although Facebook is not preparing to start publishing digital books, the suggestions and technology guiding Push Pop Press will be integrated with Facebook, giving individuals even richer approaches to share their stories," Push Pop Press mentioned inside a statement posted on its internet site.
"With numerous people publishing to Facebook every single day, we feel it's likely to be an excellent house for Push Pop Press," the statement added.
Economic terms with the deal were not disclosed through the two businesses.
"We're thrilled to verify that we have acquired Push Pop Press, a startup whose groundbreaking software program changes the way men and women publish and take in digital subject material," Facebook mentioned in a assertion.
Push Pop Press was co-founded by Mike Matas and Kimon Tsinteris, both previous Apple employees, and was identified for teaming up with previous US vice president Al Gore to create a digital model of his guide "Our Choice".
"Although Facebook is not preparing to start publishing digital books, the suggestions and technology guiding Push Pop Press will be integrated with Facebook, giving individuals even richer approaches to share their stories," Push Pop Press mentioned inside a statement posted on its internet site.
"With numerous people publishing to Facebook every single day, we feel it's likely to be an excellent house for Push Pop Press," the statement added.
Economic terms with the deal were not disclosed through the two businesses.
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