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Old 08-30-2004, 03:57 PM   #2986
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Originally posted by baltassoc
If there is one thing that I feel strongly about, it's that patent attorneys should stick to patents and stay the fuck away from trademark and copyright law.
Can you imagine your reaction back in high school if someone could have told you that you would make this statement now?
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Old 08-30-2004, 04:02 PM   #2987
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Originally posted by bilmore
Can you imagine your reaction back in high school if someone could have told you that you would make this statement now?
Yeah, but to be fair, he should also have been told how much coin he'd be making. Kinda takes the sting out of it.
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Old 08-30-2004, 04:02 PM   #2988
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Not Me
What an idiot you are. First, I am a registered patent attorney and my primary workload involves patent litigation. Yeah, that's real backwater. No money at all in patent litigation.

Second, copyrights are huge in protectng software. That is how you go after people who pirate copies of your code. Moreover, unlike patent protection, certain violations of copyrights can involve criminal penalties. The threat of criminal penalties is a big stick deterrant to copyright infringement caused by selling pirated copies of software. On the civil side, you also see prevailing party's attorney's fees awarded routinely in copyright cases, which is not common in patent infringement cases, and which is another big stick deterrant.

Third, most aspects of your client's code aren't protected by patents.

So do you see now dummy? Patents are used primarily to protect your client against a competitor. Copyrights are used to protect your client against pirated copies of their software. Both copyrights and patents are important types of intellectual property in the software industry.

Fourth, you are embarassing yourself by trying to talk about an area of the law about which you are ignorant. At least RT admits she knows nothing about IP.
It took over a year, but thanks for finally busting the sock, Patentgreedy.
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Old 08-30-2004, 04:03 PM   #2989
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Quote:
Originally posted by bilmore
Can you imagine your reaction back in high school if someone could have told you that you would make this statement now?
Yes. You're right. It's sad.

Of course, I never thought I'd be talking politics with a penguin, either.

(But I still feel stongly about it. I think its one too many times having to explain to yet another patent attorney on the other side the difference between a "composition" and a "sound recording" and why the right to one was not the right to another, and why originality and uniqueness really aren't relevant.)
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Old 08-30-2004, 04:04 PM   #2990
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It took over a year, but thanks for finally busting the sock, Patentgreedy.
Don't even try to act surprised.
 
Old 08-30-2004, 04:06 PM   #2991
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Don't even try to act surprised.
Yes, I know. Sort of like how Captain Renault was "Shocked. Shocked to find gambling" in Rick's cafe.
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Old 08-30-2004, 04:07 PM   #2992
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Originally posted by Sexual Harassment Panda
Yeah, but to be fair, he should also have been told how much coin he'd be making. Kinda takes the sting out of it.
Touche'.
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Old 08-30-2004, 04:11 PM   #2993
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Originally posted by baltassoc
(But I still feel stongly about it. I think its one too many times having to explain to yet another patent attorney on the other side the difference between a "composition" and a "sound recording" and why the right to one was not the right to another, and why originality and uniqueness really aren't relevant.)
Oh, I understand. Completely. But still, it's like that moment when you look down and think to yourself for the first time "wow, pocket protectors really are good for your shirts."
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Old 08-30-2004, 04:11 PM   #2994
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Quote:
Originally posted by baltassoc
If there is one thing that I feel strongly about, it's that patent attorneys should stick to patents and stay the fuck away from trademark and copyright law.
I bet you do because we make you non-tech types look bad. We understand BOTH the law AND the technology and that gives us an advantage over you. Bet you wish we would stay away from trade secret law, too. Too bad for you.

FYI - I don't do much trademark work simply because there is no tech aspect to it and any old run of the mill attorney can do it.
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Old 08-30-2004, 04:12 PM   #2995
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Quote:
Originally posted by baltassoc
If there is one thing that I feel strongly about, it's that patent attorneys should stick to patents and stay the fuck away from trademark and copyright law.
Heh. 2.

Quote:
Correct, at least for consumer software and mass market business software. For custom stuff, not so much.
2. (As an aside, you can probably count on both hands the number of tech companies that go through the trouble of filing for copyright protection in their software, legal advice notwithstanding.)

Quote:
Besides the recent actions of the Justice Department, the last reported criminal case of which I am aware in copyright is from the '70s and reads like a rejected script for Starsky and Hutch. It sounds good in the demand letters, but its a pretty empty threat.
There were a couple of (failed) DMCA cases recently, but fair point anyway. Those cases read like rejected scripts also.

It's all a moot point anyway -- copyright protection is useful largely to deter blatant pirates, and those too lazy to rewrite the code without wholesale copying. The real problem ahead, unfortunately, is in patents.

****

And how'd we get sucked into this stupid topic, anyway? First day of the RNC, and this is the best stuff they can bring?
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Old 08-30-2004, 04:15 PM   #2996
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Originally posted by baltassoc
(But I still feel stongly about it. I think its one too many times having to explain to yet another patent attorney on the other side the difference between a "composition" and a "sound recording" and why the right to one was not the right to another, and why originality and uniqueness really aren't relevant.)
Please, if you think for one minute I believe that you are wrong. I don't dispute that there is some "english isn't my first language" refugee from China with a tech degree who went to law school at night who doesn't get that. But most patent attorneys who speak english as their first language are better lawyers than most non-patent attorneys.

Keep telling yourself that you know more. ROFLMAO!!!!!
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Old 08-30-2004, 04:18 PM   #2997
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Originally posted by Gattigap
****

And how'd we get sucked into this stupid topic, anyway? First day of the RNC, and this is the best stuff they can bring?
Looks like Bush will get the nomination.
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Old 08-30-2004, 04:20 PM   #2998
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Originally posted by Shape Shifter
Looks like Bush will get the nomination.
I'm having really disturbing images of patentgreedy with beads up his ass. Wow.

Edited because it was repetitious.

Last edited by ltl/fb; 08-30-2004 at 04:22 PM..
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Old 08-30-2004, 04:21 PM   #2999
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Quote:
Originally posted by Gattigap
(As an aside, you can probably count on both hands the number of tech companies that go through the trouble of filing for copyright protection in their software, legal advice notwithstanding.)
Dude, you are showing your ignorance of copyright law.
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Old 08-30-2004, 04:27 PM   #3000
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Originally posted by Not Me
Dude, you are showing your ignorance of copyright law.
Actually, I'm making a comment about the short-sightedness of many tech companies (in which you claim to be so well versed) from their failure to register.

Perhaps you can further demonstrate your knowledge in this industry with some lengthy citations of various Supreme Court cases.
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