Apple slapped with iTunes customization lawsuit

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Comments

  • Reply 41 of 50
    jdwjdw Posts: 733member
    How quickly works swerve off-topic. I make mention of a clearly flippant post to defend poor Othello, and suddenly we have attack posts by on-edge Americans who clearly think the system is "as perfect as anything else out there." But such attacks are not really surprising, as they come from people who have experience living in US culture alone. My own horizons were not sufficiently broadend until I moved outside the US for a number of years.



    The fact is that many people outside the US watch the news and hear about these sort of nutty lawsuits taking place quite frequently in America. Othello knows what goes on in the US legal system based on the news reports he reads (like the one on this site). It's not "biased news," folks. What is the world (outside the US) left to think about the US in face of all the nutty legal tangles that take place in the US? Hence Othello's post was a natural result of what he has seen on the news in light of his countries own legal system. Therefore his post was not flippant, but rather a natural result of his observations about America's legal system. But the post which followed Othello's was flippant as it was merely a shot out of the dark to defend the status quo by making all people of all nations look "the same as America."



    Whether Americans like to accept it or not, many people outside the US (and some inside the US) think there are just too many lawsuits in "the land of the free." And clearly, they would base that comparison on the level of lawsuits in their own country, as Othello clearly has. This by no means is saying Othello is defending his home countries legal system as "perfect." But he is clearly seeing a problem, especially with regard to software patents, concerning which I myself agree.



    I lived most of my life in the US, followed by nearly 13 years here in Japan. I can attest to the fact I didn't know much about the Japanese legal system for the first 5 years or so of living here. But as the years went on I came to see stark differences in the US and Japanese justice system. I myself define "fewer lawsuits" as being "better," hence I would be so bold as to call Japan's justice system better due to fewer people and companies suing each other relative to the US. I also have travelled through Europe on business and pleasure many times, and have friends who live there and have fought software patents vigorously through the years. This has worked to heighten my own awareness about the problem and has made it more clear why so many outside the US want to keep their legal system from being a clone of the US system.



    Now, the rest of the posts I am reading in this thread center on defending Americans from the fact many are arrogant about the superiority of their culture and government. Some Americans simply refuse to believe the general population is "arrogant" until the LIVE outside the US for a while. I mean "live" not "travel." Of course, many of you here defend that status quo thinking in America by stereotyping people you've never met by simply saying "well, everbody thinks the same in their own country." But the accuracy of the statement is largely irrelevant when you consider it was posted merely as a defensive shot to protect the status quo in America.



    Why say all this? Because: (a) not every country has software patents, and (b) a desire to maintain the status quo in America's legal system is what will keep software patents alive and kicking in the US for years to come. In order to root out software patents, you have to "think different" and provoke your mind to change. But if the US legal system is driven by people who think similarly to many in this thread, it is clear that little will change. Anyone who wonders what the US would be like WITHOUT software patents need only examine one of the many countries in this world that don't have such patents.



    I by no means think there is "no hope" for the US legal system. For as an American myself, I understand that the people can envoke change when they put their mind to it. I can therefore only hope that the minds of many in the US will change and enact legislation to revoke software patents and frivilous lawsuits in general. Only then can the US legal system administer true justice to the people.
  • Reply 42 of 50
    aplnubaplnub Posts: 2,585member
    Quote:
    Originally Posted by JDW View Post


    How quickly works swerve off-topic. I make mention of a clearly flippant post to defend poor Othello, and suddenly we have attack posts by on-edge Americans who clearly think the system is "as perfect as anything else out there." But such attacks are not really surprising, as they come from people who have experience living in US culture alone. My own horizons were not sufficiently broadend until I moved outside the US for a number of years.



    The fact is that many people outside the US watch the news and hear about these sort of nutty lawsuits taking place quite frequently in America. Othello knows what goes on in the US legal system based on the news reports he reads (like the one on this site). It's not "biased news," folks. What is the world (outside the US) left to think about the US in face of all the nutty legal tangles that take place in the US? Hence Othello's post was a natural result of what he has seen on the news in light of his countries own legal system. Therefore his post was not flippant, but rather a natural result of his observations about America's legal system. But the post which followed Othello's was flippant as it was merely a shot out of the dark to defend the status quo by making all people of all nations look "the same as America."



    Whether Americans like to accept it or not, many people outside the US (and some inside the US) think there are just too many lawsuits in "the land of the free." And clearly, they would base that comparison on the level of lawsuits in their own country, as Othello clearly has. This by no means is saying Othello is defending his home countries legal system as "perfect." But he is clearly seeing a problem, especially with regard to software patents, concerning which I myself agree.



    I lived most of my life in the US, followed by nearly 13 years here in Japan. I can attest to the fact I didn't know much about the Japanese legal system for the first 5 years or so of living here. But as the years went on I came to see stark differences in the US and Japanese justice system. I myself define "fewer lawsuits" as being "better," hence I would be so bold as to call Japan's justice system better due to fewer people and companies suing each other relative to the US. I also have travelled through Europe on business and pleasure many times, and have friends who live there and have fought software patents vigorously through the years. This has worked to heighten my own awareness about the problem and has made it more clear why so many outside the US want to keep their legal system from being a clone of the US system.



    Now, the rest of the posts I am reading in this thread center on defending Americans from the fact many are arrogant about the superiority of their culture and government. Some Americans simply refuse to believe the general population is "arrogant" until the LIVE outside the US for a while. I mean "live" not "travel." Of course, many of you here defend that status quo thinking in America by stereotyping people you've never met by simply saying "well, everbody thinks the same in their own country." But the accuracy of the statement is largely irrelevant when you consider it was posted merely as a defensive shot to protect the status quo in America.



    Why say all this? Because: (a) not every country has software patents, and (b) a desire to maintain the status quo in America's legal system is what will keep software patents alive and kicking in the US for years to come. In order to root out software patents, you have to "think different" and provoke your mind to change. But if the US legal system is driven by people who think similarly to many in this thread, it is clear that little will change. Anyone who wonders what the US would be like WITHOUT software patents need only examine one of the many countries in this world that don't have such patents.



    I by no means think there is "no hope" for the US legal system. For as an American myself, I understand that the people can envoke change when they put their mind to it. I can therefore only hope that the minds of many in the US will change and enact legislation to revoke software patents and frivilous lawsuits in general. Only then can the US legal system administer true justice to the people.



    Dude, you didn't need to defend anyone. My comment was not inflamatory. You came off with the attitude. My friend from Vietnam seems to think their legal systems sucks so hard, it makes Japan look good. Also, I wouldn't neccessarily say fewer lawsuits mean a better legal system.
  • Reply 43 of 50
    mdriftmeyermdriftmeyer Posts: 7,241member
    Quote:
    Originally Posted by JDW View Post


    Japan.

    (Seriously, your comment was rather flippant, lacking knowledge of legal systems outside the US. Your comment is a classic example of the attitude I just described about how most Americans think concerning everything in America being the same or better than anywhere else in the world.)





    The purpose of the current patent system was to protect individuals or smaller companies who would work to get an idea to market in a reasonable amount of time without fear of a larger, cash-rich company coming along and snatching away that idea. But the fact remains that individuals or smaller companies still need to work toward getting that idea turned into a sellable product, otherwise the idea is worthless to society. But the current legal system in the United States opens to the door to lazy or inept developers to merely patent an idea and then sit back and cast a little money at lawyers who will sue with vigor anyone who appears to be using part of that patent. This is abuse of the system as it was originally intended. And ultimately, it only works to stifle innovation by smaller companies who fear lawsuits if their ideas become successful -- yes, even ideas that are patented in some ways. How ironic isn't it that a system that was intended to protect "the little guys" has become a monstrous system that promotes extortion under the guise of "patent rights" and "the freedom to sue"!



    You're correct. The US Patent system wasn't intended for one to Poach an Idea and wait to litigate while others produce products in the market place that leverage an idea.
  • Reply 44 of 50
    rahrensrahrens Posts: 67member
    Quote:
    Originally Posted by sjgelman View Post




    Second, the U.S. Supreme Court's decision yesterday on obviousness didn't change anything. ... The obviousness standard stays as it was.



    Not so fast. Vonage is already taking advantage of that ruling against Verizon. See TechDirt's story here:



    http://www.techdirt.com/articles/20070501/203602.shtml



    Obviously, their lawyers disagree with you! It isn't that the STANDARD changes, it is that the court is being told to actually pay attention to it, as opposed to past cases where it has been passed over inappropriately, according to SCOTUS.
  • Reply 45 of 50
    tenten Posts: 42member
    The seems to me, to be less about software, and more about storefront design. So, does this mean that, if I have a physical store, and I want to customize my store a certain way, someone can come along and say, ahaa! I've patented that "look" or that "workflow" or that "design"... rediculous.



    Patents should be for real technology inovation, not for deciding that this color of tie goes with this shirt, or that this type of lighting works best with that room theme.



    Second; isn't individual choice and freedom about "individual customization"? If you can patent that, then having individual liberties are in vain.
  • Reply 46 of 50
    davegeedavegee Posts: 2,765member
    Quote:
    Originally Posted by JDW View Post


    How quickly works swerve off-topic. I make mention of a clearly flippant post to defend poor Othello, and suddenly we have attack posts by on-edge Americans who clearly think the system is "as perfect as anything else out there." But such attacks are not really surprising, as they come from people who have experience living in US culture alone. My own horizons were not sufficiently broadend until I moved outside the US for a number of years.





    Anti-american nut balls... I dunno who you're talking about... But the innocent remark from 'poor Othello' that you feel needs defending is this:



    "The american legal system really is terrible..."



    A one line cheap shot comment with nothing to back it up... and yet you the defender of the universe feels the need to defend this clap trap. Well since you're in such a defensive mood how about defending these comments.



    Italians are mobsters

    Blacks are thieves

    Irish are drunks

    People from Poland are dumb

    Mexicans are lazy

    Jews are cheap

    Japanese have tiny.... rice balls



    Hmmm lets see I'm sure I could come up with a boat load of unfounded and unsupportable generalizations that are just as wrong as the claptrap Othello was spewing but I'm thinking you get the idea.



    This has nothing to do with the evil round eye Americans thinking their shit doesn't stink.... Trust me it stinks just as bad as the anyones.



    This has everything to do with people like Othello throwing out baseless and flippant comments and other people like yourself bending over backwards to defend said statements simply because the comments were anti-american.



    But then again, One as bigot always a bigot...



    Dave
  • Reply 47 of 50
    jdwjdw Posts: 733member
    Dave, each of our posts stands to paint us either as hostile brutes or as creatures endowed with some level of higher intelligence. I personally have no regrets about what I have posted in this thread thus far, especially in light of the fact that the primary thrust of my remarks here were squarely aimed at the elimination of software patents. I am pleased to read (in one of your prior posts) that you feel the same. May many more come to this understanding about software patents and work to eliminate them for future generations.
  • Reply 48 of 50
    wtfkwtfk Posts: 47member




    They think they own XML/RSS!



  • Reply 49 of 50
    wtfkwtfk Posts: 47member
    Quote:
    Originally Posted by DaveGee View Post


    Anti-american nut balls... I dunno who you're talking about... But the innocent remark from 'poor Othello' that you feel needs defending is this:



    "The american legal system really is terrible..."



    A one line cheap shot comment with nothing to back it up... and yet you the defender of the universe feels the need to defend this clap trap. Well since you're in such a defensive mood how about defending these comments.



    Italians are mobsters

    Blacks are thieves

    Irish are drunks

    People from Poland are dumb

    Mexicans are lazy

    Jews are cheap

    Japanese have tiny.... rice balls



    Hmmm lets see I'm sure I could come up with a boat load of unfounded and unsupportable generalizations that are just as wrong as the claptrap Othello was spewing but I'm thinking you get the idea.



    This has nothing to do with the evil round eye Americans thinking their shit doesn't stink.... Trust me it stinks just as bad as the anyones.



    This has everything to do with people like Othello throwing out baseless and flippant comments and other people like yourself bending over backwards to defend said statements simply because the comments were anti-american.



    But then again, One as bigot always a bigot...



    Dave



    Well, since the American bar associations are cults...
  • Reply 50 of 50
    davegeedavegee Posts: 2,765member
    Quote:
    Originally Posted by JDW View Post


    Dave, each of our posts stands to paint us either as hostile brutes or as creatures endowed with some level of higher intelligence. I personally have no regrets about what I have posted in this thread thus far, especially in light of the fact that the primary thrust of my remarks here were squarely aimed at the elimination of software patents. I am pleased to read (in one of your prior posts) that you feel the same. May many more come to this understanding about software patents and work to eliminate them for future generations.



    If you feel that way then more power to you my friend... I for one would be rather embarrassed to show myself to be the type of person who groups an entire country full of people into a pre-assumed persona with negative qualities... but thats just me. What say we lets leave it at this.... Living in a free and open world is wonderful, we can agree to agree and agree to disagree... Even if the debate gets rather overheated....
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