June 30, 2003

Tech Update

Infoworld has an interesting article about the Supreme Court's refusal to grant cert. on a case regarding a CAD software patent and EULA dispute. The patent issue doesn't appear to be a big deal, but Infoworld claims this case may open the door for enforcing EULAs for breach of contract.

The Bowers case is an example of a good plaintiff -- in this case, an independent software developer going up against a bigger company -- not contributing to good law, she added. "This guy's got to be the most sympathetic plaintiff in the world," Copenhaver said. "This is the kind of guy you really want to protect."

The Register has an article disagreeing with my assessment that Software business interests don't appear to hold as much clout in the EU as media corporations do in the US. Should be interesting to see what happens come September 30.




Manic Monday

Did you know that the Bangles are still alive and kicking?

I'm tired. Stupidly, I didn't go to bed as early as I should have last night. I'm paying for it today. Oh well, what else is new?

Bag and Baggage informed me of the 78 page Intel V. Hamadi decision. I'll probably print it and add it to the half-read pile containing Gratz and Grutter.

The hilarity of the fact that I'm behind on my pleasure case reading is not escaping me. We'll call it prep for law school.

Thankfully, I have a two long flights to the East Coast and a few days of unplanned time during my Fourth of July trip. Ahhh...blissful reading time. Maybe I'll make myself finish the cases before I immerse myself in my other books. Nah...I'll probably just go straight into Jefferson's Writings, and take breaks from it to continue my treks through the bite sized chunks of fun in the Science Fiction Short Story Anthology (that R lent me over 6 months ago), and Metamagical Themas.

The cases will be good for when I'm killing time at work. Which, by the way, is not right now. Enough with the blog.

June 29, 2003

Spam update

The SPAM experiment has returned some results. BEWARE to all who post their email address on the Web. So far, I've received:

  • An email titled "The Messiah Comes" from "Signs from God." It's comical and uncomprehensible (serious translation problems, methinks). It links to more comical mad German ramblings here.
  • A version of the Nigerian Advance Fee Fraud from danjumauseni3@mail.co.za aka Danjuma Useni.
  • Two emails from a sina.com address that use a characterset unsupported by hotmail.
  • TGIS

    So, my friday with no plans morphed into a long drive to go hang out in my home town with my family. I had a home town family party where my attendance was required on Saturday (and, by extension, E had to go as well). Originally, E and I had planned to drive on Saturday AM, go to the party, stay the night and drive back on Sunday. But, on Friday night, better sense prevailed (thanks in no small part to my sister-in-law) and we realized that driving at night was much preferable given the 100+ degree weather. So, my friday of no plans became friday of packing, driving, and orchestrating details. Cold beer and cool night temperatures greated our arrival and confirmed our good decision.

    The family party was fun, but hot. My father was happy because first of all, he loves a good party, and second of all of his children and his grand-child made all of the necessary appearances and gestures. We shook hands, hugged, and repeated the easily understood details of our lives, "I'll be going to law school in the fall." Having a niece to run interference at the event was a strategic coup. Much less was required of us children than used to be. Bless my brother and his fertile sperm.

    After the party, we waited out the heat and drove home. So, now it's Sunday and I can finally relax like I had planned to do on Friday.

    June 27, 2003

    TGIF

    Today was a busy, busy day. It came on the tail end of a busy, busy week. I'm very glad to have NO plans for tonight.

    Despite learning an important lesson on Wednesday, I managed to repeat it in a new form today by claiming a system as a whole instead of claiming the one novel component. Who infringes a claim to the system? The customer. Who infringes claims to the one novel component? The manufacturer. Who would the client rather have protection from? Duh. I'll keep repeating the lesson here as long as it takes me to learn it.

    In other news, five grammar questions earned me this (my bruised ego will take the positive reinforcement anywhere it can find it...):


    [take the test] - [by krystaljungle.com]



    Thanks to JCA for the link.

    If you are any kind of grammar dork, you must see Bob's Quick Guide to the Apostrophe, You Idiots!. I laugh harder each time I see it.

    June 26, 2003

    Trackback

    It's a good thing I celebrated the garlic fries last night because I certainly am not celebrating them right now (neither, I imagine, are my co-workers).

    Yesterday's post about avoiding claims that only your customers infringe seems particularly germane in light of the RIAA's latest plan to sue hundreds of file-swappers. RIAA is making more and more friends every day. Can you say "desperate, last-straw, attempt to squeeze blood from the stone of the old music industry business model"?

    And finally, at the risk of cursing myself, I almost feel comfortable at the firm today. Like I actually may be getting a clue (gasp)! Sure, yesterday's mistake was huge, but I fixed it in short time and out to the client it went with only one word edited on my second draft. Hmmm... a good sign.
    Raindrops on Roses and...

    Let's not talk about how the team performed. Instead, let us celebrate the wonderful dinner of Gilroy Garlic Fries and beer. Ahhh, these are some of my favorite things...

    June 25, 2003

    Today's Lesson

    If the only way you find to get around the cited references is by adding operating conditions to your claims, keep thinking. The people who infringe will be your customers. Not a good way to make friends. And I was so proud that I found a way to make claims that were distinguished over the prior art.

    Back to the drawing board.
    One Percent?

    Even though everyone said the Feds would do it. I'm shocked.

    June 24, 2003

    Zaurus returned

    My 2nd Zaurus arrived yesterday. Audio quality is good and the MP3 player works. Now, I can finally get down to business on the very important task of ripping my MP3 collection for my commute to school.

    In short, I was upset that the first one didn't work. But, I was happy that the on-line vendor accepted my return and sent me a new one, although it did take approximately 2 weeks and I had to pay for return shipping. I guess that's what you get for bargain hunting.
    Realization

    I have no friends at work.

    Okay, so that's not entirely true. I have acquaintances at work with whom I am friendly. But we only exchage brief words on a daily basis. The sum of all my non-work conversations is about 10 minutes per day. I'm not one to need tons of face-to-face interaction, but 10 minutes in 8+ hours? It would be preferable even just to have interesting work-related conversations on a daily basis. I can maintain my active social life outside of the office, no problem. It's being there for hours on end without any human stimulation that's difficult. I suppose it would be different if I had so much interesting work to do that I barely noticed the lack of conversation. But, alas, as previous posts have indicated, that is not the life of a summer associate, even one in my shoes. Hence, this blog...

    Of course, I didn't realize that I had no friends at work until the other night when out with friends of mine who work together. They discussed their day, and the surprising feeling of jealousy showed me that some of the malcontent I feel at work has absolutely nothing to do with the work. At every job prior to this one, I've had at least one work friend with whom I could commiserate, go to lunch, and laugh. Here, it's heads down for all, and there's no one with whom I've particularly bonded. I sit in the busiest, and therefor quietest, corner of the office. There are no other summer associates or younger associates near me. It's not as if I haven't gone to lunch on occasion with a few of the associates, but definitely less often than once a week.

    Unfortunately, while I can say that this malaise has nothing to do with the work, that's not entirely true. Patent prep and pros is a quiet, heads down job. The people who do it are generally introverts. I sit on that edge between introvert and extrovert. I need more interaction than I'm getting here. The days I get to go to client sites or training are the days I enjoy the most. That realization alone is worth the summer. If I accept a job that is entirely patent prep and pros without any litigation or other legal work to spice it up, I run a serious risk of being unhappy.

    Again, I find myself grateful that I'm not in a normal summer associate job. If I was, I'd be getting enough lunch invitations that I'd never notice the reality of the office and I might not understand how it could make me unhappy.

    June 23, 2003

    Supreme Court UMich Admissions Decision

    Jurist reports that the UMich affirmative action decisions are now available. The Law School Opinion, where the law school's affirmative action policy was ruled constitutional by 5-4 is 95 pages. The Undergraduate School Opinion where the University of Michigan's college of Letters, Arts, and Sciences point-based admissions policy was struck down by a 6-3 vote is 68 pages.

    A friend of mine, D, just graduated from the University of Michigan Law School and was one of the authors of the amicus brief that the law school submitted. While she obviously had an opinion, she was receptive to my concerns that the point system was too blatant and seemed somehow unfair. Each time that she and I discussed the issue, we both agreed that it's an ugly problem with no easy answers. Someone is going to be left out. Choosing that someone is never an easy thing. We both believe that people who claim that it's a simple problem with an obvious solution are blind to, ignoring, or just not aware of some of the important points.

    I am happy that by the numbers, it appears the the Justices understand the complexity of the problem and didn't find it easy to make a unanimous decision in either case. I think I want to live in a world that allows for moderate preferences based on socio-economic disadvantages. Defining moderate is the problem. The UMich point system seemed to go to far, in my opinion. But, from what I understood about the law school's policy, I'm not certain that it was bad or good policy. I believe that if it's not obviously bad policy (again, difficult to define), we should leave it to the educational systems, employers, etc. to offer moderately preferential treatment to socio-economically disadvantaged people as they chose. In short, I think I'm happy about today's decisions. But, I need to read the opinions in full before I can completely commit to that statement.

    June 20, 2003

    More on SCO

    First and foremost, the most informative source of info that I've found on SCO vs. IMB is the twiki.iwethey.org SCO vs. IBM page--Detailed background and appears to be updated very regularly.

    Ian Lance Taylor has an excellent summary at Linux Journal of what he's allowed to say about his visit to SCO as an analyst.

    His opinions about the code he was shown were particularly interesting:

    Here is what I think I can say about the code I saw. The code is fairly trivial--the kind of stuff I wrote in school. The similar portions of the code were some 80 lines or so. Looking around the Net, I found close variants of the code, with the same comments and variable names, in sources other than Linux distributions. The code is not in a central part of the Linux kernel. The code does not appear to have been contributed to Linux by SCO or Caldera. The code exists in current versions of the Linux kernel.

    The real question is, how easy will it be for litigators to make this point, or mutate this point into nothingness, before a judge and/or jury.

    Also interesting are his feelings in response to the code:

    I admit that SCO's example unsettled me by what it implies. Although in itself trivial, it does suggest that some Linux contributors may have been careless about copyright infringement. That is unfortunate.

    And finally, his comments on the mutually assured destruction that he sees software patents to be are particularly fascinating:

    It's worth noting that the people running SCO and their lawyers may not appreciate the power of software patents. In my experience, few people outside the profession understand the degree to which every program of any scope violates patents. The software industry today survives only through an unstated agreement not to stir things up too much. We must hope this lawsuit isn't the big stirring spoon.

    In the same vein, Gary L. Reback's Summer '02 article on the patent system is sobering and depressing.

    Is there a way to define a career for yourself as a patent litigator and/or prosecutor who only fights bad patents or prosecutes good ones? Unfortunately, much like criminal defense, I think the answer is no. The system is supposed to work, and it only works if the players do their best regardless of where they are placed in the field. But, perhaps my conscience will take enough of a beating that I'll actually try to find a career for myself where I fight the good fight. Given that in the last two years I've tried to volunteer with the EFF twice (as both a technical volunteer and legal volunteer for free) and I haven't even gotten an email reply, I imagine that positions for qualified lawyers fighting the good fight that pay enough money to support a family are few and far between.
    Summer Madness

    This week was a whirlwind of client site disclosure meetings, training, training rescheduled, firm and non-firm social events, the office action I still haven't finished, more preliminary invalidity contention charts, and not enough sleep. I have no plans for tonight but a vague idea of a stop at the gym and some food. And off to bed early.

    The rest of the weekend is a tsunami of firm and non-firm social commitments including 2 barbeques, which will total 3 in 4 days. The only weekends before school without travel or multiple major social commitments are July 12th and July 26th. That's it. Every other weekend is guaranted to be fun and fatiguing to the point of exhaustion. This happens every summer. I love summer fun so much that I forget to say no, even when I should.

    June 18, 2003

    If you are a blog addict, you will laugh at Robert Scoble's Simple guide to A-list bloggers.

    The future of EU patents



    Infoworld has a summary of the upcoming debate about the EU patent standard. Looks like the US and Japan may end up with a less stringent standard for patentable software. Discussion at slashdot.

    I find it interesting that media corporations were very efficient at getting the US to move copyright extension in line with European Term Limits (or at least that was their claim). Software business interests don't appear to hold as much clout in the EU as media corporations do in the US.

    June 17, 2003

    Experiment

    Today was a gorgeous day. I had 3 reference patents, an application, and an office action to read and highlight in prep for making a response. I also had a headache. I packed up my bag and left for home at 2:30. The receptionist asked if I was coming back and I said, "Nope."

    Ibuprofen, sun, all my reading is done, plus a little yoga and my headache is gone. I'm also done with the work earlier than I would have been if I had tried to finish it in the office since I undoubtedly would have distracted myself with something online. That's one good thing about working in the sun. Not much else to do if you only bring your water and your reading material.

    The experiment is this--will anyone other than the receptionist
    A) notice or be informed that I took off?
    B) care?
    C) request that I not do so again?
    D) none of the above?

    I think it's a useful test. If they go for D, it's just another point in their favor. A-C I'll explain my way through, it's not like I accomplished anything less than I would had I stayed. I suspect that it will be D, but only because my Supervising Attorney is out today and its unlikely that any of the others stopped by to give me work. Unfortunately, the life of a summer associate is not usually so relaxed. In general, it is my job to be there when and if they need me. I deal so poorly with this notion...control freak that I am...this summer is a learning experience in more ways than one.
    Bullfighter

    Hate marketing-jargon-fluff-MBA-speak?

    Check this out. The irony of the source is easily half the joke.

    IBM's curt responses

    IBM's response to SCO's revocation of the AIX license is three paragraphs of concise english like, "IBM's Unix license is irrevocable, perpetual and fully paid up. It cannot be terminated. This matter will eventually be resolved in the normal legal process. "

    Their 18-page response to the Utah filing was just as terse, if I remember correctly.

    I change my opinion. This isn't going to get much uglier, fast. It's going to get uglier, slowly. I predict that if they don't settle, the case will not be finished before I'm out of school (May 2006).





    June 16, 2003

    Cahones

    Word on the street is that SCO actually revoked (or at least tried) IBM's AIX license.

    This should get much uglier. Fast.