rikkitikkitavi: MyKingdomForYourHorse: I go with the Nip Tuck methodology. Paper bag, lights off, and like driving my hands remain at ten and two

FYI, the new driver's ed rule is "8 and 4".

/  have a teen driver.
// family dining has a new DD

I learned something today, thank you Fark!

sjmcc13: Theaetetus: sjmcc13: No, I read more. I just understand the stuff well enough to notice that a lot of apples patents should never have been issued. Many of the things apple was listing off in the design patents suits were things that came from merging a cell phone and a PDA (which is all an iPhone is, and that is NOT something apple cameup with). or were functionally necessary and/or forced choices.

If they were functionally necessary and/or forced choices, then by definition, Samsung couldn't have made non-infringing smart phones and tablets, such the Galaxy Tab 10.1N, which doesn't infringe, or this sucker:
[2.bp.blogspot.com image 450x362]

They are making different designs because different people want different options. If they want to market to all demographics they have to design phones for each demographic. This is the same thing in pretty much every industry.

But that can't be true, since you said that those design options were functionally necessary or forced. An option is functionally necessary if it can't be changed without impairing function, but you say that people want different options, so unless there are people who want broken phones, then those can't be "functionally necessary" options.

To a fair number of people that phone would not be desirable since the slideout keypad is only a benefit to those who need physical keys, and is a flaw to to many others as it it an extra point where the phone can and will break due to it creating a structural weak point.

Sure. But hence it's not a functional necessity, and just a design choice.

The problem is that apple is trying to claim all the design space for what certain demographics will want as their own.

I think Samsung's sales of the N1 would disagree with that.

Your example is akin to looking at a car company and saying this 2 seat sports card is obviously copying my 2 seat sports car, and the other guy obviously chose to copy me since he also makes a 4 seat family car. you are trying to justify something as being true, but it relies on the system not being broken, and unfortunatly it is F-ing broken as all hell. and the people makign mone of it do not want to change it.

Not at all - the Galaxy Tab 10.1N differs from the 10.1 only in that the bezel wraps around rather than being flush. This is akin to having a 2 seat sports car with oval headlights vs. one with with square headlights. Neither is "broken", and people may legitimately prefer one design over the other.

The same thing happens in software when someone claims another guy stole their program, because they both do the same thing in similar ways, but then it turn out that both based their work on the same text books/ papers, and the similarities are almost all things that came from the shared source material.

That's a different issue, since you're no longer talking about designs or functionality. Instead, now you're talking about derivation and (by analogy) prior art, which is a whole 'nother argument.

The problem with the tech industry patents suits is that the only people who are actually qualified to judge them are the academics who are teaching and grading the base material, sinc they are the ones who are aware of just how similiar indipendently developed code/circuits/etc can be when you just give someone a problem description to solve. The vase majority of these patent suits are cases that should be thrown out since they rely on the system not working in the first place.

Those same academics serve as experts in the patent suits. And again, you're no longer talking about design patents - the design of Apple's iPhone doesn't rely on phones not working before their design existed.

Youngest self made female billionaire is a thief? Who knew?

I am just stunned that Spanx has a value of over $1 billion. Props to the founder for her marketing and hard work, but it's such an obvious idea.

If only I'd thought of patent trolling first, I wouldn't have to get up so early, and go outside in the cold to picket dead people's memorials. And probably make more money too.

FarkinHostile: Theaetetus: fozziewazzi: But there will be plenty of guys with either well-paying, well regarded or 'interesting' jobs...whether they have them or not.  Why?  Because when you're trying to pick up women, it works we haven't yet implemented laws that say that fraudulently obtained consent to sex does not count.

FTFY.

Please tell me you're not advocating making lying to get laid as Rape.

I can see cases where it's reasonable. If you intentionally deceive someone, knowing that they would not consent to sex with you had they known the truth, that seems pretty despicable. Also, Tennessee and California both have rape by fraud statutes.

Another Article:

http://www.cnbc.com/id/100553627

Looks like Yummie Tummie designed their product in 2008 and patented it in 2009 with a design patent (not utility). Spanx designed theirs in 2005 and are now suing Yummie Tummie in a counter suit.

ManRay: I am just stunned that Spanx has a value of over $1 billion. Props to the founder for her marketing and hard work, but it's such an obvious idea.

You'd think that, if you think it's just "underwear" or "spandex support garment", but the real innovation comes in how its formed in a seamless manner with specific direction fabric in certain portions. They really were a big jump over your grandmother's support garments.

fozziewazzi: Theaetetus: fozziewazzi: But there will be plenty of guys with either well-paying, well regarded or 'interesting' jobs...whether they have them or not.  Why?  Because when you're trying to pick up women, it works we haven't yet implemented laws that say that fraudulently obtained consent to sex does not count.

FTFY.

Honestly, though, if you're so boring that you have no external interests to point to and have to fall back on work, and then your work is so lame that you have to lie about that, you probably shouldn't be in the dating pool anyway.

Why is the onus on men?  If women weren't so caught up in what men do, what they earn and how much they own, men wouldn't have to lie.

And if men weren't so obsessed with how a woman looks above all else, they wouldn't need spanx, push-up bras and half a pound of make-up.

But that's not the reality and never has been.  So men and women play the game.

We aren't. They just assume we are and won't shut up long enough for us to tell them so.

Theaetetus: FarkinHostile: Theaetetus: fozziewazzi: But there will be plenty of guys with either well-paying, well regarded or 'interesting' jobs...whether they have them or not.  Why?  Because when you're trying to pick up women, it works we haven't yet implemented laws that say that fraudulently obtained consent to sex does not count.

FTFY.

Please tell me you're not advocating making lying to get laid as Rape.

I can see cases where it's reasonable. If you intentionally deceive someone, knowing that they would not consent to sex with you had they known the truth, that seems pretty despicable. Also, Tennessee and California both have rape by fraud statutes.

I would love to hear more about this.  Is there an actual case?  If every man that lied to get laid was found guilty of rape, the jails would be packed.

The Evil That Lies In The Hearts Of Men: Another Article:

http://www.cnbc.com/id/100553627

Looks like Yummie Tummie designed their product in 2008 and patented it in 2009 with a design patent (not utility). Spanx designed theirs in 2005 and are now suing Yummie Tummie in a counter suit.

Although, interestingly, it doesn't look like Spanx are asking for declaratory judgement that the patents are invalid, just that they don't infringe because of "significant differences".

I find this interesting because I'm led to believe that in the fashion industry there has always been a lot of "borrowing" going on.  Designer X comes out with some new dress design and designer Y comes out with something similar the next season.  In the meantime, designer X gets more "imitation is the sincerest form of flattery" cred and moves on to their next design.

Is this patent stuff new to fashion or what?

someone say spandex?

Marcus Aurelius: FarkinHostile: Twice now I have been unpleasantly surprised by the lie

How much can you hide in one of those things?  Volume can only be redistributed.

You know how, when you suck your gut in, your chest expands and you can't breathe as deeply?

You know how men like it when women with big chests get short of breath?

Seriously, though - I've never worn them, but it looks like they wouldn't be sturdy enough to function like an honest to goodness corset. (If you were sucking it in, you'd still have to remember to use your abdominal muscles) but it would serve to smooth out one's appearance - turning a muffin-top into a smooth, linear, if slightly thicker profile.

It would probably also be helpful with post-pregnancy loose skin.

Compression garments also help reduce swelling after lipo. I wonder if these can be used that way?

It's like Hanes suing FTL for making similar styles of underwear.

Only in this case one of the companies has a name that ruined their chances at success. Spanx is a unique name that works better than Yummy Tummy. Yummy Tummy is more like what you'd put on a antacid or BBW porn. You've had 13 years to bring up this "patent" of questionable legitimacy, as fashion designers churn the market for just the reason they cannot copyright their designs. They will, however, come after you with knives if you mimic a logo or initials.

fozziewazzi: Theaetetus: FarkinHostile: Theaetetus: fozziewazzi: But there will be plenty of guys with either well-paying, well regarded or 'interesting' jobs...whether they have them or not.  Why?  Because when you're trying to pick up women, it works we haven't yet implemented laws that say that fraudulently obtained consent to sex does not count.

FTFY.

Please tell me you're not advocating making lying to get laid as Rape.

I can see cases where it's reasonable. If you intentionally deceive someone, knowing that they would not consent to sex with you had they known the truth, that seems pretty despicable. Also, Tennessee and California both have rape by fraud statutes.

I would love to hear more about this.  Is there an actual case?  If every man that lied to get laid was found guilty of rape, the jails would be packed.

Hey, 30 years ago in most states, raping your spouse wasn't a crime. Times change. Maybe men shouldn't be lying to get laid.

RatOmeter: I find this interesting because I'm led to believe that in the fashion industry there has always been a lot of "borrowing" going on.  Designer X comes out with some new dress design and designer Y comes out with something similar the next season.  In the meantime, designer X gets more "imitation is the sincerest form of flattery" cred and moves on to their next design.

Is this patent stuff new to fashion or what?

Somewhat... It's becoming more prevalent as a result of a Federal Circuit decision on design patents a few years back. Utility patents on clothing are difficult, because it's tough to come up with a new technical innovation, though there are some. Design patents are more like trade dress and focus on look and feel, though (but they still have to be new), so it's a bit easier.
Also, fashion moves really quickly - if it takes 3-5 years to get a patent, it better be on something really major, rather than just styles from 2008.

wildcardjack: You've had 13 years to bring up this "patent" of questionable legitimacy, as fashion designers churn the market for just the reason they cannot copyright their designs. They will, however, come after you with knives if you mimic a logo or initials.

The patent was from 2008. It's been 5 years.

I would have thought such a patent was originally held by a sausage casing company.

Theaetetus: FarkinHostile: Theaetetus: fozziewazzi: But there will be plenty of guys with either well-paying, well regarded or 'interesting' jobs...whether they have them or not.  Why?  Because when you're trying to pick up women, it works we haven't yet implemented laws that say that fraudulently obtained consent to sex does not count.

FTFY.

Please tell me you're not advocating making lying to get laid as Rape.

I can see cases where it's reasonable. If you intentionally deceive someone, knowing that they would not consent to sex with you had they known the truth, that seems pretty despicable. Also, Tennessee and California both have rape by fraud statutes.


Well, I'll say one thing: You're consistent.

Ridiculous, but consistant.

fozziewazzi: I would love to hear more about this. Is there an actual case? If every man that lied to get laid was found guilty of rape, the jails would be packed.

The ones i know of tend to involve instances of medical fraud - i.e a "doctor" tells a gullible and sick individual that the sex if for thier health, or that they will be inserting a device but it is in fact mister happy.  See, e.g., People v. Minkowski, 204 Cal. App. 2d 832 (1962).

FarkinHostile: Well, I'll say one thing: You're consistent.

Ridiculous, but consistant.

ಠ_ಠ

Theaetetus: Maybe men shouldn't be lying to get laid.

"Hello, attractive woman.  I race cars."

"I conditionally consent to intercourse with you, racer-guy."

*The next morning she finds out you race go-karts*

"I'm filing rape charges."

Theaetetus: FarkinHostile: Well, I'll say one thing: You're consistent.

Ridiculous, but consistant.

ಠ_ಠ

Take it as a complement.

Teiritzamna: fozziewazzi: I would love to hear more about this. Is there an actual case? If every man that lied to get laid was found guilty of rape, the jails would be packed.

The ones i know of tend to involve instances of medical fraud - i.e a "doctor" tells a gullible and sick individual that the sex if for thier health, or that they will be inserting a device but it is in fact mister happy.  See, e.g., People v. Minkowski, 204 Cal. App. 2d 832 (1962).

There was also a Massachusetts case that got dismissed (because we don't have a rape by fraud statute), in which a guy snuck into his brother's wife's room and cozied up to her like he was the husband, slipped it in, and then she looked up and saw it was him and freaked out.

tricycleracer: Theaetetus: Maybe men shouldn't be lying to get laid.

"Hello, attractive woman.  I race cars."

"I conditionally consent to intercourse with you, racer-guy."

"Huh. That's an odd answer that should give me reason to pause and reflect... You 'conditionally consent', so not fully and without reservation? Y'know, I'mma go talk to that woman instead."

tricycleracer: Theaetetus: Maybe men shouldn't be lying to get laid.

"Hello, attractive woman.  I race cars."

"I conditionally consent to intercourse with you, racer-guy."

*The next morning she finds out you race go-karts*

"I'm filing rape charges."

I prefer:

Meet hot looking chick at bar, take her home, wake up in the morning next to a hose beast, file rape charges.

Theaetetus: fozziewazzi: Theaetetus: FarkinHostile: Theaetetus: fozziewazzi: But there will be plenty of guys with either well-paying, well regarded or 'interesting' jobs...whether they have them or not.  Why?  Because when you're trying to pick up women, it works we haven't yet implemented laws that say that fraudulently obtained consent to sex does not count.

FTFY.

Please tell me you're not advocating making lying to get laid as Rape.

I can see cases where it's reasonable. If you intentionally deceive someone, knowing that they would not consent to sex with you had they known the truth, that seems pretty despicable. Also, Tennessee and California both have rape by fraud statutes.

I would love to hear more about this.  Is there an actual case?  If every man that lied to get laid was found guilty of rape, the jails would be packed.

Hey, 30 years ago in most states, raping your spouse wasn't a crime. Times change. Maybe women shouldn't be lying to get laid.

FTFY

It goes both ways dickhole.

ReverendJynxed: Theaetetus: fozziewazzi: Theaetetus: FarkinHostile: Theaetetus: fozziewazzi: But there will be plenty of guys with either well-paying, well regarded or 'interesting' jobs...whether they have them or not.  Why?  Because when you're trying to pick up women, it works we haven't yet implemented laws that say that fraudulently obtained consent to sex does not count.

FTFY.

Please tell me you're not advocating making lying to get laid as Rape.

I can see cases where it's reasonable. If you intentionally deceive someone, knowing that they would not consent to sex with you had they known the truth, that seems pretty despicable. Also, Tennessee and California both have rape by fraud statutes.

I would love to hear more about this.  Is there an actual case?  If every man that lied to get laid was found guilty of rape, the jails would be packed.

Hey, 30 years ago in most states, raping your spouse wasn't a crime. Times change. Maybe men andwomen shouldn't be lying to get laid.

FTFY

It goes both ways dickhole.

FTFY. It goes both ways, hypocrite.

@ Theaetetus

Patent law question - if someone patents something and then just sits on the patent for years on end without using or enforcing it, and during that time other companies (knowingly or not) implement the technology covered by the patent into widely used products - can the patent holder wait for their tech to become standard before letting everyone know they own the patent?

The Stealth Hippopotamus: spandex can be a good thing.

[img688.imageshack.us image 274x700]


True more often than not it isn't

At least someone is making full use of the thread.

Theaetetus: tricycleracer: Theaetetus: Maybe men shouldn't be lying to get laid.

"Hello, attractive woman.  I race cars."

"I conditionally consent to intercourse with you, racer-guy."

"Huh. That's an odd answer that should give me reason to pause and reflect... You 'conditionally consent', so not fully and without reservation? Y'know, I'mma go talk to that woman instead."

All consent is conditional.  She might come home with you and see all your Star Wars toys and leave.

Sounds like someone got their panties in a bunch...

The Evil That Lies In The Hearts Of Men: @ Theaetetus

Patent law question - if someone patents something and then just sits on the patent for years on end without using or enforcing it, and during that time other companies (knowingly or not) implement the technology covered by the patent into widely used products - can the patent holder wait for their tech to become standard before letting everyone know they own the patent?

Link

Theaetetus: fozziewazzi: Theaetetus: FarkinHostile: Theaetetus: fozziewazzi: But there will be plenty of guys with either well-paying, well regarded or 'interesting' jobs...whether they have them or not.  Why?  Because when you're trying to pick up women, it works we haven't yet implemented laws that say that fraudulently obtained consent to sex does not count.

FTFY.

Please tell me you're not advocating making lying to get laid as Rape.

I can see cases where it's reasonable. If you intentionally deceive someone, knowing that they would not consent to sex with you had they known the truth, that seems pretty despicable. Also, Tennessee and California both have rape by fraud statutes.

I would love to hear more about this.  Is there an actual case?  If every man that lied to get laid was found guilty of rape, the jails would be packed.

Hey, 30 years ago in most states, raping your spouse wasn't a crime. Times change. Maybe men shouldn't be lying to get laid.

And maybe women shouldn't be wearing body-shaping underwear to entice men to spend time and money on them?  And obese women that have lost a ton of weight and is maintaining it on a near starvation diet should disclose that before it gets really serious?  Deception works both ways.

fozziewazzi: And maybe women shouldn't be wearing body-shaping underwear to entice men to spend time and money on them?


Spanx is rape.


/Survivor

Theaetetus: ReverendJynxed: Theaetetus: fozziewazzi: Theaetetus: FarkinHostile: Theaetetus: fozziewazzi: But there will be plenty of guys with either well-paying, well regarded or 'interesting' jobs...whether they have them or not.  Why?  Because when you're trying to pick up women, it works we haven't yet implemented laws that say that fraudulently obtained consent to sex does not count.

FTFY.

Please tell me you're not advocating making lying to get laid as Rape.

I can see cases where it's reasonable. If you intentionally deceive someone, knowing that they would not consent to sex with you had they known the truth, that seems pretty despicable. Also, Tennessee and California both have rape by fraud statutes.

I would love to hear more about this.  Is there an actual case?  If every man that lied to get laid was found guilty of rape, the jails would be packed.

Hey, 30 years ago in most states, raping your spouse wasn't a crime. Times change. Maybe men andwomen shouldn't be lying to get laid.

FTFY

It goes both ways dickhole.

FTFY. It goes both ways, hypocrite.

Not hardly, I added the WO and left your original. Non-correction to a correction. Nice try but you still fail coont.

The Evil That Lies In The Hearts Of Men: @ Theaetetus

Patent law question - if someone patents something and then just sits on the patent for years on end without using or enforcing it, and during that time other companies (knowingly or not) implement the technology covered by the patent into widely used products - can the patent holder wait for their tech to become standard before letting everyone know they own the patent?

That depends on who he is answering for. If it is in defense of such actions which will make him money then yes. If it makes him money to deny it, then no.

If Spanx are outlawed, how will obese divorcees get their free dinners?

The Evil That Lies In The Hearts Of Men: @ Theaetetus

Patent law question - if someone patents something and then just sits on the patent for years on end without using or enforcing it, and during that time other companies (knowingly or not) implement the technology covered by the patent into widely used products - can the patent holder wait for their tech to become standard before letting everyone know they own the patent?

Yes and no... Unlike trademarks, there's no requirement that you police your patent. So, yes, they can wait and then pop up with the patent.
... however, the laches doctrine applies: if you sit on the patent for a long time or delay prosecution, then you can lose the ability to enforce the patent.
So, yes and no - the distinction lies in whether the patent owner was diligent in prosecuting the patent, and whether they acted in a reasonably quick time when they found out about the other companies. You can't say "oh, ho, I've got this patent that covers YouTube... I'll wait until they're the biggest, richest company out there, and then sue them for damages all the way back to when they started." You can, however, say, "holy shiat, my patent covers YouTube? I didn't realize that until just now. I better call them."

FarkinHostile: fozziewazzi: And maybe women shouldn't be wearing body-shaping underwear to entice men to spend time and money on them?


Spanx is rape.


/Survivor

I feel for you.  My brother is a survivor.  Whenever he tells the story he has that PTSD thousand-yard stare as if he's reliving the horror again.

tricycleracer: Theaetetus: tricycleracer: Theaetetus: Maybe men shouldn't be lying to get laid.

"Hello, attractive woman.  I race cars."

"I conditionally consent to intercourse with you, racer-guy."

"Huh. That's an odd answer that should give me reason to pause and reflect... You 'conditionally consent', so not fully and without reservation? Y'know, I'mma go talk to that woman instead."

All consent is conditional.  She might come home with you and see all your Star Wars toys and leave.

Yeah, and if you stop her from leaving and rape her anyway, you can't claim "but she came home with me" as your defense.

Brian Ryanberger: If Spanx are outlawed, how will obese divorcees get their free dinners?

Sucking cock in the alley way after last call, like nature intended itself.

Why do you think Taco Bell has fourth meal?

Theaetetus: tricycleracer: Theaetetus: tricycleracer: Theaetetus: Maybe men shouldn't be lying to get laid.

"Hello, attractive woman.  I race cars."

"I conditionally consent to intercourse with you, racer-guy."

"Huh. That's an odd answer that should give me reason to pause and reflect... You 'conditionally consent', so not fully and without reservation? Y'know, I'mma go talk to that woman instead."

All consent is conditional.  She might come home with you and see all your Star Wars toys and leave.

Yeah, and if you stop her from leaving and rape her anyway, you can't claim "but she came home with me" as your defense.

Well, duh.

What I don't agree with is having a rape charge filed against me because she checks IMDB in the morning and finds out I wasn't Matt Damon's stunt double in the Bourne movies.

fozziewazzi: Go to any club and try to overhear the conversations as guys try to hook up.  You won't find any retail check-out clerks, insurance claims agents or unemployed men.  But there will be plenty of guys with either well-paying, well regarded or 'interesting' jobs...whether they have them or not.  Why?  Because when you're trying to pick up women, it works.

I had no issues whatsoever with the honest retail answer. Most guys are just pussies, so it's going to take a lot of deception to prevent the woman from discovering her upcoming team change.

jfivealive: Dear douche who wrote that article:

When reporting on such a subject as patent infringement with regards to tangible items, you may want to include images of both types of items in the article.  You could even place these items side by side so the reader could form their own opinion on whether the lawsuit had merit or was frivolous.  Way to suck ass fark face.

Dear dumbass Farker,

Reporters don't do page design, page layout, or, for that matter, write headlines. They don't take photos (well, these days they might, due to cheapass employers), they don't decide if photos will run with the story, and they don't decide where any photos will be placed.

FarkinHostile: "That is not her natural hair color or length.
Those are not her real fingernails.
She doesn't look like that after a shower and she washes off her makeup.
Shes lied to you three times before you even spoke."

But that IS her gut that was hidden under that elastic fabric, so make it 4 lies.


The person who invented spanx should be shot in the head. Twice now I have been unpleasantly surprised by the lie.

I can't find it through a GIS at work, but this post reminded me of the Bloom County comic where some woman is talking about all the ways she's not really as she appears while Bill the Cat stands behind her unzipping a man costume.

Tsar_Bomba1: [www.8thcivic.com image 483x620]

Is that... six water marks?