Archive for May, 2006

US Supreme court overturns lower court ruling made against Ebay

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Arstechnica has an article on a report that the US Supreme court has overtuned a lower court ruling that an injunction should be issued against Ebay for the an infringement of online auction patents. The patents owned by MercExchange. One of which is a patent for the concept of an online auction site and the other for a direct-buy method which Ebay call “Buy it now”.

There were attempts by Ebay to license the patents in 2001, however they did not resolve and MercExchange have been in battle with the online auction giant ever since. Previously MercExchange was award $25 million dollars for the infringment on the “Buy it now” button and had won a ruling against ebay for the online auction concept but that has now been overturned.

This is a pretty massive judgment as Ebay is the difinitive online auction site. MercExchange didn’t even commercialise their models but still, Ebay could probably afford to pay whatever and continue on as long as an injunction ruling isn’t made.

It appears that Ebay may continue on as one of the worlds number one online agents for buying and selling of products with their release of Ebay express. Basically this is a non-auction arm of Ebay that allows sellers have their own online store without any expiration of time as an auction does. I will be endeavouring to become familiar with this feature and will report back to see how i go. Regardless of the fighting in court, ebay are on top and can leverage on customer base and an amazing business model to continue to rule the web in private and commerical buying and selling.

Creative sues Apple for portable media player interface patent infringement

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Arstechnica has and article on news that Creative is suing Apple for infrigment on their “Zen Patent”, which is a portable media player interface found on Creative Zen products. The patent (6,928,433), was awarded in 2005 as:

A method of selecting at least one track from a plurality of tracks stored in a computer-readable medium of a portable media player configured to present sequentially a first, second, and third display screen on the display of the media player, the plurality of tracks accessed according to a hierarchy, the hierarchy having a plurality of categories, subcategories, and items respectively in a first, second, and third level of the hierarchy

Basically, Apple iPods use this method and in 2002 was rejected their application for a patent for the method because Creative’s filing of the patent in 2001. Apple must have known they were treading on thin ice after that rejection, maybe they made the decision to continue on as only now has Creative made the complaint. Creative must have known before this time even though the patent was not award until 9 months ago that Apple have been infringing.

This to me points out that Creative have waited all this time for Apple to increase their share and make some money before they sue them for big bucks. Apple ipod products dominate the portable media market with around 80% share. This means that whilst Creative are number 2 in this industry, they are far far behind.

I’ve heard lots of Patent infringement stories, and one thing that is consistant is the inconsistancy of judgements made.

Magnolia - Movie Review

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Magnolia (1999) - Movie Review

Tagline
Things fall down. People look up. And when it rains, it pours.

magnolia.jpg

To summarise, this movie is a deep portrayal of the lives of multiple characters. Somehow they get intertwined, but not made to appear so for the entertainment of a movie.

There are no big twists to make you turn but instead a development of understanding of the lives of these characters being focused on. As the tagline suggests, things happen, and sometimes not for any particular reason but sometimes they do.

Lots of other movies that i’ve seen where there appears to be a build up towards a grand climax, is done to give an ending twist- which then renders the movie viewable only once with the same eyes, if that makes sense. I don’t think the sixth sense can be watched with the same eyes the second time.

In Magnolia we see the development of stories which build toward a grand climax. Magnolia differs from others however as whilst some of the points of interest are predicatable, the suspense is in how we see characters in the movie react to these moments not a revelation in storyline.

The acting and direction is in a perfect blend with the setting and content. We feel the pain, the happiness and the relief of those on screen. Movies where you want to see the reaction of characters to revelation in storyline appear with great emotion and understanding, we never feel left out.

I originally hired this film after hearing about Tom Cruise’s roll as Frank Mackey who is a basically theĀ  a “woman tamer” and god amongst men who don’t know how to play the game of getting to bed with women.

Cruise plays a character in only one story of several that this movie tells. His acting and emotion in this film is well deserved of his golden globe award.

Whilst this movie is quite deep in the way things intertwine, try not to think too hard about the background as you will miss the importance of the foreground. One hint, this movie isn’t cut up in different time sections, it is a story of one particular period of time displayed from start to finish.

I’ll try not to spoil this for you, but I do want to say, this 3 hour feature film is definately worth watching, keep a night free to watch it at your own lesuire. Don’t ruin being moved by a brillant film by watching it during conversation or before u go out on a night in the town.

The climax of this movie will display and event that is very out of place and i beleive was put in to make us just realise that some things happen, for no apparent reason- some need to be recognised throughly and some should just be left as a past event.

There is something there for all of us to take away, and for me personally, it has made me realise that saying that you regret something is not a bad thing to say. I’ve always thought regret is a waste as you don’t take decisions made and make something good out of them. But for some things, there is no good that comes out of it and i suppose we need to all acknowledge that these things happen. We can’t do anything more about them now and it’s ok to recognise what we have done wrong in the past regardless of our current situation.

Nobody is perfect and to say we regret decisions made is ok, as long as we recognise bad decisions as bad things and not always as “it was for the best”. It’s not about dwelling about the past, but more about recognition of something that was wrong and giving it the true recognition it deserves- especially if it has affected others you love.

The big quote from this movie is “We may be through with the past, but the past ain’t through with us”

This review has also been submitted to imdb.com

Grilled Snapper & Portuguese Chicken

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On saturday night i had some friends over for dinner. I originally had these two meal ingredients for me to eat by my self over the weekend but ate take out on friday night, thus had enough food for 4 on saturday night. I cooked two dishes, they are both very easy and very quick to make. It took me 45 mins to cook both of these dishes at the same time. Typically you would only make one and would take around 30mins each.Grilled snapper on a bed of mash with feature chunks, under hollandaise sauce and steamed veges on the side

Portuguese chicken breast on a bed of cous cous with steamed vegetables.

Backmasking - Song lyrics played in reverse

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A friend sent me a link to this site. It is a flash soundboard that plays some song lyrics in reverse where some sound like satanic messages. Here the site hard work is done for you. Try listening to the original, then the reverse version without the reverse lyric transcript. That’s the only way to really believe that what is said is transcribed.. it was too easy for me to just make the reverse lyric fit the reverse sound- purely because reverse sound isn’t very distinguishable usually. minteresting…

Prediction: New Game Traders at Garden City will not last 12 months

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I’m usually fairly accurate in predicting if a shop will not last .. especially at big venues like a Westfield shopping centre.

Game Traders seems to be new entrant into the video game retail market and offer trade-ins of games and consoles very similar to the ultra successful EB Games.

I have not even walked into the shop and i already know they aren’t going to last.

How do i know?

There are too many staff working. Especially during week days. Last time i walked past there were 4 people working, all just behind the counter having a chat. Now i’m just guessing here, but they are all people over the age of 21 by the looks of it and if they get around $15 odd dollars and they are working all day.. thats $480 of wages gone a day. Obviously i don’t know the specifics, but regardless of when i walked past, if there are 4 staff members standing around having a chat behind the counter- they don’t all need to be there.

Anyways, just so you know my previous predictions that have come true.. unfortunately for the retailer.

Previous:

Levi’s at Garden City - During Christmas, this shop never appeared busy.
Some Tea Kiosk - This was a no brainer, it looks to have another ice tea business there- they will go also.
LED shop Garden city - An LED shop, seriously, this shop would not be viable anywhere… an LED section in an electronic shop probably isn’t even viable use of space.

Future:
Any independant retail white box computer outlet at any Shopping Centre - The whitebox computer retail industry is an extreme price-based market. I honestly don’t believe these shops can work with such overheads.

Quiznos subs everywhere…
This is one franchise that had the opportunity to do something special, but has failed miserably. There may be some that can work interstate, but in qld, they are outta here. The city one has closed, the one at logan holme has closed.. and i’ll bet the one on Creek road towards carindale will not make it to their next birthday. too many staff, not enough marketing, or innovation in getting new customers in.

Clive Peeters
Now here is a big one, this is one massive electrical retailer. All i can say is, it was based on a brilliant business model but there are not enough head kickers in the upper management to make it work. Staff don’t even appear to try any more. If someone is listening there- trim your staff, pay the good ones that are left more, and push them to sell sell sell. Even after the sell, sell them again!

This business will not make it to the end of 2007. It’s brashs all over again.