Category Archives: Off Topic

Killing them softly with his sweet opinion♪

Adjudicator Ciel

This past Monday, the landmark patent law case, eBay v. MercExchange, was decided by the US Supreme Court. You can find the complete slip opinion here. Many other patent law blogs summarized the issue to its extremities and fine grain details, but you can look at it as one of the key battles between so-called patent trolls and big tech corporations in summary.

Surprisingly the Supreme Court came out with a fairly centrist opinion but ruled in favor of eBay (kind of) to vacate the appeals court decision. One of the axioms of the US Supreme Court in the mess that is patent law today was that each Supreme Court opinion messes with the overall structure, harming rather than helping patent litigators, prosecutors, investors and inventors. Why is that? It’s hard to say in short but it might have to do with making laws in the vacuum.

Thankfully this opinion isn’t likely to alter the landscape of law too much. While weakening what injunctions are for patent infringers today, the opinion seemed more corrective than authoritative. The normal elements of injunctive relief is still fully available as they were for decades, and at the discretion of the trial court. The two concurring opinions were very informative and Chief Justice Robert’s opinion re-nailed the opinion of the court:

“The decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with traditional principles of equity, in patent disputes no less than in other cases governed by such standards.”

The standards, on that note, are:

“(1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction. “

The surprise is just how the Supreme Court justices couched their positions. It seemed that this is one thing that the various justices tend to agree with, given its unanimous decision with two heavily-joined concurrences. Probably slightly less than exciting, overall, was this case given the hype it had. And all is good.


Gospel and Flow – Singing Waters, 2006

Donna and Steve are dear friends to many at my church. The two of them, their families, and several others make up what makes Singing Water Ministries so wonderful. Well, their relationships; with us, each other, and with Jesus.

Personally I know Steve better, even if I never really sat down and got to know him; just through what he preaches and friends that I do know who knows him, it makes some good memories. What doctrine that does get through sounds sound enough. Stepping into a place with God where you surrender your control? Reminds me of Pastor Randy’s preaching from down south.

But ultimately people from my church pigeon-hole the ministry of Singing Waters as “healing and deliverance.” It’s a big part of their ministry; bringing people to terms with their issues both through human means and through the Gospel and Power of God. Their fruits are evident in the people around me. It’s a powerful ministry, and all it is, is exercising simple obedience. It’s the kind of ministry that bears fruit every season. You can see real changes in people’s lives. As usual Steve preached on the fundamentals at one of the sessions this time around, and that is the other kind of doctrine that makes a big difference–the spirit, soul and body divide.

Their latest visit with us was interesting; they did not spend as much time ministering to individuals, but more at imparting ways to teach. Both Donna and Steve employed a very strong narrative in their preaching. It’s definitely different. When it works, it really works.


Okane Muyo GXP – NY International Auto Show

It’s good to be home.

Fuzzy Honda Light Show
(Apologies for the crap photos. The camera I used is probably worse than most phone cams–it’s a freebie from one of my dad’s training exercise giveaway. It uses SDRAM and doubles as a decent webcam; but once you remove the internal AAA batteries, you lose all photos stored. A fine pin-hole camera, on that note, even if it overexposes like crazy. Anyways, it’s not like you need my pictures; plenty of professional images of these babies online.)

Wednesday the week after seems to be a good day to visit the 2006 New York International Auto Show. It’s becoming an annual tradition for my father and I; especially now he works in the auto industry, it’s unavoidable. A grunt worker like him actually benefits the intel, and I got a bit of his sales pitch when we were doing “how fast can you fold down the back seats of an Odyssey?” versus “LOL I can fold down the back seat of a Sienna faster than you.”

But he’s good company; his perspective takes him to a weird place that’s something between a detached critic and a zealot Honda boy who doesn’t care for things like the S2000 or the Civic, si senor? I mean, which Honda boy doesn’t? So he isn’t one. Maybe until the 4-door ones come out :).

The first vendor we hit up greeted us over the PA with slightly accented English followed by “Konnichiwa, Minnasama” and the Japanese (for service?) was pretty surreal. Sadly most of their new Nissan models were the preproduction 2007 line, so we can’t even sit in them. The new Sentra GTR is way better than what my friend Steve drives, that said. I spotted the infamous X-Box360-mobile and took a shot, failing to locate the sweet new GTR prototype… That didn’t really bother us, all said and done. Infiniti’s simple offering reveals just how badass the M35/45 are when it comes to interior pimpage. So nice. We sat in the Q after that and the design just wasn’t up to standard with the new M’s. In retrospect we should’ve came back to Nissan some more, but oh well.

Toyota and Lexus offers much the same. Avalon is still a nice old fogie car, and it really makes you wonder if getting something like the new ES or GS is worth it. They are nicer, but are they worth the tags? The new LS is definitely really nice, but I don’t know if I can really appreciate the difference. In any event you can’t help but to compare them with the Infiniti M45…still doesn’t match up. And now that there’s no more MR2 or Celica, Toyota is eh.

Of course, the bad boys of Europe still offer the most affordable (at least they let you sit in the cars), top-of-the-line luxury. The innards of a Mercedes S550 is still remarkable. The BMW 650 is nice, but not that nice; considering they’re almost the same price-wise, eh. I’ll stick to a BMW 550 or just go for the M6. Which looks just like a M5 from the inside. They really like them paddle shifters, too! It’s in like every damn car.

We grazed through some of the American offerings on the top level. Woo Pontiac. Woo Dodge Woo Saturn. Woo Chrysler. The new ‘vette is not new anymore, so that’s pretty boring. They still don’t let you sit inside the viper. The Charger Super Bee is the cutest muscle car I’ve ever seen, and I think they’re copying the interior from the Mustangs, or something.

Around the bend and through what’s left of Saab is the land of Ford. Well, besides THEM APPLES. Mmmm apples. The A3 is as expected, and if you can bring the price tag down by a few notches it would really be a nice car to own for yuppies. Yuppies with paddle shifters and DSG and nice zoom-zoom…hmm. The Q7 is crap, that said; you would expect a high-end consumer label from Europe to pimp their ride better.

Before I forget I should also mention we breezed through Honda somewhere back there. We played black magic with the Fit’s back seats and we did the same with several other hatchback small-fries. I think a couple other cars came pretty close, like the A3, but dang, the Fit is Go–go stuff the hell out of it. Then again, the Aveo still starts a couple G’s below (even if it evens out once you add the safety options).

But yes, the land of Ford. And there is like, 20 Mustangs out there. All it did was confuse me because they all look different, some are even modded. I was like, “zomg where is the Shelby Mustang?” Oh, not that. Well, not too much excitement; we spent more time looking at the new sedans. Mazda wasn’t too exciting either; sat in the Shinka and the MX-5… it is more refined. I was kinda surprised at the Pontiac Solstice; the GXP model has like 350HP or something, and it looks just like a meaner MX-5 (with hardtop!) that cost just a tad more. It’s definitely an American alternative. Copying? It’s always good to have options at that level; even if when the newer cars can also be like crap (relatively), like the Saturn Sky Redline. All the more makes this really pretty baby hopeful. Com’on Mazda, you can do it!

Volvo is still boring, that said. I sat in a Lincoln Town & Country for a breather. Then I realized luxury only makes impression when you can excel at something truly special. Like having a mad amount of interior room; or awesome console design and ergonomics? Super leather work (yeah, Jag XK is badass)! Which automatically brings me back to the M.

Downstairs are where the trucks and SUVs are, plus some of the other vendors like Mitsubishi, Kia, Subaru, and VW. We did the tour fairly fast; played backseat magic with Sienna and Odyssey. And then there was ZOMG WHAT THE HELL IS THAT? The boothlady was doing a spiel on the new Dodge concept, which seemed to be the way they’re going. It’s basically out-Ridgeline the Ridgeline. Now that’s free market economics at its best. If you’re a car critic that rated the Ridgeline to be some badass thing even if everyone else you know bought a damned Avalanche, thank you. I look forward to hearing about the Rampage.

Some other notables include the VW Eon. It felt like something in between a Jetta and a low-end Passat. I guess if you think the TT isn’t for you, this will fit the bill. And yeah, paddles and DSG… Speaking of which, the GTI interior is rather nice, so if you’re looking to do that, you have my blessing.

The new WRX is more refined; but that doesn’t mean very much. The new Eclipse is also more refined…and that also doesn’t mean very much. The other surprise, as far as refinement goes, is the Subaru Tribeca. I always despised the car because it’s got an ugly rear, but the inside is really pimp. It almost reminded me some of the German copycats like the Mercedes R. For 3 and a half grand it’s a good deal. On the other hand the Kia Amanti went up in price but dropped a bunch of interior niceties. It also marks the first time I put my butt in a Rio. It’s not too bad.

We looked at some pickups, walked inside a Sprinter–my dad has some weird attachment to that car–took some pictures at the Toyota Nascar thing (just for you Zek!) and call it a day. We’ll skip the marketing up on the third floor and head home. Well, that’s not before stopping by Scion (they always have fun prototypes) by parking my rear in a tC and the Mazda thing outside across the street from Javits Center.

Kero-Chan Check style list:

  • Best Luxury Offering: Infiniti M45. Sweet design wins the day.
  • Most Innovative Vehicle: Dodge Rampage. Hopefully beating the Ridgeline
  • Best Prototype: Mazda Kabura. I want it already~
  • Biggest Crowd: Ford. People like them. They be from da hoods, yo!
  • Best Value: Pontaic Solstice, Porche Cayman S. I didn’t know they were so “cheap”!
  • Coolest Car: Audi RS4. Dang, man.
  • Interesting New Pick: Acura RDX. It’s CR-V Si.
  • Best Looking Car: Charger Super Bee, Audi S4. I’m a sucker for classic.
  • What’s In: paddle shifters, GPS
  • What’s Out: gadgets, exotics and pure sports.
  • What’s missing: Nissan GTR prototype, the new Lamborghini

Law of the Blog?

Do you think, for us American bloggers with our sites hosted in the US, with an English, non-discriminating (aside from subject matter) audience, are we entitled to our First Amendment rights? Do we violate copyrights by including caps, lyrics, quotes from other texts (commonly other blogs, news, wikis, etc)? How about music? Designs (like a WP theme)? How about flaming and things like that?

IMO they’re all valid questions–just where the line is drawn? Obviously there’s little in terms of previous instances where a court said something. Blogging is generally new. We all know the Internet is the super copyright infringement machine, and even in that area of law the dust is far from settling. The niche that bloggers belong to seems like the least of all worries. Just how marketable are blogs? I guess they are as long as you’re not comparing them to selling CDs and DVDs.

I don’t have any real answers. What I’m trying to get at is that are two opposite but converging perspectives to look at the issue: free speech versus copyright. At times these two views are in conflict, but that’s rare; usually they mind themselves. But just when should good faith and interest in free expression overcome commercial interests?

After all, ultimately as long as you’re not just doing detail summaries with screen caps, you are probably putting a lot of copyright-able material into your blog. That’s good. It’s important to cite back either with a simple text saying where, or a trackback, or whatever, when you cop something. It is good to avoid plagerism. But neither is the case we worry about usually; or rather, it’s the opposite. We don’t want to be just merely pawning off pretty pictures from anime to “generate a lot of site traffic” or merely retelling a textual by-the-book synopsis as a public resource. There may be places for that, but are those uses “fair”? Is the world a better place without blogs telling you what’s hot in Japan so you can infringe copyright in a smart and efficient manner?

I don’t know. But it’s good to look on the other side of the coin every now and then.


Philly Film Fest Shakedown

Chilling rain and wind did not deter me and my MT folks (plus an old friend) to show for the 15th Philadelphia Film Festival this year, running for the past two weeks and ending on Tuesday. We caught 3 films…

Hell – This Thai slash film details the torment of hell in a Tao/Buddhist perspective. For a Thai film it’s rather well done, IMO, but it’s holey and not to be taken seriously. I thought it was amusing in exposing a western audience (at the showing, anyways) to a rather classical Tao/Buddhist perspective to afterlife. I suppose you could take it seriously and it would have the right effect too. Mostly good for the laughable moments but otherwise eh.

American Dreamz – An Universal film, so it’s got some stars like Hugh Grant and Mandy Moore. Aside from the political jabs, it’s really entertaining and I felt it didn’t come off as preachy or too tongue in cheek. Well acted satire where the various actors put in a good balance of “the camp” and “the serious” to give us the semi-soft look at, first and foremost, the American Idol situation.

Tokyo Zombies – A 2005 Japanese film, but amongst the Zombie Genre meta remakes, this is possibly the best lampoon yet. Simply put, the first half of the film deals with the chaos when “Black Fuji”–a Mt. Fuji-sized landfill turned its ill-buried corpses and chemicals–erupted with armies of zombies which can only be killed by decapitation. Our heroes enjoyed a relationship similar that of a master and apprentice, which turned south when the master lost his fleeting life while saving a (random) girl from the undead horde. It’s sublime humor mixed with the style of movie storytelling that Japan is best known for. The second half of the film is just OUT THERE and it completes the circle of lampooning.

This year’s offering of comedy is superb. I was impressed by American Dreamz and even if TZ didn’t cater to me, it was great. If you want to know more about the films please visit the Film Fest site for more details.