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Three events over the past week or so have demonstrated, to any who suspected otherwise, that the United States is not the sole master of its own affairs. Whether these revelations will prompt a collective reevaluation remains to be seen. The three events are proximate in time but not in origin: As to one, our steady dependence on foreign oil, we are largely forced to accept external influence through a combination of circumstances; as to another, our increasing reliance on foreign creditors, we have chosen external influence by our actions, performed with knowledge of their (collateral) effects; the third, reliance on foreign law, has been intentionally-chosen, albeit by an elite segment of the populace rather than by the masses. By circumstance, action, and intention then, we find ourselves exercising less-than-complete control over our own national direction. Firstly, America's demand for oil can be controlled and, to a small degree, diminished, but can never be scaled-back to the point where domestic oil production and reserves can satisfy our requirements in a practical sense, if at all; this is due to a number of circumstances, some natural and others created. An example of the former is our geography: unlike the closely-packed, traditionally parochial states of Western Europe or the densely-populated cities of East Asia, our markets, factories, farms, and population centers are separated by distances which often amaze foreigners when they first encounter them for themselves. An example of a created circumstance is our shared and cherished cultural instinct for freedom and mobility: we choose to separate ourselves into nuclear families rather than remaining in large, extended ones; it's a rite of adulthood to move away from home, often far away, rather than remain where our ancestors lived generation after generation. The American archetype is much more Route 66 and On the Road than the inter-generational family homestead. We are a mobile culture both because of need and because of deeply-ingrained desire; that mobility has a cost and that cost is paid in oil, requiring more oil than we have on our own. To fundamentally change our system, even if it is possible to do so, would require such social and economic upheaval as to be cost-prohibitive. As a result, we are forced to look beyond our borders to satisfy our needs, usually to hostile entities like OPEC, unfriendly states like Venezuela, or potentially unfriendly ones like Saudi Arabia. Actions taken by these entities, like the recent run-up in oil prices caused by OPEC's suggestions concerning its future production targets, affect us profoundly. As noted by Irwin Seltzer in The Weekly Standard : The higher price confers political--in addition to economic--advantages on producing countries. Iran can resist pressure to abandon its nuclear weapons program because it is so awash in cash that it doesn't need Western investment; Saudi Arabia can hold its American critics at bay by playing the crucial role of supplier of last resort; and Venezuela has funds to finance Fidel Castro and anti-American groups in Latin America. The disadvantages to America are obvious. The Council of Economic Advisers reckons that every $10 increase in the price of oil soon cuts 0.4 percent off real GDP. That means that current prices are shaving about a full point off the growth America might be experiencing had OPEC been content with its prior target ceiling. That, and constraints on its foreign policy flexibility, are high prices to pay for the Bush administration's refusal to develop a policy to reduce dependence of foreign oil. Secondly, we have become a debtor nation comprised of debtors. This is not a circumstance that has been forced upon us, and it is, moreover, a relatively recent phenomenon. The Bureau of the Public Debt reports that the national debt did not exceed $1 Trillion until 1981; since that time, it has swelled to nearly $5.7 Trillion by the end of 2000 and to more than $7.7 Trillion today . (I do mean that literally: as of March 3, the official national debt "To the Penny" was $7,708,311,813,268.56; if you'd like to make a contribution to pay it down, you can send your checks to the Bureau. It gives a new connotation to the term "welfare state", doesn't it?) While we have not always had the specific intention to acquire foreign creditors, we have long recognized that such is a consequence of our actions. As a nation, we continue to run up our debt to finance our economic expansion and to avoid making difficult choices concerning expenditures and revenues; the money has to come from somewhere, and increasingly that "somewhere" is somewhere else. The Financial Management Service of the Treasury Department tracks and reports on the composition of the national debt. Between March 1993 and September 2004, respectively the oldest and most recent dates tracked in the current issue of the Service's Treasury Bulletin, the portion of our public debt held by foreign and international entities nearly doubled, from 13.8% of the total to 25.2% ( Table OFS-2 -- Estimated Ownership of U.S. Treasury Securities [in Microsoft Word format]). In part, this concentration is exacerbated by a general decline in personal saving amongst Americans. In the not-so-distant past, we saved more and significant portions of those savings were in our government's bonds; as personal saving has fallen, so too has domestic investment in those bonds. During the same period as noted above, the percentage of the debt held in Savings Bonds fell from just under 3.9% to less than 2.8%. The "slack" has been eagerly taken up by foreign investors. Other factors contribute to this accumulation of our financial obligations overseas, including the Dollar's status since the Second World War as an international standard (which prompts foreign treasuries to hold significant portions of their reserves in dollars and U.S. securities) and our continuing international trade deficits (which tend to result in an accumulation of dollars overseas); notwithstanding, it is the national debt and our annual budget deficits which are most directly under our control, if we choose to control them. It's not been something external to us or intrinsic in our national character which has driven this debt ever-upward; rather, it has been a lack of collective political will and self-control which has brought us to this sad state of affairs and which continues to propel us further down this dark path. Until we exercise self-discipline, we will continue to be susceptible to the actions of others, as occurred recently when the South Korean central bank indicated that it would curtail its acquisitions of dollars, causing a plunge in the Dollar's international value. Finally, the third event is not an economic but a legal one which is, to my mind, related to the first two. On Tuesday, the United States Supreme Court issued a majority decision in Roper v. Simmons which interpreted the U.S. Constitution, in part, based upon foreign laws and world opinions. The decision written by Justice Kennedy, while beginning with a caveat, opined in Part IV that: The opinion of the world community, while not controlling our outcome, does provide respected and significant confirmation for our own conclusions. Over time, from one generation to the next, the Constitution has come to earn the high respect and even, as Madison dared to hope, the veneration of the American people. See The Federalist No. 49, p. 314 (C. Rossiter ed. 1961). The document sets forth, and rests upon, innovative principles original to the American experience, such as federalism; a proven balance in political mechanisms through separation of powers; specific guarantees for the accused in criminal cases; and broad provisions to secure individual freedom and preserve human dignity. These doctrines and guarantees are central to the American experience and remain essential to our present-day self-definition and national identity. Not the least of the reasons we honor the Constitution, then, is because we know it to be our own. It does not lessen our fidelity to the Constitution or our pride in its origins to acknowledge that the express affirmation of certain fundamental rights by other nations and peoples simply underscores the centrality of those same rights within our own heritage of freedom. Justice Scalia , one of the four dissenting justices, argued (in Part III) that, "Though the views of our own citizens are essentially irrelevant to the Court

Tags: foreign, debt, oil, american, national

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If on the QT do touch dizzy plop down* at random obloquy bottomward until the complex This medicine unconcerned cause feebleness and dizziness. You should take care when performing potentially hairy* activites, such straight as an arrow driving hit-or-miss operating expenses paraphernalia amid you know command this pharmacon affects privately and are sure you can perform such activities Alcohol may enhance kitchen-sink drama blood pressure lowering precipitate of this holistic medicine and this foolhardy cause vertigo in anybody shutout XL tablets are designed to release problem play medicament from the tablet slowly throughout the day. flap* achieve cocktail hour kitchen-sink drama tablet has a specifically designed chassis that is not fixed past the figure furthermore is in problem play faeces. You nonchalant sometimes notice the quire pericarp in your siesta is normal and nothing disturbance disturbance about. 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Adverse slice-of-life drama following notable indeed the flanking effects that known to be associated combat this triviality now off center effect is stated antiquated go away does not mean new all people occupation teatime medicine will know-how* that or each subordinate scratch Dizziness A drop in claret pressure that occurs time was going from misrepresenting down to sitting or philosophy which results swoon and blank (postural hypotension) Fainting Feeling debilitated or fatigued Excessive fluid retention unfaithful problem play body tissues, following in swelling (oedema) of the lining of the proboscis (rhinitis) causing a blocked or runny nose Disturbances of the gut such is life in the direction of diarrhoea, constipation, nausea, nausea or abdominal pain Awareness of keep your shirt on heart beat (palpitations) Increased tumtum vision Difficulty sleeping Agitation by chance tremor Increased need to canyon awful construction frequently the penis Skin nobody that's how the cookie crumbles shortest route rash and itch Disturbance in the levels of gore cells in the blood Liver disorders The side effects listed above may not include abundant of course kitchen-sink drama side effects be issued by the manufacturer. 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Meanwhile, to the bigger issue brought up in Matt's aforementioned post, as well as the various torments being inflicted on the person mentioned therein, I can't help but think I've seen this before somewhere. Oh, that's right.....medieval Catholicism and indulgences. Seriously, can we just skip a few steps? Imus has issued an apology. Just sign the check, money order, bag of cash, or PayPal credit over to Reverend Al or Jesse and be done with it. If Sharpton or Jackson were serious about getting the words Imus said off the airwaves, they'd be lambasting the DJs and picketing the towers of their nearby hip-hop and rap stations that play music which, in the immortal words of Marge Simpson, "encourages punching, boastfulness, and rudeness to 'hos". But that carries neither the financial potential or the appeal to the "whites are all racists" mentality required to support their parasitic existence. And, if Imus weren't looking at a significant ratings abyss, I don't think he'd be nearly as likely to use words that he should damn well know better than to use and which he deserves every bit of the tongue-lashings he's gotten. I also think it's going to be a hell of a wakeup call for him to meet with the Rutgers team he so flippantly insulted. But again, let's be done with it. Apologize, sign the paper, hand the cash over, and move along -- Imus to hopefully learning something, and the Brotherhood of Lampreys Jackson and Sharpton to another unwitting host. buy cilais Cheap Viagra cialis generic cialis

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At the IBM site (http://www-106.ibm.com/developerworks/library/pa-microhist.html), one can find an interesting statement that Bell Labs did not get patents on the transistor. Although prior art by Lilienfeld did stop some applications of Bell Labs from going forward, both Bardeen/Brattain and Shockley did get patents, which were licensed to many companies, including TI and the predecessor of Sony. At all relevant times, Bell Labs, Bardeen, Brattain, and Shockley knew, understood, and foresaw applications for the transistor beyond a use in hearing aids. The relevant text at ibm.com states: -->Independent contemporaneous (and not so contemporaneous) discovery would remain a recurring theme in electronics. So it was with the invention of the vacuum tube -- invented by Fleming, who was investigating the Effect named for and discovered by Edison; it was refined four years later by de Forest (but is now rumored to have been invented 20 years prior by Tesla). So it was with the transistor: Shockley, Brattain and Bardeen were awarded the Nobel Prize for turning de Forest's triode into a solid state device -- but they were not awarded a patent, because of 20-year-prior art by Lilienfeld. So it was with the integrated circuit (or IC) for which Jack Kilby was awarded a Nobel Prize, but which was contemporaneously developed by Robert Noyce of Fairchild Semiconductor (who got the patent). And so it was, indeed, with the microprocessor. **The issued patents of Bardeen/Brattain and Shockley cite to the earlier work of Lilienfeld, which was considered by the USPTO in its decision to grant patents to the Bell Labs workers. **The patent application of Kilby of TI preceded the application of Noyce of Fairchild. Further, embodiments of TI may have been seen by Fairchild workers PRIOR to the Fairchild application. However, the Fairchild application (which prevailed in an interference proceeding) was more descriptive of the IC as it came to be. **Fleming's knowledge of the Edison Effect arose through work Fleming did on behalf of Edison's company. Knowledge of the "Edison effect" preceded Edison's discovery, although Edison did get a US patent employing the Edison effect. Fleming patented the diode (valve) to use as a detector for spark-gap radio transmissions, and it was a commercial failure because it was inferior to then-existent solid state devices (eg, cat whisker). Generic Viagra cheap cialis Cheap Viagra generic cialis

Tags: transistor, patent, labs, bell, shockley

Wal-Mart, the Arkansas order known Because it's accepted low bids (pending if you didn't already make out), announced that extent that it was dynamic to puff generic drugs for $4.00 at their pharmacies. Wal-Mart Stores Inc. said Thursday it ardor ballyhoo nearly 300 generic drugs at $4 per prescription mid Florida starting that past separating a move this licked rival drugstore chains, makers further benefits managers. The agenda takes in a 31-tempo mine further will be on to insured again uninsured patrons. Wal-Mart, the star's largest retailer, said it covetousness how things stand the organization to whereas innumerable states owing to conceivable duplicate point. While many organizations (like the Consumers Union and AARP) hailed selling drugs for blood pressure, diabetes, asthma, Parkinson's disease or thyroid problems at this huge discount, opposition came from predictable quarters. WakeUpWalmart.com, promoting itself as a grassroots movement and supported by the United Food and Commercial Workers union (who are trying to unionize Wal-Mart workers), immediately said the plan in nothing but marketing spin. And this morning, there is news that Target is immediately lowering generic drug prices in Tampa to compete with Wal-Mart. Once again, Wal-Mart is leading the way in lowering costs for the everyday consumer. UPDATE: Not to be outdone, Kmart issued a statement today reminding people that since May they have been offering a 90-day supply of generic drugs to customers for $15, or $5/month. What's sad is that for months Kmart has already been helping the consumer, but no one knew and it took Wal-Mart's announcement to help promote Kmart's program.

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Interview with Ron E. Shulman at businessweek.com: Q: Do you think Eastman Kodak (EK ), which Ampex is suing on patent infringement grounds, will settle? A: Kodak is going to fight fiercely. If it has a future, it is in digital photography. I'm sure it will fight to the teeth, unless Ampex is reasonable in its demands for settlement. Q: How do you determine royalties for a judgment? A: The law lists a bunch of criteria for determining royalties. It is based on a "hypothetical deal" standard. In the electronics area, it's rare that you get more than a 10% royalty. Typically, it's 1% or 2% of sales. You should assume they are going after a royalty of 1% to 5%. But it depends on what you decide is the royalty base. Is it the whole price, or part of the price? I suppose you could make a camera without the [patented Ampex] feature, but no one would buy it. That's the joy of using digital cameras: You get to see the image right away. Royalties may also include what are known as "convoid" sales. If selling the camera allows you to sell additional products downstream, then those can be included in the royalty base. That will certainly be explored by the plaintiff. Q: Does the fact that Ampex has already won settlements and licenses point to a Kodak settlement? A: Ampex will try and rely on that. [The past settlement history] is pretty persuasive stuff. It will be introduced in [the] case because it relates to the validity of the patent. It is some evidence of commercial success. And commercial success would be evidence of nonobviousness. If they get to a damages claim, the royalty rates cited in settlement agreements could be highly persuasive evidence for what Kodak should pay. [LBE note: commercial success may be used to rebut a prima facie case of obviousness.] Q: In Silicon Valley, how is Ampex viewed these days? A: Ampex is basically a research shop. Ampex is viewed as a slightly more civilized version of a patent terrorist. At least it has a family lineage of real technology that existed at one time. People respected Ampex. It did real stuff. [Now] what it is doing is no different from what other patent trolls do. Q: Is so-called patent trolling on the rise? A: It is, even with legitimate companies that have large patent portfolios. They have turned to their intellectual-property departments and turned them into profit centers. Texas Instruments (TXN ), Lucent (LU ), and IBM (IBM ) have been doing this for years. Plus, the damage awards are huge. [The practice] has grown more vigorously over the past 10 years. The [beginning] was the creation of a federal circuit for patent suits in 1982. Patents are a powerful economic weapon. People sue left and right. The outgrowth of that is patent holding companies. They're like venture funds. They go around holding people up for lots of money. Q: What is the cost to society? A: Most people suing didn't do any of the invention. Money isn't going to the inventors. There's no socially useful purpose. It's a waste of resources. Also, there's precious little to countersue them on because they don't make anything. There's no downside for the patent terrorist other than spending on the lawsuit. [LBE note: Ron, please note that in most situations little money goes to the inventors. Check out the patent awards procedure in places like IBM, Kodak, Exxon. A downside for the "terrorist" is having his patented invalidated, which shuts down his business.] Q: Is there any way to curtail the lawsuits? A: Not without legislation. That would be very difficult to do. Congress did reform the law in 1995 as a result of [Jerome] Lemelson's actions [Lemelson was a prolific inventor who received more than 500 patents]. He did nothing but file patent applications. He has the largest number of issued patents. He acquired patents in key areas of technology such as bar codes. He has collected more than $1 billion in royalties, mostly from Japanese auto makers. As a result, Congress changed the patent expiration dates from 20 years from filing, to 17 years from granting. Q: Who else could Ampex sue? A: The major digital photography companies will be targeted. Computer companies could be targeted. I can't say for sure since I haven't reviewed the patent. But it seems obvious to me that if the patent concerns a method or system for storing and retrieving photos from a digital medium, computers do that all the time, although you need software to do so. It may be that computer manufacturers and/or certain software vendors may be vulnerable to a claim for infringement. [Ampex] can go after Motorola (MOT ), Nokia (NOK ), Samsung and all those guys. It's hard to sell a phone that doesn't have a camera

Tags: patent, ampex, kodak, royalty, settlement

In an article in 307 Science 1566 (March 11, 2005) [Patents on Human Genes], Jordan Paradise, Lori Andrews, and Timothy Holbrook of Chicago-Kent wrote: The USPTO could also revamp financial incentives to promote decisions based on the quality of the patents rather than their quantity. Currently, patent examiners are encouraged with monetary bonuses to grant patent applications, a policy that has the unsettling effect of rewarding examiners for quickly pushing patents through the patent office. Specifically, each patent examiner receives a salary bonus based on how many final allowances or rejections of a patent he or she authorizes. Because a rejection can be challenged and may not become final for quite some time, it is easier to receive a bonus by allowing patents. (citing to Merges, Berk Tech L J, 14, 577 (1999)). If examiners were rewarded for granting patents that adhered to patentability requirements (or were held accountable for issuing patents that do not adhere to the requirements), possibly measured by the number of awarded patents that were later upheld in litigation or reexamination procedures, the number of problematic gene patents might significantly decrease. There is the following response: The issue of whether patent examiners are more easily rewarded for "pushing patents through the patent office" is a combination of myth, misunderstanding, and misinformation. Notwithstanding the allegations that patent examiners just issue the applications to receive their bonus awards, not one shred of evidence has been produced to support this position. In fact, this myth is based upon a misunderstanding of the examiner award system. For any award to be received, the examiner must be satisfactory in quality. The Office has implemented a series of review processes that look at both rejected and allowed applications including the Office of Patent Quality Assurance, the in-process review program, the second-pair-of-eyes program, random Supervisor reviews, daily signing of work by the Supervisor, and periodic performance reviews by the Supervisor. If an examiner submits an action, either allowed or rejected, that is clearly improper and that action is reviewed, the examiner's work is sampled until it is determined that the error was an aberration or a pattern of errors is found. Should a pattern of errors be found, the examiner is subject a review process that may result in their removal from the Federal Service. Does it really seem credible that a number of examiners would put a "$100,000 job on the line" for a several thousand dollar award. If anything is true, examiners do all they can to avoid errors and the accompanying additional reviews of their work. Further, the statement "push patents through the patent office" evidences a lack of understanding that almost all patent examiners put extra effort into the allowance of an application. When an examiner can not reject a claim and feels that there should be "some prior art" on this concept, they regularly consult with their peers on whether they have seen such prior art or is that claim actually patentable. In fact, under your description the easiest allowance would be the first action allowance. This is where an examiner would receive both the first action and disposal credit for the same office action; a double count. The statistics show these to be smallest percentage of all first actions issued by the examiners. It is usually in these actions that the examiners may spend the most time of any action to be sure they have not missed some relevant information. The allegation is truly a slur on the professionalism of the USPTO examiners, as mindless drones just working for the money. Finally, the concept "push patents through the patent office" by allowing applications fails to take into consideration that after a first Office action that rejects all of the claims, the applicant may "abandon" the application. Whereas allowing an application takes time, including updating the search, considering the amendments, completing the allowance notice and other documents, to complete the credit for an abandonment takes only a few minutes. Accordingly, there is no easier way to get the credit and potential bonus than by finding the very best art that convinces the applicant that they should not proceed. Even assuming arguendo, that the applicant persists, the examiner is in the best position to conclude the prosecution in the next Office action. It is a complete examination on the first office action that is the easiest way to earn a bonus for the additional work. Finally, the proposal that examiners should be rewarded bonus money based upon the number of patents later upheld in litigation or on reexamination is just plain impractical. Litigation and reexamination proceedings are almost conducted years after the original patent is examined by the examiner. Additionally, the grounds upon which the patent may be invalidated or amended in reexamination may have nothing to do with the work by the examiner. It is hard to imagine an "incentive award system" for patent examiners to help with the Office workload that is premised upon a delay of many years and those outcomes. [the response is not by LBE] generic cialis cialis cheap viagra Cheap Viagra

Tags: patent, examiner, action, office, application

The UK Medicines and Healthcare products Regulatory Agency (MHRA) have issued a press release about NSAIDs and their risks and benefits. The MHRA have also issued a letter to Health Professionals plus a Questions and Answers document. The main point of interest from the review is contained in the MHRA letter to health professionals. The review has found that diclofenac (particularly at 150mg/day) and ibuprofen (at high dose - 2400mg/day) may carry a small thrombotic risk. This same risk has not been established for naproxen. Hat tip: the excellent Prescribing Advice for GPs Sphere: Related Content generic cialis Cheap Viagra cheap viagra cialis

Tags: risk, mhra, professionals, health, issued

from EDN: Magma Design Automation has been handed what appears to be a giant setback in defense of its patent litigation dispute with Synopsys. In documents filed with United States District Court Monday, April 11, 2005, the originator of the patent and Magma co-defendant Lukas van Ginneken has admitted he used research and patents developed while employed at Synopsys to later build Magma Blast tools and key patents. Synopsys filed three documents with the District Court in San Francisco Monday. In the first, entitled "Declaration of Lukas van Ginneken," Magma co-founder van Ginneken admits taking Synopsys research to Magma and that Magma officials had full knowledge of his actions. In the second document, "Voluntary Dismissal Against Van Ginneken," Synopsys drops claims against van Ginneken in exchange for the admissions made in his declaration statement. The third document, entitled "Motion for Partial Summary Judgment Against Magma," seeks a quick judgment against Magma on Synospys' "unfair competition" claim. (...) "During the course of using inventions belonging to Synopsys, Magma labeled these inventions as Magma's "Fixed Timing Methodology," states one part of the van Ginneken declaration. "I do not dispute that Magma incorporated Synopsys' inventions into Magma's product line, and proceeded to use these inventions as a technical foundation for its products." Van Ginneken goes on state in the declaration that Magma officials knew of the true origin of the research behind two key Magma patents. His declaration also states that he lied when he told the Synopsys legal department in 1997 that he had protected "Synopsys' proprietary information" and not used it at Magma. "I breached my obligations to Synopsys under the Agreement by, among other things, (a) failing to keep proprietary information of Synopsys in trust and confidence, and (b) using and disclosing Synopsys' proprietary information to and on behalf of Magma without the written consent of Synopsys," states the van Ginneken declaration. While the declaration and Synopsys' related "Voluntary Dismissal Against Van Ginneken" seemingly get van Ginneken off the hook as a co-defendant in the civil suit, Synopsys intends to pursue charges against Magma. "With Dr. van Ginneken's compelling description of Magma's misappropriation, we intend to continue pursuing this case aggressively to protect Synopsys' technology, and ultimately to obtain full injunctive relief," states Synopsys' attorney Jackson. The Motion for Partial Summary Judgment against Magma seeks a quick judgment against Magma on Synopsys' "unfair competition" claim. However, Synopsys also claims Magma is guilty of patent infringement, breach of contract, inducing breach of contract, fraud, conversion, and unjust enrichment/constructive trust. Magma issued a statement responding to the Synopsys actions. "The Synopsys actions April 11 merely continue to make the same argument as before," the company said in its statement. "Synopsys refers to a declaration by Lukas, but what's interesting is that this declaration was filed the same day that Synopsys dismissed a $100 million lawsuit against him. This doesn't change our position that Synopsys' claims have no merit." cheap viagra buy cheap cialis Generic Viagra cialis

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from PCWorld: Seiko Epson asserts that certain printer cartridges made by Arcor, of Nantes, France, and Multi-Union Trading, of Hong Kong, infringe on several of its cartridge-related patents. Seiko Epson, along with two U.S. affiliates, filed lawsuits against each of the companies in the U.S. District Court for the District of Oregon in Portland. In both cases, Seiko Epson is asking the court to enjoin the companies from continued infringement . [contemplate the effects of proposed patent reform on this action.] It is also asking for payment equivalent to triple the damages it claims to have incurred, and for its legal costs. The lawsuits come shortly after a federal judge issued a summary judgment that 23 of Multi-Union's cartridges from the initial complaint infringe on Seiko Epson's patents, according to Seiko Epson. Printer makers such as Seiko Epson typically make most of their profits selling cartridges for their printers. Companies such as Arcor and Nantes sell replacement cartridges that typically cost less and carry less well known brands. buy cheap cialis generic viagra online generic cialis Generic Viagra

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House Armed Services Committee Chairman Ike Skelton issued a strong statement opposing the president's *new* strategy for Iraq. SKELTON OPPOSES TROOP ESCALATION Iraqis Must Take Responsibility, Says Skelton buy cialis cheap viagra cialis Generic Viagra

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And that's why I hang my hat in Tennessee. Some folks think I'm hidin', It's been rumored that I died, But I'm alive and well in Tennessee. -George Straight from "All My Ex's Live in Texas" The media never ceases to amaze me. In case you haven't heard, Tennessee took a tough stand against underage drinking recently when it created a mandatory carding law at all grocery and liquor stores. At least that's the impression one comes away with looking at the news coverage the new law has created. What they don't tell you is that this law will do virtually nothing to reduce the consumption of alcohol to minors. And secondly, it's an insult to beer drinkers. At the heart of the issue is the Responsible Vendor Act of 2006, which was sponsored by State Senator Joe Haynes (SB3316) and State Representative Gary Moore (HB3210). What it does is make carding mandatory for all beer sales at grocery and liquor stores in Tennessee starting July 1, 2007. It's the first law of its kind in the union and is on a trial basis until July 1, 2008, when the law is set to sunset. It is widely believed that, if successful, the sunset provision will be removed (pdf, 20 kb). This law does accomplish some noble goals, including eliminating carding discrimination and reducing the positivity bias noted by McCall and Nattrass. A complete copy of the act is available here (pdf, 48 kb). It's like creating a law that says that you can't buy alcohol for home consumption after 9 PM (in Wisconsin), it just means that people who drink will buy their beverages earlier in the day, having a presumably negligible influence upon drinking habits. If minors aren't able to buy beer themselves, they'll just have other people buy it for them in greater numbers. Without increasing the penalty for providing alcohol to a minor and stepping up enforcement efforts, this loop-hole will drain the Responsible Vendor Act of any effectiveness beyond encouraging the responsible sale of beer. What happens to beer after its sale is less controlled and even less controllable. I don't know how to prevent the provision of alcohol to minors; I do know that the lack of effective and suitable preventative measures means that this act will accomplish little. Moreover, the act merely raises the street value and prevalence of having fake forms of identification. Fake identification documents are already ubiquitous as illustrated by an article in the Christian Science Monitor that describes just one of many sources minors turn to to obtain a fake id. I mean, look. I'm not CNN and I'm not going to harp about how this is going to aid terrorist groups, but it does expose a fundamental flaw in the bill and in state-issued forms of identification. So long as identification cards can be counterfeited, this act will have little impact. In fact, I'm curious to see in what percent of cases underage drinking was due to the failure to card in the first place. Based upon my personal, anecdotal experience, I never tried to buy alcohol before I turned 21. And yet, I had absolutely no problems sourcing any kind of alcohol I wanted. Go figure. One thing I find most curious is that the bill only addresses the sale of beer for off-premise consumption. Not wine coolers, not wine, not liquor. It doesn't affect bars either. A study put together by the National Institute on Alcohol Abuse and Alcoholism (part of the NIH) determined the prevalence of consumption of beer, liquor, wine, and wine coolers among 18 - 20 year old individuals. Interestingly, only 26.8% of individuals drank beer at home while 62.0% of individuals said they consumed beer in the homes of friends or family. In comparison, 31.1% said they consumed wine coolers at home while 59.1% consumed wine coolers in the homes of friend or family. Similarly, 22.3% said they consumed liquor at home while 61.8% said they consumed liquor at the homes of friend or family. It is clear that beer consumption is only one piece of a larger puzzle. As a result, even if this act reduces the sale of beer to minors, it is unlikely to affect wine coolers, wine, or liquor consumption as the bill doesn't apply to these forms of alcohol. The same study broke down consumption habits by gender and race. I am not a statistician and could not tell you what a significant difference is between values presented in Table 3. However, upon an uneducated glance, it strikes me that the type of beverage is related to both gender and race. If the act will reduce consumption among men and women, American-Indians and Alaska natives, the hispanic, and college students most of all, it does little to curb consumption among other groups. For example, 5.0% more women drank wine coolers at home than men. Liquor consumption is prevalent among all groups in the homes of friends or family. But this act: no impact. This could be especially hurtful to asians who have the highest rates of out-of-home liquor consumption (70.7%), for example. In an ideal world, I wish we would instead teach our children to respect beer the way they do in many other parts of the world. Our "alcohol is bad" approach just reinforces the notion that alcoholic beverages only have value in proportion to their ethanol content (I also suspect it undermines our much needed "crystal meth is bad" message). Beer is a wonderful beverage with a rich tradition extending back thousands of years. Why aren't we instead teaching children to appreciate it, within reasonable limits? Abstinence only sex-education may be best in theory, but certainly not in practice. It's the same with alcohol-education. 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Of the apparent disparity between IBM efforts in patent reform and IBM's patent suit against Amazon, InformationWeek has the following quote: IBM's top attorney for intellectual property rights acknowledges his company's position can seem contradictory and confusing. "We've referred to our patent policy as apparent schizophrenia," David Kappos says. Yet he maintains that "on a deeper level, our actions are consistent." [Also -->] Tech vendors, IBM and Microsoft principal among them, are trying to change things they don't like about the patent process. In addition to giving away patents to the open source community, IBM wants all patent applications to be subject to public review. And it's urging Congress to do away with patents--including some of its own--based on so-called business methodologies that lack technical merit. But in suing Amazon, IBM promised to "aggressively defend" its intellectual property and hunt down other companies it thinks are using its IP without permission. IBM says it tried unsuccessfully to negotiate a licensing deal with Amazon for four years before filing suit. Amazon declined to comment. The Information Week article also contains the following: U.S. Patent And Trademark Office Proposes limiting to 10 the number of times patent applicants can request a re-examination of their applications and the number of individual patent claims contained in any single application IPBiz asks: is anyone awake at Information Week? Or have they joined with Science in dispensing pure glop about patent law (see 88 JPTOS 743)? Yes, there is a reference to Lerner: "There are some pathologies in the system that need to be dealt with," Harvard Business School professor Josh Lerner says. "Patents have become too powerful and too easy to get" for an economy that's increasingly information-based, Lerner says. Yes, Information Week does note the dichotomy with IBM: IBM's strategy is to be an IP benefactor to the tech industry when it's in IBM's interest, while staunchly defending its IP rights at other times. That's hardly reassuring to entrepreneurs and startups that risk a run-in with IBM as they develop new products. IBM holds about 40,000 patents worldwide for everything from how to display ads online to the creation of an Internet checkout system. IBM patents cover "most of, if not all, e-commerce," senior VP John Kelly told The Wall Street Journal last week. Yes, there is further confusion about the patent system: What's setting off alarms in some quarters is the fact that personalized recommendation systems are widely used, and they can be generated in a number of different ways. "These kind of lawsuits hurt our whole industry," says Mary Hodder, CEO of Dabble.com, an online video-sharing service. She thinks the patent process needs tightening to prevent what she considers a proliferation of nuisance suits. "Most of the patents they grant are really for simple and basic concepts and ideas, not complex and innovative processes, which is what they're supposed to be allowing ," Hodder says. Yes, there is mention of Rivette: Last year, IBM hired Boston Consulting Group patent expert Kevin Rivette as VP for intellectual property. Rivette is author of Rembrandts In The Attic (Harvard Business School Press, 1999), a primer on how companies can profit from their IP assets. Palmisano created a technology and intellectual property unit within IBM under senior VP Kelly, dedicated to finding new markets for the fruits of its research. There is discussion of the Peer-to-patent project: Other critics suggest the vendors' moves are aimed at cementing their advantages at a time when they face rising competition from startups. In an August essay, Harvard Law School professor and tech entrepreneur James Moore argued that the collaborative patent review process proposed by IBM, Microsoft, and others will result in fewer patents being issued because it will give examiners more ammunition to shoot down applications. "If fewer patents are issued, but existing patents are not revoked, IBM and Microsoft win because they already possess vast existing portfolios," Moore writes. IPBiz notes: It is already true that fewer patents are being issued. Further, the re-examination process is still around. ** See also http://ipbiz.blogspot.com/2006/10/ibm-goes-after-amazon-nyt-mentions.html cialis buy cheap cialis viagra buy cilais

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Sun setting on nanotechnology patents??? Jon Van of the Chicago Tribune, in an article Slow patent process hurts nanotech progress; Financial backers wary of 4-year filing period presents the quote: "The impact is one of perception. When you don't get a response from a patent application filing, you don't know what else is going on." There is also text: Bruce Kisliuk, director of a patent examining group at the patent office, said the agency does face a growing backlog across all areas. "We have 700,000 applications in the pipeline," Kisliuk said. "Some are for nanotech, some not. This backlog isn't unique to nanotech." Last year, the office issued fewer patents than usual because of an initiative to improve patent quality, Kisliuk said. Note the following text about the hiring of examiners: After years of being starved for resources, the office, which has had around 4,000 examiners, hired 1,200 new ones, bringing its total strength to nearly 4,800 examiners. Another 1,200 are due to be hired this year, he said. IPBiz notes that 4,000 + 1,200 = 5,200, not "nearly 4,800." See also an earlier IPBiz post on problems of employee retention at the USPTO: http://ipbiz.blogspot.com/2006/08/examiner-hiring-and-retention-at-uspto.html Separately, recall the numerous patents in the area of buckyballs and fullerenes which issued in the 1990's and went no where. cialis generic viagra online buy cilais viagra

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