Not exactly a bait n switch. Bait n switch would be here is this great product on sale at a fantastic price, then when you get to the store they tell you, sorry, we are all out but here is this slightly more expensive model at a great price too. They bait you with one item and then switch the product entirely to a different one.
This is more like the drug dealer tactic...pstt, here, give this a try...i'll even give it to you for free. Once you are hooked on the product they start charging you for it.
I think you hit it, it's all about risk vs. reward.
It' hard to create a hit and most new stuff might be viewed as boring and fail.
Yet, appealing to nostalgia might be a safer bet. Afterall, what worked for one generation might surely work for the next generation. History is full of examples where this has worked.
The viewing audience is fickle and quite varied so digging up past hits probably stands a better chance of success than an unknown product.
That's BS. Even with the increase activity in terrorism, flying is still the safest form of travel. I am an active, frequent flyer, traveling over 100K miles a year both domestic and international. I absolutely understand the risks of air travel and want to ensure my safety when flying. However, these new procedures are way too excessive and expensive. There are better ways to ensure the safety of the flying public.
We are forcing greater than 99.99% of the population to undergo humiliating procedures when there is 0 indication they have done anything wrong. At minimum this should qualify as illegal search and siezure, but the govt. continues to trample on our citizens rights.
Under any other cirucumstances this would be invasion of privacy at the least and criminal sexual harrasment or worse. If you tried any of this on your own, you would certainly be arrested, but the government can do it in the name of "safety".
As stated, there are better, more effective ways to catch the real threats without feeling up innocent flyers or taking naked pictures of them via these full body scanners.
Heck, trained police professionals with trained dogs could be very effective and produce a greater intimidation factor to those that would do us harm. Sniffer systems have proven effective in catching trace particles of explosives and drugs. Better sensitivity metal detectors combined with other methods could ensure safety without undue burden on the flying population nor invading their privacy.
By the way, the greater threat is from foriegn travel into the US, not domestic travel. With the exception of 9/11, most of the threats via air came from OUTSIDE THE US. Hmm, where do we need greater security again?
I have seen Chiropractors off/on over many years. There are some things that they can actually help with, but there are still those that believe CP care can cure any problem, which it clearly cannot.
I have had low back pain for about 8 months. After seeing several doctors and getting numerous pain killers and other drugs prescribed, there was no progress being made. I saw a spinal ortopedic surgeon and after MRIs, X rays, he provided serveral options and near the top of the list was CP care. Within 2 treatments, pain was substantially reduced (not gone but much better than before). With some improvements in pain reduction, my CP has also started me on some PT to strengthen the back and stomach muscles so that they will help keep my spine in place as we progress on the treatment. He also does not believe in weekly treatments forever. Once resolved, he said routine check ups are a good idea but that multiple treatments are really not needed.
By the way, he does not believe that CP care can cure cancer or other diseases.
Having worked at Dominoes when I was but a wee kid out of high school, I worked in at least 4 different stores over a 4 year career, including some management time (had to pay for college somehow). I submit that my credentials make me an expert witness on Dominoes pizza.
I can say that their pizzas used to be pretty good some 20 years ago. Sometime after my leaving their employment, something changed.
Now, it could just be coincidence that after my departure that the "tastefulness qualities" of their pizzas declined but for the past several years their pizzas have been rather flat on flavor and boring.
Was this a matter of just cutting costs or was I the last person that had the necessary skill set to make a good pizza?
And that ladies and gentlemen of the court, is not "puffery"
I would hope that the prosecutor here was trying to use a "scared straight" tactic and it backfired on him.
If he really is that overzealous, then he could probably use some common sense.
This is really a parental issue. The parents are the ones that need to step in a talk with their children about their actions...not the govt.
Children rarely have the vision to understand how their actions will impact themselves, others and their future. It is common for people to look back at their younger years and have some regrets about things they did. This will likely be one of those things for these girls.
In the end, the content will decide the winner. There are dual format players hitting the streets that can handle either HD DVD or Blu Ray. Currently, these are more expensive at $600-$700 USD. However, you can find these for the PC format for $250 (LG has one).
Therefore, the only thing left to drive is the content availability. Currently, Blu Ray seems to have locked down more studios and the Time Warner announcement certainly set things back for HD DVD. Sony's battle is costing them a significant amount of money. The deal with TW must have cost a very big chunk of cash. However, the license fees will certainly make up for it in the end if they do win the format war.
As to d'loading HD content or PPV HD, this is certainly one way to get content that will pose a threat to hard copy media, but I doubt it will ever fully replace it.
People like to have hard copies that they can move from player to player easily or take on the road. D'loading and PPV HD does not really facilitate this model just yet. It can be done by the tech enthusiast today, but not by the average user. DRM issues further complicate things here as well. Therefore, it will be a long time before we see the death of physical media.
""They didn't "buy" the lyrics of music, they bought the rights to reproduce the sound."
Wrong answer. They bought the rights to use the lyrics and music, not to replicate the sound. In order to replicate the sound they would have had to pay for the "performance rights" and that tends to cost lots more than simply using the words/music."
If they purchased the rights to the music, then they purchased the rights to reproduce that music. Music which contains, notes, chords, pitch, etc.
How can one reproduce the music without reproducing the sound? Sure, you could hire a singer that does not hit the same vocal range, but if someone is good enough to reproduce the music exactly as the original, then techically, it is still a cover version since the original band members were not used in the recreation process.
Certainly, parents need to be more involved with their children.
However, your comment about Government Control is not entirely accurate. Governments can and do control their subjects everyday, it is called rule of law. Without it, we would live in total chaos.
I am not saying we should live in a "big brother" society and that the rights/freedoms we enjoy should be removed. Only that without some level of "control", we would live in chaos where everyone does whatever they want.
I like knowing that I can safely cross a street because their are laws that control driver behavior. I like knowing that I can go out without the fear of being mugged.
Where the lines become blurred is when governments try to legislate morality. One could argue that we do this today (i.e. murder is a moral crime...see 10 commandments). Other things like porn are much more dicey to deal with. As the saying goes, one mans porn is another man's art.
When it comes to minors, do we legislate morality? Certainly, there are age limits on buying things like Playboy. It is a slippery slope, but lines must be drawn somwehere, I am just not sure where that line should be drawn.
The title of this thread is blatantly misleading and Tech Dirt should be ashamed for posting such dribble.
From the links provided and the info available, this was not a threatening letter. It was purely the author stating that it had concerns over the examiners chosen and the examiners and the state would be held responsible for leaking any proprietary trade secrets. This is typical in ANY Non Disclosure Agreement and common within any industry. Every company has the right to protect their trade secrets, including ESS.
Now, I fully agree with the state being able to review the machines and the source code and independent experts should be part of the process. However, they also have an obligation to protect all proprietary code/technology provided for their review and should be held responsible if they leak trade secrets. This should not be viewed as an "Angry Threat".
As to the delay in providing the code, if they did not meet the states deadlines, then frankly they should be disqualified from the running. The state has the right to provide a reasonable timeline to make things available and if ESS wants to compete for the business, then they have an obligation to meet those deadlines. If they don't, then the State should just remove them from the running.
Unless there was other info not posted that constitutes this threat, then you really should stick to the facts instead of using emotionally charged words like "Angry Threat" to try and draw readers in.
Pricing is a matter of volume. There is nothing inherrent in the HD DVD technology that makes it more expensive. Once volume picks up, prices on the players and the content will drop to similar prices of DVD players today.
It was not that long ago that people were paying $200 for a regular DVD player. However, as demand rose, prices came down.
The same thing will happen here.
As for multiple formats (HD DVD vs. Blu Ray), soon this won't matter. Several vendors are planning on dual format players that can handle either format.
What will choose the winner is content. Both formats have a similar amount of content available. Both have about the same amount of studio's supporting them.
However, HD DVD has the adult film industry support. That may be enough to push them into the lead.
Many people may not be aware of this, but DVD's did not really take off until the adult film industry started supporting it. Same was true of VHS vs. Beta. Adult film industry support propelled VHS to the forefront.
Over time though, none of this may even matter since downloadable content is growing in popularity. There is still some work to do, but just like iTunes and other downloadable sites are transforming the music industry, downloadable movies may transform how we access our content.
Combine that with new h/w coming out like the Alienware Hangar 18 box or STB's with internet connectivity and HDMI support, we may find that we don't need to support a specific player in the home. These boxes could deliver the content directly to the screen instead of buying specific media.
There is still some work to resolve the content distribution model, but over time it could replace physical media all together.
If the Manufacturer develops the concept/proto design on their own dime, then they would clearly own the design and associated IP regardless if the govt. buys the weapons or not.
If the Govt. commissions the company to develop the design, then the Govt. if funding all the work and therefore, the Govt. should own the design and related IP.
This is principally how it is done in the private sector and similar process should apply to the govt. sector in my opinion.
As for toy makers, this is a sticky issue. However, the developer is designing not only a functional weapon but also the look/feel of the weapon. That ID is being copied by toymakers for free today and therefore, they are profiting by someone elses work. Designers are entitled to copyrights to ID work that they develop and toymakers should be responsible to pay some type of fee to the original designer.
Do you think toymakers would have an issue if someone else copied the look and feel of one of their toys?
"Actually, if you search a bit you'll find they're suing so they can find what the criteria were for the voting machines. Nothing else AFAIK. So it's not exactly as it looks however I am NOT defending them by any means; I think they stink."
I am not sure I agree. The lawyer for Diebold was quoted as saying that he wanted the judge to award the contract to Diebold, but in absense of that, re-open the bidding.
Therefore, I think they are trying for more than just find out why they lost.
What about RSS feeds, news broadcasts, Subscription news services? These are all examples of services that provide stats, content, etc.
Does this mean that the news of any baseball events cannot be provided since they are profiting from my subscription?
I hope MLB fails miserably in their efforts. This is a complete farce and I hope if backfires!
Ticket prices at sporting events are out of control, saleries, license fees, etc. is insane. Now they want a share of the profits from companies providing services?
Boycott baseball I say.
BestNetTech has not posted any stories submitted by Java Jack.
Not exactly a bait n switch. Bait n switch would be here is this great product on sale at a fantastic price, then when you get to the store they tell you, sorry, we are all out but here is this slightly more expensive model at a great price too. They bait you with one item and then switch the product entirely to a different one.
This is more like the drug dealer tactic...pstt, here, give this a try...i'll even give it to you for free. Once you are hooked on the product they start charging you for it.
Wow, I can't believe no one said it yet...I guess PETA is bringing a whole new defintion to "Kitty Porn"
Re:
I think you hit it, it's all about risk vs. reward.
It' hard to create a hit and most new stuff might be viewed as boring and fail.
Yet, appealing to nostalgia might be a safer bet. Afterall, what worked for one generation might surely work for the next generation. History is full of examples where this has worked.
The viewing audience is fickle and quite varied so digging up past hits probably stands a better chance of success than an unknown product.
Re: Scanners
That's BS. Even with the increase activity in terrorism, flying is still the safest form of travel. I am an active, frequent flyer, traveling over 100K miles a year both domestic and international. I absolutely understand the risks of air travel and want to ensure my safety when flying. However, these new procedures are way too excessive and expensive. There are better ways to ensure the safety of the flying public.
We are forcing greater than 99.99% of the population to undergo humiliating procedures when there is 0 indication they have done anything wrong. At minimum this should qualify as illegal search and siezure, but the govt. continues to trample on our citizens rights.
Under any other cirucumstances this would be invasion of privacy at the least and criminal sexual harrasment or worse. If you tried any of this on your own, you would certainly be arrested, but the government can do it in the name of "safety".
As stated, there are better, more effective ways to catch the real threats without feeling up innocent flyers or taking naked pictures of them via these full body scanners.
Heck, trained police professionals with trained dogs could be very effective and produce a greater intimidation factor to those that would do us harm. Sniffer systems have proven effective in catching trace particles of explosives and drugs. Better sensitivity metal detectors combined with other methods could ensure safety without undue burden on the flying population nor invading their privacy.
By the way, the greater threat is from foriegn travel into the US, not domestic travel. With the exception of 9/11, most of the threats via air came from OUTSIDE THE US. Hmm, where do we need greater security again?
Re:
Agreed.
I have seen Chiropractors off/on over many years. There are some things that they can actually help with, but there are still those that believe CP care can cure any problem, which it clearly cannot.
I have had low back pain for about 8 months. After seeing several doctors and getting numerous pain killers and other drugs prescribed, there was no progress being made. I saw a spinal ortopedic surgeon and after MRIs, X rays, he provided serveral options and near the top of the list was CP care. Within 2 treatments, pain was substantially reduced (not gone but much better than before). With some improvements in pain reduction, my CP has also started me on some PT to strengthen the back and stomach muscles so that they will help keep my spine in place as we progress on the treatment. He also does not believe in weekly treatments forever. Once resolved, he said routine check ups are a good idea but that multiple treatments are really not needed.
By the way, he does not believe that CP care can cure cancer or other diseases.
Not all CP docs make wild claims.
Having worked at Dominoes when I was but a wee kid out of high school, I worked in at least 4 different stores over a 4 year career, including some management time (had to pay for college somehow). I submit that my credentials make me an expert witness on Dominoes pizza.
I can say that their pizzas used to be pretty good some 20 years ago. Sometime after my leaving their employment, something changed.
Now, it could just be coincidence that after my departure that the "tastefulness qualities" of their pizzas declined but for the past several years their pizzas have been rather flat on flavor and boring.
Was this a matter of just cutting costs or was I the last person that had the necessary skill set to make a good pizza?
And that ladies and gentlemen of the court, is not "puffery"
I would hope that the prosecutor here was trying to use a "scared straight" tactic and it backfired on him.
If he really is that overzealous, then he could probably use some common sense.
This is really a parental issue. The parents are the ones that need to step in a talk with their children about their actions...not the govt.
Children rarely have the vision to understand how their actions will impact themselves, others and their future. It is common for people to look back at their younger years and have some regrets about things they did. This will likely be one of those things for these girls.
In the end, the content will decide the winner. There are dual format players hitting the streets that can handle either HD DVD or Blu Ray. Currently, these are more expensive at $600-$700 USD. However, you can find these for the PC format for $250 (LG has one).
Therefore, the only thing left to drive is the content availability. Currently, Blu Ray seems to have locked down more studios and the Time Warner announcement certainly set things back for HD DVD. Sony's battle is costing them a significant amount of money. The deal with TW must have cost a very big chunk of cash. However, the license fees will certainly make up for it in the end if they do win the format war.
As to d'loading HD content or PPV HD, this is certainly one way to get content that will pose a threat to hard copy media, but I doubt it will ever fully replace it.
People like to have hard copies that they can move from player to player easily or take on the road. D'loading and PPV HD does not really facilitate this model just yet. It can be done by the tech enthusiast today, but not by the average user. DRM issues further complicate things here as well. Therefore, it will be a long time before we see the death of physical media.
""They didn't "buy" the lyrics of music, they bought the rights to reproduce the sound."
Wrong answer. They bought the rights to use the lyrics and music, not to replicate the sound. In order to replicate the sound they would have had to pay for the "performance rights" and that tends to cost lots more than simply using the words/music."
If they purchased the rights to the music, then they purchased the rights to reproduce that music. Music which contains, notes, chords, pitch, etc.
How can one reproduce the music without reproducing the sound? Sure, you could hire a singer that does not hit the same vocal range, but if someone is good enough to reproduce the music exactly as the original, then techically, it is still a cover version since the original band members were not used in the recreation process.
Seems like a weak case to me.
Certainly, parents need to be more involved with their children.
However, your comment about Government Control is not entirely accurate. Governments can and do control their subjects everyday, it is called rule of law. Without it, we would live in total chaos.
I am not saying we should live in a "big brother" society and that the rights/freedoms we enjoy should be removed. Only that without some level of "control", we would live in chaos where everyone does whatever they want.
I like knowing that I can safely cross a street because their are laws that control driver behavior. I like knowing that I can go out without the fear of being mugged.
Where the lines become blurred is when governments try to legislate morality. One could argue that we do this today (i.e. murder is a moral crime...see 10 commandments). Other things like porn are much more dicey to deal with. As the saying goes, one mans porn is another man's art.
When it comes to minors, do we legislate morality? Certainly, there are age limits on buying things like Playboy. It is a slippery slope, but lines must be drawn somwehere, I am just not sure where that line should be drawn.
The title of this thread is blatantly misleading and Tech Dirt should be ashamed for posting such dribble.
From the links provided and the info available, this was not a threatening letter. It was purely the author stating that it had concerns over the examiners chosen and the examiners and the state would be held responsible for leaking any proprietary trade secrets. This is typical in ANY Non Disclosure Agreement and common within any industry. Every company has the right to protect their trade secrets, including ESS.
Now, I fully agree with the state being able to review the machines and the source code and independent experts should be part of the process. However, they also have an obligation to protect all proprietary code/technology provided for their review and should be held responsible if they leak trade secrets. This should not be viewed as an "Angry Threat".
As to the delay in providing the code, if they did not meet the states deadlines, then frankly they should be disqualified from the running. The state has the right to provide a reasonable timeline to make things available and if ESS wants to compete for the business, then they have an obligation to meet those deadlines. If they don't, then the State should just remove them from the running.
Unless there was other info not posted that constitutes this threat, then you really should stick to the facts instead of using emotionally charged words like "Angry Threat" to try and draw readers in.
Very disapointing journalism in this case.
Pricing is a matter of volume. There is nothing inherrent in the HD DVD technology that makes it more expensive. Once volume picks up, prices on the players and the content will drop to similar prices of DVD players today.
It was not that long ago that people were paying $200 for a regular DVD player. However, as demand rose, prices came down.
The same thing will happen here.
As for multiple formats (HD DVD vs. Blu Ray), soon this won't matter. Several vendors are planning on dual format players that can handle either format.
What will choose the winner is content. Both formats have a similar amount of content available. Both have about the same amount of studio's supporting them.
However, HD DVD has the adult film industry support. That may be enough to push them into the lead.
Many people may not be aware of this, but DVD's did not really take off until the adult film industry started supporting it. Same was true of VHS vs. Beta. Adult film industry support propelled VHS to the forefront.
Over time though, none of this may even matter since downloadable content is growing in popularity. There is still some work to do, but just like iTunes and other downloadable sites are transforming the music industry, downloadable movies may transform how we access our content.
Combine that with new h/w coming out like the Alienware Hangar 18 box or STB's with internet connectivity and HDMI support, we may find that we don't need to support a specific player in the home. These boxes could deliver the content directly to the screen instead of buying specific media.
There is still some work to resolve the content distribution model, but over time it could replace physical media all together.
Actually, I don't think anyone is in the clear.
If the Manufacturer develops the concept/proto design on their own dime, then they would clearly own the design and associated IP regardless if the govt. buys the weapons or not.
If the Govt. commissions the company to develop the design, then the Govt. if funding all the work and therefore, the Govt. should own the design and related IP.
This is principally how it is done in the private sector and similar process should apply to the govt. sector in my opinion.
As for toy makers, this is a sticky issue. However, the developer is designing not only a functional weapon but also the look/feel of the weapon. That ID is being copied by toymakers for free today and therefore, they are profiting by someone elses work. Designers are entitled to copyrights to ID work that they develop and toymakers should be responsible to pay some type of fee to the original designer.
Do you think toymakers would have an issue if someone else copied the look and feel of one of their toys?
"Actually, if you search a bit you'll find they're suing so they can find what the criteria were for the voting machines. Nothing else AFAIK. So it's not exactly as it looks however I am NOT defending them by any means; I think they stink."
I am not sure I agree. The lawyer for Diebold was quoted as saying that he wanted the judge to award the contract to Diebold, but in absense of that, re-open the bidding.
Therefore, I think they are trying for more than just find out why they lost.
What about RSS feeds, news broadcasts, Subscription news services? These are all examples of services that provide stats, content, etc.
Does this mean that the news of any baseball events cannot be provided since they are profiting from my subscription?
I hope MLB fails miserably in their efforts. This is a complete farce and I hope if backfires!
Ticket prices at sporting events are out of control, saleries, license fees, etc. is insane. Now they want a share of the profits from companies providing services?
Boycott baseball I say.