The Unsinkable brian cork™

Brian Patrick Cork is living the Authentic Life

the Law says eat Apples and spit out Androids

December21

the U.S. International Trade Commission (“ITC”), a federal agency, just so we are clear, said Monday they are siding with Apple against HTC and will impose a ban that will enforce an import ban on HTC Corp. (“HTC”) phones that infringe on a patent belonging to the iPhone maker. In other words, Apple’s iPhone does not violate (as HTC and their partner Google and likely prayed) four patents owned by HTC. this is a significant blow to HTC, and probably Google.

so… perhaps the headline should read, instead, “Apple Wins Partial Victory on Patent Claim Over Android Features”.

the ITC said in a final ruling that HTC may import some refurbished phones to offer customers as replacements under warranties and insurance plans. HTC, which is based in Taiwan, is a major maker of phones that use Google Inc.’s Android operating software.

the ban takes effect April 19, 2012 so that wireless carriers will have time to adjust their plans. but, it also means customers have an open-door to bail on HTC devices, and that has grim ramifications for Google, that is again caught in the midst of “evil” /1. this involves a set of important features commonly found in smartphones that are obviously protected by an Apple patent, a decision that could force changes in the way Google’s Android phones function.

Apple spokeswoman Kristen Huguet reiterated an earlier statement, saying competitors (i.e. GOOGLE and HTC) should, “create their own technology”. I’ll add, not steal it from Apple.

NOTE: the ITC ruling can be appealed. But it is one of the most significant so far in a growing array of closely watched patent battles being waged around the globe by nearly all of the major players in the mobile industry. in fact, the case is part of a broader dispute involving Apple, HTC and many other phone makers. in federal courts and before the ITC, companies have been accusing one another of stealing ideas for popular phone features. while the courts can award damages, the commission has the broader and debilitating power to block imports of products and parts made with contested technology.

in fairness to how people might organize their own thinking around stock acquisition, or not, the ruling was only a partial victory for Apple because the commission did overrule an earlier decision in Apple’s favor in the case, involving a patent related to how software is organized internally on mobile devices. in simpler terms, it would have been harder for the defendant, again HTC, one of the world’s largest makers of smartphones that run the Android system, to adapt its devices to avoid infringing that patent. that’s what legal experts say, in any event.

but, this is clearly decisive for Apple; potentially deadly for HTC (whom by the way blew it in negotiations with Apple when they had an opportunity to be part of the build process for the iPhone); and certainly problematic for Google whose advocates have had to constantly twist numbers to make it appear that it can compete with the iPhone in terms of  the masses Android “can have”, and opposed to the iPhone “must have”.

people of discerning taste can eat Apples with better results. and, obviously Androids can’t.

peace be to my Brothers and Sisters.

brian patrick cork

1/ Google was supposedly founded under a mandate of “do no evil”. but, that hasn’t worked-out very well, for anyone associated with them.

losers pay

December20

We’ve certainly taken things from the British. This obviously includes a lot of real estate.

However, a process we need to take as an example from our English brothers is their collective approach to the process of litigation within the court system. In Great Britain, if a person or organization sues another and loses they are responsible for paying all related fees and expenses. Obviously this makes the aggressor think twice before they take action. Following this example would help simplify our own court system by reducing the number of frivolous cases that currently make the judicial system a blunt-edged weapon. Who knows, fairness and reason might even prevail minus avarice and greed – driven by temptation.

A good example for the need to evaluate such a change is the story of the woman (I can’t bring myself to write “lady) in Sacramento, California, that is apparently suing Mcdonalds because her kids make her take them there for kids meals – because of the toys. She wants McDonalds to stop including toys in the kids meals. And, she expects McDonalds to pay her a lot of money because:

a. She is an idiot.

b. She is a moron.

c. She is greedy.

d. She is unemployed.

e. Probably over weight and generally undisciplined.

f. Thinks Boston Market is upscale dining.

g. All of the above and soooo many more things the reflect what is completely stupid in this country.

Whether this might be an Urban Myth or not, is immaterial. Other examples exist. In any event, this does not have to make sense. It can’t. The defiance of logic (and, for nuance, the absence of reason) is only matched by the clear drive of greed and lack of class.

It’s bad enough she is a moron and abuses the judicial process. But, she’s aided and abetted in doing so by a lawyer.

Other topics I’ll touch on might include: the flat tax, consumption tax, and my emerging theories around college scholarships based on a play-off system.

My thinking is simply along the lines of fairness and equity. So, feel free to try and debate me. Do it!

Peace be to my Brothers and Sisters.

Brian Patrick Cork

why forgiveness might be overrated

April15

I’m waxing sophomoric, here, and distilling some thoughts into the simplest of terms.

Practicing Christians will hold that forgiveness (which is apparently divine), and “turning the other cheek”, are vital elements to a sustained scociety and civility civilization.

Muslims extol the thinking that an “eye for an eye” can offer similar benefits, albeit with a greater emphasis on an ultimate and expedited solution.

A reason, but not necessarily, the reason, for my pondering much of this stems from my current investigations into existentialism and heterodoxy. In fact, you can read through my initial thinking here:  dangers of the authentic Life.

I understand, sort of, why it might make sense to turn a cheek when someone takes a swipe at you. But, on the other hand (perhaps literally) it also makes sense, to me, that if you cut off the hand that offends, the perpetrator can’t won’t likely repeat the mistake offense.

…pausing, here… I use the cross-out effect for affect – just so you know.

It takes character (ponder that play-on-words) to absorb a lot of Christian-oriented punishment. However, in the Muslim perview, the limited number of limbs (and life) increases the sense of urgency when it comes to playing fair.

Somebody has to pose these question and sort out the thinking. It’s what Prudent and Optimistic Gentlemen, do.

Peace be to my Brothers and sisters.

Brian Patrick Cork

waxing philosophical on Life and lessons

March14

Mr Miyagi taught Daniel-san that fighting is for wimps.

However, Miyagi also taught Daniel-san that when bullies bring the fight to you, fight back as publicly and honorably as possible. Sometimes, bullies need to be taught a lesson. When you’re trying to lead, but others shout you down, the time for political correctness or playing it safe is over. In situations of coercion, your power as a leader (business leader, thought leader, etc) is never more necessary.

Read into this what you will. Perhaps what you must. But, I know it’s striking a cord – like a tap on an exposed nerve. Now. Don’t deny it. Don’t you dare! You’re already thinking of an example of a time you should have made a stand.

Me? It’s Colorado.

That damn Kobayashi Maru. And, the mirror; always a mirror, eh.

Have faith in your integrity, I say. Do it!

Peace be to my Brothers and Sisters.

Brian Patrick Cork

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What’s All This About?

"What am I looking at?", you might wonder.

Lots of stuff.

Meanwhile, here, I discuss events, people and things in our world - and, my (hardly simplistic, albeit inarticulate) views around them.

You'll also learn things about, well, things, like people you need to know about, and information about companies you can't find anywhere else.

So, while I harangue the public in my not so gentle way, you will discover that I am fascinated by all things arcane, curious about those whom appear religious, love music, dabble in politics, loathe the media, value education, still think I am an athlete, and might offer a recipe.

All the while, striving mightily, and daily, to remain a prudent and optimistic gentleman - and, authentic.

brian cork by John Campbell





photos by John Campbell

 

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