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MEDINAH, Ill. (AP) ? An unfavorable ruling turned out to be the jumpstart the Europeans needed.
Fired up when they were refused relief on the second hole, Rory McIlroy and Graeme McDowell have gone on a birdie run and are setting the tone for Europe's early dominance at the Ryder Cup on Friday.
It was exactly the kind of start European captain Jose Maria Olazabal hoped for when he sent his strongest pair off first in the foursomes.
McIlroy and McDowell closed the front nine with birdies on five of the last six holes, and were 3 up on Jim Furyk and rookie Brandt Snedeker through 12 holes. Ian Poulter and Justin Rose were taking advantage of the shaky start by Tiger Woods and Steve Stricker, who were lucky to only be 1 down at the turn.
Fourballs will be played Friday afternoon. Europe has won four of the last five Ryder Cups.
McIlroy's tee shot on the par-3 No. 2 landed a few inches in front of the sprinkler head, and McDowell asked for relief. The Americans seemed to indicate it wasn't needed, and two referees agreed, forcing McDowell to chip. The Europeans wound up bogeying the hole, giving the U.S. its first lead of the day.
But two holes later, McIlroy chipped in from behind the green to square the alternate-shot match. The world No. 1 screamed and threw a roundhouse punch when the ball went in the cup, and slapped McDowell's hand so hard his friend will likely be feeling it the rest of the day. That started a run of four straight birdies, with the Northern Irish duo making one big shot after another.
They even got some help from the Americans. Furyk called a penalty on himself when the ball moved ever so slightly as he took a practice swing on the 10th hole. He and Snedeker wound up with a bogey, and a bogey on the next hole gave the Europeans their biggest lead in any of the matches.
Stricker and Woods are 6-2-0 together in match play, and U.S. captain Davis Love III asked them to anchor the morning session. But they were in trouble right from the start, with Woods pushing his drive on No. 1 so far left it came to a rest against a fence in the corporate hospitality area. Stricker made a nice recovery and the Americans salvaged a halve against Ian Poulter and Justin Rose.
But they fell behind on the next hole, when Stricker put his tee shot in the water. Woods sprayed another tee shot into the gallery on No. 5, missed a short par putt on No. 6 and chunked a flop shot on the par-3 No. 8. But Rose missed ? badly ? on his par putt to win the hole as the Americans finally caught a break.
Source: http://news.yahoo.com/relief-ruling-fires-mcilroy-ryder-cup-153954382--golf.html
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Article Source: http://techcorplegal.com/Blog_Technology_Law_Business_Research/2012/09/08/app-law-mobile-software-applications-patents-legal-issues/
If we look back and analyse the recent developments in the field of mobile devices, we would observe that the rate of iOS and Android device adoption has surpassed that of any consumer technology in history. If this rate is compared to recent technologies, it is interestingly observed that smart device adoption is being adopted 10 times faster than that of the 80s PC revolution. In a span of almost five years, expansion of this new technology is rapidly expanding beyond early adopter markets such as such as North America and Western Europe. Based on current figures, it is estimated that there were over approximately 640 million iOS and Android devices in use during the month of July 2012.
As a result of such massive growth in this sector, a new term, ?App Law? is regularly discussed these days, which is basically a new development taking place in other areas of law. It includes four main sectors, which are?PATENTS,?COPYRIGHT,?TRADEMARK?and?PRIVACY. Generally, the following list focuses on common issues that should be considered while developing the app business:
Mobile Applications: Patents
Software and Mobile Apps, including those sold in Apple?s App Store for the iPhone and the Android Market for Android phones, are an increasingly profitable market with huge commercial benefits. Mobile apps are similar to other software and business methods when it comes to patent eligibility and patentability, which effectively implies that apps are patentable.
For example, Google has been recently awarded a patent, called ?Login to a computing device based on facial recognition,? that describes a technology for identifying a person?s face and delivering to that person full access to personal information on a device. In use, Google?s patent requires a camera that can identify a person?s face. If that face matches a ?predetermined identity,? then the person is logged into the respective device. If multiple people want to access a computer, the next person would get in front of the camera, and the device?s software would automatically transition to the new user?s profile.
To satisfy the patentability and patent eligibility in US, an invention must meet the requirements of 35 U.S.C. ?? 101, 102, 103 and 112 of the US Patents Act, which may be summarized as follows:
35 U.S.C. ? 101 ? Inventions Patentable ? Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
35 U.S.C. ? 102 ? Conditions for patentability; novelty and loss of right to patent ? 35 USC ? 102(a):? A person shall be entitled to a patent unless the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent. 35 USC ? 102(b) ? A person shall be entitled to a patent unless the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.
35 U.S.C. ? 112 ? Specification ? 35 USC ? 112(a):? The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Mobile Applications: Legal Issues
For even small and start-up technology companies, one of the largest and quickest revenue generators is the MOBILE APPLICATION DEVELOPMENT. However, the more important and serious issues for mobile application development companies are legal protection and agreement for their applications. The laws governing the mobile applications widely depend on nature of subject, nature of consumer and the business model used for developing the application, it is necessary to consider the following points:
Intellectual Property Right (IPRs) in Application Software
A copyright is given to the intellectual property right in the application software which is enjoyed by the authors from the moment the code is written by them. If the application development code is outsourced to a vendor, which is either achieved through a joint venture or taken from open source software, in any case the ownership to the copyright may be complicated.? When a part or complete application development has been outsourced, the vendor agreement should safeguard the financing party that all the IPRs have been acquired through a properly legal drafted ?work for hire? clause. Moreover, while the application is being developed it is very important that the vendor should be bound with a non disclosure agreement so that confidentiality is ensured.
When an application is developed and owned by a partnership, the IPR only over the subject is owned by each company. If any party of the partnership wants to further exploit the application for commercial or non-commercial purposes, then the partnership agreement should be executed. Each party will be required to account the financial benefits derived from the usage of the application to the other party.
Open Source Software
Open source software is used in 88% of Android phones and 41% of the IOS phones. OSS licenses have special requirement for attribution, distribution and non-discrimination with respect to the platform. Further, a single application may use a combination of OSSs, each governed by a different license.
Intellectually Property Right in Content
Copyright content such as images, videos and sound recordings might be used in the development of the application. ?Right Clearance? is required by the developers from the copyright owners in order to be protected against infringement claims. It is important to receive permission for use where such rights have not been licensed.
If the application or its features are similar to a prior registered or recognized trademark, Trademark issues might also arise. The actual test of the infringement is recognizing the use of another?s trademark which is not confusing the user regarding the origin of the application. This could lead to the infringement in a number of different ways which include:
In order to avoid the infringement issues, the developer should identify the use of prior trademarks and inform the user that the application is not endorsed by the trademark owner. If the requirements of the safe harbor clause are followed by the developer, Digital Millennium Copyright Act might help avoiding the liability. The requirements include:
Privacy and Data Collection Issues
Recent studies show that privacy and data storage have become real concerns for the users. Failure to address the end user?s privacy may result in a negative way to the application?s consumer support and sale.
Privacy and data protection can be addressed by making effective terms of use and privacy policy statements that are reflective of the developer?s consumer base practices. The privacy statements must include:
Specific laws govern the use of information if the target is towards the application that collects financial, personal or health data.
Jurisdiction
The application developer needs to consult the laws in the country where the application would be distributed. Laws like consumer protection, privacy and data protection are different in U.S. as compared to Europe, China and India. If the App is being distributed in country apart from U.S., it is highly advisable to consult with?an attorney or other expert in mobile and consumer laws?of those countries.
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Scientists have figured out how to use sound waves to levitate droplets of liquid. While the phenomenon is gee-whiz cool in its own right, the technique could lead to the development of new drugs that the body efficiently absorbs.
The contraption consists of two small speakers that generate sound waves at frequencies slightly above the audible range, roughly 22 kilohertz. The speakers are aligned one above the other so that their sound waves interfere with each other and create what?s called a standing wave.
At points along the standing wave known as nodes, the acoustic pressure from the sound waves is sufficient to cancel out the effect of gravity, enabling light objects such as droplets of liquid to levitate when placed there, according to a press release from?Argonne National Laboratory.
As seen in the video below, there are several nodes between the speakers, allowing Argonne?researchers to levitate several droplets at once.
The phenomenon was originally pioneered at NASA to simulate microgravity conditions. Chris Benmore, an Argonne X-ray physicist, and colleagues turned to the technique to figure out how to get the chemical compounds of drugs into a state that is more readily absorbed by the body.
At the molecular level, the lab explained, pharmaceutical structures fall into two categories: amorphous or crystalline. Amorphous drugs are more highly soluble and have a higher bioavailability, meaning they can be given at lower doses to get the desired effect.
The problem is getting a pharmaceutical from a solution into an amorphous state is difficult. If a solution evaporates while it is in contact with a container, it is far more likely to solidify in its crystal form.
One way to ?amorphize? the drug, the researchers reckoned, was to evaporate a solution without it touching anything. The acoustic levitator was the solution.
What?s more, the samples can be studied with the lab?s high-energy X-ray beam while it is being processed, allowing the researchers to understand the conditions that make for the best amorphous preparation.
The lab is currently pursuing a patent for their technique and partnering with academic researchers to determine which drugs their technique will impact most strongly.
???via Talking Points Memo?
John Roach is a contributing writer for NBC News Digital. To learn more about him, check out his website. For more of our Future of Technology series, watch the featured video below.
Source: http://www.nbcnews.com/technology/futureoftech/see-sound-waves-levitate-drops-liquid-998965
The New York City Board of Health passed a rule Thursday banning sales of large sodas and other sugary drinks in restaurants, delis and movie theaters in the hopes of combating obesity. Here are the rules and the exceptions. They take effect in March.
? WHAT'S BANNED: Sweetened drinks in containers larger than 16 ounces. A range of popular sweetened beverages, including energy drinks, presweetened ice teas and common brands of nondiet soda will be affected.
? EXCEPTIONS: Beverages that are less than 25 calories per 8 ounces, more than 50 percent milk or 100 percent fruit or vegetable juice. Starbucks is pondering whether large Frappuccinos might fall under that exemption, except that it is made with a large amount of blended ice, which probably knocks the milk content down under 50 percent.
? CUP SIZE: Cafeterias and fast-food restaurants with self-serve soda fountains will be prohibited from giving out cups larger than 16 ounces, but people will still be allowed to refill their cup multiple times. Sit-down restaurants will no longer be allowed to serve pitchers of soda to customers.
? WHO'S AFFECTED: Only establishments that receive inspection grades from the health department would have to obey the rules, a group that includes movie theaters and stadium concession stands. Convenience stores, including 7-Eleven and its king-size "Big Gulp" drinks, would be exempt, along with vending machines and some newsstands. Beverages sold in supermarkets or most convenience stores are not affected.
? IN QUESTION: Iced coffee may be problematic. Many cafes now sweeten the beverage with liquefied sugar before handing it over to the customer, often in a giant cup, largely filled with ice cubes. Under the new rules, customers might have to add the sweetener themselves to avoid a violation.
? ENFORCEMENT: Will be carried out by New York City's army of restaurant inspectors. Violations uncovered during those inspections will lead to a $200 fine.
Source: http://news.yahoo.com/york-citys-sugary-drink-rules-exceptions-210420035--finance.html
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