BotnetZombie writes "Wired has up an article/gallery with very impressive images from the nanoworlds around us, and little stories for each picture. Besides giving an inspiring insight into the world of very little things, images of this kind can help scientists in many fields get a better handle on their subjects."

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Dean Garfield writes "An article at TorrentFreak notes that several BitTorrent developers have proposed a new protocol extension with the ability to bypass the BitTorrent interfering techniques used by Comcast and other ISPs. 'This new form of encryption will be implemented in BitTorrent clients including uTorrent, so Comcast subscribers are free to share again. The goal of this new type of encryption (or obfuscation) is to prevent ISPs from blocking or disrupting BitTorrent traffic connections that span between the receiver of a tracker response and any peer IP-port appearing in that tracker response, according to the proposal.'"

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Nearly ten years ago, the US Court of Appeals for the Federal Circuit (CAFC) made its ruling in the State Street Bank case, effectively allowing patents on business models and greatly expanding the scope of software patents in one single move. While there are many problems with the patent system, this one decision made for a lot more bad patents very quickly -- and many of the ridiculous lawsuits you see today wouldn't even exist if this decision had gone the other way. While we've seen the Supreme Court suddenly get religion on fixing the patent system in the past few years, it hasn't really touched on the question of software or business model patents.

On one case that could have addressed the issue, the court dismissed the case on a technicality, rather than digging into the actual issue, though in the dissent, some Justices made it clear they weren't comfortable with the State Street ruling. Last year, some folks tried to sneak the issue of software patents into another Supreme Court patent case, but that seemed like a stretch, since the case really had little to do with software patents directly. The decision in that case did set things up, though, so that the Supreme Court later could reject software patents.

Now we have another important case to watch. As pointed out by the Toll Tracker, CAFC has agreed to a full court hearing to examine the scope of what can be patented. It may sound like a technicality, but it could be a very big deal. Going back on the earlier State Street ruling could effectively knock out many business model patents and software patents, restoring at least some (though, certainly not all) sanity to the patent system, especially in the technology world.

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Rob Hyndman points us to a news report on what must have been one of the more bizarre panel discussions at this week's Mobile World Congress event in Barcelona. It was a panel on the user experience of mobile phones, where a bunch of folks from other companies tried to puzzle out why people liked the iPhone so much, noting that people generally associated the iPhone more with Apple than AT&T (gee... wonder why?) What's amazing is seeing some of the execs trying to come up with solutions through more careful methodologies:

"One direction, advocated by Lucia Predolin... is to manipulate users by identifying their "need states" -- including such compulsions as 'killing time,' and 'making the most of it' -- and fulfilling them subliminally."

And that, of course, is exactly why no other company designed the iPhone before Apple. They're trying to overthink things and figure out how to manipulate users, rather than sitting back and saying "how can we build something cool that people like that doesn't suck the way existing phones do?"

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Riding with Robots writes "The never-say-die robotic geologist Opportunity continues its extended explorations in Victoria Crater on Mars. The latest findings from the mission suggest that while plenty of water did exist in this location, it was so salty that life would have a very hard time gaining a foothold. 'Not all water is fit to drink,' said Andrew Knoll, a member of the rover science team. 'At first, we focused on acidity, because the environment would have been very acidic. Now, we also appreciate the high salinity of the water when it left behind the minerals Opportunity found. This tightens the noose on the possibility of life.'"

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Having seen the Senate create a special patent exemption for banks, it should come as no surprise that plenty of other industries are looking for special intellectual property treatment as well. Take, for example, the fashion industry. Years back, we noted that the fashion industry was a near perfect example of a creative industry that thrived despite no copyright protection on clothing designs. It showed what a myth it was that creation and innovation would stop in the absence of copyright law. In fact, studies began to show that it was that exact lack of copyright that drove the industry to be so innovative. That was for two reasons. First, designers had to constantly be innovating. An old design is an old design and they couldn't rest on their laurels, but had to keep creating newer and better designs. Second, by allowing knockoffs to hit the market, it actually helped promote the designer versions, and make those legitimate versions even more valuable.

Given all that, it's pretty difficult to understand why Congress decided to introduce new legislation specifically extending copyright to the fashion industry. Research suggested that such a copyright would effectively kill the fashion industry. It's about as backwards a law as you can get. The purpose of copyright is to create an incentive for new and innovative content -- and here's an industry where a ton of new and innovative content is created all the time without it. To any right thinking person, it should be clear that no copyright is needed. And, yet, Congress moves forward with the effort.

As the bill is being discussed, Congress has apparently held a hearing entitled: "Are Special Provisions Needed to Protect Unique Industries?" The answer should be a pretty clear "no," but instead, people were treated to an explanation of how a lack of copyright in the fashion industry would mean that the terrorists, organized criminals and child pornographers would win:

"Most people think that buying an imitation handbag or wallet is harmless, a victimless crime. But the counterfeiting rackets are run by crime syndicates that also deal in narcotics, weapons, child prostitution, human trafficking and terrorism. Ronald K. Noble, the secretary general of Interpol, told the House of Representatives Committee on International Relations that profits from the sale of counterfeit goods have gone to groups associated with Hezbollah, the Shiite terrorist group, paramilitary organizations in Northern Ireland and FARC, the Revolutionary Armed Forces of Colombia."

Note, of course, that where the proceeds of such sales go has no bearing, whatsoever, on the the issue of copyright. But don't think that won't stop the fashion industry from setting this up as an emotional issue. And, of course, it's not just the fashion industry. The report also notes that the automobile makers showed up at the hearing as well, claiming that they need special copyright protections on car part designs. Who else wants to step up and ask for special protections?

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A balloon artist visits an assisted living facility, shapes crazy hats out of balloons, and makes a lot of elderly people very happy for a while. That's it. No irony. Video link. (thanks, nirvan)

A 14-day-old Samoan infant died in DHS detention at Honolulu airport earlier this week, and American Samoa's delegate to Congress is calling for an investigation:

The baby had been flown to Honolulu for emergency heart surgery. He died while detained inside a customs' room at the Honolulu airport with his mother and a nurse.

Link (thanks Nithya)

Eric writes in to let us know of a rather odd trademark infringement lawsuit going down in New York. It appears that "The Naked Cowboy," a Times Square institution (he's basically a guy who plays a guitar in Times Square in a cowboy hat and underwear) not only has a trademark on the concept, but he's suing the Mars Company for a video billboard it put up in Times Square (of course) showing animated M&Ms prancing around in cowboy hats and underwear in a virtual Times Square. As the article above reports, the guy may actually have a case of trademark infringement under current laws, though $6 million seems a bit excessive no matter how sure the cowboy (real name: Robert Burck) is of his chances. The real question, though, is whether or not this makes any real sense. The purpose of trademark law is to prevent consumer confusion. It's to prevent Bob's Cola from labeling its bottles as Coca Cola and getting people to buy something other than what they think they're buying. Is that the case here? Will M&Ms buyers be confused? I doubt it, even when we apply the famous "moron in a hurry" test. It's certainly difficult to see how the ad takes anything away from Burck himself -- though, I imagine the lawsuit should only serve to draw more attention to him, which is likely the point, whether or not he scores $6 million out of Mars.

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Kotaku has a doozy of a post up today -- Yaron Brooks, the president of the Ayn Rand Institute, talking about the use of objectivism in the first-person-shooter game Bioshock:

BioShock may have been conceived as a study in nuance, a place for gamers to discover and explore at their own pace, but its dip into the ethical morass of Ayn Rand's objectivist philosophies has brought her beliefs back into the mainstream spotlight and even piqued the interest of the Ayn Rand Institute's president, Yaron Brook.

Brook, a former member of the Israeli Army military intelligence and award-winning finance professor at Santa Clara University, first took notice of the game when he discovered his 18-year-old son playing it. It's a fact that didn't bother Brook despite his son's objectivist beliefs and the game's not so positive take on the philosophy.

"My son has to find his own way in life," he said. "There are certain games I wouldn't want him to play, like Grand Theft Auto, games that celebrate criminality. But a game that might lead him to think and have him challenge his ideas, I'm fine with. "Luckily for me he doesn't agree with the game, he still seems to believe in objectivism."

Link (thanks, Brian Crecente!)

eldavojohn writes "Remember the investigation ICANN did in domain name front running? Well, it turns out that there was no wrong doing going on at all. What went wrong? Domain name 'tasting', which involves a free five day trial of a domain name, was the big culprit. From the article: 'In some cases ... the committee found that a separate practice of domain name tasting may be causing problems. That refers to someone testing the financial viability of a name for up to five days and then returning it for a full refund, using a loophole in registration policies. Domain tasting can tie up millions of Internet addresses, including ones someone checks but does not buy.' If you check for availability of a website and someone sees you do it and they reserve it before you, it's fair play."

Read more of this story at Slashdot.

I Don't Believe in Imaginary Property writes "AT&T and Verizon will be shutting down their old, analog AMPS networks next Monday, and AT&T will also turn off its old TDMA network, with smaller providers expected to follow thanks to a sunset date set by the FCC. After these old networks are shut down, the networks will be all digital. Of course, if you have one of those old fashioned 'just a phone' cellphones and it happens to be analog, you'd best enjoy the last few days before it becomes useless."

Read more of this story at Slashdot.

Nearly a year ago we wrote about how "professional" groups and organizations where professionals are required to obtain a license and abide by certain rules are really a new type of anti-competitive union, hidden beneath the veneer of public interest. I should be clear up front, as someone who actually has a degree in this stuff, and spent plenty of time with unions that I have no problem with the concept of collective bargaining. The problem is that many union activities are less about collective bargaining and more about anti-competitiveness. It appears that Forbes has now stepped up to the plate with a very similar article to ours, noting that professional organizations are the new unions, not only hiding behind bogus claims of public interest, but also doing a lot more harm than good in many cases. As the article notes, these professional licensing organizations raise fees, shrink the labor pool and often make things less safe -- by encouraging people to do dangerous things they might otherwise hire a professional to do, if that professional weren't kept artificially expensive. In effect, the arguments in favor of these types of licenses are similar to the arguments in favor of DRM or other limitations on a market. While they may sound good upfront to those in a position to leverage the monopoly power granted by them, the unintended consequences over the long term harm everyone.

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At the Newsweek blog LevelUp, journalist N'Gai Croal wrote this week about the sometimes-precarious position of videogames in popular culture. The frustrations of legislators, lawyers, and 'pro-family' groups aside, the popularity and record sales of the gaming industry would seem to indicate rising stock for gaming as an art form in the US. And yet, there are some folks who see gaming as just another fad, which in some time will be equal in popularity to comic books or tabletop roleplaying. N'Gai starts to form his response by noting that learning to play videogames is considerably easier than developing an appreciation for literature of any kind. He then goes on to note that the (oft-cited) lack of weighty subjects in gaming is more due to the 'pop culture' nature of the hobby than the medium itself. "Popular fiction generally outsells literary fiction. Summer blockbusters generally out-gross arthouse films. Is this any different from, say, Call of Duty 4: Modern Combat out-NPD-ing BioShock last year, or Madden doing the same to Shadow of the Colossus in 2005?" He discusses some ways to address that, but do you have any solutions? Or are games doomed to be the playthings of adolescent boys for the rest of the century? (And yeah, I resent the 'comics ghetto' label too.)

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bosoxsux writes "Rogue DNS servers are an increasingly popular tool for scam artists, according to a new report. Their numbers are on the rise, in part because they're difficult for antivirus software to deal with. 'There are now approximately 68,000 rogue DNS servers across the Internet, The authenticity of the sites such servers redirect to varies greatly, from near-perfect copies to laughably bad, but the problem they represent is quite serious. Once an end user's computer has been modified to use a poisoned DNS server, the system can be directed to any fake web site the malware author feels like serving up.'"

Read more of this story at Slashdot.

Over the summer, we saw Congress mistarget its anger over stupid government employees misusing P2P software to reveal government secrets by blaming the P2P software. It didn't take long for them to propose a law to deal with the problem. Thankfully, the White House is actually pointing out how unnecessary this is and how silly it is to target a single type of technology, when the issue is about how people use the technology, not the technology itself.

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ethericalzen writes "An article from BBC News online states that ISPs in the UK are resistant to the government's desires for monitoring their users' data. The government seeks to have ISPs turn off the access of users who are 'persistent pirates'. The ISPs are citing technical and legal reasons for why they do not wish to do this. Legals reasons include surveillance laws which prohibit ISPs from monitoring a user's data unless compelled by a warrant. Technical reasons include an inability to accurately identify copyrighted material that is legally being transferred over p2p clients, and copyrighted material that is being transferred illegally over p2p clients."

Read more of this story at Slashdot.