More on the Gitmo Trials

Leave a comment

Trying  not to cooperate, the terrorists accomplished their jobs.  What is ironic is that in 2008, they already pleaded guilty so they could die as martyrs.  If the trial had not been stopped so Attorney General Holder could put them on display, this would have been over.

To provide balanced coverage, I picked a site that is the opposite in ideology from yesterday’s source.  I will let the readers make a decision on who covers it fairly.  I only care about justice.

The other defendants — Ramzi Binalshibh, Walid bin Attash, Ali Abdul Aziz Ali and Mustafa al Hawsawi – joined Mohammed in refusing to answer questions from Army Col. James Pohl, the judge presiding over the proceedings.

At one point, two defendants got up and prayed alongside their defense tables under the watchful eyes of troops arrayed along the sides of the high-security courtroom.

Bin Attash was put in a restraint chair for unspecified reasons, then removed from it after he agreed to behave.

Lawyers for all defendants complained that the prisoners were prevented from wearing the civilian clothes of their choice, in a proceeding equally slowed by technical legal questions about defense complaints about the court’s authority and access to evidence and translators.

Brigadier General Mark Martins, the chief prosecutor of the Pentagon’s Office of U.S. Military Commissions told Fox News that he “understands the skepticism” about access to evidence, but some still remains classified.

Mohammed’s civilian lawyer, David Nevin, said his client was not responding because he believes the tribunal is unfair. He also suggested Mohammed was not wearing the earphones because it reminded him of being tortured.

All 5 men occasionally looked through what looks like the Koran, magazines, and other reading materials.

IBM Purging The Old Guard, More Unofficial Layoffs

1 Comment

Any other company in this age of litigiousness would be suspect, perhaps for alleged age discrimination.  Fortunately, IBM has been in enough lawsuits that the wording, terms and coercion are carefully crafted and legally reviewed……Heck, we couldn’t use the word monopoly in any press release decades after the monopoly lawsuit.

Here it is ->

IBMers who are qualified to apply are:

• Employees who received a satisfactory or higher performance rating in 2011
• Employees who participate in IBM pension plans currently or by Jan. 1, 2014
• Have met the criteria of at least 30 years of service regardless of age
• Are at least 55 with 15 or more years of service
• Or are at least 62 with five or more years of service
• Or are at least 65 with one year of service
• More recently hired IBMers who participate only in IBM’s 401k “Plus” plan if they are age 62 as of Jan. 1, 2014

I know a lot of folks who fit in this class. They are smarter and wiser than those who will be filling their shoes.  In some cases, they are some of the smartest people in IBM like Rod, Jeff and maybe even Bob.

This has the outward appearances of a Wall Street promotion.  Stocks have a tendency to rise when companies announce anything tantamount to layoffs and as I detail later, IBM seems to be focusing on EPS more than innovation.

HOW TO MASK ANY DISCRIMINATION

This program is made “voluntary” with a guarantee of no RA or resource action (being fired in IBM speak) if you promise to retire in 2013 (loads of part time work).  You can logically deduct that there will be more people RA’d as predicted a while back here and here (as far back as February).  You can bet there is a slice of this population that will benefit from this as they would have been RA’s later this year.  The alternative is that a major division such as GBS or GTS which both are treading water could be sold off.

It’s roots go back to the FAP (financial assistance program) back when Gerstner took over and got rid of all the dead weight roaming the halls of IBM (which may be why they are doing it again).   Give them enough money to leave and be quiet and you can dump any crowd you target.  Most people rarely get this good of an out, so watch the IBM passengers jump the ship like it was sinking.

IT’S WHO IS LEAVING THAT IS IMPORTANT

Remember that at the end of the day, IBM is still a mainframe company despite the barrage of services and software messaging and reporting…..their job is to service the mainframe .  Most of the software they sell is for the mainframe as it is “middleware”.

Over 40% (48 I think is the number so almost 50%) of Systems and Technology Group (STG or the Mainframe group) are in this retirement category.  That means those with all the knowledge of how stuff works is leaving.  Sure there will be a lot of youngsters who can tweet, but veteran VLSI chip designers and circuit board layout engineers for the next Cloud server are gone.

This means the will have to hire back the folks that know what is going on, or know how to program in COBOL.

WHAT HAPPENS WHEN THEY ACCEPT THE BUYOUT?

Nothing.  That’s right, even for the most conscientious of employees, people are going to stop working with them so it is a vacation the rest of the year.

You see, IBM is a place where you call around to get someone else to handle some or all of your work especially in an emergency (it always is when Ginni says get it done which gets thrown around in vain now).  If first choice (the person in charge of the product) is not available, you move on to the next likely source until you get someone to take on the task.  When you know a person is only in for 3 days a week, you stop going to them as the pressure is so high that to get your job done you will go elsewhere.  This of course puts the burden on everyone else to do more with less knowledge, hence a job done worse or you get time back due to not enough people to hold the meeting ;-)

THE PENSION PLAN

A while back, if you did not have 20 years of service, you got moved off the pension plan (the gravy train) and onto a cash balance plan (401k with your money and a little bump from IBM) to placate any hint of discrimination, an event which can clearly be tied to this announcement.

I got a letter from IBM that said the plan was only funded to 88% this year.  They need to get people off this plan so IBM is not required by the government to make it 100%.  While it is an off balance sheet item for now, it still is a liability.

IT ALL COMES DOWN TO THE 2015 EPS CLAIM

IBM made a prediction that it will pay $20 EPS in 2015.  I believe it will with this announcement.  Older workers make more, have more costly healthcare and can’t be persuaded to work 100 hours a week as easily as millennial’s.  You have to make sales, tough in this economy or cut expenses.  Payroll (including benefits) is a big number on any company’s financials, so this is a good place to drop the knife.  Nothing stands in the way of this number.

They are going to buy back $7 billion in shares, get rid of expensive employees and cut to the bone any group that isn’t highly profitable and bingo, $20 it is tattooed on the backs of the employees known as Roadkill 2015.

Conversely, if you read the book by Thomas Watson Jr., he quoted that his father (founder of IBM) always hired in times of trouble so he could be ready for the time things turned around.  I’m trusting that IBM will make a move to hire a lot of new graduates to work in the USA as replacements.

WHO GETS HURT

The Customer, period. (editors note: the employees that make it to 2015 except those in the NY club get it also)

Cut out the product knowledge and you have marketing messaging for your products (Smarter anything is the nom de Jour). You’ll see innovation suffer due to this talent drain.  There are really smart people at IBM and I’m sure there will be more, just without the benefit of the person who blazed the trail).  When you let the bean counters make the decisions for the future, cutting expenses is the goal.  Perhaps, IBM will find the next Mark Zuckerberg to work for Big Data?

So expect some letdown in quality and surely morale, just like the rest of the industry (prediction, Apple’s next product will be google wave or plus or Newton capable).

In a way, this even’s the playing field and will be fun to watch unless Oracle, Google, Microsoft and HP can screw up worse.

BIGGEST LOSS OF ALL?

Steve Mills has been there over 30 years and qualifies.

UPDATE

It seems that for those who qualify, this is a wildly popular program.  It is a once in a lifetime (for most) to get paid to leave and work less in the transition while planning your retirement.  There is some high fiving in the hallways knowing that the light at the end of the tunnel just got brighter.  They say it’ll be one big long vacation for the old timers to end their career.

Doctors Disagree on How, But Most Want To Fix Healthcare

Leave a comment

From Kevin MD:

Three out of four dentists recommend this tooth brightening toothpaste — make your smile sparkle like never before! Six out of seven plumbers recommend this drain opening de-clogger — make your bathtub drain like never before! Nine out of ten doctors recommend improving the medical system in the United States — make your health care system heal like never before!

But how do we do that?

Do doctors think the Affordable Care Act is the soothing balm for the festering wound that is the economics of the American medical system—paying too much while delivering too little population health? What do our health care experts think about health care reform? Do we think it is a step in the right direction? A step towards doom and damnation?  A small step for insurance companies, a huge leap for mankind?

It goes on to say that they need to read the bill to see what is in it.

Read more here

However, here is what is in the bill  click on it to find out what is in the bill and what rights we the people lose like financial control over our own assets and our own doctors.  We do lose that despite what congress and the POTUS say to the contrary.

Carville Senses Loss in Supreme Court Decision, Begins the Spin

Leave a comment

And it’s the usual, Carvelle blame it on the Republicans.  Heck, he even found a way to blame it on Bush.  The playbook stays the same, but we’re getting a sense on how the supreme’s are going to vote.  Looks like 5-4 against individual mandate.

re the Democrats expecting to lose the battle over healthcare? Judging from the comments made by several prominent Dems, the party is prepping for what to do after the high court shoots down the individual mandate.

Two days ago, former DNC Chair Howard Dean told CBS Early Morning that he expected the individual mandate to be overturned.

Yesterday, CNN’s Legal Analyst Jeffry Toobin called the proceedings “a train wreck” and predicted that the individual mandate will “likely be struck down.” If true, how will the Democrats then spin the defeat to their benefit? Enter James Carville.

Carville Reveals Democrat Strategy if Obamacare Loses

Last night on CNN, the Democratic consultant made a curious statement about what happens if the Supreme Court rules against the administration. He appears to already be ratcheting up the anti-Republican and anti-Supreme Court rhetoric in preparation, even tying a possible Obamacare defeat to the Bush-Gore election of 2000.

 

Consider Mr. Carville’s words regarding a potential defeat in the Supreme Court (after saying a defeat would be the “best thing” for Democrats because of rising health care costs):

“They overturned an election. And just as a professional Democrat, there’s nothing better for me than they overturn this thing 5-4. And then the Republican Party will own this health care system for the foreseeable future. … Go see Scalia when you want health care.”

In other words: the Supreme Court gave the country Bush, and now it’s going to take away your health care.

“This is not spin,” he reassured.

Really?

 

Interviewing, What Not to Say

1 Comment

As I face the end of this phase of my corporate career, I recall back on the many interviews I’ve had.  Some went well as I’ve had jobs, and certainly many did not as I didn’t get others.

The strangest question I was ever asked was if you could choose whether to be on a planet where you worked all the time or one that you could rest and play all the time, which would you choose?  Fortunately, I answered I’d go to the planet to work all the time so that I could get to the other one to enjoy the fruits of my labor.  Somehow that worked and I got the job.

After I wrote this, one of my friends from work sent me this worthy entry.  Thanks Arline.

  After spending 30 minutes interviewing a young man for a position  
        he asked if I would elaborate a little more on my own position, I
        kindly agreed, He then said he had decided he wanted my Job and
        not the on he was interviewing for.

After hearing the mention of what people say, I decided to include these answers from Rachel Farrell, Careerbuilder.com, to whom I give full credit.

You can always depend on young children to tell you exactly what they think, or precisely how they feel on any given topic. Want to know if your breath smells bad, if you should wear a different tie or if you really look fat in that outfit? Find a 5-year-old. He will give you an uncensored, honest answer.

Needless to say, we expect more from adults. Especially adults who are interviewing for a job.

For the second year in a row, we asked hiring managers everywhere to tell us the craziest thing they’ve ever heard in an interview. Keep reading for 37 hilarious (and true) statements from the job candidates:

1. “I interviewed a gentleman who looked great on paper but said two things during the interview that made me think, ‘Really?’ When starting the interview, I asked him what his hobbies were, to lighten the mood. He replied, ‘I sometimes walk up to perfect strangers just to say hello. I also like to pick up trash if I see some when I’m walking around.’ After I asked him how the position would contribute to his professional goals and future plans, he replied, ‘My main goal is to be a rock star; this is more of a backup plan.’” – Jessica Harrington, marketing associate, Eastern Michigan University

2. “I remember interviewing a secretary some years ago and asking her, ‘What is important to you in a job?’ Her answer was: ‘I want to work close to Bloomingdales.’” – Bettina Seidman, career management coach, Seidbet Associates

3. “‘When your workload is heavy and you are overwhelmed, how do you handle the stress?’ ‘I run in the bathroom and cry.’” — Jessica Simko, Career Branding Guide

4. “We performed mock interviews where our clients were put in an interview session using their real backgrounds, interests, etc. When asked why the client left her last job, which was in a family buffet-style restaurant, her response was, ‘I was hungry and didn’t know it would be a problem so I had pizza delivered to the restaurant while was on the clock.’” – Jacqueline Lisenby, chief visionary officer and president, StatusJ Entertainment Group

5. “I interviewed a senior engineer for one of our open positions. He demanded coffee and proceeded to spill coffee in his lap. Then he pointed to his groin area, laughed and said, ‘It looks like I wet myself!’ Needless to say, he didn’t get the job.” – Lisa Hall, human resources trainer and author of “Taking Charge of Your Own Health”

6. “I recently had the craziest interviewee ever come into our offices for a copywriter position. I wanted enthusiastic, but this guy was so over the top, I almost laughed in the middle of the interview. He high-fived someone on my team after hearing that my team member just got engaged. He talked about how terrible his boss was for a good 20 minutes. He said he felt like he was already working with us. And then he left something behind so that he could come back and get it. He called wondering when he could come back, and we [saw] him prepping in the parking lot.” – Amanda Halm, senior copywriter, editor, Bridezilla.com

7. “Without a doubt, the craziest thing I ever heard came from a candidate for an entry-level management position. He looked perfect on paper, so we scheduled a phone interview for 3 p.m. He answered the phone and when I introduced myself he said, ‘Hold on, I’m at a bar. Let me finish this shot and go outside.’ Amidst the noise of an active game of pool and a rowdy bar crowd, he slipped outside and told me, ‘You know what? I’m a little drunker than I thought. Can we reschedule?’ Needless to say, we did not.” – Heather Lytle, senior partner, H&L Media Partners

8. “While I am not the interviewer for a corporation, having been in many interviews for opportunities, I have actually heard a number of interesting, crazy, less-tactful things said from the interviewer side. The worst was, I drove two hours to do an in-person, one-hour interview and the interviewer was 30-40 minutes late to the interview, even though she walked by me in the lobby six or seven times with a bag of chips talking about her personal life to the receptionist. When she finally came out to get me, she didn’t even act shocked or sorry for the delay, and just said, ‘I was munching on a bag of chips and time flies when you’re eating chips.’ Let’s just say I knew then it wouldn’t be a good fit.” — Chris Perry, founder of Career Rocketeer

9. “We recently asked a job candidate, ‘What do you know about us?’ He leaned back in his chair and replied, ‘Not much. Why don’t you fill me in?’ He wasn’t hired.” – John Kramb, Adams County Winery

10. “We always include a casual lunch or dinner portion during an interview to continue our discussions in a more informal manner. This candidate let their guard down, falling out of their ‘interview mode,’ during the friendly and casual meal-time discussions. They went so far as to share that they installed an illegal second network in their office with co-workers and would spend their afternoons gaming on the clock. They then went on to further share how regularly in the mornings and afternoons they would sleep at their desk during working hours. Bragging that they had never once been caught in either of these acts. Needless to say, this candidate was not hired. Prior to this meal-time, more casual discussion, they were likely to be made an offer. The lesson learned and to be shared is that you are on the interview from before you arrive at a location until you have returned home. I was truly surprised that such a smart individual would make such a stupid mistake by sharing such obviously unacceptable work practices with a potential new employer.” – Zachary Z. Zguris, chief technology officer, Lime Design Inc.

11. “The interview was for a highly visible administrative assistant position. Clearly, I was looking for someone who would exercise tact with top-caliber people who would come into our office. I opened the interview with a fairly standard question:

‘What is it that attracts you to this job the most?’ Without hesitation, she replied, ‘My mother thinks this will be the right job for me.’” – Bill Lampton, president, Championship Communication

12. “We have the standard lists of questions you’d expect to hear, but at any given moment, I’ll interject with, ‘If you were an animal, what animal would you be and why?’ The most shocking response was, ‘I’d be a cat so I can lay around all day and not have to do anything.’” – Efrain Ayala, account executive, Walt Denny Inc., The Home Products Agency

13. “The man’s phone kept ringing. Finally, he answered it and he said, ‘Hello. No. I’m fine. OK.’ Of course, it was rude and uncalled for in my opinion, but I gave him the benefit of the doubt and asked if everything was OK. He basically said nothing was wrong but that his wife was checking in. He had not flown in for the interview. He was local.” – T. Murray, author of “Stuck on Stupid: A Guide for Today’s Professional Stuck in a Rut”

14. “The most bizarre experience I ever had was regarding a candidate who was offered a position with my client. Because she had disclosed that she had a college degree, she was required to produce proof in the form of transcripts, diploma, etc. She told us that she was unable to produce the required documentation because her identity had been changed and that the information the firm was seeking was in her previous name. Due to safety reasons, she was unable to produce proof (in any name she had or was using).” — Cathleen Faerber, managing director, The Wellesley Group Inc.

15. “I was interviewing an older woman for a position in my company. I thought she had a great personality and was considering hiring her. Then at the end of the interview she asked if I would be able to give her a ride to work and then back home again everyday! Umm, no.” – Janice Celeste, president and CEO, Celeste Studios Film & Video

16. “I had a woman come in and tell me that she ran a business around the corner and that she would be working this job, as well as managing her business during business hours. I wanted to be sure that I understood her correctly — that she would be taking time away from the position with me to ‘check in’ on her store periodically. But when I asked her a few questions to clarify, she became upset with me and ended up storming out of my office.” – Shay Olivarria, speaker and author of “Bigger Than Your Block”

17. “One job candidate arrived late for the interview, in a not-so-gracious mood. ‘The commute is terrible,’ she said. ‘I’m so glad I don’t have to do this every day.’” – Sammie Samuella Becker, CEO, TigressPR

18. “I had a candidate in the final interview stages. He pretty much had the job. He was invited to interview with a couple of people who would become peers as last step in the process. One would-be peer asked my candidate to demonstrate to them his work ethic and drive, to which he replied, ‘You can just strap a saddle on my a** and ride me!’ Apparently, he was hoping to show what a workhorse he is. As you might imagine, he did not get the job.” – Jenny Foss, recruiting agency owner, recruiter and job search consultant

19. “I interviewed a candidate over the phone for a sales position. Less than five minutes into the call, I began to hear water swishing and realized that the candidate was taking a bath during the phone interview.” – Jessica Miller-Merrell, owner, Xceptional HR

20. “I had a candidate come into my office with her child and proceed to breastfeed her baby boy during the interview. There was no acknowledgment or mention from the woman I was interviewing about the baby or him eating.” – Miller-Merrell

21. “While interviewing a young lady who was wearing a revealing top, at the end of the interview, she leaned forward and said in a sultry voice, ‘I’ll do anything to get this job.’ She got people’s attention, but eliminated herself from getting hired.” — Ronald Kaufman consultant and author of “Anatomy of Success”

22. “One [candidate] came in dressed very professionally and really looked like she had made an effort to look the part. Some people assume because we are laid back and bring our pets to work, that we are extremely casual and will show up for an interview dressed in jeans, so this was a nice change. Toward the end of the interview, I complimented her on how professional she looked. She got this huge smile and looked down at her clothes and said, ‘I know. I think I look like Mary Tyler Moore; that’s why I wore this!’ We ended up hiring her and she was such a quirky, fun, enthusiastic employee with a style all her own.” — Cindy Lukacevic, owner/vice president of marketing, Dinovite Inc.

23. “While wrapping up a seemingly decent interview with a young lady for an administrative assistant position, I asked her if she had any questions. She asked one or two default questions about the company then — drum roll — she says, ‘I used my last bit of change to put gas in my car to make it here. Is there any way that you could help me out?’ Needless to say, I was floored and the candidate did not get the job.” – Clorissa Wright, senior publicist, WrightWay Marketing and Consulting

24. “‘I like to date the young ones, is that bad?’ and ‘I love older women, do you really only have women working in your organization?’ Those are the two I will never forget.” — Greg Palomino, CRE8AD8

25. “I was working for a private investigator and interviewing applicants for a decoy position, in which they could possibly be confronted with various situations while investigating everyone from potentially cheating wives to drug dealers. I asked a guy in his early 20s, ‘What would you do if you were working undercover and someone you were investigating starting using drugs?’ He laughed, ‘Oh, it wouldn’t bother me. I mean, I have a medical marijuana card and all. You know, anxiety and stuff.’ ‘Oh, really?’ I noticed his eyes were slightly glassy. ‘Yep.’ He grinned. ‘So, are you high now?’ I asked. A chuckle. ‘Just a little!’ ‘Oh, just a little?’ I replied. ‘When did you last smoke?’ ‘Oh, before I left my place to come here.’ He didn’t get the job.” –Lauren Gard, Infinite Public Relations

26. “Over a nice dinner, the president of a company conducted a final interview with a vice president of sales candidate. At the end of the interview, the job was going to be offered to the candidate. The waiter brought the bill and the candidate, who was employed at the time, took it, pulled out his company credit card and said, ‘Don’t worry about this, I’ll put it on my company’s expense account.’ The president later said he didn’t know which shocked him more, the lack of ethics or the candidate’s stupidity. Obviously the job offer was never extended.” – Brian Marchant-Calsyn, Health Career Agents

27. “An executive search recruiter was explaining the qualities needed for the job: multitasking, hard-working, time management skills, attention to detail, etc. The candidate responded with, ‘I can’t do that. I’m not a robot.’” –Andrea Friedman, public relations coordinator, The LaSalle Network, a Chicago professional staffing and recruiting company

28. “A recruiter was in the midst of an interview, when the candidate asked, ‘Do you mind if I use your kitchen to eat my turkey sandwich?’” — Friedman

29. “An executive search recruiter asked the candidate, who was previously an accounting manager, what their ideal job would be. The candidate responded with, ‘A Playboy photographer.’” – Friedman

30. “I had to interview for a position that required organization, time management and attention to detail. My candidate was young, in his early 20s, and wore all black to the interview. We were a very casual office, so I thought nothing of it. But when I asked him to describe for me an instance when he had managed his time effectively, he cited managing his time in dungeon raids in the online game ‘World of Warcraft.’ When I said I knew the game and had even played it a bit, he took that as his cue to answer all my questions with ‘World of Warcraft’ examples. The word ‘necromancer’ came up far too many times. Needless to say, I was looking for real-world examples and he didn’t get the position.” – Jennifer Escalona

31. “One of the funniest things an applicant said to me was in response to my question, ‘What do you like in an office environment?’ The applicant said, ‘I like 42nd and Broadway.’ Needless to say, that wasn’t what I was asking, and that wasn’t anywhere near our office location.” — Sharon Armstrong, author of “The Essential Performance Review Handbook”

32. “‘I have a hunch that someone in your office is dating an ex-boyfriend/acquaintance of mine and I feel that’s too awkward of a conflict of interest. I will not accept any job based on this kind of pork-chop recommendation.’ Especially amusing because no one in our office at the time was dating any men. We still have no idea where the candidate came up with this theory, or what exactly she means by ‘pork-chop recommendation,’ for that matter.” — Anne Howard, Lynn Hazan & Associates

33. “In an interview, the oddest thing has to be a candidate asking if we had any
food that she could have.” – Howard

34. “When I interview candidates, I always ask the following questions in this order: What are you most proud of? What do you enjoy doing? Why did you leave your previous jobs? Here are the answers I received from one candidate: ‘I am most proud of my wife and children.’ ‘The thing I enjoy most is spending time with my family.’ ‘I decided to quit. I had an affair with a co-worker and when we broke up there was too much tension in the office.’ And he said it without batting an eye.” — Bruce, executive recruiter and career counselor, Hurwitz Strategic Staffing Ltd.

35. “One time during an interview, a candidate removed his flip-flops and literally stuck his foot in my face. Another time, I was interviewing a candidate who asked me out on a date three times in five minutes. I had to remind him that he was on an interview — not speed dating.” – Heather Araneo, branch manager, Snelling Staffing – The Wyckoff Group

36. “Interviewer (president of a mid-sized company): Do you plan on having children?
Answer (me/candidate): Yes, at some point.
Interviewer: Do you intend to continue working then?
A: Yes.
Interviewer: What are you going to do, be like a cow and drop it in the middle of a field?” — Janice Warren, director, OneReport, SRI World Group

37. “One day, I met with a candidate who, on his résumé, had good experience and education. I was going through the normal interview questions with him when I asked him which accounting system he had implemented. His response was immediate: ‘PEACHTREE!’ But then he started shaking his head and saying, “No, no, no’ and then he slapped himself across the face and said ‘NO! QUICKBOOKS!’” – Meghan Norman, corporate recruiter

Global Warming in Florida

Leave a comment

We came to Florida for Thanksgiving to see the family and get away from the cold weather at home, only to find that it snowed in November in Florida….go figure. I thought maybe big Al paid a visit to discuss the issue.

disclaimer, I’ll poke fun at most subjects.

If Linux is Open, Why do users Owe Microsoft?

Leave a comment

Once again, in a show of misunderstanding about the meaning of Open, and a further misunderstanding about the where the future of license model vs. the implications of SaaS and where the industry is heading, the 8000 lb gorilla opens mouth and inserts body parts.

Greedy, Greedy, Greedy… or maybe Control, Control, Control

The Waterproof Cell phone – NOT

1 Comment

My last moving detail was to bring over the fish tank, without killing any fish. This required having them be in a bucket of water for the trip between old and new house. I carefully placed it next to me to avoid any issues, and anticipating the call asking when I’d get home, I got out my cell phone.

I’m sure you can figure out the rest…one quick stop, and cell phone goes for a swim with the fish. Since there was crummy coverage where I live, I switched from Nextel to Sprint to finish out my contract. But I had the Jack Bauer, season 5/Habib Marwan season 4 special which is now a paperweight. Instead, I have a used basic phone to get me to the end of my contract without the extra charges they kill you with.

This is the second phone to take a swim for me, the other went into the bilge in my boat. It didn’t survive either. My son says they need to invent a phone that’s waterproof and Dadproof.

IBM and Amazon in Patent conflict, Goliath vs. Goliath

1 Comment

IBM has entered into litigation with Amazon over violation of Patents.  Here are the facts:

1. Some legal cases are complicated — but this one is very simple.  It’s about IBM not being compensated for the use of its R&D. IBM spends about $6 billion on R&D each year, and we’ve had more U.S. patents than any other company in the world for each of the past 13 years.  Last year IBM was granted nearly 3,000 patents for its inventions and innovations.

2. IBM has tried more than a dozen times since 2002 to get Amazon.com to pay for using these patents.  Amazon.com has refused every time.

3.  IBM has been a leader in sharing intellectual property in ways that foster collaborative innovation.   But a key tenet of IBM’s IP policy is “mutual respect for intellectual property rights.”  Other companies license and use these very same patents, and IBM is entitled to protect its inventions.

4. We would have preferred to deal with this without litigation… it’s not what we do.   In fact, many companies have licensed these high-quality patents from IBM, as well as other patents, in “field of use” patent licenses.  Those companies value the quality and innovation of these inventions.   To not enforce our patent rights would be a discredit to those who  have fairly and lawfully taken these licenses.

5. We did what we had to do to protect IBM’s interests. (yes it’s rhetorical, but facts are facts)
My personal view is that in drawn out cases, the only winners are the lawyers who bill.  This will be complicated as IP law is a specialty that few are experts in.  It appears from the early facts that IBM has a good case, as it also has had with SCO.

I’ve been a part of 2 separate IP cross licensing issues that started as patent infringements, once with a software company in Redmond and once with Cisco.  What started out not on the right foot ended up as a positive for both companies so I know that IBM tries very hard to work these out if both parties will cooperate.  This leads me to think that Amazon is not trying very hard, except to not cooperate.

These usually drag out over years and are not fun nor pretty nor are they a PR dream.  I wouldn’t keep any hopes up for a fast resolution.  I do know that having worked with the IP lawyers at IBM, they are some of the most competent and well versed groups you will find, so don’t look for any unturned stones on this one.

I’m sure there will be plenty of updates to follow, but if I had to pick sides, I’d like to be on the IBM version of this one.  I’m sure that Amazon has a big team of lawyers also, but ultimately it has to be settled, in front of a judge, or by working together.  There are too many instances of IBM trying to work these out…Amazon, are you listening?

If it’s Tuesday, I must be in Paris, no Chatham County

Leave a comment

Well, I finally made it. We’re swimming in a sea of boxes of the stuff we’ve collected for decades, despite trying desperately to weed out any unnecessary items for months prior to the move.

It looks like it will take months to fully get moved in. When you’ve moved multiple times and owned multiple houses, you just seem to collect stuff.

I’ll post some before and after pictures just to get a feel for it, but due to DSL (all I can get in the country) downtime, I haven’t been online much. Stay tuned.

Lastly, for the testosterone fix, I’m getting a John Deere Tractor on Thursday, complete with front end loader, 62 inch mower and rotary cutter (bush hog) and tiller.

Older Entries

Follow

Get every new post delivered to your Inbox.

Join 667 other followers