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On 9/3/12 1:00 AM, "PHD-DESIGN automatic digest system"
<[log in to unmask]> wrote:

> There are 3 messages totaling 346 lines in this issue.
> 
> Topics of the day:
> 
>   1. Is the patent system bad for humanity?
>   2. Doing research with historical material
>   3. CFPs for August 2012
> 
> ----------------------------------------------------------------------
> 
> Date:    Sun, 2 Sep 2012 09:24:41 +1000
> From:    Keith Russell <[log in to unmask]>
> Subject: Re: Is the patent system bad for humanity?
> 
> Dear Don,
>  
> Thanks for the extended and illuminating account of issues arising.
>  
> When I taught 3D animation stuff years ago I used to refer to the missing menu
> NOUNS and VERBS. I included bounce-back and twinkle and glint and gleam and
> glisten and shine and sparkle and focus-pull and flare etc.
>  
> From your account of what goes on with the re-purposing of existing NOUNS and
> VERBS from one  medium to another, we should hold a pile of post-grad seminars
> in which we produce "new ideas" from old stuff and then patent the junk.
>  
> Perhaps we could get a million design student to generate original art work
> for phones and tablets etc. and then publish them so we can sue the turtle
> necks off Apple since it has all the money?
>  
> By subverting the silly patent system in the name of humanity we might be able
> to help form a new understanding of how to allow for innovation and
> development without the evil virus of patent trolling.
>  
> cheers
>  
> keith
> 
>>>> Don Norman <[log in to unmask]> 1/09/2012 11:42 pm >>>
> The patent system is sick.
> 
> On Fri, Aug 31, 2012 at 8:28 PM, keith.russell <
> [log in to unmask]> wrote:
> 
>> The patent for bounce back is absurd. Bounce back has been a feature in
>> animations almost from the beginning.
> 
> 
> But bounce back is a legal patent despite it being used in animation
> studios earlier. Its done differently for a different reason in a different
> medium. You may think that it is still too derivative (the patent term is
> "prior art") but the law says it is OK.  Note that the book on Disney
> animation, The Illusion of Life, was standard reading at Apple in the
> 1990s. Note too that Jobs owned Pixar (and was also CEO).
> 
> I am angry at pinch for zoom. That was in all the labs I used to visit in
> the 1990s. It is a bogus patent. The patent office in the US is really bad:
> it issues lots of patents that cannot be defended because of prior art.
> problem is, patent attorneys loo at prior patents, not at what actually is
> being done in the industry. And 20 years after, when the patent is
> challenged, it is difficult to prove what was and was not prior art at the
> time.
> 
> In this case, I think Samsung did copy Apple's Design patents, but were
> innocent in the software patents. But the Jury foreman owned some patents
> himself and claimed to be an expert and evidence is that he wrongly
> interpreted patent law and convinced the other jurors.
> 
> See http://www.groklaw.net/article.php?story=20120828225612963
> 
> I'm now starting a new company, and the patent first is monstrous. it is
> almost impossible to do anything today without violating patents. And
> patent trolls hire people to invent patents (not implement them, just write
> down the idea, which is all that is required) and also buy up lots of
> patents.  Most are not defensible, but it is cheaper to pay their $250K fee
> then to contest them.
> 
> At Apple, one of my jobs was to have my 250 person team get patents: i even
> had a patent attorney reporting to me. Big companies collect portfolios and
> when their product impinges on another company's patent (as it always
> will), they simply trade sets of patents. We did this with Microsoft,
> Intel, Sun, HP, ... all the time.
> 
> But when CEOs hate each other (Apple and Google, for example, which this
> samsung case is all about. HP and Sun, also), all bets are off.
> 
> Don
> 
> ------------------------------
> 
> Date:    Sun, 2 Sep 2012 09:59:40 +0000
> From:    Kari Kuutti <[log in to unmask]>
> Subject: Re: Doing research with historical material
> 
> To Terry, Tim, Francois:
> 
> Terence Love kirjoitti 31.8.2012 kello 2.04:
>> One pathway I've been testing since 1999, is focusing design theory on
>> 'design as specifying an intervention'  rather than 'design as specifying a
>> product/process/organisation'. It naturally requires a dynamic perspective
> 
> Terry, intervention sounds good ­ that is just what is needed in a clinical
> attitude towards a "body" of our interest. Ideally each designed artifact or
> system could also serve as an intervention, an experiment for design research
> to prove or disprove ideas that have led to that particular design... but then
> one would first need hypothesis and models to be tested :-)
> 
> Tim Smithers kirjoitti 1. syyskuuta 2012 2.00.15 UTC+3.00
>> Histories are necessarily reconstructions (in some form) of
>> dynamic processes: processes that change over time.  There is
>> nothing to be gained from building a history of something that
>> doesn't change; in fact there is no history in them.  So, all
>> history making is some kind of dynamic system modelling.
> 
> Tim, I fully agree with you, and design is indeed historical through and
> through, just as you indicate in your interesting suggestion for
> cultural-historical studies of trajectories and influences. This dynamic
> nature of the field of study would also need that the models, methods and
> theories used in design research would reflect this, but I have a feeling,
> that physics ideal of general, global and timeless models has implicitly been
> distorting in this respect the conceptual development of design research.
> Anyway, designers at least borrow from the past, but the situation is far
> worse in my own area, HCI, where the ruthless pace of technology development
> has erased out most sense of and need for history. There is a healthy
> subindustry producing design books full of examples what other designers have
> been doing in the course of time, but for HCI designers what is available are
> only a few web sites ­ of bad examples...
> 
> Francois Nsenga  kirjoitti 31.8.2012 kello 2.04:
>> Already in mid 70s, Michel Jullien et al.* had conceptualized as follows,
>> for designing purpose, your "dynamics of materially-mediated relationships
>> between humans and world":  artefact concepts (should systematically) stem
>> out of the complex dynamics between projected "produit-usagers-milieu".
> 
> Francois, thanks for the reference, very interesting, I will follow the lead.
> The "product-users-milieu" sounds very similar than what I have tried to say
> with the term "practice". The "design nexus" is an expressive and concise
> term, I like that.
> 
>> complex nexus that you call a "dynamics of materially-mediated
>> relationships between humans and the word" (by the way, was this a
>> citation? from which source?)
> 
> Don Norman told us last winter  a lovely story about his former colleague
> Jerry Fodor using a phrase:  "I refer you to my about to be written paper on
> the subject" -- so I dare to follow his example. I have just started a
> sabbatical lasting this academical year (this explains my recent burst of
> activity on the list), and the plan for the year is to finish a book project
> that has been lingering on already too long. So, I refer you to my about to be
> written book on the subject... :-). The phrase has been crafted to be one of
> the pivot elements guiding the work (the book will be at least about this!) ­
> but it is hardly surprising if it has already been used by somebody else (if
> you know any such I am very grateful to hear).
> 
> best regards,
> --Kari Kuutti
> Univ. Oulu, Finland
> 
> ------------------------------
> 
> Date:    Sun, 2 Sep 2012 18:23:44 -0400
> From:    "Filippo A. Salustri" <[log in to unmask]>
> Subject: CFPs for August 2012
> 
> Hi everyone,
> Here's a summary of CFPs posted to http://designcalls.wordpress.com for
> August 2012.
> Thanks to all the contributors!
> /fas


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