Eighth Circuit declares RAZR a computer under federal law
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Re: Eighth Circuit declares RAZR a computer under federal law
#2Its interesting to think about what is defined as a computer under the law. A great deal of devices are having computers placed in them and the law has to play catch up with technology.
Re: Eighth Circuit declares RAZR a computer under federal law
#3Seems a bit silly to call a RAZR a computer
Um... any definition of 'computer' that excludes a RAZR is just plain wrong.
Re: Eighth Circuit declares RAZR a computer under federal law
#4Wouldn't it be great if articles like this one actually included a useful link, like to the actual 8th Circuit decision, instead of useless internal links?
Here's the decision:
http://www.ca8.uscourts.gov/cgi-bin/new/getDocs.pl?case_num=...
Re: Eighth Circuit declares RAZR a computer under federal law
#5Seems a bit silly to call a RAZR a computer Um... any definition of 'computer' that excludes a RAZR is just plain wrong.
Unless by computer you mean programmable computer or general purpose computer, which most phones aren't by the time they reach consumers.
For example, would the inclusion of the use of a cell phone render a method patent invalid under the machine-or-transformation test? Can any process implemented with a microprocessor satisfy the particular machine half of the machine-or-transformation test if the inclusion of the microprocessor makes the device a computer?
Re: Eighth Circuit declares RAZR a computer under federal law
#6Seems a bit silly to call a RAZR a computer Um... any definition of 'computer' that excludes a RAZR is just plain wrong.
In the decision even the judge knew this wasn't a good standard. However, the law states that a computer is:
http://www.law.cornell.edu/uscode/18/1030.html
18 U.S.C. § 1030(e)
(1) the term “computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device; And by that standard, yes, some modern toasters (let alone mobile phones) would qualify.
From the opinion:
Indeed, modern cellular phones process data at comparable or faster rates than the desktop computers that existed when §1030(e)(1) was enacted.
...
We acknowledge that a “basic” cellular phone might not easily fit within the colloquial definition of “computer.” We are bound, however, not by the common understanding of that word, but by the specific—if broad definition set forth in § 1030(e)(1).
Re: Eighth Circuit declares RAZR a computer under federal law
#7Seems a bit silly to call a RAZR a computer Um... any definition of 'computer' that excludes a RAZR is just plain wrong.
Unless by computer you mean programmable computer or general purpose computer, which most phones aren't by the time they reach consumers. For example, would the inclusion of the use of a cell phone render a method patent invalid under the machine-or-transformation test? Can any process implemented with a microprocessor satisfy the particular machine half of the machine-or-transformation test if the inclusion of the m…
RAZRs are programmable. I've used some of the programs.
There's a difference between being able to program on a device and being able to program for that device.
Re: Eighth Circuit declares RAZR a computer under federal law
#8From the comments:
"What you SHOULD be talking about is how, if smartphones are classified as computers, the Patriot act DEFINITELY ALLOWS warrant-less search and seizure of your smartphone at international borders."
If you care, you should definitely be carrying a "travel phone" on your trips.
Re: Eighth Circuit declares RAZR a computer under federal law
#9From the comments: "What you SHOULD be talking about is how, if smartphones are classified as computers, the Patriot act DEFINITELY ALLOWS warrant-less search and seizure of your smartphone at international borders." If you care, you should definitely be carrying a "travel phone" on your trips.
RAZR != Smartphone. That's even part of the article. We're talking simple feature phones here, so I think your workaround does not help.
Re: Eighth Circuit declares RAZR a computer under federal law
#10And? It is a computer. Why is this news/interesting?