Prior art in most systems of patent law constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent’s claims of originality. If an invention has been described in prior art, a patent on that invention is not valid. Information kept secret, for instance, as a trade secret, is not usually prior art, provided that employees and others with access to the information are under a non-disclosure obligation. With such an obligation, the information will typically not be regarded as prior art. Therefore, a patent may be granted on an invention, although someone else already knew of the invention. A person who used an invention in secret may in some jurisdictions be able to claim ‘prior user rights’ and thereby gain the right to continue using the invention.
Prior art generally does not include unpublished work or mere conversations (though according to the European Patent Convention, oral disclosures also form prior art). It is disputed whether traditional knowledge (e.g., of medical properties of a certain plant) constitutes prior art. Patents disclose to society how an invention is practiced, in return for the right (during a limited term) to exclude others from manufacturing, selling, offering for sale or using the patented invention without the patentee’s licence. Patent offices deal with prior art searches in the context of the patent granting procedure. To assess the validity of a patent application, patent offices explore the prior art that was disclosed before the invention occurred (in the United States) or before the filing date (in the rest of the world).
Prior Art
Malcolm McLaren
Malcolm McLaren (1946 – 2010) was an English performer, impresario, self-publicist and manager of the Sex Pistols and the New York Dolls. As a solo artist, McLaren had an innovative career that helped introduce hip hop to the United Kingdom.
About his contribution to music, McLaren has said about himself: ‘I have been called many things: a charlatan, a con man, or, most flatteringly, the culprit responsible for turning British popular culture into nothing more than a cheap marketing gimmick. This is my chance to prove that these accusations are true.’
Home Taping Is Killing Music
‘Home Taping Is Killing Music‘ was the slogan of a 1980s anti-copyright infringement campaign by the British Phonographic Industry (BPI), a British music industry trade group. With the rise in cassette recorder popularity, the BPI feared that people being able to record music from the radio onto cassettes would cause a decline in record sales. The logo, consisting of a Jolly Roger formed from the silhouette of a Compact Cassette, also included the words ‘And It’s Illegal.’ Similar rhetoric has continued; in 1982 Jack Valenti famously compared the VCR and its anticipated effect on the movie industry to the Boston Strangler, and in 2005 Mitch Bainwol of the RIAA claimed that CD burning is hurting music sales.
The slogan was often parodied, one example being the addendum ‘and it’s about time too!,’ used by Dutch anarcho-punk band The Ex. Another example was the early 1980s counter-slogan ‘Home Taping is Skill in Music,’ referring to early mixtapes, a precursor to sampling and remixes. In 1981 the Dead Kennedys printed ‘Home taping is killing record industry profits! We left this side blank so you can help’ on one side of their EP ‘In God We Trust, Inc.’ An early ‘proponent’ of home taping was Malcolm McLaren who was at the time managing the British band Bow Wow Wow. In 1980 the band released their single ‘C30, C60, C90 Go’ on a cassette that featured a blank other side that the buyer could record their own music on. The band’s record label, EMI, dropped the group shortly afterwards because the single allegedly promoted home taping.
Don’t Copy That Floppy
Don’t Copy That Floppy was an anti-copyright infringement campaign run by the Software Publishers Association (SPA) beginning in 1992.
The video for the campaign, starring M. E. Hart as ‘MC Double Def DP,’ was filmed at Cardozo High School in Washington, D.C. The commercial’s mention of the game ‘Tetris’ is ironic given the original version was copied and smuggled out of the Soviet Union then commercialized without any legal rights or payment to its creators (or to the Soviet Union, which had the copyrights of what its scientist produced).
Squircle
A squircle [skwer-kul] is a mathematical shape with properties between those of a square and those of a circle. It is a special case of superellipse. The word ‘squircle’ is a portmanteau of the words ‘square’ and ‘circle.’ A shape similar to a squircle, called a rounded square, may be generated by arranging four quarters of a circle and connecting their loose ends with straight lines. Although constructing a rounded square may be conceptually and physically simpler, the squircle has the simpler equation and can be generalized much more easily. One consequence of this is that the squircle and other superellipses can be scaled up or down quite easily. This is useful where, for example, one wishes to create nested squircles.
Squircles are useful in optics. If light is passed through a two-dimensional square aperture, the central spot in the diffraction pattern can be closely modeled by a squircle (also called a supercircle). If a rectangular aperture is used, the spot can be approximated by a superellipse. Squircles have also been used to construct dinner plates. A squircular plate has a larger area (and can thus hold more food) than a circular one with the same radius, but still occupies the same amount of space in a rectangular or square cupboard. The same is true of a square plate, but there are various problems (such as wiping up sauce) associated with the corners of square plates.
Superegg
In geometry, a superegg is a solid of revolution obtained by rotating an elongated super-ellipse with exponent greater than 2 around its longest axis. It is a special case of super-ellipsoid. Unlike an elongated ellipsoid, an elongated superegg can stand upright on a flat surface, or on top of another superegg.
This is due to its curvature being zero at the tips. The shape was popularized by Danish poet and scientist Piet Hein (1905–1996). Supereggs of various materials were sold as novelties or ‘executive toys’ in the 1960s. A 1-ton superegg made of steel and aluminum was placed outside Kelvin Hall in Glasgow in 1971, on occasion of a lecture by Piet Hein.
Egg of Columbus
An egg of Columbus refers to a brilliant idea or discovery that seems simple or easy after the fact. The expression refers to a popular story of how Christopher Columbus, having been told that discovering the Americas was no great accomplishment, challenged his critics to make an egg stand on its tip.
After his challengers gave up, Columbus did it himself by tapping the egg on the table so as to flatten its tip. The story is often alluded to when discussing creativity. Continue reading
Salting the Earth
Salting the earth, or sowing with salt, is the ritual of spreading salt on conquered cities to symbolize a curse on their re-inhabitation. It originated as a practice in the ancient Near East and became a well-established folkloric motif in the Middle Ages. The custom of purifying or consecrating a destroyed city with salt and cursing anyone who dared to rebuild it was widespread in the ancient Near East, but historical accounts are unclear as to what the sowing of salt meant in that process. Various Hittite and Assyrian texts speak of ceremonially strewing salt, minerals, or plants over destroyed cities.
The Book of Judges says that Abimelech, the judge of the Israelites, sowed his own capital, Shechem, with salt, ca. 1050 BCE, after quelling a revolt against him. Starting in the 19th century, various texts claim that the Roman general Scipio Africanus plowed over and sowed the city of Carthage with salt after defeating it in the Third Punic War (146 BCE), sacking it, and forcing the survivors into slavery. However, no ancient sources exist documenting this. The Carthage story is a later invention, probably modelled on the story of Shechem (a city now residing in Israel’s West Bank).
Salt in the Bible
The role of salt in the Bible is relevant to understanding Hebrew society during the Old Testament and New Testament periods. Salt is a necessity of life and was a mineral that was used since ancient times in many cultures as a seasoning, a preservative, a disinfectant, a component of ceremonial offerings, and as a unit of exchange.
The Bible contains numerous references to salt. In various contexts, it is used metaphorically to signify permanence, loyalty, durability, fidelity, usefulness, value, and purification. The main source of salt in the region was the area of the Dead Sea, especially the massive six mile long salt cliffs of Jebel Usdum. The face of the ridge is constantly changing as weather interacts with the rock salt. The Hebrew people harvested salt by pouring sea water into pits and letting the water evaporate until only salt was left. They used the mineral for seasoning and as a preservative. In addition, salt was used to disinfect wounds. Continue reading
Dietrich Varez
Dietrich Varez (b. 1939) is an iconoclastic printmaker-painter. His work is among the most widely-recognized of any artist in Hawaii. A long-time resident of the Big Island, he is known primarily for scenes of Hawaiian mythology and of traditional Hawaiian life and stylized designs from nature. The studio where Varez works and lives is in a rural forested area near the small town of Volcano, Hawaii a few miles from the entrance to Hawaii Volcanoes National Park.
He built the house himself after many years of living in tents or cabins on the land or in the Park. For most of his life there, he and his family have lived a self-sufficient pioneering life. They capture rainwater for their needs, and had no electricity for thirty years. The road to his home has been described as ‘barely passable.’ Varez and his wife rarely leave their homestead, virtually never travelling off-island.
Prehistoric Music
Prehistoric music (previously called primitive music) is a term in the history of music for all music produced in preliterate cultures (prehistory), beginning somewhere in very late geological history. Prehistoric music is followed by ancient music in different parts of the world, but still exists in isolated areas.
Prehistoric music thus technically includes all of the world’s music that has existed before the advent of any currently-extant historical sources concerning that music, for example, traditional Native American music of preliterate tribes and Australian Aboriginal music. However, it is more common to refer to the ‘prehistoric’ music which still survives as folk, indigenous or traditional music. Prehistoric music is studied alongside other periods within Music Archaeology.
Pregap
The pregap on a Red Book audio CD is the portion of the audio track that precedes ‘index 01’ for a given track in the table of contents (TOC). The pregap (‘index 00’) is typically two seconds long and usually, but not always, contains silence. Popular uses for having the pregap contain audio are live CDs, track interludes, and hidden songs in the pregap of the first track. On certain CDs, such as ‘Think Tank’ by Blur, the pregap contains a hidden track. The track is truly hidden in the sense that most conventional standalone players and software CD players will not see it. Such hidden tracks can be played by playing the first song and ‘rewinding’ (more accurately, seeking in reverse) until the actual start of the whole CD audio track. Not all CD drives can properly extract such hidden tracks. Some drives will report errors when reading these tracks, and some will seem to extract them properly, but the extracted file will contain only silence.
The pregap was used to hide computer data, tricking computers into detecting a data track whereas conventional CD players would continue to see the CD as an audio CD. This method was quickly made obsolete in late 1996 when an update to Windows 95 made the pregap track inaccessible. It is unclear whether or not this change in Microsoft Windows’ behavior was intentional: for instance, it may have been intended to steer developers away from the pregap method and encourage what became the Blue Book specification ‘CD Extra’ format.













