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Monday, November 09, 2009

Remember kids

Lawyers are not technologists. They are not scientists. They are not engineers. They are lawyers.

MR. JAKES: It might have. It might have.
JUSTICE SCALIA: It clearly did.
MR. JAKES: Well, it's not that clear from Circuit's transformation test whether that or not, because although the Federal Circuit but his undulating has said transformation of data might qualify, it said it has to represent something physical, something -- a real object. And sound doesn't necessarily have to be that. Sound can be generated artificially. So --
JUSTICE SCALIA: Sound -- sound is not physical, and electric current is not physical?
MR. JAKES: I think electric current is physical.
JUSTICE SCALIA: Yes, I think so.
JUSTICE SCALIA: Sound is, too.
MR. JAKES: It can be, but when it's over a wire, it's not. It's something else. It's an electrical current then.
JUSTICE SCALIA: Sound is not transmitted over the wires. Sound has been transformed into current, and current is transmitted over the wire and then transformed back at the other end into sound.

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