Archive for January, 2011

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by Aaron Thalwitzer

Back in September 2010, I wrote about a single bacterium that could theoretically produce a hydrocarbon with the potential to replace or supplement petroleum. Massachusetts biotech company named Joule Unlimited received a patent last September for this genetically engineered cyanobacterium, and claims that it can deliver fuel at the equivalent of $30 a barrel of crude oil.

Now, Joule has upped the ante, claiming that they have a “library” of fossil-fuel creating organisms in its lab. They claim that each of theseorganisms can produce a different fuel (e.g. gasoline, diesel, or jet fuel). Joule says that their ideas will lead to “fossil fuels on demand.”

But these aren’t “biofuels,” at least not like the mostly corn-based ethanol we’re now pumping into our tanks. Joule’s organism requires to biomass — none.  The organisms requires only carbon dioxide, water (salt or fresh!) and sunshine to manufacture crude. Joule describes the process as nothing short of  “artificial photosynthesis.”

Joule claims to have produced ethanol at a rate equivalent to 10,000 U.S. gallons an acre a year. If scaled up this could equal roughly 800 barrels of crude an acre a year, over twice the ethanol yield as we currently get from an acre of corn.

According to the Globe:

Joule says its “solar converter” technology makes the manufacture of liquid fossil fuels 50 times as efficient as conventional biofuel production – and eliminates as much as 90 per cent of carbon dioxide emissions. “Requiring only sunlight and waste C0{-2},” it says, “[this] technology can produce virtually unlimited quantities of fossil fuels with zero dependence on raw materials, agricultural land, crops or fresh water. It ends the hazards of oil exploration and oil production. It takes us to the unthinkable: liquid hydrocarbons on demand.”

Joule has been highly secretive, but perhaps for good reason.  CEO Bill Sims has said, “Some time soon,” he said, “what we are doing will become clear.”

Perhaps, but bold claims have been made before. Scaling to commercial production is arguably the hardest part of any biotech reactor setup. Outside the lab, the organisms must survive incidental bio-contamination, survive in high-waste-product concentration and variable temperatures long enough to produce economical amounts of fuel. Fixing all these problems can take as long as the initial research and grind away at investment.

Additionally, consider the following (at your own peril):

  1. The energy contained in 15,000 gallons of biodiesel ~= 10,000 gallons x 133,000 BTU/gallon x .000293 kwh/BTU = 0.58 MM kwh.
  2. The energy falling on one acre of land in the tropics ~= 5kwh/m2/day x 365 days/year x 4046 m2/acre = 7.4 MM kwh/year/acre.
  3. Joule claims they can capture 8% of all solar energy falling on each acre of land (assuming they are in the tropics and not in the continental United States).
  4. The efficiency limit for photosynthesis is around 14% (or lower), which isn’t calculated on a per-acre basis, but on a molecular exposure basis. Even if you could cover each acre with pure chlorophyll, the conversion efficiency would not exceed 14%.
  5. Joule is claiming they can exceed 50% of the theoretical photosynthetic limit after all the energy and efficiency loss of processing, for a net yield of 15,000 gallons.

A 1000-1500 gallon yield seems more realistic. Joule’s claims raise some questions and leave me wondering whether this isn’t a pump-and-dump green stock scam. Nevertheless, I sincerely hope that Joule is right.

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By: Mark R. Malek

I just read a story on Tech Dirt regarding the publishers of the very famous book “Seven Habits of Highly Effective People” and it really hit home for me.  More on why in a bit.

Apparently, Franklin Covey, the publisher of the “Seven Habits” series of books has sent out a cease and desist (C&D) notice to Shlock Mercenary, an online webcomic.  Some more information about the C&D notice that Shlock Mercenary received can be found here.  Shlock Mercenary had been publishing an online webcomic “The Seven Habits of Highly Effective Pirates” for years, and just got on Franklin Covey’s radar.  From the sound of the C&D notice, Franklin Covey seems to assert that any use of the number “7” with “habit” is a violation of their trademark. Although I disagree with Franklin Covey’s broad position, Shlock Mercenary decided, probably wisely, that it was not worth the fight.  Instead, and I do love this move, they changed the name of the webcomic to “The Seventy Maxims of Maximally Effective Mercenaries.”  That is just good stuff.  What do you think the over/under is on how long it takes for Franklin Covey to have a problem with their use of the word “effective?”  If an overzealous attorneyis representing them, then it should be any minute now!  I doubt they will find any problems with it.

As I noted above, however, this story did hit a bit close to home for me.  I serve on the Board of Directors for Junior Achievement of the Space Coast.  Junior Achievement is a great organization that is focused on teaching students financial literacy.  Get them young!  Make sure that they understand their economy.  I have taught third grade classes, as well as high school classes.  I’ll admit that I really like the third graders.  They are at that stage where they still like school, and get a real kick out of me coming into their classroom.  At first, I was apprehensive to take on the 10th grade class at Bayside High School in Palm Bay this past year, but it was such a great experience!

One of tools that I used to teach the Junior Achievement class to my 10th graders was a video that outlined the Seven Habits of Highly Effective Teens.  I was impressed that everyone in my class had already read the book, and many of them took the lessons to heart.

I understand why, at times, sending out C&D notices may sometimes be warranted, but this didn’t seem like one of those times.  Then again, I do not have all the facts, so I do not want to sound judgmental….too late?  My point is that I think Franklin Covey should take this as an opportunity to teach.  One of the “habits” that is taught by the series is “think win-win.”  What if you start out thinking win-win, but it just doesn’t happen?  I guess that is what litigation is about.

After the case is settled, maybe this situation can be a case study of how Franklin Covey used their Seven Habits to come to resolution with Shlock Mercenary.  It seems as though Shlock certainly entered the negotiation with the “Seven Habits” in mind, i.e., they sought a win-win resolution quickly!

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By Scott Nyman

Video game systems are notoriously closed hardware and software ecosystems. With these devices, such as the Microsoft XBOX 360 or Sony Playstation 3, the manufacturers include additional components into the design of the system to prevent wide scale piracy of the software intended to run on the device. However, it seems at least one person figures out a way to circumvent these anti-piracy protections each console generation.

Recently, 21 year old George Hotz announced that he has “jailbreaked” Sony’s Playstation 3, allowing an owner of the system to install and run programs that may not have been approved by Sony. In their disapproval of the jailbreak, Sony filed suit against Hotz for, among other causes of action, violating the Digital Millennium Copyright Act. Sony also requested a temporary retraining order prohibiting Hotz from further distributing the jailbreak, which the Court granted this past week.

Quite possibly my favorite iPhone picture ever.

This is likely to become an interesting case to follow, considering that the subject of litigation revolves around opening up a restrictive hardware and software ecosystem. This past summer, the Librarian of Congress specifically provided an exemption to the DMCA for jailbreaking Apple’s iPhone closed ecosystem. In this exemption, the Librarian stated “no basis for copyright law to assist Apple in protecting its restrictive business model.”

Time will tell if this DMCA exception will ripple though to Sony’s Playstation 3.

Credit must be given here for the amazing pirate iPhone photo.

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By Daniel Davidson

You may be familiar with the late legend Bob Marley.  You may have even seen a shirt or two that display his familiar face.  Fortunately for the Marley family, you will not be seeing him on any apparel sold by the company Avela.

Avela, a Nevada company, is owned by Leo Valencia, who created toys and shirts that displayed the reggae singer’s likeness.  Unfortunately, it was without the authorization of Fifty-Six Hope Road Music Ltd. and Zion Rootswear, the companies that Mr. Marley’s heirs run his empire under.  This, as I hope we are all beginning to understand, is not permissible, in most cases, under U.S. Copyright Code.

Avela and Mr. Valencia were stuck with a $300,000 bill for their unauthorized use of the likeness from a U.S. Federal Court and hopefully an injunction will follow that keeps Bob Marley’s off of bobble heads seeing that his children do not want to see their father portrayed in this manner.

Kudos to the Marley family on this victory.  I wouldn’t mind seeing a growing trend of victories for the family since the punch to the stomach they received in a previous copyright case.  You can read about it in an article I wrote here.

If Avela is looking for a substitute face, mine is available for printing on anything.

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By Scott Nyman

There is nothing new about filing copyright infringement lawsuits against numerous unnamed defendants. This is especially true when the infringed “work of art” is so bad that it is arguably a step backwards for the arts. (I’m talking to you Uwe) In the latest instance of this practice, XPAYS has just filed a lawsuit in the U.S. District Court, Central District of California against 843 alleged BitTorrent users for downloading their copyright protected motion picture, “One Night in Paris.” And yes, I called it a motion picture, as it is comically referred to in the court documents.

I'll have whatever she's having.

For those of you who don’t own a television, or do not have access to conversations with other people, Paris Hilton maintains a recurring presence in tabloid headlines and celebrity gossip outlets. In 2003, the world was shaken by the combination of the two then popular phrases: “Paris Hilton” + “sex tape.”

It appears that a number of people have figured out a way to view the nations’s object of obsession, in all of her night-vision enhanced glory, without paying for the privilege. As you can guess, this makes publisher XPAYS a little unhappy.

Aside from trying to mitigate the profit losses from the illegal downloading of the motion picture that XPAYS has “spent a substantial amount of time, money and effort to produce, market and distribute,” XPAYS is also looking out for the children.

As stated directly in the complaint: “In addition to rampant copyright infringement, a user’s ability to download copyright content via BitTorrent presents a host of other problems. Minors are able to download adult entertainment content without being subject to the age verification process that most adult content-providers require before distribution of this content…” At least someone is looking out…

The Electronic Frontier Foundation, an organization dedicated to defending the rights of individuals in the digital world, has stepped into the fight. The EFF has filed an amicus brief regarding this matter, requesting that subpoenas be squashed for this spray-and-pray litigation tactic. Corynne McSherry, Intellectual Property Director at the EFF, has stated, “Copyright owners have a right to protect their works, but they can’t use shoddy and unfair tactics to do so. We’re asking the Court to protect the rights of each and every defendant, instead of allowing these copyright trolls to game the system.”

I’m calling it now. In 2011, Uwe Boll directs Paris Hilton’s next sex tape, which will be named “Paris Hilton: Baby Talk.” Three months later, Boll and XPAYS name 23,000 defendants in an infringement suit filed in Alaska.


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