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• Your life and health are your own responsibility.
• Your decisions to act (or not act) based on information or advice anyone provides you—including me—are your own responsibility.

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Ski Patent Slap Fight: Armada vs. Rossignol vs. DPS vs. The Rest of the Skiing World

(This is a long article, most likely of interest only to obsessive alpine skiers, or people interested in the gory details of patent litigation.)

Warnings and Disclaimers!

  • I am not a patent lawyer. My opinions have no legal weight or standing.
  • This article is entirely my opinion, including all pronouncements about the business practices of various ski manufacturers, and all summaries of information contained in patents.
  • I have no financial or other business interest in any company mentioned here.

If you have factual corrections or additional information, please leave a comment and I’ll do my best to revise accordingly.

The Situation

It’s possible to patent nearly anything these days…and the ski industry has finally joined the tech industry in patenting tiny, obvious innovations (often over blatantly obvious prior art) and using them to beat on their (usually smaller) competition. The current slap fight is over who owns the patent on various configurations of rockered skis.

Most skis are cambered, meaning that when set base to base, a pair of skis will only contact each other at two points, one very close to the tip and the other at or very close to the tail.

“Tip rocker” and “tail rocker” are simply a longer and/or more pronounced tip and tail, where the contact points move closer to the center of the ski. This K2 catalog page illustrates camber, rocker, and various combinations of the two. Click it to zoom:

If this seems obvious to you, you’re not alone: the Altai of Siberia have been making skis like this for thousands of years.


(Top and right photos by David Waag, courtesy of offpistemag.com. Click the images to read the stories associated with them.)

Currently, Armada has sent “cease & desist” letters to several small, independent ski manufacturers for breaching their patent on certain types of rockered skis. Finally they sent one to Rossignol, who has fired back with a lawsuit based on their own patent that predates Armada’s—and lurking in the background is a Drake Powderworks (DPS) patent.

[Side note: what makes US patent fights interesting is that they are based on first to invent, not first to file, and court proceedings are usually necessary to determine when an invention was actually conceived.]

Continue reading “Alpine Ski Patent Slap Fight: Armada vs. Rossignol vs. DPS vs. The Rest of the Skiing World” »

Why Companies Keep Pay a Secret, and Why You'd Rather Know The Truth

“A new study by researchers at the University of California at Berkeley and Princeton University suggests that if all of our salaries were made known tomorrow, half of us would be made miserable and the other half would be made no happier.”
-Smart Money Magazine, “Why Companies Keep Pay a Secret

The implication is that we’re all better off not knowing the truth.

This, however, is only the employer’s half of the story. This information is indeed of negative value to the organization…but it is of positive value to the workers.

Information, in a free market, causes prices to equalize. However, salaries within an organization are not a free market. The only way to meaningfully increase your salary is by leaving and taking another job, and the only way to meaningfully decrease your salary is by getting fired or laid off.

So there is a free(ish) market in the larger sense of the employment market as a whole, and employees participate in this larger market—while employers would rather restrain them from doing so by withholding information, forcing them to sign non-compete agreements, and so on.

Employers benefit from keeping pay a secret because they can pay some of their employees less than their market value and redirect that profit to themselves. An underpaid employee may quit and get a new job at a better salary, which is indeed a disadvantage to their old employer…but it is an obvious advantage to the employee, who will be much happier at an employer who is not trying to cheat them out of earning their full market value.

In other words, this article is correct in its data, but wrong in its conclusions.

If you’re not convinced, here’s an analogy:

Your Price: $?.??/lb

The article might as well argue that there should be no price tags in supermarkets, that we should each negotiate a price for hamburger with the store the first time we walk in, that we should pay that price (indexed to inflation) for the rest of our lives when shopping with that store—and that none of us should ever be able to find out what anyone else is paying for hamburger.

It should be obvious that such an arrangement benefits the store (who can charge some of their shoppers well over market price) but disadvantages the consumer.

It should also be obvious that while a shopper might be initially dismayed to find out that they were paying substantially more than another shopper under such a system, they would be much happier in the long run to know who was paying what, and to use that information to be able to pay a lower price for hamburger instead of continually wondering whether they were being cheated.

But, of course, the article and study only account for the immediate, short-term effect on the employer.

No, Resveratrol Is Not A Cognitive Enhancer, and Yes, Peer-Reviewed Science Is Important

Caution: contains SCIENCE

Here is why you have to read original peer-reviewed research—not just the popular media’s summary of it, or interim findings presented at conferences.

Red Wine Goes To Your Head – But Helps You Think – Medical News Today – April 3, 2009

“Red wine extract polyphenol resveratrol could improve mental performance on demanding tasks.
[…]
The results showed a change in blood flow to the brain and significant improvements in cognitive performance in the participants who had been given polyphenol resveratrol.”

This is a surprising claim: nowhere have I seen resveratrol claimed or marketed as a cognitive enhancer. So I looked up the paper by Wightman et. al.

Effects of resveratrol on cerebral blood flow variables and cognitive performance in humans: a double-blind, placebo-controlled, crossover investigation.
David O Kennedy, Emma L Wightman, Jonathon L Reay, Georg Lietz, Edward J Okello, Anthea Wilde and Crystal F Haskell

“Resveratrol administration resulted in dose-dependent increases in cerebral blood flow during task performance, as indexed by total concentrations of hemoglobin. … Cognitive function was not affected.”

Well!

Note that this paper is dated June 2010, whereas the original article is dated April 2009. Apparently the research, when finally completed, didn’t end up supporting Wightman’s claim—or the popular media’s marketing of it.

I am glad that I, as a US resident, can take control of my own health and dietary intake to a great degree…but the freedom to ingest what I want comes with the freedom to waste my money. We cannot separate these two freedoms. So: caveat emptor…especially when researching dietary supplements.