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March 2018
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Uber's Video Shows The Arizona Crash Victim Probably Didn't Cause Crash, Human Behind The Wheel Not Paying Attention

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In the wake of a Tempe, Arizona woman being struck and killed by an Uber autonomous vehicle, there has been a flurry of information coming out about the incident. Despite that death being one of eleven in the Phoenix area alone, and the only one involving an AV, the headlines were far closer to the "Killer Car Kills Woman" sort than they should have been. Shortly after the crash, the Tempe Police Chief went on the record suggesting that the victim had at least some culpability in the incident, having walked outside of the designated crosswalk and that the entire thing would have been difficult for either human or AI to avoid.Strangely, now that the video from Uber's onboard cameras have been released, the Tempe police are trying to walk that back and suggest that reports of the Police Chief's comments were taken out of context. That likely is the result of the video footage showing that claims that the victim "darted out" in front of the car are completely incorrect.

Contrary to earlier reports from Tempe’s police chief that Herzberg “abruptly” darted out in front of the car, the video shows her positioned in the middle of the road lane before the crash.Based on the exterior video clip, Herzberg comes into view—walking a bicycle across the two-lane road—at least two seconds before the collision.
Analysis from Bryan Walker Smith, a professor at the University of South Carolina that has studied autonomous vehicle technology indicates that this likely represents a failure of the AVs detection systems and that there may indeed have been enough time for the collision to be avoided, if everything had worked properly.
Walker Smith pointed out that Uber’s LIDAR and radar equipment “absolutely” should’ve detected Herzberg on the road “and classified her as something other than a stationary object.”“If I pay close attention, I notice the victim about 2 seconds before the video stops,” he said. “This is similar to the average reaction time for a driver. That means an alert driver may have at least attempted to swerve or brake.”
The problem, of course, is that AVs are in part attractive because drivers far too often are not alert. They are texting, playing with their phones, fiddling with the radio, or looking around absently. We are human, after all, and we fail to remain attentive with stunning regularaty.So predictable is this failure, in fact, that it shouldn't surprise you all that much that the safety operator behind the wheel of this particular Uber vehicle apparently is shown in the video to have been distracted by any number of things.
A safety operator was behind the wheel, something customary in most self-driving car tests conducted on public roads, in the event the autonomous tech fails. Prior to the crash, footage shows the driver—identified as 44-year-old Rafaela Vasquez—repeatedly glancing downward, and is seen looking away from the road right before the car strikes Herzberg.
So the machine might have failed. The human behind the wheel might have failed. The pedestrian may have been outside the crosswalk. These situations are as messy and complicated as we should all expect them to be. Even if the LIDAR system did not operate as expected, the human driver that critics of AVs want behind the wheel instead was there, and that didn't prevent the unfortunate death of this woman.So, do we have our first pedestrian death by AV? Kinda? Maybe?Should this one incident turn us completely off to AVs in general? Hell no.

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posted at: 12:00am on 23-Mar-2018
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Famous Billy Goat Tavern Initiates Risky Trademark Dispute With Billy Goat Chip Co.

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Missing from far too many of the stories we post on trademark bullies is anything amounting to blowback. While it happens on occasion, the reason that trademark bullying works is due to the costs for any sort of defense, nevermind the cost that would be required to actually go on the offense against a bully. Still, that isn't to say that when a trademark bully picks a fight that it cannot sometimes lead to a backfire.That appears to be the risk Chicago's famous Billy Goat Tavern now faces after it sued Billy Goat Chip Co., given the countersuit and factual response made by the chip company. Billy Goat Tavern filed suit in 2017, alleging that the St. Louis potato chip maker was infringing on its trademark with its name and logo, which uses the silhouette of a rearing billy goat. For what it's worth, the tavern's logo is completely different and features a fully detailed cartoon head of a goat, not a black outline like the chip company.But based on the information in the countersuit, it seems there is much more factual information the tavern ought to have considered before filing its initial lawsuit.

Attorneys representing the Billy Goat Chip Co. filed a counterclaim this month arguing the chip maker was actually the first to use the “Billy Goat” mark in connection with packaged retail food and beverage products.The suit stated Billy Goat Tavern’s trademark was limited to only “tavern and restaurant services” and was later applied to packaged retail food and beverage products when the tavern started selling items such as frozen burger patties and canned beer through third-party vendors in 2017.
Oops. While the Billy Goat is indeed famous, it is famous for being a tavern. It did not even sell any retail packaged foodstuffs until the past year or so and never had a trademark for those market designations until the same time frame. Billy Goat Chip Co., on the other hand, has been selling its goods for a decade and has the trademark registration to match. In its countersuit, the chip company blasts Billy Goat Tavern for being the trademark bully it is.
To compensate for its tardiness in entering the retail food/beverage products market, Billy Goat IP has undertaken a campaign of deceptive trade practices, false advertising, misusing trademarks, misusing registration symbols, and misusing the Billy Goat Tavern Marks … in an effort to improperly injure and damage Billy Goat Chip Co..
The upshot being that Billy Goat Chips Co. is asking not only for the trademark lawsuit to be dismissed, but is also asking for damages for the tavern's false advertising and deceptive trade practices. Oh, and it is also asking the court to order the tavern to cease using the Billy Goat name for any packaged foods, the exact request the tavern initially sued over.If the chip company wins, it would represent as clean a backfire from trademark bullying as I can remember. It would also be a helpful warning shot to other trademark bullies about what can happen.

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posted at: 12:00am on 23-Mar-2018
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