Gemini Space/Protocol: Taking IRC Logs to the Next Level

Posted in Site News at 8:52 pm by Dr. Roy Schestowitz

Boy in space

Summary: Tonight we begin the migration to GemText for our daily IRC logs, having already made them available over gemini://

AS we noted the other day, IRC scrollback is now available over Gemini with clickable links, which were later added.

We’re now in the process of progressively adding a Gemini+GemText version of IRC logs. Proper GemText for each and every day, not just plain text. In about an hour from now we shall be testing the conversions, which will later add clickable links, then get indexed in our capsule. The goal is to make almost everything just GemText-formatted objects. Hours ago we wrote about GemText replacing HTML because we want to see everything, even IPFS, adopting lighter and safer protocols. The same is true for OpenDocument Format (ODF).

The cynic might just joke or taunt, arguing that Gemini is “nothing” or just some “niche”. Well, a year ago it looked like this:

December 2020
December 2020

Less than 12 months later it looks like this:

December 2021
December 2021

There are probably close to one million pages in Gemini space (Lupa does not crawl and index everything) and the growth continues. The expansion carries on unabated.

“The expansion carries on unabated.”We still have some more plans for Gemini adoption; many areas are not yet explored because the specification is relatively new. What matters more is the growth (inertia) rather than the current scale; it’s only when momentum dies down that projects perish and contrariwise, in Gemini’s case, development on the project itself resumed about a month ago.

Links 6/12/2021: Gnuastro 0.16 and Linux 5.16 RC4

Posted in News Roundup at 7:41 pm by Dr. Roy Schestowitz

  • GNU/Linux

    • Linux Weekly Roundup #159

      Welcome to this week’s Linux release roundup.

      NixOS 21.11, openSUSE 15.4 Alpha, EndeavourOS 21.4, CentOS 9, Arch Linux 2021.12.01, Robolinux 12.12, and Nitrux OS 2021.12.02 have been released this week.

      Blender 3.0 has also been released this week.

    • Desktop/Laptop

      • How new Linux users can increase their odds of success

        The Linus Tech Tips YouTube channel has been putting out a series of videos called the Switching to Linux Challenge that has been causing a bit of a stir in the Linux community. I’ve been keeping an eye on these developments, and thought it was a good time to weigh in with my thoughts. This article focuses on how new Linux users can increase their odds for success — I have also written a companion article, “What desktop Linux needs to succeed in the mainstream”, which looks at the other side of the problem.

        Linux is, strictly speaking, an operating system kernel, which is a small component of a larger system. However, in the common usage, Linux refers to a family of operating systems which are based on this kernel, such as Ubuntu, Fedora, Arch Linux, Alpine Linux, and so on, which are referred to as distributions. Linux is used in other contexts, such as Android, but the common usage is generally limited to this family of Linux “distros”. Several of these distros have positioned themselves for various types of users, such as office workers or gamers. However, the most common Linux user is much different. What do they look like?

        The key distinction which sets Linux apart from more common operating systems like Windows and macOS is that Linux is open source. This means that the general public has access to the source code which makes it tick, and that anyone can modify it or improve it to suit their needs. However, to make meaningful modifications to Linux requires programming skills, so, consequentially, the needs which Linux best suits are the needs of programmers. Linux is the preeminent operating system for programmers and other highly technical computer users, for whom it can be suitably molded to purpose in a manner which is not possible using other operating systems. As such, it has been a resounding success on programmer’s workstations, on servers in the cloud, for data analysis and science, in embedded workloads like internet-of-things, and other highly technical domains where engineering talent is available and a profound level of customization is required.

        The Linux community has also developed Linux as a solution for desktop users, such as the mainstream audience of Windows and macOS. However, this work is mostly done by enthusiasts, rather than commercial entities, so it can vary in quality and generally any support which is available is offered on a community-run, best-effort basis. Even so, there have always been a lot of volunteers interested in this work — programmers want a working desktop, too. Programmers also want to play games, so there has been interest in getting a good gaming setup working on Linux. In the past several years, there has also been a commercial interest with the budget to move things forward: Valve Software. Valve has been instrumental in developing more sophisticated gaming support on Linux, and uses Linux as the basis of a commercial product, the Steam Deck

      • What desktop Linux needs to succeed in the mainstream

        The Linus Tech Tips YouTube channel has been putting out a series of videos called the Switching to Linux Challenge that has been causing a bit of a stir in the Linux community. I’ve been keeping an eye on these developments, and thought it was a good time to weigh in with my thoughts. This article focuses on what Linux needs to do better — I have also written a companion article, “How new Linux users can increase their odds of success”, which looks at the other side of the problem.

        Linux is not accessible to the average user today, and I didn’t need to watch these videos to understand that. I do not think that it is reasonable today to expect a non-expert user to successfully install and use Linux for their daily needs without a “Linux friend” holding their hand every step of the way.

        This is not a problem unless we want it to be. It is entirely valid to build software which is accommodating of experts only, and in fact this is the kind of software I focus on in my own work. I occasionally use the racecar analogy: you would not expect the average driver to be able to drive a Formula 1 racecar. It is silly to suggest that Formula 1 vehicle designs ought to accommodate non-expert drivers, or that professional racecar drivers should be driving mini-vans on the circuit. However, it is equally silly to design a professional racing vehicle and market it to soccer moms.

        I am one of the original developers of the Sway desktop environment for Linux. I am very proud of Sway, and I believe that it represents one of the best desktop experiences on Linux. It is a rock-solid, high-performance, extremely stable desktop which is polished on a level that is competitive with commercial products. However, it is designed for me: a professional, expert-level Linux user. I am under no illusions that it is suitable for my grandmother.

      • All-remote workspace at home | Sujeevan Vijayakumaran

        It’s been a little over 1,5 years since I joined GitLab as my first all remote company. About half a year ago, I wrote about what I learned in one year at GitLab. In this blog post I will describe my setup how I work because I got several questions about it over the last time. I can also blame dnsmichi who published a similar post about his setup ;-).

        I can certainly recommend the page about “Considerations for a Productive Home Office or Remote Workspace“ in the GitLab Handbook about All-Remote.


        I used to have Thinkpads in the past, but I recently switched to Dell XPS. I have two Dell XPS 13. One for work (in white) and one private (in black).

        While I personally prefer to run ArchLinux (btw I use Arch!) I’m running the latest Ubuntu LTS on my work laptop.

        The laptop is connected to a CalDigit TS3-Plus which is my docking station. This was one of the few docking station which supported 4K@60Hz back when I bought this. I would prefer a docking station with more USB-ports. Right now I have another USB-Hub (hidden under the desktop) because the ports provided by most of the docking stations out there are not really enough for me.

    • Audiocasts/Shows

    • Kernel Space

      • Linux 5.16-rc4
        Fairly small rc4 this week. Three areas stand out in the diff: some
        kvm fixes (and tests), network driver fixes, and the tegra SoC sound
        The rest is fairly spread out: drm fixes, some filesystem stuff,
        various arch updates, and some smattering of random driver fixes.
        Nothing looks all that scary, although I certainly hope the kvm side
        will calm down.
      • Linux 5.16-rc4 Released – “Nothing Looks All That Scary” – Phoronix

        Linus Torvalds just released Linux 5.16-rc4 as the latest weekly release candidate for Linux 5.16 that will debut as stable in early 2022.

        While Linux 5.16-rc3 was lighter due to Thanksgiving activities by US developers, Linux 5.16-rc4 is still trending on the small side. Linus Torvalds noted in today’s release announcement, “Fairly small rc4 this week. Three areas stand out in the diff: some kvm fixes (and tests), network driver fixes, and the tegra SoC sound fixes.”

        Torvalds went on to add in today’s 5.16-rc4 announcement, “The rest is fairly spread out: drm fixes, some filesystem stuff, various arch updates, and some smattering of random driver fixes. Nothing looks all that scary, although I certainly hope the kvm side will calm down.”

      • Kernel prepatch 5.16-rc4

        The fourth 5.16 kernel prepatch is out for testing. “Nothing looks all that scary, although I certainly hope the kvm side will calm down”.

      • Graphics Stack

        • Intel Continues Making Preparations For Ray-Tracing With Their Linux Graphics Driver – Phoronix

          Intel’s open-source Linux graphics driver developers continue making their driver preparations for being able to accommodate Vulkan ray-tracing with upcoming Xe HPG graphics having ray-tracing hardware capabilities.

          For over one year now Intel has been making preparations for Vulkan ray-tracing with their open-source Linux graphics driver stack. The big feature addition has resulted in a variety of driver changes and they are inching towards the milestone of having things working.

    • Applications

      • 11 Best Free Linux Webcam Tools (Updated 2021)

        A webcam is a video capture device that is either connected to a computer directly (typically by USB) or over a computer network. Many modern netbooks and laptops have a built-in webcam.

        Webcams spice up online communication by offering real-time video chat and webcasting. These tiny cameras enable users to chat in realtime with friends and family, send video email around the world, to videoconference with co-workers and clients, and even to broadcast a TV-like channel over the net. Other people use a webcam as part of a security system, making use of motion detection to receive image and video intrusion alerts, both interior and exterior, of a building or home.

    • Instructionals/Technical

      • How to install CudaText on a Chromebook

        Today we are looking at how to install CudaText on a Chromebook. Please follow the video/audio guide as a tutorial where we explain the process step by step and use the commands below.

      • CentOS Stream 9 Full Install Guide [Netinstall] – If Not True Then False

        This is full guide, howto install CentOS Stream 9 using minimal boot iso image. I install CentOS Stream 9 Workstation, but also CentOS Stream 9 Server installation is possible using exactly same method. I also use network installation (netinstall), but you can also download and use full CentOS Stream 9 DVD iso image.

      • How To Install OpenEMR on Ubuntu 20.04 LTS – idroot

        In this tutorial, we will show you how to install OpenEMR on Ubuntu 20.04 LTS. For those of you who didn’t know, OpenEMR is an open-source electronic health record and medical practice management solution that includes patient demographics, scheduling, electronic medical records, prescriptions, billing, clinical decision rules, patient portal, reports, multi-language support, security, and plenty of documentation.

        This article assumes you have at least basic knowledge of Linux, know how to use the shell, and most importantly, you host your site on your own VPS. The installation is quite simple and assumes you are running in the root account, if not you may need to add ‘sudo‘ to the commands to get root privileges. I will show you the step-by-step installation of OpenEMR medical office workflow software on Ubuntu 20.04 (Focal Fossa). You can follow the same instructions for Ubuntu 18.04, 16.04, and any other Debian-based distribution like Linux Mint.

      • Install Blender 3.0 In Ubuntu / Linux Mint | Tips On UNIX

        This tutorial will be helpful for beginners to install blender 3.0 in Ubuntu 21.10 , Ubuntu 20.04 LTS and Linux Mint 20.2

        As you know Blender is an open-source 3D creation suite and completely free for use. It is a public project and made by hundreds of people and it supports Animation, 3D modeling, Sculpting, camera tracking, video editing, rendering, composting, and much more.

        It is a cross-platform software that supports Windows, Linux, and macOS.

      • Paul Tagliamonte: Framing data (Part 4/5)

        This post is part of a series called “PACKRAT”. If this is the first post you’ve found, it’d be worth reading the intro post first and then looking over all posts in the series.
        In the last post, we we were able to build a functioning Layer 1 PHY where we can encode symbols to transmit, and receive symbols on the other end, we’re now at the point where we can encode and decode those symbols as bits and frame blocks of data, marking them with a Sender and a Destination for routing to the right host(s). This is a “Layer 2” scheme in the OSI model, which is otherwise known as the Data Link Layer. You’re using one to view this website right now – I’m willing to bet your data is going through an Ethernet layer 2 as well as WiFi or maybe a cellular data protocol like 5G or LTE.

      • Install Nessus Scanner on Ubuntu 20.04 and 18.04 – Unixcop the Unix / Linux the admins deams

        Nessus is a proprietary vulnerability scanner developed by Tenable, Inc.

        It scans cover a wide range of technologies including operating systems, network devices, hypervisors, databases, web servers, and critical infrastructure.

        Nessus gives you malware detection, scanning of embedded devices, configurations auditing, control systems auditing and compliance checks among other features.

        The results of the scan can_be reported in various formats, such as plain text, XML, HTML and LaTeX. The results can also b saved in a knowledge base for debugging.

        On UNIX, scanning can be automated through the use of a command-line client. There exist many different commercial, free and open source tools for both UNIX and Windows to manage individual or distributed Nessus scanners.

        Nessus provides additional functionality beyond testing for known network vulnerabilities.Nessus can also support configuration and compliance audits, SCADA audits, and PCI compliance.

    • Games

      • Check Out The Top 8 New Games to Play on Linux With Proton Since November 2021

        We are back with our usual monthly update! Boiling Steam looks at the latest data dumps from ProtonDB to give you a quick list of new games that work (pretty much?) perfectly with Proton since November 2021 – all of them work out of the box or well enough with tweaks…

      • Gamebuntu App Promises to Make Gaming on Ubuntu Painless for Newcomers – 9to5Linux

        Gamebuntu is a new app that promises to make gaming on Ubuntu painless for Linux newcomers and help them build a game-ready setup in a few minutes without any hassle.


        The app is targeted at ex-Windows users (a.k.a. Linux newcomers) who want to switch from Windows to Linux/Ubuntu and do some gaming. It works on virtually any supported Ubuntu release or derivative and acts as both an installer and launcher.

        I’ve tested Gamebuntu on the upcoming Ubuntu 22.04 LTS (Jammy Jellyfish) release and with a single mouse click on the “Install” button it installed Steam, the powerful OBS Studio screencasting and streaming app, Lutris game manager, PulseEffects advanced audio manipulation tools, Wine for installing Windows games and apps, and Heroic Launcher for playing games in the Epic store.

    • Distributions

      • Screenshots/Screencasts

      • Canonical/Ubuntu Family

        • What Is Ubuntu?

          Ubuntu Desktop is a Linux distribution developed by Canonical, and it’s one of the most popular distributions, thanks to its ease of use. It’s also one of the top choices for people who are getting started with Linux. The server edition, which we won’t be focusing on here, is also operating in the majority of internet servers.

          So what is a Linux distribution? It’s an operating system developed from the Linux kernel, UNIX-like system created by Linus Torvalds in 1991. Linux distributions are usually free and open source, and many are great alternatives to popular operating systems like Windows and macOS.

          The Ubuntu Foundation was formed in 2004 by a South African-British developer and entrepreneur Mark Shuttleworth. He wanted to create a more user-friendly Linux distribution than Debian, which was very popular among Linux users at that time. It was notoriously difficult to install, however, and the Ubuntu Foundation worked to remedy that.

    • Devices/Embedded

    • Free, Libre, and Open Source Software

      • SaaS/Back End/Databases

        • Steinar H. Gunderson

          Today was my last day at Oracle, and thus also in the MySQL team.

          When a decision comes to switch workplaces, there’s always the question of “why”, but that question always has multiple answers, and perhaps the simplest one is that I found another opportunity, and and as a whole, it was obvious it was time to move on when that arrived.

          But it doesn’t really explain why I did go looking for that somewhere else in the first place. The reasons for that are again complex, and it’s not possible to reduce to a single thing. But nevertheless, let me point out something that I’ve been saying both internally and externally for the last five years (although never on a stage—which explains why I’ve been staying away from stages talking about MySQL): MySQL is a pretty poor database, and you should strongly consider using Postgres instead.

          Coming to MySQL was like stepping into a parallel universe, where there were lots of people genuinely believing that MySQL was a state-of-the-art product. At the same time, I was attending orientation and told how the optimizer worked internally, and I genuinely needed shock pauses to take in how primitive nearly everything was. It felt bizarre, but I guess you soon get used to it. In a sense, it didn’t bother me that much; lots of bad code means there’s plenty of room for opportunity for improvement, and management was strongly supportive of large refactors. More jarring were the people who insisted everything was OK (it seems most MySQL users and developers don’t really use other databases); even obviously crazy things like the executor, where everything was one big lump and everything interacted with everything else2, was hailed as “efficient” (it wasn’t).

      • FSF

        • GNU Projects

          • Gnuastro 0.16 released
            Dear all,
            I am happy to announce the 16th official release of GNU Astronomy
            Utilities (Gnuastro version 0.16).
            Gnuastro is an official GNU package, consisting of various
            command-line programs and library functions for the manipulation and
            analysis of (astronomical) data. All the programs share the same basic
            command-line user interface (modeled on GNU Coreutils). For the full
            list of Gnuastro's library, programs, and a comprehensive general
            tutorial (recommended place to start using Gnuastro), please see the
            links below respectively:
            For a complete review of the new/changed features in this release,
            please see [1] below (also available in the 'NEWS' file within the
            source code tarball).
            Here is the compressed source and the GPG detached signature for this
            release. To uncompress Lzip tarballs, see [2]. To check the validity
            of the tarballs using the GPG detached signature (*.sig) see [3]:
              https://ftp.gnu.org/gnu/gnuastro/gnuastro-0.16.tar.lz    (3.7MB)
              https://ftp.gnu.org/gnu/gnuastro/gnuastro-0.16.tar.gz    (5.9MB)
              https://ftp.gnu.org/gnu/gnuastro/gnuastro-0.16.tar.gz.sig (833B)
              https://ftp.gnu.org/gnu/gnuastro/gnuastro-0.16.tar.lz.sig (833B)
            Here are the SHA1 and SHA256 checksums (other ways to check if the
            tarball you download is what we distributed). Just note that the
            SHA256 checksum is base64 encoded, instead of the hexadecimal encoding
            that most checksum tools default to.
            fe1f84bf1be270f1a62091e9a5f89bb94b182154  gnuastro-0.16.tar.lz
            B4hftfYuyc7x3I6aEJ2SQlkp6x7zOOrPz/bK2koGuR8  gnuastro-0.16.tar.lz
            1ae00673648fe8db5630f1de9d70b49fadb42d7d  gnuastro-0.16.tar.gz
            kMEdJbsFrRNxDLX4EXntgXNgikJv3/2LIEWGLV/e4i0  gnuastro-0.16.tar.gz
            For this release, Pedram Ashofteh Ardakani, Natáli D. Anzanello,
            Sepideh Eskandarlou, Raúl Infante-Sainz, Vladimir Markelov and Zahra
            Sharbaf directly contributed to the source of Gnuastro, I am very
            grateful to all of them. I should also thank Alejandro Serrano
            Borlaff, Fernando Buitrago, Mark Calabretta, Zohreh Ghaffari, Giulia
            Golini, Leslie Hunt, Raúl Infante-Sainz, Matthias Kluge, Juan Miro,
            Juan Molina Tobar, Markus Schaney, Zahra Sharbaf, Vincenzo Testa,
            Ignacio Trujillo and Aaron Watkins for their very good suggestions or
            bug reports that have been implemented in Gnuastro 0.16.
            If any of Gnuastro's programs or libraries are useful in your work,
            please cite _and_ acknowledge them. For citation and acknowledgment
            guidelines, run the relevant programs with a `--cite' option (it can
            be different for different programs, so run it for all the programs
            you use). Citations _and_ acknowledgments are vital for the continued
            work on Gnuastro, so please don't forget to support us by doing so.
            This tarball was bootstrapped (created) with the tools below. Note
            that you don't need these to build Gnuastro from the tarball, these
            are the tools that were used to make the tarball itself. They are only
            mentioned here to be able to reproduce/recreate this tarball later.
              Texinfo 6.8
              Autoconf 2.71
              Automake 1.16.4
              Help2man 1.48.5
              ImageMagick 7.1.0-9
              Gnulib v0.1-4944-g7fc3219bc
              Autoconf archives v2021.02.19-29-g0fbee2a
            The dependencies to build Gnuastro from this tarball on your system
            are described here:
            Best wishes,
      • Programming/Development

        • Dirk Eddelbuettel: RcppSpdlog 0.0.7 on CRAN: Package Maintenance

          A new version 0.0.7 of RcppSpdlog is now on CRAN. RcppSpdlog bundles spdlog, a wonderful header-only C++ logging library with all the bells and whistles you would want that was written by Gabi Melman, and also includes fmt by Victor Zverovich.

          This release brings upstream bugfix releases 1.9.1 and 1.9.2 of spdlog. We also removed the YAML file (and badge) for the disgraced former continuous integration service we shall not name (yet that we all used to use). And just like digest four days ago, drat three days ago, littler two days ago, and RcppAPT yesterday, we converted the vignettes from using the minidown package to the (fairly new) simplermarkdown package which is so much more appropriate for our use of the minimal water.css style.

  • Leftovers

    • Hardware

      • Is The Game Up For Baofeng In Europe? | Hackaday

        For radio enthusiasts worldwide, the inexpensive Chinese handheld radios produced by the likes of Baofeng and other brands have been a welcome addition to their arsenal. They make an ideal first transceiver for a new licensee, a handy portable for any radio amateur, and an inexpensive basis for UHF or VHF experimentation. Unfortunately with the low cost comes something of a reputation for not having the cleanest spectral output, and it seems that this has caught the attention of regulators in Germany and Poland. In Germany this has resulted in the announcement of a sales prohibition (PDF in German) which seems likely to be repeated across the rest of the EU.

      • Keep The Sparks Away With A Plasma Cutting Table | Hackaday

        For one-off projects or prototypes it’s not uncommon for us to make do with whatever workspace we have on hand. Using a deck railing as an impromptu sawhorse, for example, is one that might be familiar to anyone who owns a circular saw, but [Daniel] has a slightly different situation. He had been setting up metal workpieces on random chunks of brick in order to use his plasma cutter, but just like the home handyman who gets tired of nicking their deck with a saw, he decided to come up with a more permanent solution and built a custom plasma cutting table.

        Plasma cutting has a tendency to throw up a lot of sparks, so most commercial offerings for plasma cutting tables include a water bath to catch all of the debris from the cutting process. [Daniel] builds his table over a metal tub to hold some water for this purpose. The table itself is built out of aluminum and designed to be built without welding even though most people with plasma cutters probably have welders as well. The frame is designed to be exceptionally strong and includes curved slats which add to the strength of the table. The table is also designed to be portable, so the curved slats stay in place when the table is moved.

      • Get Down To Some African Tunes With This HomeBrew Synth | Hackaday

        South African [Afrorack] claims to have built the first home-built modular synthesiser in Africa. Whilst we can’t be sure of this (and to be frank, it doesn’t actually matter) what we can be sure of is that the latest additions to this rig sound pretty rad. (video, embedded below) There really isn’t much doubt that the African nations are the kings of rhythm, and that living in the less well-to-do areas you need to have a certain resourcefulness to use the materials around you. It’s not like you can just pop down to the local electronics store for a missing part, even if you had the funds for it.

    • Health/Nutrition/Agriculture

      • Researchers Use Wearable to Detect and Reverse Opioid Overdoses in Real-Time

        Opioid overdose-related deaths have unfortunately been increasing over the last few decades, with the COVID-19 pandemic exacerbating this public health crisis even further. As a result, many scientists, healthcare professionals, and government officials have been working tirelessly to end this deadly epidemic. Researchers at the University of Washington are one such group and have recently unveiled a wearable to both detect opioid overdose and deliver an antidote, in real-time, restoring normal bodily function.

        As the researchers describe in their paper, opioid overdose causes respiratory rate depression which will lead to hypoxia (insufficient oxygen in the blood) and ultimately death. Fortunately, opioid overdose can be readily reversed using naloxone, a compound that binds to receptors in the brain, outcompeting the opiates themselves, and restoring normal breathing. Unfortunately, if someone is overdosing, they are unable to self-administer the antidote and with many opioid overdoses occurring when the victim is alone (51.8%), it is necessary to develop an automated system to deliver the antidote when an overdose is detected.

    • Integrity/Availability

      • Proprietary

        • Security

          • Linux Fixes Spectre V1 SWAPGS Mitigation After Being Partially Borked Since Last Year – Phoronix

            This week’s set of “x86/urgent” changes for the Linux 5.16-rc4 kernel due out later today has some Spectre V1 fixes after kernel commits last year ended up partially messing things up around its SWAPGS handling. These fixes in turn will also likely be back-ported to relevant stable kernel series.

            Thanks to an Alibaba engineer, Lai Jiangshan, are some important fixes around the Spectre V1 SWAPGS mitigation that are landing today in the mainline kernel.

          • Reproducible Builds: Reproducible Builds in November 2021

            As a quick recap, whilst anyone may inspect the source code of free software for malicious flaws, almost all software is distributed to end users as pre-compiled binaries. The motivation behind the reproducible builds effort is therefore to ensure no flaws have been introduced during this compilation process by promising identical results are always generated from a given source, thus allowing multiple third-parties to come to a consensus on whether a build was compromised. If you are interested in contributing to our project, please visit our Contribute page on our website.

          • Reproducible Builds (diffoscope): diffoscope 195 released

            The diffoscope maintainers are pleased to announce the release of diffoscope version 195. This version includes the following changes:

            [ Chris Lamb ]
            * Don't use the runtime platform's native endianness when unpacking .pyc
              files to fix test failures on big-endian machines.

    • Environment

      • European bioplastics industry criticises EU methodology comparing fossil-based and bio-based plastics [Ed: Cites EPO greenwashing of patents; how much did the EPO bribe the media to help it deflect and distract from EPO corruption?]

        In a statement released today by the European Bioeconomy Alliance, the coalition details its criticisms of a new methodology for life cycle analysis (LCA) developed by the European Commission’s Joint Research Centre (JRC).

        The LCA analysis methodology has been developed by the JRC over the last three years, with input from various stakeholders, and encompassing players from both the bio-based and fossil-based plastics supply chains. The final methodology for the LCA of alternative feedstock for plastics production was published in June 2021.

        European Bioplastics (EUBP), a member of the EUBA, says that, alongside other organisations, it contributed significant expertise, which it does not believe was fully taken into account of the published methodology. The Managing Director of EUBP, Hasso von Pogrell, comments: “Together with other bio-based industries, we support LCAs as a valuable instrument to measure environmental sustainability.


        Earlier this month, Appleyard Lees released data on global patent activity that suggests renewed interest in developing bioplastics after an initial peak in 2003, a trend also supported by the European Patent Office (EPO). As technologies expand and companies begin to make decisions about future sustainable development, it seems that a way to accurately compare bio-based and fossil-based plastics will be increasingly important – and perhaps also elusive.

    • Finance

      • Mr Goxx, the cryptocurrency-trading hamster, dies – BBC News

        The cryptocurrency-trading hamster Mr Goxx has died.
        The rodent, who shot to internet fame for his ability to often outperform human investors using a specially built trading cage, died on Tuesday.
        The furry financier’s official Twitter account announced the hamster’s death to his 18,000 followers on social media.
        “You proved to us, that the internet doesn’t necessarily have to be a toxic wasteland,” his owners told the BBC.

    • Civil Rights/Policing

      • agger’s Free Software blog: Cory Doctorow’s “Walkaway” – some comments

        This post started as a Twitter thread – I’m reposting here to elaborate a bit (and fix some typos).

        I recently read Cory Doctorow‘s novel “Walkaway”. It scathingly turns on the increasing inequality & proposes an anarchist-style rebellion consisting of people simply walking away and renouncing “default” society. It’s quite a page turner, and so definitely worth reading.

        I have my difficulties with one plot point, though: The notion of gaining eternal(-ish) life by uploading your personality. First, I don’t think that will ever happen, technology-wise; second, I don’t think our personality, our being-as-human, makes any sense without a body.

        “We” are not just spirit, not just reasoning and thought as located in Broca’s and Wernicke’s areas and the pre-frontal cortex, but are the result of processes all over the brain, in the limbic system and thalamus etc, all of which are strongly linked to our bodily functions.

        In that sense, there doesn’t seem to be a well-defined “me” which can be reduced to pure spirit or to computation. “I”, the conscious me, is an interpretation, a kind of self-regulation mechanism as Maturana proposed with his autopoiesis, whose “location” is not definable.

        The actual practical problems involved in a “mind scan” are daunting, though, and apparently unsolvable – there is no known non-destructive way of mapping out the neural connections in a living brain, and even if there were, the dynamics of different proteins and complex neurotransmitter mechanisms is still largely unknown. Some of these problems might indeed be solved the next 50 years – the novel is set around 2070 – but others, like the physical problems of probing molecular-sized networks with non-destructive networks (which may be impossible in principle due to Heisenberg’s indeterminacy relations and the wave/particle duality) and getting an actual electron microscope inside someones brain; and not least, the philosophical and neurological problem of what consciousness even is don’t seem to going anywhere even in the next five hundred years. To put it another way, as a practical proposition (as opposed to say, as a thought experiment or a plot point in a science fiction novel) the notion of personality upload should not be taken seriously by any intelligent persons – and this would, like space travel elsewhere, not be a problem with the novel if it weren’t for the fact that too many people actually do take the idea seriously these days.

      • Harvard adds caste bias protections for graduate student workers 

        Harvard University is the latest U.S. school to add measures protecting caste-oppressed students following a push from graduate workers and a national organization.

        Since March, South Asian graduate student organizers have tried to point out to the university’s administration what they say is a real problem on campuses across the U.S.: discrimination based on the Hindu caste system.

        Those born into lower castes, known as Dalits in India’s deeply rooted hierarchies, have faced violence and oppression on the subcontinent for thousands of years. Though the system is now illegal in India, its impact is still far-reaching and can manifest themselves in a lack of social and economic mobility.

        With the increase in South Asian immigration to the U.S. since the 1980s and ’90s, the hierarchies have been carried overseas.

        Twenty-five percent of Dalits in the U.S. report having faced verbal or physical assault, according to research by Equality Labs, an organization dedicated to ending white supremacy and casteism. One in 3 Dalit students also reported experiencing prejudice that affected their education, the study found.

      • Democrats’ Problem Ain’t CRT

        After their election debacle in Virginia and the close call in New Jersey, Democrats are looking for what or who to blame. Initial targets are Critical Race Theory (CRT), something dismissed as “wokeness,” and Congressional progressives known as “the Squad” including the nefarious “AOC.” If Democrats accept the narrative that swing voters rejected “extremism,” they are doomed to lose big in 2022 and 2024.

        Leading Republicans have not shied away from extremism or violence; in fact, they have embraced both. When Arizona Congressional Representative Paul Gosar tweeted animated videos showing him killing Representative Alexandra Ocasio-Cortez (D-NY) and attacking President Biden with a sword, Republicans in Congress overwhelmingly voted against censuring him. They blame Biden for the recent spike in COVID cases, while they actively campaign against mandatory vaccination and masking.

        Former Republican Speaker of the House Newt Gingrich is promoting rightwing “Replacement Theories” that were behind the neo-Nazi Charlottesville rally. On Fox “Fake” News, Gingrich accused leftists of trying to “drown” out “classic Americans” and replace them with people who knew nothing of this country’s history and traditions because they want to “get rid of the rest of us.” Gingrich’s claims were repeated by Fox talking head Tucker Carlson who accused Democrats of trying to “change the racial mix of the country” so they could “reduce the political power of people whose ancestors lived here.”

    • Monopolies

      • [Guest post] Flattery or freeloading? The use of look-a-likes within the context of image rights

        “Imitation is the sincerest form of flattery that mediocrity can pay to greatness”, Oscar Wilde famously stated. Yet, the comical imitation of another work or person is not without controversy. Whilst some grin and bear the parody, others are less charmed by a spoof of their creation or persona.

        Max Verstappen, renowned F1 driver, proved to be the latter. In a case currently pending before the Dutch Supreme Court, Verstappen alleged that the use of a look-a-like in a commercial infringed his portrait/image rights. The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody?


        In 2016, Verstappen featured in a TV commercial for Dutch supermarket chain Jumbo. In the commercial Verstappen delivers groceries in his F1 racing car, attesting to the swiftness of Jumbo’s delivery service. Shortly thereafter, Picnic, a competitor of Jumbo, also launched a commercial. In this commercial, a (very accurate) look-a-like of Verstappen, wearing the identical racing outfit Verstappen wore in the Jumbo commercial, delivers groceries in Picnic branded lorry.

        Unhappy with the parody, Verstappen successfully claimed infringement of his image right at first instance (before the district Court of Amsterdam). The Court of Appeal of Amsterdam ruled differently and held that, under Dutch law, image rights only grant protection against the actual use of one’s own image. Given that the commercial of Picnic merely depicted a look-a-like of Verstappen, the image of Verstappen itself was not used and thus could not have been infringed.

        In an attempt to have the final laugh, Verstappen brought the case before the Dutch Supreme Court.

      • Book Review: Handbook of Intellectual Property Research [Part 2] [Ed: There is no such thing as "Intellectual Property"; it's a misleading misnomer, just like this book title]

        This Kat continues her review of the “Handbook of Intellectual Property Research” (ed. by I. Calboli and M. Montagnani, OUP, 912 pp.), published recently in open access (review of Parts I and II, here). After discussing traditional legal methods in Parts I and II, the second half of the book introduces readers to empirical research methods.


        Chapter 28, authored by Geertrui Van Overwalle and Lina Kestemont, reminded this Kat of the methodology courses she took during the first year of her PhD studies. Van Overwalle and Kestemont present a useful classification of different research designs (eg descriptive research an evaluative research), which is followed with an explanation of doctrinal and empirical research methods.

        Daniel Seng details in Chapter 29 the six steps to quantitative legal analysis. Although quantitative legal analysis is not without its limitations, Seng reminds that where designed properly, it can become a reliable tool in IP research.

        Sharon Bar-Ziv looks at the content analysis approach (one of the basic methods in empirical research) in IP scholarship. After introducing readers to the three main stages of content analysis, Bar-Ziv applies this methodology to a case study: content analysis of online copyright law cases.

      • Patents

        • Illumina Wins $8M Jury Verdict in BGI Patent Infringement Suit, Loses Patent

          In a verdict reached on Tuesday, the jury found that the infringement was willful, allowing Illumina to potentially collect triple damages. It also invalidated Illumina’s US Patent No. 7,541,444, titled “Modified nucleotides,” and claim one of US Patent No. 10,480,025, titled “Labelled nucleotides.”

          “We are pleased that the jury found that four of Illumina’s patents directed to our proprietary azido sequencing-by-synthesis chemistry were valid and willfully infringed by BGI,” Illumina said in a statement. “We respectfully disagree with the jury’s decision to invalidate [the '444 patent]. We will appeal that part of the jury’s decision.”

          “We are pleased to see that the jury invalidated the claim of [the '444 patent] asserted by Illumina,” MGI said in a statement. “This patent contained the broadest of all the asserted claims and had the longest remaining life of the five asserted patents. With this result, MGI may potentially begin selling CoolMPS technology-based products in the US ten months earlier, by August 2022.

          “In addition, the jury awarded Illumina much smaller damages ($8 million), only a third of what it was seeking,” MGI said. “We firmly believe that MGI has not infringed any valid Illumina claim and are evaluating options for post-trial proceedings.”

          In a note to investors, Cowen analyst Dan Brennan suggested the decision will block BGI from entering the US market in the next year or two assuming the verdict is held up on appeal. According to Illumina, the ’444 patent was set to expire in June 2023 and US Patent No. 7,771,973, also titled “Modified nucleotides,” will expire in August 2022.

        • How patent law supports the fight against climate change [Ed: Another example of grotesque greenwashing of patent monopolies, boosted by the criminals who took over the EPO and need to deflect]

          Intellectual property agencies around the world want to back innovation that addresses climate change. Fast-tracking green technology patents is a key approach


          Meanwhile, the EPO has established a dedicated classification scheme for green inventions, making it easier for users to search its vast database and retrieve patent documents that cover these technologies.

        • Huawei knocks out two Chinese patents in global SEP dispute with IP Bridge [Ed: Patent trolls have already become a problem in China]

          Japan’s IP Bridge has more China litigation experience than many licensing businesses, but faces a tough challenge from Huawei

        • Biogen Int’l GmbH v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2021)

          As is well-known, Congress established the Federal Circuit as a circuit court of appeals to harmonize U.S. patent law in an environment where regional Circuit Courts had developed their own judicial interpretations of the patent statute. As a consequence, it was often to a party’s benefit to choose to litigate in a Circuit where the law was favorable to their case. The resulting disharmony was occasionally and variably corrected by the Supreme Court, but Congress perceived the High Court’s capacity or concentration on patent law to be insufficient to the country’s needs for consistent application in this area of the law. For a generation, the Federal Circuit was able, with little interference from the Supreme Court, to create the harmony Congress mandated, assisted by judges who understood the law and the precedential roots thereof (as well as understanding Congress’s mandate and the need to doctrinal consistency). Recently, however, the Court seems to have morphed (along with the composition of the judges) into a soi-disant court of equity, more concerned with doing what at least two judges on any particular panel have been convinced to believe is “the right thing” (for the parties or the law) than with ruling consistently with the Court’s precedent. And that tendency (which could be termed “equity creep”) explains in part the Court majority’s decision in Biogen Int’l GmbH v. Mylan Pharmaceuticals Inc. and Judge O’Malley’s vigorous and cogent dissent.


          This is where Judge O’Malley believes the majority and the District Court got off on the wrong foot as a “threshold error” that the majority dismisses in error.


          This is not a case where blaze marks are needed, according to Judge O’Malley, who states “[the specification] does not provide a laundry list disclosure of therapeutically effective doses” but rather provides “one range with the exact DMF 480 dose that is claimed” (emphasis in dissenting opinion) and thus blaze marks should not be required or an issue in deciding satisfaction of the written description requirement.

          This portion of Judge O’Malley’s dissent raises the issue in a way not otherwise addressed expressly in either opinion, but one that seems relevant to the Court’s precedent and consideration of it in this case. It has long been the case that claims must not need in haec verba support in the specification. See, e.g., Ariad Pharms., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1352 (Fed. Cir. 2010) (en banc). This decision, for the first time, may be one where claims that unambiguously have in haec verba support have been found not to satisfy the written description requirement. As with many of the Court’s precedents, the current Court seems to show in its opinions a slow, disquieting tendency to have them spread from the doctrinal boundaries to encompass more and more circumstances that, in past precedent would have been inconceivable. This is an embodiment of a specialized patent court that it is not easy to appreciate Congress did not intend to create.

        • COVID Patents at the Federal Circuit (Moderna Loses) [Ed: Instead of fighting the virus they fight over patents and it is killing millions of people while billions in cash are hoarded by the monopolisers, who lack an incentive to end the pandemic]

          Arbutus owns several patents related to a lipid-based delivery system for nucleic-acid-based treatments. U.S. Patent 8,058,069 and 9,364,435 are the two at issue here. The claims are directed to the creation of a “acid-lipid particle” that includes some RNA along with lipids to stabilize the sequence, including particular percentages of cationic lipids, non-cationic lipids, and conjugated lipids.

          COVID: If you have been following the news, you know that the COVID-19 vaccines distributed by Moderna and Pfizer deliver mRNA to the cells using lipid nanoparticles. Although Arbutus has apparently not threatened Moderna with an infringement action, it has apparently requested a broader license agreement and refused to issue a covenant-not-to-sue. Moderna recognizes “a substantial risk” that Arbutus will assert the patents in an infringement lawsuit “targeting Moderna’s COVID-19 vaccine.”

          Pre-COVID: Moderna had been working on mRNA delivery systems and had previously licensed the patents for research work using a milestone payment scheme. Moderna challenged the patents via IPR in 2018 and 2019 so that it could use the inventions without royalty payments or other reporting. IPR2018-00739; IPR2019-00554. This was all before COVID, but the risk and value have ramped-up exponentially.

        • Trees for the Forest: Claiming Endpoints of a Range and Written Description [Ed: Patents on drugs can be a little like patents on cooking recipes and they don't even disclose the whole recipe when pursuing a monopoly]

          In Biogen Int’l GMBH v. Mylan Pharma Inc. (Fed. Cir. November 30, 2021), the Federal Circuit has extended that metaphor and found Biogen’s patents invalid for lack of written description. In the case, Judge Keeley (N.D.W.Va.) held a bench trial and concluded that the asserted claims Biogen’s MS treatment-method patent invalid for lack of written description. On appeal, a divided Federal Circuit then affirmed, with Judge Reyna penning the majority opinion joined by Judge Hughes, and Judge O’Malley writing in dissent.

          Biogen’s U.S. Patent 8,399,514 covers a method of treating multiple sclerosis using the drug dimethyl fumarate (DMF). The claimed method has one step: administering about 480 mg of DMF per day along with an excipient.


          The question in the case is whether the dosage requirement (~480 mg/day) was sufficiently disclosed in the original specification so that it can be specifically claimed. For this type of analysis, the courts look to the Written Description requirement as one way to ensure that a patent’s exclusive rights are commensurate with what was actually invented. The doctrine requires that the patent application show “possession of the invention” as judged from the perspective of a person of skill in the art considering the entire original specification, including “words, structures, figures, diagrams, formulas, etc.” Lockwood v. Am. Airlines, Inc., 107 F.3d 1565, 1572 (Fed. Cir. 1997). Originally filed claims are seen as part of the specification, and so most often it is sufficient to show that claim limitations were found in the original application. But see, Ariad Pharm., Inc. v. Eli Lilly & Co., 598 F.3d 1336 (Fed. Cir. 2010) (en banc) (original claims can still fail). Despite Ariad, we most often see the power of written description in situations where the claims have been amended to add some limitation that is not clearly expressed in the original specification.

        • Artificial Intelligence: Can a machine be an inventor? [Ed: The zealots and liars from Keltie are once again promoting patent extremists’ agenda]

          Computers, and the functionality they provide, permeate every part of modern life. Computers are on your desktop, computers are in your car and there’s a chance you’re reading this article on a device that’s talking to the watch on your wrist, the router in the other room and a variety of other smart devices in the building.


          In Europe the two patent applications (EP3564144 and EP3563896) were refused by the EPO following oral proceedings in November 2019 on the grounds that the European Patent Convention requires an inventor to be a human.

          The EPO’s decision is being appealed to the Board of Appeal (J0008/20 and J0009/21). In its preliminary opinions (here and here) the Board of Appeal indicated that in its view an inventor needs to a person having legal capacity. The oral proceedings for the appeal is scheduled for 21 December 2021**

          Incidentally the Designation of Inventor statement on the EP DABUS cases is not your typical statement and is worth a read. It’s an essay in its own right!

        • Eligo Bioscience Announces Successful Outcome in US Patent Interference against SNIPR Biome on CRISPR-Cas antimicrobials [Ed: Crossing red lines by calling nature and life "inventions", then trying to find tricks for patenting (monopolising) them]

          Eligo Bioscience today announced that the US Patent and Trademark Office (USPTO) has issued on Nov 19, 2021, a decision and a judgement acknowledging priority to the invention of precision bacterial killing using CRISPR to The Rockefeller University. This invention described in patent family WO2014124226, is owned by The Rockefeller University and exclusively licensed to Eligo Bioscience. With the ruling, the USPTO canceled all claims of all five SNIPR Biome’s US patents involved in the interference.

        • Could Description Amendments Made During Prosecution at the European Patent Office Affect U.S. Litigation? [Ed: This large law/litigation firm now associates with Watchtroll and promotes the lie that the EPO still obeys the EPC]

          Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation. These Guidelines instruct European patent examiners (and the public) on how the patent prosecution process works—much like the United States Patent and Trademark Office’s (USPTO’s) Manual of Patent Examining Procedure. For example, the Guidelines detail what form a patent application must be in, what happens during a prior art search, and perhaps most importantly, what should be included in an application. Guideline F-IV 4.3 particularly focuses on the form, contents, and clarity of the claims.


          This begs the question: could description amendments made under Guideline F-IV 4.3 affect U.S. litigation? U.S. courts have yet to grapple with this specific question.

          Assume that an applicant submitted identical descriptions and claims to the USPTO and the EPO. But during prosecution, the EPO required the applicant to delete material in the description to ensure consistency between the claims and the description. Both applications then issued with identical claims. Parts one and two of this inquiry are easily met. A court’s hardest task is to determine whether the statement was a blatant admission, “consistent with the claims and the invention described in the specification,” or not related to a unique aspect of foreign patent law.

          In this hypothetical, a court could find that description amendments are blatant admissions. See Gillette Co. v. Energizer Holdings, Inc., 405 F.3d 1367, 1374 (Fed. Cir. 2005) (holding that patentee’s statements to the EPO regarding claim scope could be used in claim construction because they were blatant admissions). Because description amendments delete embodiments that are outside the scope of the claims, a court could interpret them to be blatant admissions of claim scope of identical claims. Courts could similarly apply this same logic to find that description amendments are made to be consistent with the claims and invention, and thus, they are relevant to understanding the scope of the claims in the U.S. patent.

          Whether description amendments are “unique to foreign patent law” may be a closer call. It is rare for the specification to be amended during U.S. prosecution. In fact, U.S. examiners do not have the authority to require an applicant to delete material in the specification that is not covered in the claims. Thus, a court could conclude that the EPO’s description amendment requirements are so different from U.S. patent law, that an applicant’s response to such a requirement should not impact the scope of the U.S. patent. Claims, however, define the “metes and bounds” of the invention. They are not unique to foreign patent law. Therefore, a court may find that the deletion is not “a statement related to unique aspects of foreign patent law” because it was a statement about claim scope.

        • Forthcoming amendment of Hungarian Patent Law [Ed: It is a very corrupt patent system and patent office]

          On 11 November 2021, the Hungarian Parliament accepted a substantial amendment to the Patent Law, which will be effective from 1 January 2022. This article provides a general overview of the forthcoming amendment.


          Prior to the amendment, there has existed a bifurcation system in Hungary, according to which nullity proceedings against patents are decided first by the Hungarian Intellectual Property Office (HIPO). Against the decision of the HIPO, a request for reconsideration can be filed at the Metropolitan Court (the single competent court for such cases), and against the decision of the Metropolitan Court, any party can appeal to the Metropolitan Appeal Court. While Metropolitan Appeal Court decisions are final, requests for supervisory proceedings can – under certain circumstances – be filed to the Kuria (the Supreme Court of Hungary).

          If, within a patent infringement lawsuit, the defendant bases its defence on the invalidity of the ruling patent, it can start a nullity proceeding against the patent, and the patent infringement proceeding is suspended until a final decision is made concerning the validity of the patent. Because of the three or possibly four levels of nullity proceedings, they last an average of four to five years, and the subsequent patent infringement lawsuit, which also involves two or three levels, starts only after this long period has elapsed. Unless the patentee can obtain a preliminary injunction, the infringer can use the patent until a final decision is brought in the patent infringement lawsuit, which often takes place after between six and eight years after the beginning of the proceeding.

          This bifurcation system has certain advantages, but they are more than offset by the long procedural time, which has decreased the value of Hungarian patents and caused serious problems for patent owners. The recent amendment limits the exclusive right of the HIPO to provide a first-instance ruling in nullity cases, and authorises the Metropolitan Court (and all appeal courts) to decide in both the validity and infringement lawsuits of a patent if the defendant has filed a nullity request within the framework of a counterclaim in the lawsuit.

          If there is an ongoing nullity proceeding against the patent before the start of such a counterclaim, the earlier process has to be decided first. Here, the bifurcation system is maintained – the infringement lawsuit has to be suspended.

        • German court considers AI generated inventions [Ed: JUVE and the patent litigation cartel are lobbying for this utter lunacy which is patents for bots]

          Artificial intelligence (AI) generated inventions are not precluded from patent protection – provided a human is named as inventor in the patent application, Germany’s Federal Patent Court has ruled.


          While a district court in the US state of Virginia has also ruled against Dr. Thaler this year, a parallel case about applications for the same inventions was decided in Dr Thaler’s favour in Australia. That decision is the subject of an appeal by Australia’s commissioner of patents, however. Further, earlier this year the South African Patent Office granted Dr Thaler’s patent.

          Marc Holtorf, patent litigation expert at Pinsent Masons, said “The recent Thaler/DABUS decision of the German Federal Patent Court has cleared the way to register inventions made by AI as patents in Germany. While the court decided that the listed inventor must be a natural individual it has also ruled that the AI can be named additionally.”

          However, Sarah Taylor, also of Pinsent Masons, said the “rare win” for Dr Thaler is likely to be appealed. “Despite this, it appears that the German court has attempted to find a pragmatic solution to this problem, of dealing with patent applications that concern AI devised inventions,” Taylor said.

        • Unified Patent Court comes closer as Austria progresses towards ratification of PAP [Ed: Lots of false ‘information’, as usual from Team UPC; carnival/festival of fake news; they pay to boost this]

          After the Austrian Parliament unanimously passed the government bill on 19 November 2021 ratifying the Protocol to the Agreement on a Unified Patent Court (UPC) on provisional application (PAP), the Austrian Federal Council has also unanimously approved ratification of the PAP today, 02 December 2021, as expected.

        • Opt Out your European Patents? – Pros and cons (“you put your whole self in, your whole self out….”) [Ed: “Momentum is gathering towards the UPC becoming operational” is false unless one subscribes to the fake news, which they pay to boost]

          Momentum is gathering towards the UPC becoming operational

        • Ant Group and Qualcomm to headline IPBC China next week [Ed: IAM is bribed by the EPO to lobby for the UPC and now “briefing on key upcoming developments including the UPC.”]

          And Day Two, on Tuesday 7 December, will take place in China’s afternoon, which will allow for a focus on Europe that will include a briefing on key upcoming developments including the UPC.

        • Progress in Austria brings the UPC ever closer [Ed: Austria isn’t the barrier of the UPCA; UK is one of many barriers, but Team UPC advances a fake narrative ushering in an illegal act, or an attempt at it; they’re promoting a bogus storyline for financial gain.]

          Progress continues at pace towards the new Unified Patent Court (“UPC“) in Europe, with news that the National Council of the Austrian Parliament (Nationalrat) has unanimously approved the Protocol on Provisional Application (“PPA“). The next step is for the PPA to be approved by the Austrian Bundesrat (Federal Council), and this is likely to happen before the end of this year.

          Therefore Austria is likely to be the thirteenth participating Member State of the UPC to approve the PPA, which is all that is required for the PPA to enter into force. The Chairman of the Preparatory Committee has already been given a mandate to organise a signing ceremony of the Declaration relating to the start of the Provisional Application Period, so it looks unlikely that there will be much further delay in the process.

        • This week in IP: Software developer jailed for IP theft, AI co-author seeks US protection, and more [Ed: Will Stark become Director? Instead of the Microsofter?]

          Judge Len Stark, President Joe Biden’s nominee for the Court of Appeals for the Federal Circuit, faced questions from senators at his judiciary nomination hearing on Wednesday, December 1.

          Stark, a judge at the District Court for the District of Delaware, was probed by Senators Patrick Leahy and Chris Coons on appeals from the Patent Trial and Appeal Board, the District Court for the Western District of Texas and his experience as a trial judge.

          When Stark introduced himself, he said it was a special privilege to be the first Delawarian to be nominated to the Federal Circuit and the first to be nominated by a Delawarian president.

          His first patent-related question came from Leahy, who noted that the Federal Circuit had increasingly raised the bar for Article 3 standing.

          The senator asked: “Do you agree judicial review is important and both sides should have a chance to seek review before being estopped?”

          Stark replied: “In all instances when an issue related to the PTAB comes before me, I apply the law to the specific facts of the case.”

          Leahy then turned to western Texas, asking whether he saw any issues with the fact that a quarter of US patent cases were going to one venue.

          Stark gave a similar answer, saying he saw patent venue disputes regularly in Delaware and in each case looked at the specifics before him and applied the law.

          Coons later asked how Stark thought his experience at the District of Delaware might help him at the Federal Circuit.

          Stark said he would bring with him a recognition of how challenging it was to put together a reviewable record in a patent case.

          “The tech is always complex and the facts are challenging and patent litigators, as you know, often disagree with one another,” he said.

          “I estimate in a typical patent case that goes to trial, I make many hundreds of decisions and maybe more than 1,000 decisions. Typically, only a handful of those decisions will ever get appealed to the Federal Circuit.

          “I would bring with me an understanding of the context in which those appeals arise.”

        • Vidal tackles Senate questions on Section 101, Fintiv and SEPs [Ed: Microsofter trying to sneak into USPTO as its chief]

          The nominee for USPTO director got the most attention from the Senate Judiciary Committee panel aside from New York judge nominee Dale Ho

        • Biden Patent Nominees [Ed: Better if Biden appoints the judge, Stark, not the Microsofter]

          Both nominees have substantial experience handling patent cases. Stark as a district court judge in the patent-heavy district of Delaware (2000+ patent cases) and Vidal as a patent attorney and patent litigator in Silicon Valley. And, importantly, I expect both nominations will be swiftly confirmed by the Senate, although Judge Stark will not be seated until after Judge O’Malley retires in March 2022. Vidal’s testimony offered some clues, suggesting that she may consider rolling back some of the pro-patentee procedural changes to IPRs implemented by Dir. Iancu. But, as is usual with nomination hearings today no concrete details were provided.

        • A Split Develops: Can Artificial Intelligence Invent Stuff? [Ed: Any sheer lunacy such as patents for bots would pave the way for patents... granted to one's pets]

          There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application.

          A recent U.S. district court decision illustrates the consistent position taken in the U.S. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.1 As such, AI cannot be listed as an inventor on a patent application. Similarly, the U.K. has recently ruled that AI cannot be an inventor under British law.2

          The Federal Court of Australia, in a recent decision, took a different approach. In July 2021, the court held that “an artificial intelligence system can be an inventor for the purposes of [Australia’s Patents] Act.”3 South Africa has even recently issued a patent where “[t]he invention was autonomously generated by an artificial intelligence.”4

          The result reached by the U.S. and U.K. and the opposite result reached by Australia and South Africa are interesting because at issue were alleged inventions by the same AI.

        • Easy Patent law Quiz for 2021: [Ed: Dennis Crouch teaching people how to trick the patent system and get fake patents past the examiners (because that's typically the job, more often than appeals and objections)]
        • Darling Ingredients’ Rousselot® Health Brand Obtains A Granted Patent from the European Patent Office for its SiMoGel™ Solution [Ed: More patents on food the way I read it, or gateway towards that]
        • Rousselot obtains European patent for nutraceutical gummy platform [Ed: Stepping stone towards patents on food now that EPO even grants patents in chewing gum (that was years ago)]

          The European Patent Office (EPO) has granted the Rousselot’s patent application for SiMoGel, a gelatin-based platform for the production of functional gummies.

          Launched in 2018, the product enables starch-free production of nutraceutical gummies – improving hygienic conditions for supplement development.

          “We’re delighted to have achieved this important step in protecting our innovative SiMoGel solution,” said Marit van der Heijden, Global Marketing & Project Manager at Rousselot. “The patent grant by the EPO strengthens our current patent portfolio and confirms that we are delivering truly innovative solutions to the market. In securing this patent, we are able to offer our customers even more opportunities for secure product development, allowing them to tap into the growing nutraceutical gummy market.”


          The patent is effective in all major countries in Europe and is pending in Brazil, Japan and the United States.

        • Rousselot extends partnership supporting Olympic athlete nutrition [Ed: The Rousselot company wrongly asserts that EPO is EU common error, but still shows they pursue patents they have little clue about]

          In parallel with its partnership deal, Rousselot has announced EU patent approval for SiMoGel gelatin-based, starch-free solution for functional gummies. The patent will enable the company to add further value to this dynamic category with new innovative delivery formats, says Marit van der Heijden, global marketing & project manager.

          She asserts that nutraceutical gummies achieved average market growth of 37.3% between 2016 and 2020 (Innova Market Insights), which has generated some exciting opportunities.

          “In securing this patent, we are able to offer our customers even more opportunities for secure product development, allowing them to tap into the growing nutraceutical gummy market.”​

          Rousselot recently developed centre-filled gummies (or gummy caps), which combine the benefits of soft gels with gummies, and plans to team up with customers to develop 3D gummies in visually appealing and “palatable​” shapes.

          Van der Heijden adds: “We are committed to using gelatin as the preferred excipient in this application, as we believe its many functional benefits and natural origins bring endless possibilities for consumers to enjoy their daily vitamins, and even medicines.”​

          The EU (European Patent Office) patent is valid throughout Europe but is pending in Brazil, Japan and the US.

        • The annual World Intellectual Property Indicators Report (WIPI) and China’s IP boom [Ed: Patent propaganda from China [1, 2, 3, 4], misnaming them “IP” and pretending that just granting millions of piece of junk is “innovation”; this is how financial bubbles get created]

          On 8 November 2021, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report (WIPI), reviewing global IP activity in 2020.

          WIPI compiles data from around 150 IP authorities (both national and regional) and WIPO concerning filing, registration and renewals on IP rights. It finds that 2020, for all its eventfulness, presented a resilience force in IP – several main application volumes worldwide increased since 2019…

        • Can I continue shipping products if I am being sued for patent infringement? A summary of the Court’s considerations

          The Plaintiff and the Defendants (who are members of the BGI Group) are the major players in the genetics sequencing industry. The Products and Services are manufactured by the BGI Group in mainland China, the majority of which are sold and supplied to the Overseas Customers through the Hong Kong airport. The Defendants had been engaging in these transhipment activities (the “Transhipment Activities”) for at least 2 to 3 years prior to the Plaintiff’s application and subsequent approval for the Patent.

        • Zynerba Pharma pops 4% after securing new European patent for Zygel CBD gel [Ed: Getting high on monopolies that the EPO grants to narcotics pushers]
        • Katja Sørensen [Ed: IAM is nowadays posting pure SPAM disguised as ‘articles’ and ‘interviews’ (this is one of many); JUVE, IAM, Managing IP and other such sites became spamfarms disguised as “news” sites; here’s another new example.]
        • Case Report: BASF Corporation & Ors v Carpmaels and Ransford [Ed: When patent law firms work against you, not for you, and they get away with it...]

          The claimants in this case claimed to have suffered US$1.2bn in lost profits from the defendant’s accepted failure to file an appeal in time against a patent revocation. In an interesting judgment dated 29 October, Mr Justice Adam Johnson held that the claimants failed to establish that a duty of care was owed to those entities who suffered the most substantial losses and failed to prove that their lost chance of securing some benefit from the patent, had an appeal been filed, was “real and substantial”. As such, the Judge held the claimants were only entitled to “nominal damages” because of the accepted breach of duty.


          Although Mr Justice Adam Johnson held that a duty of care was only owed to the First Claimant, he nonetheless went on to consider whether, if a duty had been owed to all the Claimants, their loss of profits claim would have succeeded.

          Had the appeal of revocation of Patent 458 been lodged in time, then its revocation would have been automatically suspended, pending the appeal being heard and resolved. Therefore, there was no positive step that the Claimants needed to prove they would have taken on the balance of probabilities. The Judge said that the only issue to consider was what would have happened in the counterfactual scenario in the period 2012 to early 2015. The counterfactual is not assessed on the balance of probabilities. Instead a Claimant’s losses will follow, based upon the chance of the counterfactual situation arising (the damages being assessed in percentage terms) provided that the lost chance or opportunity is a real one (i.e., a chance of 10% or more).

          In a very careful consideration of the counterfactual evidence, Mr Justice Adam Johnson was not persuaded that the existence of Patent 458 in the period 2012 to early 2015 would have generated any real chance of the vehicle manufacturers and/or the Rival Company making different procurement decisions, so that a larger share of business went to the Claimants.

        • [Older] Key takeaways from Merck’s landmark covid IP licensing deal with the Medicines Patent Pool [Ed: These patent pools are death knells to millions of people; it's all about hoarding/plundering taxpayers' money to enrich the likes of investors such as Bill Gates]

          Merck has become the first covid-19 therapeutic or vaccine owner to strike a deal with the MPP. Here are the most important takeaways from the agreement.

        • Nicox is Granted Patent for Blepharitis Product Candidate NCX 4251 in Europe

          Nicox SA (Euronext Paris: FR0013018124, COX), an international ophthalmology company, today announced that patent EP 3,769,753, expiring in 2040 and covering the Company’s product candidate in development for blepharitis, NCX 4251, has been issued by the European Patent Office (EPO). The patent covers ophthalmic suspensions comprising a specific form of fluticasone propionate nanocrystals and the method for manufacturing the ophthalmic suspensions. Examination of corresponding patent applications providing exclusivity in the United States (U.S.), China, Japan and other territories is in process.

        • How holdout has evolved: SEP owners reveal new tactics [Ed: Ericsson’s patent cartel in more “professional” clothing]

          Counsel at Ericsson and four other companies say NDA quibbles, antitrust suits and collective holdout have all become more common

        • Crandall Tech patent successfully challenged

          On November 17, 2021, the USPTO issued a final office action rejecting all claims of U.S. Patent 9,645,720 at issue. The ’720 patent is related to data sharing, owned by Crandall Technologies LLC, an NPE, and has been asserted against Vudu. The final office action issued roughly 10 months from when Unified filed the request for ex parte reexamination and about 9 months after reexamination was ordered.

        • Arsus final decision affirmed by Federal Circuit

          On November 16, 2021, the United States Court of Appeals for the Federal Circuit summarily affirmed the PTAB’s ruling that all challenged claims U.S. Patent 10,259,494, are unpatentable in a summary affirmance under Rule 36, effectively ending the longstanding assertion of those claims. In January 2021, the Board terminated IPR2020-00948, Unified Patents, LLC v. Arsus, LLC, in response to Arsus disclaiming all challenged claims. Arsus’s counsel filed a Motion to Vacate Judgment arguing that the Board was deprived of subject matter jurisdiction after Arsus’s disclaimer. The Board issued an order denying Arsus’s motion to vacate and affirming termination of the proceeding.

        • Does Patent Monetization Promote SSO Participation?

          We study the impact of Standard Setting Organization (SSO) intellectual property rights (IPR) policies on standardization and innovation. Specifically, we conduct a pair of event studies for two well known IPR policy revisions: a switch from Fair Reasonable and Non-Discriminatory (FRAND) to Royalty-Free licensing at the World Wide Web Consortium in 2003, and an update of the Institute of Electrical and Electronic Engineers (IEEE) Standards Association’s IPR policy in 2015. Overall, we find little evidence that these policy changes caused a decline in participation by patent licensors or reduced innovation in patent-intensive parts of either SSO. This pattern holds for both W3C and IEEE, across numerous measures of participation and innovation, and for a variety of different treatment and control group comparisons. We interpret these findings as evidence that any link between IPR policies, innovation, and SSO participation is much weaker than purely theoretical arguments to the contrary often suggest.

        • 1st Empirical Study on SSO IPR Policy Revisions Show W3C and IEEE Participation Not Affected

          In a new study by Boston University’s Timothy Simcoe and Qing Zhang from Charles River Associates, the pair researched the impact of changes to Standard Setting Organization (SSO) intellectual property rights (IPR) policies on participation, standardization, and innovation for two well-known IPR policy revisions: a 2003 World Wide Web Consortium (W3C) switch from Fair Reasonable and Non-Discriminatory (FRAND) to Royalty-Free licensing and a 2015 Institute of Electrical and Electronic Engineers (IEEE) IPR policy revision. The study found these changes resulted in little or no decline in participation or innovation in patent-intensive parts of either SSO. The results held for both the W3C and IEEE across numerous measures and “treatment” vs “control” group comparisons. These quantitative findings appear to rebut the theory that SSO participation and licensing policy are connected.

        • SynAct Pharma strengthens its patent portfolio for AP1189 following an Intention to Grant from the European Patent Office [Ed: Wait till SynAct realises many European Patents are fakes]

          SynAct Pharma AB (“SynAct”) today announced that the European Patent Office (EPO) has issued an Intention to Grant for the company’s European patent application covering AP1189 in methods of treating arthritic diseases.

          SynAct has received information that an Intention to Grant has been issued concerning its European patent application 20723141.6 (EP publication 3773558). The European patent, when granted, will provide protection until 2040 for the use of SynAct’s lead compound AP1189 in combination with methotrexate in methods of treating arthritic disease, including Rheumatoid Arthritis, as in the recently completed BEGIN study where AP1189 given in combination with methotrexate gave a significant reduction in disease activity. Importantly, the patent application among other also covers the use of combination treatment in other arthritic diseases, such as Psoriatic Arthritis and Ankylosing Spondylitis.

        • Hungary: Major amendments to the Patent Act from 1 January 2022

          On 17 November 2021, the Hungarian Parliament significantly amended Act XXXIII of 1995 on the Patent Protection of Inventions (“Patent Act”). The amendments will enter into force on 1 January 2022.

          The changes will amend and supplement the rules on the Bolar exemption, introduce revocation counterclaims in patent infringement suits and amend the rules on preliminary injunctions.

          To help you capitalize on these changes, we summarized them below.

        • Software Patents

          • [Older] How next-generation patent pools can encourage adoption of new streaming tech [Ed: IAM promotes extortion with software patents using a "smiley face"]

            Video codec licensing platforms must strive for balance and efficiency, argues Access Advance CEO Pete Moller, but fees on content distribution would prove counterproductive

          • How are software-related inventions treated in the EU and Japan? The JPO published an updated version of its 2018 comparative study [Ed: New and misleading terms for software patents where they openly admit that they grant these undesirable if not illegal patents]

            On the 12th of November, the JPO published an updated version of its earlier 2018 “Comparative Study on Computer Implemented/Software Related… [Links to this PDF]

          • EFF Argument in Patent Troll Case to Be Livestreamed on Monday

            At 10 am Monday, FOSS folks and others interested in software patent litigation will have a chance to have a firsthand look at how our courts address patent cases. The case involves a “notorious patent troll,” according to Electronic Frontiers Foundation, that is trying to hide information from Apple, which it’s suing.

            “At a federal appeals court hearing that will be livestreamed, attorney Alexandra H. Moss, Executive Director at Public Interest Patent Law Institute, who is assisting EFF in the case, will argue that a judge’s order to unseal all documents and preserve public access in the case of Uniloc USA, Inc. v. Apple Inc. should be upheld,” EFF said in a statement on Thursday. “Uniloc is entitled to resolve its patent dispute in publicly-funded courts, Moss will argue, but it’s not entitled to do so secretly.”

            EFF said that this is the second time the plaintiff, Uniloc, has appealed an order to be more transparent in this case.

          • Question Presented: Is Parker v. Flook Still Good Law? [Ed: Dying excuses for software patents in the US; software patents are promoted by Dennis Crouch because he's funded by a litigation firm that aggressively lobbies for them]

            Flook is a divide-and-conquer case that looks a lot like the Alice test itself. The claims were directed setting of “alarm limits” for a catalytic conversion process and the court identified the only novel feature to be a mathematical formula. The mathematical formula was an abstract idea, and thus offered no patentable weight. And, the remaining features were admittedly known in the art.

            Respondent’s process is unpatentable under § 101 not because it contains a mathematical algorithm as one component, but because, once that algorithm is assumed to be within the prior art, the application, considered as a whole, contains no patentable invention. Thus, the claim as a whole was ineligible. Although the court recognized that it had disected the claim into component parts, it also concluded that this approach still took the claim “as a whole:”

      • Trademarks

      • Copyrights

        • Adele, Spotify and the right of integrity

          A few days ago, Adele released her new studio album “30″. Following the news, a tweet went viral in which the singer called on streaming platform Spotify to disable the feature known as “shuffle” on her freshly released album. This feature allows users to listen to songs from an album, playlist or EP in an order not chosen by the user or the artist. The function is also mandatory for users who do not subscribe to the streaming service (on mobile devices). According to the artist, it should be removed to respect her artistic choices, which include choosing the order of songs within albums.

          Spotify subsequently disabled the shuffle button on all albums accessed through the music streaming platform. Adele commented, “We make our albums with so much care and consideration for a reason… our art tells a story and our stories should be heard the way we intend them to be. Thank you, Spotify, for listening”. To which Spotify’s official Twitter account responded, “Anything for you”.

          The message was met with the approval of the majority of the music community, which noted that each artist recognizes clear choices of creativity not only in the creative process of the individual song but also in the choice of the exact order in which they should appear on an album. While one could debate this topic from a non-legal standpoint (and perhaps we will return to it), one (unsolicited) question might be:

          What would have happened if Spotify had not agreed to remove the “shuffle” feature at Adele’s request and she had decided to take her reasons to the legal level? Also, is there a connection between this story and a possible infringement of the author’s moral rights? If so, to what extent? Is the album per se, conceived as a particular sequence of songs, a work that is the result of the author’s “free and creative choices” and thus deserving of the protection of the moral right of integrity? A cascade of questions.


          Thus, if moral rights can be understood as an extension of the author’s personality, and the negative effect on one’s own honour should be proven by concrete derogatory treatment, would Adele’s request be relevant from a copyright perspective?

          With the sacred (and thus truly inviolable) benefit of the doubt, it seems unlikely to find a connection between the impossibility of avoiding the Spotify’s “shuffle” feature and a violation of the reputation and honour of the artist.

Links 5/12/2021: Touchpad Gestures in XWayland

Posted in News Roundup at 11:06 am by Dr. Roy Schestowitz

  • GNU/Linux

    • Audiocasts/Shows

      • 178: Blender 3.0, EndeavourOS, CentOS Stream 9, Steam Deck, NixOS, CrossOver | This Week in Linux

        On this episode of This Week in Linux, a brief note about Linus Tech Tips reaction videos, Blender 3.0, EndeavourOS, CentOS Stream 9, NixOS 21.11, Open 3D Engine, Heroic Games Launcher, Steam Deck, Fedora, Fedora Linux, Red Hat, RHEL, Ventoy 1.0.62, CrossOver 21.1, SDL 2.0.18, Xen Project 4.16, Tesseract 5.0, and Neovim 0.6.0. All that and much more on Your Weekly Source for Linux GNews!

    • Kernel Space

      • Graphics Stack

        • XWayland Adds Support For Touchpad Gestures – Phoronix

          XWayland is increasingly great shape especially when it comes to fulfilling the needs of gamers with simply running games lacking native Wayland support with great speed. But when it comes to other use-cases there are occasionally gaps and areas not yet fulfilled by XWayland versus the conventional X.Org Server. One of the latest examples of a feature now correctly wired up is touchpad gesture handling.

          Should you be a fan of touchpad gestures, they should now be working under XWayland.

          Developer Povilas Kanapickas implemented support for touchpad gestures within the XWayland code that is now in the xserver Git tree. Povilas noted, “The implementation is relatively straightforward because both wayland and Xorg use libinput semantics for touchpad gestures.”

    • Applications

      • 19 Absolute Simple Things About Linux Terminal Every Ubuntu User Should Know

        Terminal often intimidates new users. However, once you get to know it, you gradually start liking it. Well, that happens with most Linux users.

        Even if you are using Ubuntu as a desktop system, you may have to enter the terminal at times. New users are often clueless about many things. Some knowledge of basic Linux commands always helps in such cases but this article is not about that.

        This article focuses on explaining small, basic and often ignored things about using the terminal. This should help new Ubuntu desktop users to know the terminal and use it with slightly more efficiency.

      • Best Free and Open Source Alternatives to Autodesk Sketchbook

        Autodesk, Inc. is an American multinational software company that makes software products and services for the architecture, engineering, construction, product design, manufacturing, media, education, and entertainment industries. It bills itself as a “… leader in 3D design, engineering and entertainment software”.

        The company was founded in 1982 by John Walker, who was a joint developer of the first versions of AutoCAD, the company’s best known software application. Autodesk is listed on the Nasdaq stock exchange, it has over 11,000 employees, and is headquartered in the San Francisco Bay Area.

        While Autodesk develops many high quality applications they are proprietary software. And the vast majority of their products are not available for Linux. This series looks at the best free and open source alternatives.

      • Give your Terminal a Retro Look Using this Neat Application

        Want to give your Terminal a retro look? This guide contains instructions to help you to install Cool Retro Terminal application in all Linux distributions.

    • Instructionals/Technical

      • How To Install Apache Hadoop on Debian 11 – idroot

        In this tutorial, we will show you how to install Apache Hadoop on Debian 11. For those of you who didn’t know, Apache Hadoop is an open-source, Java-based software platform that manages data processing and storage for big data applications. It is designed to scale up from single servers to thousands of machines, each offering local computation and storage.

        This article assumes you have at least basic knowledge of Linux, know how to use the shell, and most importantly, you host your site on your own VPS. The installation is quite simple and assumes you are running in the root account, if not you may need to add ‘sudo‘ to the commands to get root privileges. I will show you through the step-by-step installation of the Apache Hadoop on a Debian 11 (Bullseye).

      • What To Do After Installing Parabola KDE and GNOME System

        This is our recommended stuffs for you after finished Parabola GNU/Linux installation with either GNOME or KDE Desktop. Let’s start it!

      • Install opensource CyberPanel on Almalinux | Rocky linux 8

        Looking for a free and open-source web hosting control panel? Then try out CyberPanel on AlmaLinux or Rocky Linux 8. It is a free alternative to the popular WHM Cpanel that comes with an OpenLiteSpeed Web server to provide the best possible performance.

        CyberPanel has a web-based, graphical, and user interactive Dashboard, from where we can access Users, Vhost Templates; multiple PHP Versions; MySQL Database, and more.

        It also offers a CLI tool that commands can be used on the Server terminal to perform various useful operations such as creating users, resetting permissions, and other tasks.

      • How to set up an SFTP server on Debian 11 Server – Citizix

        In this guide we are going to set up an sftp server on an Debian 11. We will also set up a form of chroot where users can only access sftp with the shared credentials.

        The File Transfer Protocol is a standard communication protocol used for the transfer of computer files from a server to a client on a computer network.

        FTP isn’t popular today because it Lacks Security. When a file is sent using this protocol, the data, username, and password are all shared in plain text, which means a hacker can access this information with little to no effort. For data to be secure, you need to use an upgraded version of FTP like SFTP.

      • How to work with SFTP client in Linux – 10 sftp commands

        In this guide, we will learn how to do basic operations on an sftp server.

        The File Transfer Protocol is a standard communication protocol used for the transfer of computer files from a server to a client on a computer network.

        FTP isn’t popular today because it Lacks Security. When a file is sent using this protocol, the data, username, and password are all shared in plain text, which means a hacker can access this information with little to no effort. For data to be secure, you need to use an upgraded version of FTP like SFTP.

      • Raspberry PI Pico Ethernet Port: adding the WIZNET Ethernet HAT

        Raspberry PI Pico works greatly to keep sensors measurements, combining/analyzing them and delivering data to external world. Adding an Etherneth port to Raspberry PI Pico with the WIZnet Ethernet HAT (based on W5100S chip) add a networking layer to improve communications

    • Games

    • Distributions

    • Free, Libre, and Open Source Software

      • Open source mind mapping with Draw.io

        There’s something special about maps. I remember opening the front book cover of JRR Tolkien’s The Hobbit when I was younger, staring at the hand-drawn map of Middle Earth, and feeling the wealth of possibility contained in the simple drawing. Aside from their obvious purpose of actually describing where things are in relation to other things, I think maps do a great job of expressing potential. You could step outside and take the road this way or that way, and if you do, just think of all the new and exciting things you’ll be able to see.

      • Programming/Development

  • Leftovers

    • Health/Nutrition/Agriculture

    • Integrity/Availability

      • Proprietary

        • Security

          • x86 Straight-Line Speculation Mitigation Patches Updated For Linux – Phoronix

            A year after Arm processors began mitigating straight-line speculation, Linux developers have been working on similar straight-line speculation mitigations for x86/x86_64 processors.

            The past few months we have been seeing Linux kernel and GCC and LLVM/Clang patches around straight-line speculation mitigation for Intel / AMD processors. The issue at hand is over processors speculatively executing instructions linearly in memory past an unconditional change in control flow.

    • Defence/Aggression

    • Environment

      • Energy

        • Republicans Blame Biden’s Modest Climate Agenda for Gas Prices. They’re Wrong.
        • Opinion | Renewable Wind Energy Can Help Save the Planet and the Ocean’s Marine Life

          Winds rarely break into the news except when they disrupt daily life. But many sports—including all boating, most hunting, archery, surfing, casting—keep us mindful of wind. Here in San Francisco, two of the most thrilling sports depend on ocean wind. From the cliffs of Fort Funston, hang gliders use the coming wind to rise as they launch over the Pacific. Homeward bound after fishing the Pacific, our party boat is usually intercepted near the Golden Gate Bridge by a kiteboard, whose rider has one arm steering his kite, flying high above and buffeted there by that potent incoming wind, while the other arm works a line steering his board. He rides our turbulent wake, zigzagging madly because his wind-driven speed is faster than our boat’s.

    • Finance

    • AstroTurf/Lobbying/Politics

      • Opinion | With the Failure of Politics, People Are Waking Up to the Realization That They Have a World to Win

        Last month’s COP26 climate summit at Glasgow ended as a complete flop. While some have hailed as success the mere inclusion of the phrase “unabated coal should be phased down” in the final agreement, the fact of the matter is that the transition from fossil fuels to clean energy remains a distant dream. It should also be obvious to all that the climate deal reached at COP26 in no way prevents planetary temperature from crossing the 1.5 degrees Celsius threshold.

    • Civil Rights/Policing

      • If MLB Thought Its Website Shananigans Would Intimidate MLB Players, That Plan Has Backfired

        We had just discussed some actions Major League Baseball has taken on its MLB.com website which is either fallout from the labor lockout currently going on or MLB playing leverage games with players, depending on your perspective. Essentially, MLB scrubbed most of its website, particularly on the home and “news” pages, of references to any current players. Instead, those pages are full of stories about retired players, candidates for the Hall of Fame, and that sort of thing. In the tabs for the current rosters, the site still has all of the names of players listed, but has replaced each and every player headshot with a stock image of a silhouette. MLB says it was doing this to ensure that no player “likenesses or images” are considered in use for commerce or advertising… but that doesn’t make much sense. The names are still there and this specific section is a factual representation of current team rosters.

      • ‘Congress Must Act’: Bernie Sanders Demands End of Filibuster to Codify Abortion Rights

        Sen. Bernie Sanders on Saturday called it unacceptable to sit back and watch the U.S. Supreme Court possibly end the right of women to access abortion care and said his colleagues in the Senate should act urgently to end the filibuster and codify into federal law the protections afforded by Roe v. Wade—the historic ruling now under the most severe threat since it was first decided in 1973.

        “When it comes to telling every woman in America what she can or cannot do with her own body, about whether or not she can access reproductive health care, now all of a sudden my Republican colleagues are exponents of very big and oppressive government… What hypocrisy!”

      • Major Union Passes Historic Reform for Democracy Years After Corruption Scandal
      • Opinion | Building the Global Movement

        Does the process of constitution-making matter more than the particularities of constitutional design? Recently published research by a growing range of social scientists and legal scholars indicates yes. For instance, in their book Constituents Before Assembly, Todd Eisenstadt, A. Carl LeVan, and Tofigh Maboudi provide their findings from a sweeping empirical analysis of the effects of popular participation in constitutionalization. The takeaway? As noted in my Law & Society Review review, “participatory constitution-making…has a lasting and systematic effect on subsequent democratization.”

      • Human Rights Defenders Warn Biden Border Policy ‘Quickly Transforming Into Trump 2.0′

        Human rights champions decried a Friday announcement by the U.S. Centers for Disease Control and Prevention that it was extending what critical experts call the wholly misguided Title 42 border program that allows officials to exploit public health fears as a way to block lawful and protected efforts by asylum-seekers to seek refuge in the United States.

        “Instead of guaranteeing protection and care to asylum seekers, as the U.S. is legally obligated to do, the Biden administration is actively choosing to use cruelty to supposedly ‘deter’ those who had no choice in fleeing for their lives.”

    • Monopolies

      • FOSS Patents: Apple will most likely get Epic’s injunction stayed and reasonably disputes independence of Coalition for App Fairness, but should apply same standard to ACT | The App(le) Association’s astroturfing [Ed: Florian Müller takes note of “The App(le) Association’s astroturfing”; it’s actually a Microsoft front group]

        Theoretically, the district court’s injunction is scheduled to enter into force on December 9 (next week’s Thursday), but I strongly doubt that it’s going to happen then.

        I still hope Epic will succeed with its appeal of the district court’s flat rejection of Epic’s federal antitrust claims against Apple, though the odds are against Epic now, primarily because of the high hurdles for private antitrust litigation in the United States (prior to the kind of reform that Capitol Hill lawmakers are working on) and secondarily because Epic missed out on certain opportunities (such as to convince the trial court that so-called Progressive Web Apps are not a viable alternative to native apps for a mix oftechnical, commercial, and legal considerations). But my personal hopes for loosening Apple’s ironclad grip on the iOS app market are one thing, and the fundamental flaws of the California Unfair Competition law (UCL) injunction the district court awarded Epic as a consolation prize are another. Also, the end of opening up the iOS app market doesn’t justify the means of trolling Apple with foreseeably aggressive contempt motions should the injunction get enforced (which in turn would place an unnecessary burden on the federal judiciary).

        In procedural terms, the first question for the West Coast appeals court to decide on Apple’s request for an administrative stay or whether to proceed directly to the adjudication of the motion, which would also be possible pretty quickly as Apple handily satisfies the criteria for a stay. I call an administrative stay a “micro-stay”: it’s a stay for the purpose of preserving the status quo while the court is weighing, for a few more days or weeks, the motion and deciding on whether to grant a stay for the entire duration of the appellate proceedings.

      • Nurses file UN complaint against EU, other countries over TRIPS

        Nursing unions from 28 countries and territories representing over 2.5 million health workers have filed a complaint to the Office of the High Commissioner for Human Rights, accusing a number of high-income countries that have opposed a temporary TRIPS waiver at the World Trade Organization of a rights violation.


        The appeal was made for WTO’s ministerial meetings this week, which was postponed after the detection of a new COVID-19 variant named Omicron last week that led to travel bans.

        James Schneider, communications director of Progressive International, however, said that the postponement of the WTO meeting and the detection of a new COVID-19 variant only strengthens the case made by nurses.

        “The longer the whole world isn’t vaccinated, the more chance the virus has to mutate, costing untold numbers of lives to inflate the already engorged super profits of a few pharma companies,” he said.

        WHO estimates between 80,000 and 180,000 health workers could have died from COVID-19 from January 2020 to May 2021.

      • Perrina’s varietal clementine innovation could be a solution in response to climate change [Ed: Bad idea: patents on plants, using greenwashing excuses for the monopolies]

        Formerly registered in the National Register of Varieties of Fruit Plants and Rootstocks under the name of Clementine Sanzo, it is now in the process of filing for a European patent at the CPVO (Community Plant Variety Office), under the name of Clementine Perrina, after the breeder’s surname. (Application for Community Plant Variety Rights N° 2020/1687).

        In this altered climatic environment, the variety of Common clementine, which is still the most widespread in Italy, is showing increasing quality problems, with a progressive reduction of the calendar and therefore a commercial period significantly reduced over the past decade (the same is happening in Spain with the variety Clemenules).

      • Patents

        • Hymmen wins digital printing patent infringement litigation against Barberán | Woodworking Network

          Hymmen Germany, a global digital printing systems provider, announced Nov. 25 that it had won a digital printing patent infringement litigation against Barberán S.A.

          The Court of Düsseldorf, Germany, found Hymmen’s digital printing patent (EP2313281) to be infringed by Barberán. Prior to this decision, the European Patent Office had also confirmed the validity of the patent during opposition proceedings, the company says.

        • Hymmen Wins Patent Infringement Case [Ed: “European Patent Office had also confirmed the validity of the patent during opposition proceedings,” but these tribunals are grotesquely rigged and unconstitutional]

          Bielefeld, Germany, November 29, 2021-Hymmen, a global digital printing systems provider, has won a digital printing patent infringement litigation against Barberán S.A..

          The Court of Düsseldorf, Germany, found Hymmen’s digital printing patent EP2313281 (DE) to be infringed by Barberán. Prior to this decision, the European Patent Office had also confirmed the validity of the patent during opposition proceedings.

        • Warning that Ireland could miss out on patent court [Ed: This ongoing Team UPC propaganda in Ireland begs you to believe that the UPC is legal and tenable; it’s not, due to Brexit and many other key factors. Fake news has become the ‘norm’.]

          Business group IBEC has called on the Government to publish a timetable for ratifying an agreement setting up a Unified Patent Court (UPC).

          The organisation said that Austria’s recent ratification of the deal had cleared the way for the court to start work in 2022 – with or without Ireland.

          Aidan Sweeney (IBEC’s senior public-sector and regulatory executive) said that “prompt action” was now needed.

        • [Older] Ford is latest auto major to be hit with patent claims by Avanci member [Ed: Europe has already become a breeding ground for patent trolls]

          Auto licensing litigation hits Detroit as Ford faces infringement claims from an NPE member of the Avanci pool

        • JUVE’s survey respondents favour German and French Judges for the UPC bench and Paris to replace the third central division previously held by London [Ed: Team UPC now uses JUVE as its propaganda mill; UPC isn’t possible, so they craft bogus ‘news’ with false assumptions]

          Quality of judges and their case management skills undoubtedly hold the key to UPC’s success, and so their appointments will be closely watched by interested businesses. JUVE has reported that the Preparatory Committee has confirmed that there will appoint around 95 legal and technical judges. This can happen when one more participating state ratifies and deposits the PAP Protocol (protocol on the provisional application) – which looks likely very soon.

        • Draft amendment of Spanish Patent Act aimed at admitting the protection of pharmaceutical substances and compositions via utility models

          After four years of experience with Spanish Act 24/2015, of 24 July, on Patents (the “new Patent Act”), which came into force on 1 April 2017, the time seems ripe now to update some aspects of the Act that could be further improved. In this vein, earlier this year the Spanish Patent and Trademark Office (“SPTO”) published a draft text of amendments that, among other improvements, admits the protection of pharmaceutical substances and compositions via utility models.

          The text of Article 137.2 of the new Patent Act, currently in force, explicitly excludes pharmaceutical substances and compositions from protection via utility models.

        • Patented Tobacco Harm Reduction: Is It Only for the Developed World?

          Although a silent technological revolution is currently taking place in the tobacco industry, there is no publicly available data on patents that read on tobacco harm-reduction technologies. We recently conducted a patent analysis and found that, in the developing world, there are only few patents filed relating to tobacco harm reduction. This stands in stark contrast to the rigorous intellectual property (IP) enforcement strategy pursued in developed nations. Technologies that reduce the adverse effects of smoking may be an important asset to public health and it may be reasonable—and just—to make these technologies available to consumers in developing and developed countries alike. There should be further discussion to explore how this could be achieved.


          The key patent owners for the new harm-reduction technologies are large tobacco companies, including British American Tobacco Plc, Philip Morris International Inc, Imperial Brands Plc, and China National Tobacco Corporation. Quite a few of these patents are held through their subsidiaries, such as Nicoventures (British American Tobacco) and Nerudia (Imperial Brands).

          Tobacco harm-reduction patents fall into three broad categories: nicotine vaping technologies, heated tobacco technologies, and smokeless tobacco technologies. A total of about 74,000 patents were filed in the last ten years for these technologies.

        • Palisade Bio Announces the European Patent Office to Grant a Patent for its Lead Drug Candidate LB1148, Providing Protection Through 2035

          Palisade Bio, Inc. (NASDAQ: PALI), a late-stage biopharmaceutical company advancing therapies for acute and chronic gastrointestinal (GI) complications, today announced that the company will be granted a patent from the European Patent Office (EPO) covering its lead investigational drug product, LB1148. The patent will publish on December 22, 2021, and provide protection until 2035.

          “With the European patent grant, this greatly strengthens the IP protection of our lead drug candidate LB1148 for the global pharmaceutical market. This grant builds upon the corresponding patents in the United States, China, Australia, Japan, India, Mexico, and Taiwan,” said Thomas Hallam, Ph.D., CEO of Palisade Bio. “We are continuing to strengthen patent protections for LB1148 and its uses across the globe as we advance our clinical studies with LB1148.”

        • Palisade Bio Announces the European Patent Office to Grant a Patent for its Lead Drug Candidate LB1148, Providing Protection Through 2035
        • Considerations for Innovators When Navigating Patent Eligibility on the International Stage [Ed: Monopolisers (and sometimes trolls), not innovators]

          Finnegan attorneys Paul Browning, Christopher Johns, Sara Leiman, and Yelena Morozova explain some of the differences between patent-eligibility standards in the U.S. and those in other parts of the world.

          Ever year patentees file more patent applications in a wider range of countries. Since the Patent Cooperation Treaty (PCT) came into force in 1978, nearly four million PCT applications have been filed to enable patentees to obtain international protection for their inventions — and more than half of these PCT applications were filed in the last ten years.1A broad patent portfolio is of increasing importance to large and small companies in a variety of fields.

          Yet, prosecuting patents in different countries can be challenging. Each country has its own laws for pursuing patent applications and achieving enforceable patents. And while treaties and other agreements (like the Paris Convention and the PCT) lay a foundation for many countries’ patent systems, local patent law varies widely on the issue of patent eligibility.

        • Cantargia reports opposition against recently granted European patent [Ed: Far too many fake patents from the EPO these days, including on cancer]

          Cantargia AB reported today that oppositions have been filed against one of Cantargia’s European patents, EP3293202. This patent provides a broad protection for IL1RAP-targeting antibodies with similar properties as nadunolimab. Cantargia holds a large number of granted patents related to IL1RAP-targeting therapies. The oppositions have no formal impact on Cantargia’s other patents, including those specifically covering nadunolimab.

          Cantargia has extensive patent protection for IL1RAP-targeting antibodies, through over 100 granted patents globally including therapy and diagnostics of cancer. Cantargia’s patent families also include patents, granted in key commercial territories such as the US, Europe, Japan and China, related to treatment of leukemias and solid tumors.

        • Practitioner insights [Ed: EPO grants tons of fake patents]

          The sudden surge in ex parte re-examinations at the USPTO over the last year is a sure sign that there is value to be had for those who stay well informed. As the PTAB has issued more discretionary denials of inter partes reviews, increasing numbers of patent challengers have turned to these pre-America Invents Act tools, and for good reason. As Jeffrey Townes and Hongling Zou point out, these procedures offer significant advantages, particularly with regard to speed, cost and the prospect of anonymity.


          Finally, turning to the EPO, Tony Afram and Gianluca Tarasconi from ipQuants present a compelling data-driven argument that some of the world’s biggest and most well-resourced patent owners are missing out on vital strategic opportunities in the crucial European market. Their deep dive into opposition activity at the EPO provides plenty of food for thought for the many in-house executives making the continent a bigger part of their global patent strategies.

        • German DABUS ruling could plot road to AI inventorship [Ed: Mouthpieces of patent extremists or their paid-for propaganda mill still lobbying Germany to allow patents for bots. What next? Patents for pets? When "Managing IP" says "sources" it means sponsors]

          A decision from the Federal Patent Court could be the most pragmatic solution to emerge from the debate so far, sources say

        • A new way of understanding the high but elusive worth of intellectual property [Ed: Oligarchs-run paper promotes the lie that patents are "properly"]

          Pare the list to those that are both sensible and in force legally, meaning a fee is paid to a patent office to keep them alive, and there are 16m patents that count. Last year, 1.6m were granted.

          Most are the property of companies, but balance-sheets and conventional accounting are ill-suited to capturing their worth. Using acquisition cost, then depreciating it, does not work. Instead, lawyers provide subjective numbers based on factors such as a patent’s likely validity, royalties and litigation history. Many firms reckon it is not worth paying the tens of thousands of dollars that it costs for a valuation.

        • Is the PTAB Unconstitutionally Biased? [Ed: Patent extremists who profit from frivolous litigation with fake patents cannot stop bashing those who look to remove invalid patents]

          In Mobility Workx, LLC v. Unified Patents, LLC, (Fed. Cir. 2021), the Federal Circuit Court of Appeals addressed challenges to the constitutionality of the structure of the Patent and Trademark Office’s Patent Trial and Appeal Board.

          Mobility owned a patent for a wireless communication system. Mobility sued T-Mobile and Verizon Wireless for patent infringement in the Eastern District of Texas in 2017. A group of patent challengers, Unified Patents, filed a petition for inter partes review (IPR) in 2018, seeking to invalidate the patent’s claims on obviousness grounds. In 2019, the PTAB issued a decision that certain claims were invalid as obvious. Mobility appealed to the Federal Circuit.

          On appeal, Mobility argued that the PTAB’s structure is unconstitutional as violative of due process because the PTAB is biased against patent owners. Mobility contended that: (1) the PTAB members have a vested interest in instituting IPRs and other AIA proceedings to raise money for the Board and to ensure their jobs security; and (2) the individual PTAB judges have a financial interest in instituting IPRs and other AIA proceedings to obtain bonuses in their compensation.

        • Disclaiming Patent Claims Leads PTAB to Grant a Request for Adverse Judgment

          In Arsus, LLC v. Unified Patents, LLC, (Fed. Cir. Nov. 16, 2021), the Federal Circuit affirmed, through a Rule 36 judgment, the PTAB’s ruling granting a Request for Adverse Judgment After Institution of Trial.

          Arsus initially sued Tesla Motors, Inc. for patent infringement in the Northern District of California asserting U.S. Patent No. 10,259,494. The ’494 patent is directed to a “rollover prevention apparatus.” The patent describes an “adaptive steering range limiting device,” which “prevents the steering wheel of the vehicle from being turned beyond the threshold of vehicle rollover, but otherwise does not restrict the rotational range of motion of the steering wheel of the vehicle.”

          Unified Patents filed for inter partes review, challenging Arsus’ claims as being unpatentable under 35 U.S.C. § 103. Arsus then filed for statutory disclaimer of all challenged claims with the USPTO under 37 C.F.R. 1.321(a), and subsequently filed a Motion to Dismiss with the Board. In doing so, Arsus argued that because all of the claims at issue were disclaimed, there was no longer any case or controversy, and thus the Board had no jurisdiction to do anything other than to dismiss the IPR. However, the Board construed Arsus’s disclaimer as a Request for Adverse Judgment under 37 C.F.R. § 42.73(b), and terminated the IPR in favor of Unified Patents.

        • [Older] Statement of working: is it working? [Ed: Recognition that patents harm COVID response]

          The amendments implemented by the Patent Office are definitely a step in the right direction, as they go a long way to reducing the burden on patentees managing large patent portfolios and dealing with a large number of licensees and sub-licensees. The changes are consistent with India’s current policy of improving the ease of doing business and should lead to an increase in compliance with statement of working requirements in India.

          Having said that, some concerns remain. For instance, confidentiality concerns regarding the information being published by the Patent Office continue unabated. There have been instances where patentees have been forced to re-negotiate their licence agreements with some licensees, as the revenue generated by the other co-licensees fell in the public domain.

          Patentees engaging with a large number of licensees or sub-licensees might find it cumbersome to ensure compliance with the requirement, as besides the patentee, every licensee and sub-licensee must now individually submit a statement of working before the Patent Office.

          Above all, the larger question worth pondering is whether such a provision is even required today, considering India has come a long way from the “under-developed nation” it was described as in the Ayanggar Committee Report 1959. India is now the world’s fifth largest economy, often referred to as the ‘pharmacy of the world’.

          Moreover, it is clear from the Ayanggar Committee Report that such a provision may have been important at the time due to lack of alternative resources for obtaining relevant information, but today, when it has become more difficult to hide information rather than obtain it, a number of resources are available to determine whether a patent is being worked in India and whether the requirement of the public at large is being met.

          Meanwhile, patentees are well advised to ensure compliance with the requirements of the law as it stands. It is worthwhile revisiting strategies for complying with this requirement as the information being provided by them is not only being used to determine the extent of the working of an invention but for other aspects as well. So, until there is further change, all steps should be taken to comply with the working requirement.

        • Pinsent Masons appoints fourth partner in Amsterdam with life sciences patent specialist [Ed: This spammy press release is treated by Google News like a "news site" (Out-Law.com) and JUVE relayed the SPAM, making it seem like a hiring of one person is "news" (see item below)]

          Multinational law firm Pinsent Masons has recruited partner András Kupecz to its European life sciences team, further bolstering its Netherlands-based technology, science and industry capabilities.

        • Pinsent Masons appoints second patent partner in Amsterdam [Ed: Amy Sandys has just given an excellent new example of JUVE posting pure spam, or pretence that a firm hiring one person is some major news (it's not even a high-level worker)]

          András Kupecz, who has joined the patent team of Pinsent Masons as its second patent partner, is qualified as a lawyer, and a Dutch and European patent attorney. This makes him one of the few lawyers in the Dutch market who is both dual-qualified and specialised in patent litigation.

        • Heckler & Koch successful against C.G. Haenel over assault rifle patent [Ed: JUVE is not doing any journalism anymore; it’s wording its articles like nothing but advertisements for litigation firms (which is what the site is all about these days)]

          Düsseldorf Regional Court has ruled that C.G. Haenel’s CR 223 assault rifle infringes a patent held by competitor Heckler & Koch. Specifically, the rifle manufacturer enforced European patent EP 20 18 508 B1, which protects a type of rifle-locking system. The dispute concerns the openings for rapid water drainage from the gun.

        • M&C Reacts: EPO stays examination and oppositions where “plausibility” is in issue [Ed: This Enlarged Board of Appeal which Marks & Clerk speaks of is criminally rigged, but they don’t want to tell their clients that; they profit from the abuse]

          Following the referral to the Enlarged Board of Appeal, which we reacted to here, the EPO has now announced that it will stay, with immediate effect, “all examination and opposition proceedings before the EPO in which the decision depends entirely on the outcome of the referral”. The stay will be lifted as soon as possible after the Enlarged Board of Appeal has issued its decision.

          If the EPO decides that proceedings are to be stayed, the EPO will inform the parties, withdraw any communications setting time limits requiring a reaction, and set no further time limits until the stay is lifted.

          According to the EPO’s notice, this decision will affect patent applications and patents in which the assessment of inventive step is exclusively based on evidence, such as experimental data, which was not publicly available before the filing date of the application and which was filed after that date.

          What this means for applicants, patent owners and opponents is, so far, unclear. Consideration of plausibility and post-published data is relatively common at the EPO, particularly in cases in the chemical and life sciences. It is not yet clear in how many of these cases the assessment of inventive step can be said to rest exclusively on post-published evidence. How broadly the EPO applies this stay will become apparent in the coming weeks and months as they start to notify the affected parties.

        • New requirements affecting EPO applicants claiming priority from Chinese, Korean & US patent applications [Ed: Isn't is incredible that this convicted corrupt firm, Marks & Clerk, finds plenty of time for EPO puff pieces and never writes about the EPO's crimes, including the rigging of the legal process itself?]

          Where priority is claimed from an earlier application, the EPO requires a certified copy of the earlier application (priority document). Currently, where the priority document is an earlier Chinese, Korean, or United States patent application, the EPO includes a certified copy of the priority document in the file automatically and free of charge.

          Following a recent decision of the EPO, from 1 January 2022, the EPO will no longer automatically include certified copies of earlier Chinese, Korean, or US patent applications in the file free of charge. Instead, applicants claiming priority from earlier Chinese, Korean, or US patent applications will be required to take positive action to support their priority claim. Applicants may use the WIPO’s DAS system by supplying the DAS access code, or file a certified copy of the priority document issued by the Chinese, Korean, or United States patent office.

        • Opinion | From AIDS to Omicron, Pharmaceutical Apartheid Hurts Us All
        • Software Patents

          • Intellectual Ventures patent challenged [Ed: Microsoft’s patent troll attacking Linux with patents]

            On November 29, 2021, Unified filed a petition for inter partes review (IPR) against U.S. Patent 8,271,980, owned by III Holdings 12, LLC, an NPE and Intellectual Ventures entity. The ’980 patent is generally directed to managing jobs in a multi-node computing environment. The ‘980 patent is purportedly related to open source container orchestration systems for automating computer applications, such as Kubernetes.

          • BCS Software patent invalidated [Ed: Although we lose a few battles here and there, overall we're winning the war against software patents because we win the argument]

            On November 26, 2021, the USPTO issued a notice of intent to issue a reexamination certificate, cancelling all claims of U.S. Patent 7,302,612, owned by BCS Software LLC. The ’612 patent relates to a high-level operational support framework for monitoring, assessing, and managing the health of applications (or components/objects) in a distributed computing environment. The ‘612 patent has been asserted against Hewlett Packard, Elster Solutions (Honeywell), Landis+Gyr, and Itron. The final office action was issued approximately 7 months from when the reexamination was ordered.

          • $2,000 for Wepay Global Payment prior art — Unified Patents

            On November 29, 2021, Unified Patents added a new PATROLL contest, with a $2,000 cash prize, seeking prior art on U.S. Design Patent D930702. The design patent is owned by Wepay Global Payment, LLC, an NPE and William Grecia entity. The patent describes the ornamental design for a display screen portion with animated graphical user interface. It is currently being asserted against Samsung, PayPal, and PNC Bank.

          • ETRI reexamination request granted — Unified Patents

            On November 30, 2021, less than one month after Unified filed an ex parte reexamination, the USPTO granted Unified’s request, finding substantial new questions of patentability on the challenged claims of U.S. Patent 10,244,252, owned by the Electronics and Telecommunications Research Institute (ETRI), as part of Unified’s ongoing efforts in its SEP Video Codec Zone. The ‘252 patent is part of the HEVC Advance Patent Pool, as well as SISVEL’s AV1 patent pool.

      • Trademarks

        • Exclusive: EUIPO BoA to expand mediation services [Ed: Max Walters has just done this puff piece about the EUIPO’s Boards of Appeal, which has been hijacked by the same corrupt cabal which killed the EPO]

          The EUIPO’s Boards of Appeal commits to establishing a mediation centre and offering alternative dispute resolution to all parties

        • A Tale of Two Ports? GC holds PORTWO GIN to be an exploitation of PDO

          On 31 January 2017, Joaquim Jósé Esteves Lopes Granja (“Granja”) applied to register PORTWO GIN as an EU trade mark for “Spirits [beverages]”. The application was published for opposition on 6 February 2017. On 19 April 2017, Instituto dos Vinhos do Douro e do Porto (“Instituto”) filed an opposition against Granja’s application, submitting that it infringed the PDOs ‘Porto’ and ‘Port’ in the territory of Portugal.

          At first instance, the EUIPO’s Opposition Division rejected the opposition in its entirety. It held that the opposition was not well founded under Article 8(6) of Regulation No. 2017/1001 (which the GC later said must be understood to refer to Article 8(4a) of Regulation No. 207/2009 due to the date of filing of the application).

          Instituto filed an appeal, which was upheld by the BoA. The BoA held that:

          (1) the PDO ‘Porto’ enjoyed a reputation within the meaning of Article 103(2)(a)(ii) of Regulation No. 1308/2013; (2) ‘use’ required that the mark applied for made use of the PDO, either in the form as registered or in a form so close that it was indissociable; (3) PORTWO GIN and ‘Porto’ were very similar; (4) the relevant consumer would likely associate the mark applied for with ‘Porto’; (5) use of PORTWO GIN was likely to affect consumers’ preferences by inducing them to believe that Granja’s spirits complied with the strict requirements and quality standards of the PDO; and (6) PORTWO GIN made direct use of ‘Porto’ and its use for the goods at issue was likely to exploit its reputation.

          Accordingly, the BoA annulled the decision of the Opposition Division and rejected the application for PORTWO GIN in its entirety. Granja then appealed to the GC.


          The essence of this case distils down to the meaning of “use” and provides further clarity on the operation of PDOs in an opposition context.

          It is interesting that the GC held that the image and qualities of ‘Porto’ could transfer to gin. This emphasises that, as the GC detailed in its decision, the courts are generally willing to give PDOs a wide scope of protection, to protect the interests “not only of consumers but also of producers who have made concerted efforts to guarantee the qualities expected of goods displaying such PDO or PGI legitimately” (paragraph 37).

          Picture on the upper right is by Ceri Knott, who has granted right of reproduction.

        • Exclusive: Lawyer that took on Banksy joins Brandsmiths [Ed: Lawyers versus the population, or those who serve to suppress the message of the 'peasantry']

          Attorney Aaron Wood, who successfully secured the revocation of several Banksy-owned trademarks, will start work on December 1

        • Genus-Species in Trademark Law Usage [Ed: "This is a trademark case." But Dennis Crouch has filed it under "Patent" only. Maybe these lecturers cannot tell the difference or simply pretend that those are the same thing.]

          This is a trademark case. Dollar Financial holds registered trademarks for MONEY MART – the name it uses for its payday and title loan venders as well as pawn shops and pawn brokerages. The company had been using the name for several years in the payday loan business, and in 2012 expanded into pawn shops and then filed for registration for that usage in 2013. The USPTO then granted the registrations associated with the new uses.

      • Copyrights

        • Copyright (Rights and Remuneration of Musicians, Etc.) Bill debated in UK Parliament

          As previously discussed, the Copyright (Rights and Remuneration of Musicians, Etc.) Bill proposed new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. The Bill was debated in the UK Parliament on Friday 3rd December. Here’s what happened [aside from a whole load of completely unnecessary and tedious oversharing from several MPs about their life stories, or having once looked at a musical instrument *eye roll*].


          Seema Malhotra MP reiterated that the Bill was about addressing imbalances in power since, as she said, most streaming income ends up in the pockets of major corporations and digital giants. She argued that the current system is unfair and therefore copyright needs to be updated to address this, stating that “it is the duty of this house to challenge and keep copyright up to date… to modernise the law so it reflects the reality of the music industry.” She concluded that the “reforms to copyright law will create a fairer system for musicians and for new talent to be paid fairly. Legislation is needed urgently.”

          While there was largely a consensus on the existence of the issues highlighted by the Inquiry, in the debate, disagreement arose as to whether the provisions of the Bill were able to provide solutions to those issues. John Whittingdale MP, whose son works for a major record label, largely echoed the rhetoric of the BPI and AIM, who had released statements of concern around the impact of the Bill on the business models of the record labels that they represent. The words ‘unintended consequences’ were uttered several times in relation to the labels having to share streaming revenue, or indeed information and rights, with the performers and artists. This seems rather peculiar, since the goal of the Bill was, in fact, exactly that; to rebalance the inequity in power and more fairly distribute the wealth from streaming.

        • PropellerAds Rebuts MPA’s ‘Libelous’ Piracy Allegations

          PropellerAds has hit back at the MPA after the Hollywood-backed group nominated the business as a “notorious market” that facilitates piracy. The advertising company characterizes the report as factually wrong and libelous. The company further reminds the US Government that Hollywood also framed the VCR as an illegal technology years ago.

Society Needs to Take Back Computing, Data, and Networks

Posted in Free/Libre Software, Site News at 10:30 am by Dr. Roy Schestowitz

Gemini media types: historic

Gemini resource media types
Source of charts (based upon data from Lupa)

Summary: Why GemText needs to become ‘the new HTML’ (but remain very simple) in order for cyberspace to be taken away from state-connected and military-funded corporations that spy on people and abuse society at large

THIS weekend we’ve migrated a bunch of things to GemText, described by Wikipedia as “a special document format [...] that allows linking to other document” (hyperlinks, but without HTML).

The charts above, generated today, make it clear that in Gemini space the adoption of GemText has been reasonably OK but not perfect. Many GemText pages are in effect just plain text with no additional bits such as active links and headlines/headings. We need to improve that.

At the moment all the EPO articles are available as GemText and the same goes for Wiki pages (e.g. here for Benoît Battistelli and here for António Campinos). Those are all self-hosted, hence difficult to censor (there are complete copies in IPFS as well).

“Many GemText pages are in effect just plain text with no additional bits such as active links and headlines/headings.”We’re about to publish some suppressed information, so the topology does matter. Over the years we’ve received many threats, both directly and indirectly, and these are easier to defuse when the infrastructure is done right.

As discussed earlier today (internally but publicly), “we need to advocate for a sort of ‘homelab’ but in the DC sense… so that fewer companies get to control people’s data and lives…”

An associate agreed but noted that “however the big money is pushing to make home labs, or anything outside of a big datacentre, discouraged or illegal; see Mozilla’s and Chromium’s “warnings” about sites, as well as Netcraft’s fake attempt at “risk rating”.”

They’re nowadays doing the same for "apps" (the Linux Foundation is already working on it). So if the “app” isn’t signed by the ‘babysitter’, you cannot run it or you can barely run it. This is the general direction technology has taken, unless we walk away and do it differently.

Spheres in Space“I see various dickheads adopting the term “sideloading” in place of the normal term “installation”,” the associate noted.

We’ve already written a great deal about the bad direction/turn the Web has unfortunately taken. It assumes computer users are untrustworthy, even on their very own computers, and Web sites are only "trusted" if the US government says so.

Gemini does not work that way — not even remotely — so it deserves wider adoption. There are many practical benefits in this age of fake security, where by “security” they typically mean US "National Security" with back doors.

[Meme] Meanwhile in Austria…

Posted in Deception, Europe, Patents at 7:44 am by Dr. Roy Schestowitz

The Burgtheater, Vienna: EPO legal theatre

Don't worry, we'll tell them we never heard of the Vienna Convention

Summary: With lobbyists-led leadership one might be led to believe that a treaty strictly requiring ratification by the UK is somehow feasible (even if technically and legally it's moot already)

The EPO’s Web Site is a Parade of Endless Lies and Celebration of Gross Violations of the Law

Posted in Deception, Europe, Patents at 6:56 am by Dr. Roy Schestowitz

Video download link | md5sum a59a1b4da84187b858bd24d0145f459b

Summary: The EPO’s noise site (formerly it had a “news” section, but it has not been honest for about a decade) is a torrent of lies, cover-up, and promotion of crimes; maybe the lies are obvious for everybody to see (at least EPO insiders), but nevertheless a rebuttal seems necessary

THE EPO is a den of lies. It was supposed to be about science, but nowadays it is about law-breaking, propaganda, and abuses/violations of basic rights. António Campinos is in no way better than Benoît Battistelli; he keeps interjecting his name like he’s an expert in every domain and he’s shamelessly promoting corruption, misusing the EPO’s Web site to lend legitimacy to that corruption.

The video at the top discusses what we published last night and this morning [1, 2]. The EPO’s site, perhaps inevitably, did a puff piece about “gold standard”, citing Intellectual Asset Management (IAM). Here’s a screenshot (in case it changes or anything in a decade to come):

EPO remains the 'gold standard' for patent quality

This is just a long screed or a bundle of lies, for reasons explained in the video above.

To quote the text (warning: epo.org link), with in-line rebuttals (very short):

“Once again, users have voted the EPO number one among the world’s five largest patent offices for the quality of its patents and services in the latest benchmarking survey by Intellectual Asset Management (IAM). The EPO has topped the survey in both categories ever since it began in 2010.”

“Did IAM disclose payments from the EPO’s PR firm? Is this survey scientific?”Who are those users? All of them? How were they selected? Did IAM disclose payments from the EPO’s PR firm? Is this survey scientific?

“More than a quarter of respondents (26%) now rate our patents as “excellent”, up from 23% last year and placing the EPO well ahead of the other IP5 offices. There is also a strong consensus among respondents that we are maintaining our high level of quality. Overall, more than 87% of respondents describe our service as “good”, “very good” or “excellent”, once again putting us well ahead of the other IP5 offices.

Still no mention of who’s actually paying IAM and who those respondents were.

“Moreover, “quality remains king for the EPO” (source: IAM). The EPO is the only office for which patent quality ranks as the top motivation for filing. In all other jurisdictions, it is the commercial importance of the local market. One respondent is quoted as saying: “The EPO has the edge due to better search, high quality examination and rules which enforce clarity.”

So now they single out one respondent (anecdote). Is this scientific?

“This year’s survey was conducted in September and October among several hundred IP professionals. Participants were asked about the EPO, Japan Patent Office (JPO), Korean Intellectual Property Office (KIPO), US Patent and Trademark Office (USPTO) and the China National Intellectual Property Administration (CNIPA).

They say the same thing every year because the EPO pays them. They don’t actually check patent quality!

But to make matters worse, the above is lost in a sea of yet more propaganda. From the past week alone:

EPO noise site: ILLEGAL, Fake concern, Lies, Fake concern, ILLEGAL

Let’s go through these very quickly, one by one…

“EPO marks International Day of Persons with Disabilities” (warning: epo.org link) is the second such propaganda in about a month.

Disabilities for EPO workers?

This is akin to the pinkwashing, which is too easy to dispute. Disabilities… while sending the judges to Haar (illegally), where disabled people were killed.

To quote the EPO: “Today the Office is marking International Day of Persons with Disabilities (IDPD) with a special internal discussion session. This session brings together EPO experts from various technology fields as well as from Health & Safety, Human Resources and Building Administration units. It aims to showcase how collaboration between colleagues across the organisation can help ensure that everyone fulfils their true potential based on their talents alone, without having to worry about any kind of so-called disability.”

The irony won’t be lost on EPO staff. They know just what level of audacity and hypocrisy writing these words required.

It seems evident that, tying together both disability and ‘ViCo’ agenda, EPO management has a new sockpuppet in “Managing IP” and its name is Rory O’Neill; this fluff is one example (“VICO marks ‘levelling up’ for D&I at EPO, lawyers say”) and he has also just helped patent extremists — being employed by their paid-for propaganda mill — lobby Germany to allow patents for bots. What next? Patents for one’s pets? We’ll come back to Rory O’Neill later; he seems to have replaced Charlotte, their UPC booster who left some months ago after she had posted a lot of fake news for Team UPC.

The lies are endless and they piggyback disabled people (picture the cruelty).

Similarly, the EPO pretended to care about health (warning: epo.org link) when as a matter of fact it had no choice on the matter because of government/national policies.

“They don’t actually check patent quality!”But then it gets even worse, as they’re shamelessly promoting an illegal agenda (warning: epo.org link) connected to attacks on the judges and courts.

And speaking of attacks on the very law and moreover an attack on many constitutions, the EPO topped it all up with UPC fluff (warning: epo.org link), reminding us that Team Campinos is either a Team UPC megaphone or an extension of Team UPC, crushing the Rule of Law for the sake of patent trolls, litigation firms, and monopolies outside Europe. “Austrian Parliament successfully completed the ratification of the PPA,” says the summary, but Austria is not the UK and they're ignoring the Vienna Convention. The patent litigation firms meanwhile flood the Web (the spamfarm) with headlines like “The Unitary Patent Approaches The Finish Line” and statements like: “The UPC is being widely welcomed by users, but shortly before its launch, it is foreseeable that users will likely proceed with caution at first.”

They pretend that it’s already launching. Amazing! Promoted for a fee, along with the misleading headline above [1, 2]. They’ve long pushed such misleading headlines; it’s deliberate deception. They pay for some sites (patent-centric spamfarms) to give it broader audience, clogging up the signal with misinformation of theirs. How many times before have they said similar things, even 4 years ago? Ignoring facts and fundamental issue, floating fake rumours etc.

This other new article (boosted here) overlooks the UK’s exit from the EU and says: “The 25 participating Member States are called upon, firstly, to promptly ratify the Agreement on the Unitary Patent System, if they have not already done so, and secondly, to facilitate the rapid establishment of the planned Patent Arbitration and Mediation Centre.”

But Unitary Patent (illegal patent system) cannot ever start without UK ratification. Only France has ratified it (among required ratifications). Those are the simple, fundamental facts. Rory O’Neill didn’t bother mentioning it; When “Managing IP” says “sources” it means sponsors and Team UPC is one of those sponsors.

“The irony won’t be lost on EPO staff. They know just what level of audacity and hypocrisy writing these words required.”But let’s get back to the EPO’s statement. To quote: “On 2 December 2021, the Austrian Parliament successfully completed the ratification of the Protocol to the Agreement on a Unified Patent Court on provisional application (PPA). This is another very important step towards the start of the new system. As soon as Austria has deposited the ratification instrument, the period of provisional application will begin in order to complete all technical and infrastructural preparations so the new court can start and allow the entry into operation of the Unitary Patent system.”

Of course they don't want to mention the UK and other fundamental issues, instead referring to the “legal guru” Campinos.

To quote: “…EPO President Antonio Campinos said, welcoming the decision of the Austrian Parliament.”

Well, Tony Campinos is acting more like a Mafia Don than the chief of a patent office. He knows he’s pushing an illegal agenda, but he does not care. Patent litigation firms are on his side for purely financial (self-serving) reasons and the parrots at JUVE are lending support to him. Konstanze Richter has issued this puff piece about the “UPC users” (no such thing!), speaking about it like it’s a real thing which exists already.

“The tragedy is, the EPO needs to recruit actual scientists; only a mad scientist would actively pursue an EPO career at this stage.”Amy Sandys, a longtime megaphone for Team UPC and the above lies from EPO management, keeps writing junk like JUVE is now owned and run by EPO management (those who hijacked the Office). Watch this page; Sandys is just copy-pasting all the lies from EPO management, no fact-checking required. This isn’t journalism but lobbying; to make matters worse, they lobby for an unlawful agenda.

Still unconvinced? 2 days ago Amy Sandys gave an excellent new example of JUVE posting pure spam, or pretence that a firm hiring one person is some major news (it’s not even a high-level worker); one day apart there was this fluff from a colleague, who used to do journalism about EPO abuses but is nowadays wording her articles like nothing but advertisements for litigation firms (which is what the site is all about these days). No sane person would call this journalism.

The tragedy is, the EPO needs to recruit actual scientists; only a mad scientist would actively pursue an EPO career at this stage.

The EPO can barely even run its Web site properly. How many technical people have left? As we showed before, oftentimes (for period of hours if not days) the “news” section is practically broken and 5 days ago they published “Strong Together visual”, which led to this:

Strong Together visual

Stronger together? Not even strong enough to run a site properly. Maybe the remaining staff does not know how to use the CMS. And as a side note, in the EPO’s press/communications department there have been many departures. The exodus isn’t invisible to us.

The Letter EPO Management Does Not Want Applicants to See (or Respond to)

Posted in Europe, Patents at 3:10 am by Dr. Roy Schestowitz

I'm like an actor
António’s lapdog?

António and SteveSummary: A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)

FOLLOWING the previous post about lessening examination time to ‘produce’ (grant) worse European Patents, the time seems right to also divulge a letter to EPO management. IAM seems so eager to produce "quality" propaganda, so let’s examine what actual examiners said this year.

The following is a publication “on behalf of the Munich Staff Representatives (LSCMN)”, which said that “[s]ince the entry into service of Mr Rowan (VP1), the promised bottom-up planning in DG1 never really materialized. This year is no exception [...]. The number of colleagues faced with unreachable objectives and who have contacted Munich staff representation has this year reached unprecedented levels, especially amongst those in the ICT cluster. In particular, timeliness objectives are turning into a covert means to increase productivity targets.”

Read “ICT” as software patents; it’s one of the weasel words/acronyms.

“In this open letter to Mr Rowan,” they said, “we demand an urgent meeting together with the COOs, as well as full transparency on the objectives for the year 2021 compared with those of the year 2020.”


Target setting in DG1 for the year 2021 – Demand for urgent meeting

Dear Mr. Rowan,

Since your entry into service, the promised bottom-up planning in DG1 never really materialized. This year is no exception1. The number of colleagues faced with unreachable objectives and who have contacted Munich staff representation has this year reached unprecedented levels, especially amongst those in the ICT cluster. There is a trend which shows that we are not dealing with isolated personal cases but that there is a general problem in DG1.

In particular, we note that:

- productivity targets have been increased by at least 5%, 10% or even 20% without any explanation whatsoever being given and in utter disregard of any change in personal circumstances caused by the pandemic, which is a major diversity & inclusion issue,

- some line managers are refusing to take into account the 4 or 5 days of leave offered by the President when calculating work capacity and are even suggesting that updating the cumbersome SuccessFactors tool would be too much work for them,

- timeliness objectives go as far as demanding that examiners have no late priority 2 or 3 files by the end of the year regardless of whether that is meaningful or realistic when considering actual stock levels and examiners’ capacity– this requirement then turns into a covert means to increase productivity targets.

- The examiners and formalities still have defective tools (e.g. 2-day outage of the viewer this week).

Yet again, staff in DG1 is experiencing a total discrepancy between your commitment that nobody should be put under pressure (SMART objectives?), and what line management in DG1 is actually implementing. Staff Representation demands an urgent meeting with you and your COOs to correct the situation as soon as possible. In order to prepare for the meeting and in line with the Office’s call for transparency, we request anonymized data per Directorate and per Team comparing the objectives for the year 2021 with those of the year 2020.

Yours sincerely,

Michael Alex Kemény
Chairman of the Local Staff Committee

1 “Target setting in DG1 for 2021 – Even more business than usual during a pandemic” CSC paper of 22 January 2021 (sc21004cp)

The Local Staff Committee Munich (LSCMN) would later note: “Following our paper on the target setting exercise for 2021 and our (still unanswered) letter to Mr Rowan (VP1), we now question in this paper how a system with ever-higher production targets, and ever-more “unproductive” but mandatory goals, can be reconciled with the quality target the EPO has set for itself.”

The EPO’s management did not even bother defending its own actions. Because it cannot.

IRC Proceedings: Saturday, December 04, 2021

Posted in IRC Logs at 2:34 am by Needs Sunlight

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