[Meme] Team UPC Congratulating Itself

Posted in Deception, Europe, Patents at 9:44 pm by Dr. Roy Schestowitz

Recent: Unified Patent Court is a Fake Common Court and Violates CJEU’s Jurisprudence of the Last 10 Years, Will Explode at launch, Says Professor Jaeger

We're starting a system; Without even checking if it's legal

Summary: The barrage of fake news and misinformation about the UPC deliberately leaves out all the obvious and very important facts; even the EPO‘s António Campinos and Breton (Benoît Battistelli‘s buddy) participated in the lying

As usual, all the signal is in comments [1, 2, 3]; so-called ‘articles’ are just fake news composed by people with a conflict of interest and EPO “media partners”.

Links 24/1/2022: pgBadger 11.7 Released, Catch-up With Patents

Posted in News Roundup at 9:13 pm by Dr. Roy Schestowitz

  • GNU/Linux

    • Linux Weekly Roundup #166

      Welcome to this week’s Linux Weekly Roundup in the world of Linux releases. We had another great week with plenty of new releases and updates, like Deepin 20.4 (also they have a nightly build ISO of Deepin V23), Qubes OS 4.1.0 RC4, and Linuxfx 11.1.1103.

    • Audiocasts/Shows

    • Kernel Space

      • Linux 5.17 Features From New AMD P-State To Xilinx Drivers, Lots Of New Hardware

        This morning marked the release of Linux 5.17-rc1 that officially ends the merge window for this next stable kernel series. Linux 5.17 won’t see its stable debut until around the end of March but there is a lot to get excited about for this open-source kernel in 2022.

        Linux 5.17 is exciting for mainlining the AMD P-State driver that has been under review/testing for the past several months in cooperation with Valve for the Steam Deck, initial Intel Raptor Lake bring-up bits, Intel Alder Lake P graphics being promoted to stable, lots of preparations for future AMD processors, initial support for the recently launched Qualcomm Snapdragon 8 Gen 1, many tablet / laptop support improvements, x86 straight line speculation mitigation support, support for a low-cost RISC-V platform, and a whole lot more.

      • Linus Torvalds Announces First Linux 5.17 Kernel Release Candidate

        Linus Torvalds just announced today the first Release Candidate of Linux kernel 5.17, which looks to be a normal release with a normal amount of changes and new features. Nothing fancy, and nothing that stands out. There’s a little bit of everything for everyone.

        According to Linus Torvalds, the bulk of it is various driver updates, and there’s also architecture, documentation, and tooling updates. However, the random number generator work and the rewrite of the fscache persistent local cache tool stand out in the upcoming Linux 5.17 kernel series.

      • Kernel prepatch 5.17-rc1

        The first 5.17 kernel prepatch is out for testing, and the merge window is closed for this release.

    • Applications

      • 5 Best Free and Open Source Stock Tickers

        A stock ticker is a report of the price of specific securities, updated continuously throughout the trading session by the various stock market exchanges.

        The term “tick” refers to a change in a security’s price from one trade to the next. A stock ticker displays these ticks, along with other relevant information, like trading volume, that investors and traders use to stay informed about current market conditions and the interest in that particular security.

    • Instructionals/Technical

      • How to Enable MySQL/MariaDB Query Logging

        In this short and easy to follow guide, we cover how to enable MySQL/MariaDB query logging and save queries to a file.

        When using a database, it often happens that developers want to know what’s going on behind the scene. Whether it is for troubleshooting, performance tuning, or out of sheer curiosity.

        General query logs remain one of the most popular sources of auditing and diagnostic information in MySQL/MariaDB databases. After logging is enabled, the database server will write information to the log file when clients connect or disconnect, and it will log each SQL statement.

      • How to install Zotero on Ubuntu 22.04 or 20.04 LTS – Linux Shout

        Zotero is a reference management system and academic network, here we learn the steps to install Zotero in Linux such as Ubuntu 22.04 Jammy JellyFish or Ubuntu 20.04 Focal Fossa.

        Zotero is an open-source and free tool that helps in collecting, organizing, citing, and sharing research. It consists of two components: Zotero standalone (Mac, Windows, Linux) with a plugin for Firefox, Google Chrome, and Safari; Zotero web application: computer-independent access to your library, finding and setting up groups on specific topics (see collaboration), making contacts with others. The two components of this tool can be synchronized with each other.

        If you are often involved in extensive projects at work or have to write a large-scale work during your studies, you quickly lose track of the sources used. With Zotero, you keep all information together and create a clear library for your project without much effort. It is particularly suitable for literature research on the Internet and the direct transfer of the researched data and works in groups that want to manage literature together.

      • How to Copy Directory in Linux: (Beginner to Advance)

        While working in several operating systems, we use to add files and folders, cut, copy, edit and delete them as per our choice. Just like all these, the Linux system provides us the opportunity to copy a single folder to another folder even though the folder is empty or not. Therefore, we will discuss some easy methods to copy one directory to another in Ubuntu 20.04 system. Let’s have a fresh start by using the different ways to copy a directory from one place to another in Linux.

        For this particular purpose, we must open up the terminal shell as we are going to do all things in it. There are two ways to open it. One is from the activity search area and the other is the shortcut key “Ctrl+Alt+T”. Practice one of the mentioned methods to open it and start implementing the commands in it one by one.

      • How to Change Default Torrent Client for Magnet Links in Ubuntu 20.04+ | UbuntuHandbook

        When clicking a magnet link in Chrome browser, it pops-up with “Open xdg-open” option allows to launch the default app to start the downloading.

        Unlike Firefox, Google Chrome does not offer an option to choose which app to handle the link. Instead, it launches the default app directly. For those want to change this default app to handle magnet links, here’s how to do the trick in Ubuntu.

      • How to install Microsoft Fonts on Elementary OS 6.0 – Invidious
      • How to install VCV Rack 2 on a Chromebook

        Today we are looking at how to install VCV Rack 2 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.

      • How to Install Papirus Icon Theme on Ubuntu – OMG! Ubuntu!

        Changing the icon theme on Ubuntu is an easy way to give your desktop a new look and feel. In this post we show you how to install Papirus icons on Ubuntu from a PPA.

        Why use the Papirus icon set? Because it’s good — in fact, it’s one of the best icon themes for Ubuntu not to mention other Linux distros like Linux Mint, Zorin OS, and Manjaro. Thousands of users use this set, and several Linux distributions ship it as their default.

      • Exploring GIT Commit Hashes & Generating Cryptographic Zeros – Jon’s FOSS Blog

        So I was trying to research what goes into generating a GIT commit hash and I thought I would try to personalize the cryptographic hash output a little bit. My computer isn’t that powerful but it may be possible to generate more zeros!

      • Shows a specific process memory usage
      • How to install Minikube on Ubuntu 20.04 – NextGenTips

        In his tutorial, we are going to learn how to install Minikube on Ubuntu 20.04. I am going to use Docker as a containerization platform. You can either VirtualBox, Podman, KVM, etc.

        Minikube is a tool that makes it easy to run Kubernetes locally. Minikube runs a single-node Kubernetes cluster inside a VM on your local machine. Kubernetes quickly set up a local Kubernetes cluster on Linux, Windows, and macOS.

      • How To Install Brave Browser On Ubuntu / Fedora / Rocky Linux & Manjaro Linux | Tips On UNIX

        Brave is a free and open-source web browser designed by the Brave team and it is based on chromium.

        Brave Browser comes with default AD blocker and blocks all type of ads from every website and it also has multiple extensions available from chrome web store and can be added to it.

        This tutorial will be helpful for beginners to install brave browser on Ubuntu 20.04 LTS , Ubuntu 21.10 , Rocky Linux 8 , Fedora 35 and Manjaro Linux.

      • How To Install PHP 8 on Linux Mint 20

        In this tutorial, we will show you how to install PHP 8 on Linux Mint 20. For those of you who didn’t know, PHP is a popular general-purpose scripting language that is especially suited to web development. The PHP language is released under open-source standards, also object-oriented and interpreted scripting language that can be executed at the server-side. With this release, there are many new features, improvements, and deprecations from its predecessor (PHP 7).

        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 a PHP 8.1 on a Linux Mint 20 (Ulyana).

      • Chrome Clear DNS Cache

        Domain Name System (DNS) is the actual directory of the internet in which the domain names of the sites containing information that the user requires or searches for are stored in the DNS servers. All the web browsers use Internet protocols (IP) addresses to look for resources and services available over the internet. The Domain name system interprets the human-friendly domain names into Internet protocol (IP) addresses, usually consisting of complex numbers and alphanumeric characters so that the browser can locate the services and devices present on that certain address. The DNS cache acts as a boost to speed up the lookup process of the Domain Name System. DNS cache, also known as DNS Resolver cache, is the temporary storage on independent devices which stores the frequently visited sites on that device and assists the Domain name system by suggesting the visited sites and resources.

      • How Do I Initialize a Drive in Synology NAS?

        Each of the drives of your Synology NAS will have different Allocation status depending on the state the drive is in.
        The drive Allocation statuses are:

        i) Initialized: When you install the DSM operating system on your Synology NAS, it creates a system partition in all the available drives installed on your NAS. A drive will have the allocation status Initialized if the DSM system partition is installed on the drive and the drive is not used by any storage pools.

        ii) Not Initialized: If a drive does not have a DSM system partition, it will have the Not Initialized status. If you install a brand new drive on your NAS, it will have the Not Initialized status as well.

      • How to Check Folder Permission Linux

        Linux is a multi-user operating system. It can handle multiple users accessing the system at the same time. This is one of the key reasons why Linux is so popular in mainframes, servers, supercomputers, etc. Being a multi-user system, it’s paramount to have functional user permission management. It’s the fundamental that defines what user/group can access what part of the system.

        For file access, this user permission is managed as the file permissions. In this guide, we’ll have a deep dive into the file and folder permissions in Linux.

      • How to Install Gvim on Ubuntu 20.04

        If you are a programmer, you understand the importance of a good text editor application. Many of us spend a lot of time sitting in front of a PC and hitting the keys of the keyboard all day long. A text editor with great features can significantly boost your productivity. There are plenty of text editors available on the web, and choosing one that suits you is generally not an easy task. But if you are looking for an efficient solution, we suggest you try the Vim text editor.

        Vim, which stands for “Vi Improved”, is a classical text editor which is mainly used by programmers. It is generally called “programmer’s editor”. Although built long ago, it is still a popular editor and outruns many competitors. It can be used from general text editing jobs to managing configuration files.

        Vim is available for major operating systems like Mac, Windows, Linux, or Unix. Vim can run in the GUI and non-GUI console mode. For example, on Mac, you can install MacVim for the GUI version of Vim. Similarly, for Windows, you can use the “gvim” executable installer. Linux also has a graphical version of Vim known as gvim. Similar to other clones of the “vi” editor, Gvim on Linux has many powerful GUI features.

    • Games

      • More Details About Half Life 2 Running on Pinephone Pro – Boiling Steam

        I came across this video earlier today, showing the Pinephone Pro running Half Life 2 at very decent framerates. Sure, Half Life 2 is an old game (2004), but it’s still a very impressive feat to see it run on a phone that does not even use the same architecture. The Pinephone Pro has an ARM processor, while Half Life 2 is made for x86 (Intel and AMD) CPUs in the first place.

    • Desktop Environments/WMs

      • GNOME Desktop/GTK

        • Check Out GNOME Shell’s New Look in GNOME 42 – OMG! Ubuntu!

          GNOME Shell looks a little different in GNOME 42, which is currently in active development.

          I wasn’t able to showcase the shell theme tweaks in my GNOME 42 alpha post but, over the weekend, fuelled by coffee 😉, I managed to get the correct branch up and running on my Fedora install. I figured I’d write a short post to share some screenshots of the changes I’ve spotted thus far.

          Just keep in mind GNOME 42 is under active development. Everything shown here is a work in progress and very much subject to change.

          GNOME 42 embraces libadwaita and its rounder, softer look. So it’s no surprise that the latest GNOME Shell theme tweaks echo these changes within the Shell UI. That said, while the overall effect of the changes is pronounced (i.e. you’ll notice it’s change) we are still talking subtle refinement on what went before, rather than a wholesale departure.

          For example, most Shell elements now use a

    • Distributions

      • Reviews

        • Review: UBports on the PinePhone

          At the end of 2021 I posted a review about the PinePhone and what it was like running the device’s default operating system: Manjaro Linux featuring the Plasma Mobile interface. While I’ve had decent experiences with Plasma Mobile in the past, the combination of Manjaro, the PinePhone, and this interface left a lot to be desired. It was slow, it was unstable, and there were issues with the battery charge indicator. To make matters worse, the default applications were not polished or well named. It was a rough experience and, though I can see where there is hope for Manjaro on the PinePhone, I was eager to try something different.

          In the past I have had mostly good experiences with the UBports distribution. UBports is a community project which has continued Canonical’s Ubuntu Touch operating system for smart phones and tablets. Since I’ve run UBports on devices which didn’t have any more memory or processing power than the PinePhone, I was optimistic about trying out the PinePhone with this alternative distribution.

    • Devices/Embedded

      • Keyboards and Open-Source – Ignorance is bliss…

        In my Keyboard Fun post from last year I talked a bit about my interest in mechanical keyboards.

        Since then, I played around with a few more keyboards/switches/keycaps/…

        Interesting enough, beside the actual hardware, naturally there is some software component to all these keyboards, too.

        Whereas most commercial keyboards still come with proprietary firmware, there is the trend within the keyboard enthusiast scene to go for open-source firmware.

        This allows you to properly update the firmware even from your Linux machine and do proper configuration of e.g. the keymap, too.

      • Multilingual blink for Raspberry Pi Pico – Raspberry Pi

        A year ago today we launched our Raspberry Pi Pico board, the first product powered by the RP2040 microcontroller, a brand-new chip developed right here at Raspberry Pi. A year later we’ve sold nearly 1.5 million Picos, and thousands of you have used RP2040 in your own electronic projects and products.

      • Hackaday Links: January 23, 2022

        Sandy Macdonald from York quickly cobbled together a Raspberry Pi and a pressure/humidity sensor board and added a little code to create a recording barometer.

      • Perl/Raku

        • Display Your Speech In Realtime To Help Lipreaders In The Mask Era

          The system consists of a small screen that can be worn on the chest or other part of the body, and a lapel microphone to record the wearer’s speech. Using the Deepgram AI speech recognition API running on a Raspberry Pi Zero W, the system decodes the speech and displays it on the Hyperpixel screen.

        • Open Hardware/Modding

          • W5100S-EVB-Pico: A Raspberry PI Pico with Ethernet port – peppe8o

            Hands on a W5100S-EVB-Pico board. Let’s discover this microcontroller and its main features

            In this tutorial, I’m going to show you what is the W5100S-EVB-Pico microcontroller board and how to use it.

            I’ll explain the main features of this IoT board, then show a few usage examples with the basic Ping example and a Mosquitto (MTTQ) example to interface an MTTQ broker like Thingsboard.

          • Arduino data types

            When writing an Arduino code to perform a task or working on a project the data has to be classified in different types. The microcontroller understands the information in the form of 0 and 1 and it is difficult for a user to declare the number of bites for each data. To organize and categorize the data in different forms is quite helpful for programmers to understand the data given and perform the assigned task. For these different data types are used in the Arduino programing.

            There are two basic data types that are used in Arduino programming: one is variable data type and the other is constant data type.

          • Arithmetic Operators in Arduino

            Arithmetic operators in Arduino programming are used to calculate the mathematical operations taking two or more numbers as operands.The use of operators in Arduino programming plays an important role as it defines the conditions on the basis of which the program works. There are different types of arithmetic operators that are used in Arduino programming.

          • Arduino if-else statement

            In Arduino programming when there is a need to determine on which conditions the code will work, we use an if-else statement. In other words, the if-else statement determines the working flow of the Arduino program based on conditions.

          • Explain the while loop in Arduino with the help of examples

            In Arduino programming, many times we have to write a code in which a repeated cycle of execution of the code is needed, to execute it we use conditional loops, and the “while loop” is one of the conditional loops. In this write-up, we will understand what is the while loop and how it works in Arduino programming.

          • Arduino Comparison Operators

            In Arduino programming there are different types of operators. These operators play an important role in functioning of any specific task or working of a code. Most of the decisions in the code are taken on the basis of results given by these operators, in other words they have a direct influence on the output. The comparison operators are used where the conditions of the Arduino code are made for deciding the flow of the program by comparing the values.

          • Arduino Boolean Operators

            When writing an Arduino code for any specific project different operators will be needed for performing various functions, they can either be mathematical or logical operations and for each type of functions there will be specific operators. Here in this article the Boolean operators are discussed briefly.

          • Arduino Bitwise Operators

            There are multiple types of operators used in Arduino programming for making different conditions. These conditions then regulate the flow of the code designed to perform a specific task. One of the most important types of operators used in Arduino programming are bitwise operators and, in this article, bitwise operators and their types are explained briefly.

          • Arduino Compound Operators

            To determine the flow of a program or a code in Arduino Programming the compiler should understand how to perform multiple operations which can be either mathematical or logical. For this, different types of operators are used. Here in this article the compound operators will be briefly discussed.

          • Getting started with the Arduino Web Editor

            To access your work on an Arduino board from anywhere on any system Arduino Web Editor can be used.This web editor is just like the online version of the Arduino IDE used for writing, editing and compiling codes in C and C++ languages. To use the web editor, follow the given guidelines

          • Printed Circuit Bird Family Calls For Us To Consider Analog | Hackaday

            Kelly’s work takes a concept that would have many of us get the digital toolkit, and makes it wonderfully life-like using a small bouquet of simple parts. It’s a challenge to our beliefs and approaches, compelling in its grace, urging us to consider and respect analog circuits more when it comes to modelling consciousness and behaviours. If it’s this simple to model sounds and behaviour of a biological organism, a task that’d have us writing DSP and math code to replicate on a microcontroller – what else are we missing from our models?

            Kelly has more PCBs to arrive soon in preparation for her NYC exhibit in February, and will surely be posting updates on her Twitter page! We’ve covered her work before, and if you haven’t seen it yet, her Supercon 2019 talk on Electronic Naturalism would be a great place to start! Such projects tend to inspire fellow hackers to build other non-conventional projects, and this chirping pendant follows closely in Kelly’s footsteps! The direction of this venture reminds us a lot of BEAM robotics, which we’ve recently reminisced upon as something that’s impacted generations of hackers to look at electronics we create through an entirely different lens.

          • Top 5 Microcontrollers You Should Get to Know in 2022

            Microcontrollers are also known as mini-computers; they consist of a microchip on which a small CPU and other components are embedded. Microcontrollers have a wide range of applications, the most common ones are the automation of electronic equipment, robotics, and industries to control the temperature. The microcontrollers are of different types like 8-bits, 16-bits, and 32-bits.

            In the market, there are a lot of microcontrollers that are used for different purposes and have different architectures. In this article, the top microcontrollers are discussed with their architectures and applications.

          • What are the Conditional Operators in Arduino? Explain with Examples.

            Conditional operators in Arduino are used to decide the output on the basis of conditions. For different applications, conditional operators can be utilized. For example, they can be used in making the logic of street lights, such that the lights remain off during day time and on otherwise. In this write-up, we will discuss the conditional operators in Arduino and also understand its usage with the help of an example.

          • What are the Arrays in Arduino? Explain with the Examples.

            An array is a data structure used to store multiple values of the same data type in it; for example an array declared with the integer data type can store multiple integers in it. In Arduino, sometimes we have to use multiple values, for example, we are supposed to blink five LEDs, we will declare an integer array that will store the 5 pin numbers where we will attach the LEDs.

            The use of Arrays in Arduino is similar to the other programming languages so in this write-up, we will explain the arrays and the way of utilizing them in Arduino.

          • What are the Strings and String Functions in Arduino? Give Examples.

            Strings are the data types that are used to store the characters and a series of characters in them. The working of Strings in Arduino is similar to “char” in C programming. The values stored in the Arduino can be displayed on the LCD as well as on serial monitor output.

            The Strings used in Arduino are of two types which are discussed in this write-up. We will discuss the functions of Strings with the help of examples.

          • How to Generate the Pseudo-Random Numbers in Arduino

            To generate the pseudo-random numbers in Arduino, we use the built-in functions random(), first, understand why we need to generate the pseudo-random numbers? In real life, we have to generate random codes for verification purposes. Similarly, in digital gaming, we have to generate random passwords. For this purpose, we have to generate the random numbers in Arduino.

            In this article, we will discuss the techniques by which we can generate random numbers with the help of examples.

          • How to Convert String into the Int Data Type in Arduino

            In many Arduino projects, we often extract data from some devices like raspberry pi, or a web database for some arithmetic commutation, but the data is in the form of strings. There is a function in Arduino through which we can convert the strings into integers so that we can perform arithmetic operations on them.

            In this write-up, we will conversion of the string to integers in Arduino by using a built-in function toInt().

        • Mobile Systems/Mobile Applications

      • Free, Libre, and Open Source Software

        • Switching from OpenNTPd to Chrony – anarcat

          A friend recently reminded me of the existence of chrony, a “versatile implementation of the Network Time Protocol (NTP)”.

        • SaaS/Back End/Databases

          • PostgreSQL: pgBadger v11.7 released

            pgBadger is a PostgreSQL performance analyzer, built for speed with fully detailed reports based on your PostgreSQL log files.

            pgBadger 11.7 was released today, this release of pgBadger fixes some issues reported by users since past five months as well as some improvements.

        • FSF

        • Programming/Development

          • C: getsockname Function Usage

            Socket programming is well-known and common in C programming between developers and users. Within this kind of programming, we tend to connect two endpoints. These endpoints can be two servers, one server, one socket, etc. As the name suggests, the “getsockname” function is utilized to get the name of a socket working in the network. It may or may not be the socket name, but the address of that particular socket would be displayed using this function. Therefore, we have tried a simple method to illustrate the getsockname() function in C within this guide. Let’s take a fresh look at its example while working on the program using Ubuntu 20.04 Linux system.

          • How Do I Use Keyboard Shortcuts in Jupyter?

            Jupyter Notebook is a client-server application in which users can edit and run their notebook documents through a browser. The notebook documents that are created in Jupyter notebook consist of python or programming code and rich text elements such as paragraphs, images, links, and equations. When you work as a programmer, you like to use quick keyboard shortcuts to solve the routine work. These shortcuts help you to complete the programming code easier and quickly.

            In Jupyter notebook, various functions and notebook cell options are available that you can manage efficiently using the keyboard shortcuts. Most of the users do not know how they can find and use these shortcuts in the Jupyter notebook. However, today you will learn about all the keyboard shortcuts used in the Jupyter notebook.

          • How to Enable and Use Autocomplete in Jupyter Notebook

            No matter how good you are at writing computer programs, it is hard to remember all function names, syntax, and function parameters. So, programmers are required to use the auto code completion or IntelliSense menu feature in the Jupyter notebook. Usually, programmers and developers are familiar with different auto-completion tools.

            The code autocomplete feature by default included in most of the source code editors through which you can view IntelliSense menu or code suggestions inside the drop-down in a program file. The code autocomplete functionality saves you time for writing complex programs, receives fewer bugs, and you can quickly include methods, attributes, and classes in your code using drop-down suggestions.

        • Python

          • How To Install Django on Fedora 35 – idroot

            In this tutorial, we will show you how to install Django on Fedora 35. For those of you who didn’t know, Django is a free and open-source high-level Python Web framework built by experienced developers to encourage rapid development and pragmatic design of web applications for programmers and developers. Its main goal is to ease the creation of complex applications and take care of the internal structure.

            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 the Django Python Framework on a Fedora 35.

  • Leftovers

    • Hardware

      • Cables Too Long? Try Cable Management Via DIY Coiling

        Annoyed by excessively-long cables? Tired of the dull drudgery and ugly results of bunching up the slack and wrapping it with a twist-tie? Suffer no longer, because the solution is to make your own coiled cables!

    • Health/Nutrition/Agriculture

    • Integrity/Availability

      • Proprietary

        • Security

          • Is That The Moon Worming Its Way Into Your BIOS?

            When facing a malware situation, the usual “guaranteed solution” is to reinstall your OS. The new developments in malware world will also require you to have a CH341 programmer handy. In an arguably inevitable development, [Kaspersky Labs] researchers have found an active piece of malware, out in the wild, that would persist itself by writing its bootstrap code into the BIOS chip. It doesn’t matter if you shred the HDD and replace it with a new one. In fact, so-called MoonBounce never really touches the disk at all, being careful to only store itself in RAM, oh, and the SPI flash that stores the BIOS code, of course.

            MoonBounce is Microsoft-tailored, and able to hook into a chain of components starting from the UEFI’s DXE environment, through the Windows Loader, and finishing as a part of svchost.exe, a process we all know and love.

            This approach doesn’t seem to be widespread – yet, but it’s not inconceivable that we’ll eventually encounter a ransomware strain using this to, ahem, earn a bit of extra cash on the side. What will happen then – BIOS reflashing service trucks by our curbsides? After all, your motherboard built-in BIOS flasher UI is built into the same BIOS image that gets compromised, and at best, could be disabled effortlessly – at worst, subverted and used for further sneaky persistence, fooling repairpeople into comfort, only to be presented with one more Monero address a week later.

          • Episode 307 – Got vulnerabilities? Introducing GSD – Open Source Security

            Josh and Kurt talk about the Global Security Database (GSD) project. This is a Cloud Security Alliance (CSA) effort to build community around vulnerability identifiers.

    • Finance

      • MetroMile: Cheap car insurance, but the OBDII dongle doesn’t actually report Check Engine codes. – BaronHK’s Rants

        I use MetroMile for my car insurance.

        With what my ex did to ruin my credit, they’re the only car insurance company that isn’t taking it out on me with really sky high insurance premiums for minimum coverage.

        But one feature they claim their OBDII dongle can do is detect engine trouble codes and report on them to you.

        Earlier this month, my Check Engine Light came on and it turned out it had been storing a pending code for three cylinders misfiring and just not displaying the light yet, and what finally made it come on was the upstream O2 sensor totally failing, which caused the engine to run so poorly that the computer went ahead and turned on the light.

        For two days until I could get the car towed down to the shop, I kept waiting on MetroMile’s insurance dashboard to give me the engine codes, but it kept saying nothing to report, and then I noticed in tiny letters that it may not detect everything.

        If it can’t detect three cylinders misfiring and a dead oxygen sensor, what will it detect?

        And it’s not even the first time this has happened. It also didn’t detect any problems any of the times my ABS warning light was on or when my EGR valve failed.

      • Bank of America Merrill Lynch “Wealth Manager” charged with Felony Hate Crime, trespass, and disorderly conduct after racist tirade at a coffee shop.

        with Felony Hate Crime, trespass, and disorderly conduct after racist tirade at a coffee shop.

        On the most serious offense, intimidation as a Hate Crime, a Class D Felony, James Iannazzo faces up to five years in prison and up to a $5,000 fine, in addition to two misdemeanors on the indictment.

        Bank of America Merrill Lynch claimed that they were shocked by his behavior and took immediate action. However, the pattern of big banks employing people like this is disturbing.

      • James Iannazzo Case: Fairfield Man Arrested for Racist Smoothie Tirade, Cops Say – NBC New York

        A Connecticut man in a rage over the inadvertent use of peanuts in a smoothie went on a threatening, racist tirade against a shop’s young employees, leading to his arrest, Fairfield police said.

        James Iannazzo, 48, of Fairfield, faces charges of intimidation based on bias, breach of peace and criminal trespass.

    • Civil Rights/Policing

      • New Pact on Migration and Asylum: new mandate, new start for the European Union Agency for Asylum

        Today, the new European Union Agency for Asylum starts work with its reinforced mandate, building on the achievements of its predecessor, the European Asylum Support Office. The new agency is a key deliverable under the New Pact on Migration and Asylum. It will help ensure that asylum decisions are taken in a fast and fair manner and that reception standards converge across the EU, bringing more uniformity in decision making and alignment between Member States’ asylum systems.

    • Monopolies

      • Market definition is strongest part of Epic’s opening brief on appeal of Apple’s App Store antitrust acquittal

        In the Epic v. Apple App Store antitrust case, Epic Games filed its opening brief with the United States Court of Appeals for the Ninth Circuit yesterday.

        I already shared some thoughts on the Epic Games v. Apple appeal earlier this month and it’s really only going to get interesting when Apple responds, but I’d like to share a few observations now.

      • Urgent requests for declaration of non infringement (DNI)? Frequently DeNIed… – The IPKat [Ed: They should quit using misnomers like "Intellectual Property"; even the most prominent scholars increasingly reject this propaganda term]

        Similarly, many business cats would like to know in advance whether or not one of their products could be considered to infringe the intellectual property rights of a competitor. For domestic cats, the only way to know whether a certain activity is infringing is to use a try-and-see approach. On the other hand, (business cats and) commercial operators, at least in Italy, have the possibility of bringing an action for negative infringement (being an activity doesn’t infringe) before a competent Court, so that a third and impartial judge can possibly settle the matter.

        In particular, when a company wants to receive a rapid response it may file a precautionary action for negative declaratory relief (an urgent ‘declaration of non infringement’, or ‘DNI’). In Italy such a request must be supported by three fundamental requirements. First of all, there must be a legal interest in bringing the action (the negative assessment of infringement presupposes a situation of objective uncertainty caused by a dispute with another party, so that a conflict may arise – subjective uncertainty is not sufficient), then there must be a danger of delay (the so-called periculum in mora or urgency requisite, i.e. an urgent need for the petitioner to obtain a provisional measure in order to prevent irreparable harm from occurring or consolidating in the time needed for an ordinary case to reach its outcome), and finally, of course, there must be a substantial prerequisite (i.e. the Court must consider that the product is not actually infringing).

        In the light of these prerequisites, the path for the party fearing infringement to obtain an urgent DNI is not a very easy one to follow.

      • Gruyere cheese and Tennessee whiskey: A trade story | TheHill

        On Dec. 15, 2021, a U.S. district judge ruled that American fromagers are allowed to make gruyere cheese, despite the product’s Swiss pedigree. A week later, Japan became the 44th country to formally recognize Tennessee whiskey as a “distinctive product” of the United States. These aren’t just names, they’re intellectual property. But just as trade deals are helping to proliferate these geographical indications (GIs) around the world, the judge’s ruling on gruyere suggests that, for many of them, trade may also be their Achilles’s heel.

        The battle over gruyere cheese has been heating up for years. In 2020, U.S. dairy claimed a victory when gruyere was denied trademark protection. Swiss vendors wanted American fromagers to call their product “Alpine cheese,” arguing that real gruyere can only be had from Switzerland. Well, not quite. The production of gruyere reached across the French border long ago, and since the early 2010s, Brussels has recognized it as being from both Switzerland and France. Yet, Austria, the Netherlands and Germany, among a host of other European countries, also make the stuff. So, too, do Egypt and Tunisia.

      • Congress Moving Forward with Open App Marketplace Legislation | Patently-O

        Senate Judiciary Committee is considering two bipartisan legislative proposals focusing on the operation of “app stores” and requiring that large app stores allow for a competitive marketplace without the tight controls that we see today…

      • Patents

        • [Older] Post-AIA Patents Are Not Shielded from Interferences [Ed: Interferences is the wrong term because revoking phony, bad patents is something that ought to have been done by USPTO before issuance]

          Addressing the applicability of interference proceedings to patent applications filed after the Leahy-Smith America Invents Act (AIA) was enacted, the Patent Trial & Appeal Board (Board) found it proper to declare an interference between a patent application with a priority date before March 16, 2013, the AIA implementation date, and a patent with a priority date after March 16, 2013. SNIPR Technologies Limited v. The Rockefeller University, Pat. Interf. No. 106,123 (DK) (PTAB Nov. 19, 2021) (Katz, APJ).

          The AIA switched the US patent system from a “first to invent” to a “first inventor to file” system. In line with this change, the AIA eliminated the patentability requirement under 35 U.S.C. § 102(g), regarding whether another inventor made the invention first, and the interference proceeding under 35 U.S.C. §135 for determining who invented the claimed invention first. Section 3(n)(2) of the AIA provides a timing provision relating to this change. Under this section, the interference proceeding “shall apply to each claim of an application for patent, and any patent issued thereon, for which the amendments made by this section also apply, if such application or patent contains or contained at any time, a claim [having a priority date before March 16, 2013].”

        • ‘Exasperation’ over European deadlock on grace period [Ed: Rory O’Neill, salaried by patent extremists, wants us to think that it’s desirable to promote patent maximimalism under the old misleading guise of “harmonisation”]

          European businesses can’t agree on how to move forward with talks on harmonising international patent laws

        • Five Patents In Nanotechnology [Ed: Glorified fields of science and monopolies on them as framed by liars who work for Keltie]

          Nanotechnology: building materials and devices by controlling matter at the atomic and molecular level. An interdisciplinary field with far-reaching applications. Monica Patel explores five particularly interesting patents in this area…

        • Finally, the Unified Patent Court becomes a reality [Ed: Graham Burnett-Hall, who has long spread falsehoods for his convicted corrupt employer, is advancing illegal agenda using more of the fake news that floods the Web]

          The Unified Patent Court has today, the 19th January 2022, officially come into existence as an international body, following the deposit by Austria of its ratification of the protocol on the provisional application of the UPC Agreement.

        • UK: Protecting And Rewarding Inventions Devised By Artificial Intelligence: UK IPO Calls For Views [Ed: UKIPO will only listen to patent maximalists, including liars from Keltie (author)]

          The consultation describes how AI has and can play a positive role in the development of innovation and new technology. It also acknowledges that AI will be capable in the future of inventing and creating things that have no discernible input from humans. When this happens, and some feel it has happened already, an IP system needs to be in place that strikes a balance between protecting the human benefit of the invention while also supporting AI-led technical innovation and artistic creativity.


          The UK Government previously called for views on AI and IP in September 2020, releasing a follow-up response in March 2021 to the 92 contributions that were lodged. In that response, the Government acknowledged that there were mixed views on whether AI could be considered an inventor. There were many respondents who were both for and against a change in inventorship criteria. Some felt that all inventions would need human input at some point and couldn’t be devised solely by AI while others said that ruling out the recognition of AI as an inventor would discourage innovation and technological advancement.

        • Three Type of U.S. Patents and When to Use Them [Ed: So-called ‘design patents’ should not even exist at all; trademarks cover that already]

          Have you heard of a “design” patent? Maybe someone you know mentioned this as a less expensive alternative to a “regular” U.S. patent. The U.S. patent laws actually define three basic types of patents: utility patents, design patents, and plant patents.

        • UK: Insufficient Evidence To Support Change To UK Exhaustion Regime [Ed: Since when is UK patent policy designed to actual benefit the general public?]

          As reported previously, the UK government has been consulting on the future regime for exhaustion of intellectual property rights following the UK’s departure from the EU.

          In an update posted on 18 January 2022, it was indicated that the government has completed an initial analysis of the responses to the consultation, but found that there is not enough data to understand the economic impact of any of the potential alternatives to the current post-Brexit system (the so-called “UK+ regime”). Given the potential of any change to affect a wider variety of business sectors and end consumers, the government has decided to defer making any changes pending further evidence and policy developments.

        • Diamyd Medical patent for intralymphatic injection of GAD in autoimmune diabetes to be granted in China [Ed: They know there's barely any quality control for patents in China; it's gaming the system (WIPO) to make the system obsolete]

          Patents for intralymphatic administration of GAD to treat and prevent autoimmune diabetes including type 1 diabetes and Latent Autoimmune Diabetes in Adults (LADA) have already been approved in Europe, Japan, Russia, Australia and Israel, with additional countries pending.

        • Working today for the tourism of the future [Ed: Promoting a fake, false ‘study’ from corrupt EPO and EUIPO, reversing causes and effects]

          A new study published by the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) shows that companies that own at least one patent, registered design or trademark generate, on average, 20% more income per employee than companies that do not have any of these industrial property rights (IPR). In addition, it was found that these IPR-owning companies pay 19% more wages on average than other companies*.

        • Divisional Applications in India – A Guide for Applicants and Foreign Practitioners [Ed: "Practitioners" is a euphemism for parasitic entities such as patent lawyers]
        • MAB Discovery to Appeal Against European Patent Office’s Favorable Decision on Cantargia’s Patent [Ed: EPO corruption and maladministration will cause legal chaos]
        • EU Intellectual Property Office Launches SME Fund For 2022 [Ed: EUIPO harms SMEs and breaks the law; this is just a PR campaign, reputation laundering by which to manufacture shallow, misleading articles]

          The European Union Intellectual Property Office (the “EUIPO”) has implemented ‘The Ideas Powered for Business SME Fund’ (the “Fund”), a European Commission initiative, for the year 2022. The first version of the Fund was launched during 2021. Unlike the previous initiative which only covered the re-imbursement of administrative fees relating to trademark and design registrations (at both national and EU level), the Fund now also covers the administrative fees associated with the registration of patents on a national level.

        • Update on Artificial Intelligence as a Patent Inventor [Ed: Can we stop this lunacy of equating computer programs with human beings? This is infantile and dishonest.]

          Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues surrounding AI and its implications for life sciences innovations. Continuing our series, we now look at the appeal recently filed by Stephen Thaler (“Thaler”) in his quest to obtain a patent for an invention created by AI in the absence of a traditional human inventor.

        • Update on Artificial Intelligence as a Patent Inventor [Ed: Can we just stop collectively calling all computer programs or bots "Hey Hi"? That would make debates far more meaningful, but the patent extremists look to advance an agenda using the deception]

          Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues surrounding AI and its implications for life sciences innovations. Continuing our series, we now look at the appeal recently filed by Stephen Thaler (“Thaler”) in his quest to obtain a patent for an invention created by AI in the absence of a traditional human inventor.

          As we previously reported, on September 3, 2021, the U.S. District Court for the Eastern District of Virginia ruled that an AI machine cannot qualify as an “inventor” under the Patent Act, in a case that Thaler filed seeking, among other things, an order compelling the USPTO to reinstate his patent applications. Those patent applications name an AI system called “Device for Autonomous Bootstrapping of Unified Sentience” aka “DABUS,” as the sole inventor. Thaler, who developed DABUS, remains the owner of any patent rights stemming from these applications. The first application is directed to a design of a container based on fractal geometry. The second application is directed to a device and method for producing light that flickers rhythmically in a specific pattern mimicking human neural activity. According to Thaler, he could not list himself as the inventor, as he did not contribute to the conception of the inventions; instead DABUS performed what is traditionally considered the mental part of the inventive act.

        • Eurasian Industrial Design – The List Of Countries Is Expanding [Ed: Such globalisation with patents for monopolies (in effect banning competition) is an international problem]

          Since June 1, 2021 the Eurasian Patent Office has started accepting and examining applications for the issuance of Eurasian patents for industrial designs, which allows obtaining legal protection for an industrial design simultaneously in several member states of the Eurasian Patent Convention.

          On December 31, 2021, the President of Belarus signed the Law No. 137-Z “On the Accession of the Republic of Belarus to the Protocol on the protection of industrial designs to the Eurasian Patent Convention of September 9, 1994″. The Protocol on the protection of industrial designs will enter into force for Belarus three months after the deposit of the relevant Act of accession with the depositary.

        • PTAB Discretionary Denials Escape High Court Review

          The U.S. Supreme Court on Tuesday refused to review a highly controversial U.S. Patent and Trademark Office rule allowing the Patent Trial and Appeal Board to deny patent challenges based on the timing of related litigation.

          The justices denied both Mylan Laboratories’ and Apple Inc.’s petitions asking the court to evaluate whether the USPTO improperly implemented a rule defining factors for when PTAB judges can use their discretion to deny challenges. While the Supreme Court has repeatedly held that PTAB institution decisions are not appealable — which doomed these cases at the Federal Circuit — the companies say they should be allowed to challenge an…

        • A brief guide to patenting surgical inventions in Europe: part two [Ed: This author wants us to believe that the EPO honours and follows the European Patent Convention; in reality it violates it all the time without any consequences for these violations]

          The European Patent Convention excludes from patentability “methods for treatment of the human or animal body by surgery”. The intention behind this exclusion is to leave medical and veterinary practitioners free to act in the best interests of their human or animal patients without fear of patent infringement.

        • Sustainable Polymers: Finding the sweet spot [Ed: Convicted corrupt firm Marks & Clerk playing along with the EPO’s greenwashing campaign, which helps distract from EPO crimes and the harms done to actual environmentalism by such patent monopolies]

          A recent report from the European Patent Office (EPO) – Patents for tomorrow’s plastics: Global innovation trends in recycling, circular design and alternative sources – provides an in-depth review of patenting trends across various aspects of polymer-related technologies that can help guide us towards a more sustainable future.

          It is, of course, important to reduce our reliance on plastics, but the report recognises that plastics are an essential material for many industries – not least in the health sector where the recent pandemic has seen an exponential increase in the use of PPE, testing kits, etc. (all relying on plastics). Innovation in recycling technologies and alternative plastics has a critical role to play as we move towards a more sustainable society.

        • 2021 Artificial Intelligence and Automated Systems Annual Legal Review [Ed: Meaningless garbage and buzzwords like “Hey Hi” have opened up loophole to portray what’s illegal as needing inclusion]

          2021 was a busy year for policy proposals and lawmaking related to artificial intelligence (“AI”) and automated technologies. The OECD identified 700 AI policy initiatives in 60 countries, and many domestic legal frameworks are taking shape. With the new Artificial Intelligence Act, which is expected to be finalized in 2022, it is likely that high-risk AI systems will be explicitly and comprehensively regulated in the EU. While there have been various AI legislative proposals introduced in Congress, the United States has not embraced a comprehensive approach to AI regulation as proposed by the European Commission, instead focusing on defense and infrastructure investment to harness the growth of AI.

        • Mechanical insufficiency: how to avoid the elephant trap [Ed: Almost all patents used to be like this; now they give patents on mere thoughts… and things that have existed for millions of years, predating humans; this cites rigged EPO tribunals]

          When drafting patents for mechanical inventions, insufficiency issues are rare. The majority of insufficiency case law relates to chemical inventions, however, there are still some nasty traps that one can fall into accidentally. In this article, we look at a few examples and discuss potential issues when filing patent applications directed to mechanical products and processes.

        • Arecor Therapeutics Provides Business Update [Ed: Arecor seems unaware that nowadays the EPO grants loads of fake patents, based on EPO insiders]

          Arecor is also pleased to announce that the European Patent Office has granted patent EP3496734B, with claims protecting novel compositions of insulin glargine with improved thermostability. This grant further demonstrates the strength of the patent portfolio protecting the Group’s proprietary ArestatTM technology.

        • Unified Patent Court: Protocol on Provisional Application enters into force [Ed: This is very clearly illegal, but patent litigation companies don’t care what’s legal, they just smell money and cooperate with criminals]

          Following yesterday’s deposit by Austria of its instrument of ratification of the Protocol on Provisional Application of the Agreement on the Unified Patent Court, the General Secretariat of the Council of the European Union has just declared that the Protocol has now entered into force. Similar statements were issued by the European Patent Office and the Preparatory Committee of the Unified Patent Court.


          The Preparatory Committee also announced that the inaugural meetings of the governing bodies of the Court, namely the Administrative Committee, the Advisory Committee and the Budget Committee, will soon take place. It is unclear whether these meetings will be preceded by the signing ceremony of the draft Declaration on the authentic interpretation of Article 3 of the Protocol, which had been anticipated by the Preparatory Committee to address the uncertainties following the United Kingdom’s withdrawal from the Unitary Patent System (for additional details, see here) and support the view that Article 3 of the Protocol is to be interpreted as mirroring Article 89 of the UPCA.

        • Brexit boom: UKIPO filings soar but address suspicions remain [Ed: UKIPO granting monopolies is of no actual use to the British population; a lot of this gets assigned to foreign companies]

          As attorneys report huge increases in filing numbers, suspicion over the address for service provision has arisen

        • The European Unified Patent Court: Coming Soon to a European Patent Near You [Ed: More lying and fake news about the UPC; they’ve been saying it since 2014]

          The Unified Patent Court is a new European Union court with jurisdiction over infringement and revocation actions for a new Unitary Patent as well as…

        • Exporting Patents: Boiled, Broiled, Barbecued or Fried [Ed: What an utterly, totally strange kind of patents]

          We know that U.S. patents are territorially limited. Although Deepsouth was barred from using Laitram’s patented inventions throughout the United States, Deepsouth began selling its deveining machine to folks outside of the US in a partially constructed form.

        • EPC, UPCA: First impacts of the start of the UPCA provisional application period on EPO proceedings [Ed: She neglects to say that this is illegal; she’s cheering a clear violation of the law because she’s looking to financially gain from the corruption, deeply connected to the EPO and EC]

          In view of the forthcoming introduction of the Unitary Patent, the European Patent Office (EPO) has now declared that it will allow requesting a delayed grant and early requests for unitary effect, and has provided the rules applying to such requests.

          By publishing two Notices and one Decision of the President on 19 January 2022, the EPO provided an immediate reaction to the start of the provisional application of the Agreement on a Unified Patent Court (UPCA) that was triggered by Austria´s deposit of ratification on 18 January 2022.

        • Sec­ondary patents prove to be key in biosim­i­lar block­ing strate­gies, re­searchers find [Ed: As if the ultimate goal is to actually reduce access to medicines and to falsely claim life/nature is a human "invention"]

          While the US biosim­i­lars in­dus­try has gen­er­al­ly been a dis­ap­point­ment since its in­cep­tion, with FDA ap­prov­ing 33 biosim­i­lars since 2015, just a frac­tion of those have im­me­di­ate­ly fol­lowed their ap­provals with launch­es. And more than a hand­ful of biosim­i­lars for two of the biggest block­busters of all time — Ab­b­Vie’s Hu­mi­ra and Am­gen’s En­brel — re­main ap­proved by FDA but still have not launched be­cause of le­gal set­tle­ments.

          Part of the rea­son that many of these brand-name bi­o­log­ic com­pa­nies have proven suc­cess­ful at block­ing biosim­i­lar com­pe­ti­tion is through their use of patent fortress­es, de­signed to make it im­pos­si­ble, or ex­treme­ly ex­pen­sive, to wage le­gal bat­tle.

        • 19th Century Patent Law: Initial Disclosures for the Defense [Ed: Patent law before it became a laughing stock and rigged game controlled by monopolists that buy the politicians, the patent office officials etc.]

          Patent Act of 1836, Section 15. Thus, the defendant is required to automatically identify the names and residence of the people with prior knowledge as well as the location where the item was used.

          In Wise v. Allis, 76 U.S. 737 (1869), the Supreme Court was asked to opine on the level of specificity required by the statute. The case involved an improvement in balancing millstones for grinding grain. The defendant had provided notice that the invention had been previously used in “Utica, Rochester, Buffalo, Albany, New York City, and Brooklyn, in the State of New York.” At the time, New York City had about 1,000 different mills where the millstone might have been used, and so that part of the notice did not really provide much information. The plaintiff complained that the notice was thus insufficient and that the defense should be barred.


          Wise v. Allis, 76 U.S. 737 (1869). Today, Rule 26(a)(1)(A)(i) operates in parallel to this old patent rule, but for all civil actions. It requires automatic disclosure of the name and address and phone number “of each individual likely to have discoverable information … that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.”

        • From disruptive tech to IP access: top 2022 trends [Ed: Sukanya Sarkar now legitimising outright frauds and scams in the name of “increased democratisation of IP” [sic]; this is really appalling, but only to be expected when the media in this domain is controlled by liars/lawyers]

          Counsel list the top tech trends for 2022, saying the likes of NFTs and the metaverse will lead to increased democratisation of IP

        • IP [sic] owners [sic] urge customs to embrace new tech [Ed: Buzzword puzzle for pseudo-novelty by patent extremists and their media operatives]

          Use of blockchain and metadata analysis to track e-commerce sales could help modernise customs authorities, say IP owners

        • Are you getting ready for the 2022 Mobile World Congress? [Ed: Alicante and other Spanish places (like Barcelona) rapidly became notorious for raids and thefts by authorities in such events; this isn't about the law, it's about mobster mentality at the behest of corporations that aren't even European]

          After the disruption brought on by the pandemic, it seems that this year the Mobile Word Congress (“MWC”), the largest mobile trade event in the world and one of the most significant trade fairs held in Barcelona, will take place from 28 February to 3 March 2022 under normal conditions. Against this background, on 10 January 2022, the Boards of the Commercial Court Judges of Barcelona and the Judges of the EU Trademark Courts in Alicante held a joint meeting where they approved a Protocol setting out a number of measures aimed at expediting judicial proceedings related to the MWC. This is the 8th Protocol adopted so far (the 4th, in the case of the Alicante Judges).

        • Breaking: UK sticks with exhaustion status quo … for now

          The UKIPO opts to keep the EEA exhaustion regime but does not rule out future change

        • Energy storage will play a crucial role in the green transition [Ed: Another appalling puff piece that helps a deeply corrupt institution, EPO, with greenwashing PR]

          According to the European Patent Office, patenting in low-carbon emitting supply technologies such as renewables (wind, solar, geothermal or hydroelectric power) has been falling since 2012 and accounted for only 17 percent of all clean energy technology patents in 2019. Since 2017, the key drivers of innovation in this sector have been technologies that cut across these fields, like batteries, hydrogen and smart grids, as well as carbon capture, utilization and storage (CCUS). These crucial enablers of the energy transition all involve some form of energy storage.

        • Brussels Behind the Scenes: Looking after the little guy [Ed: This title is a disgusting lie; this is the EC breaking the law and attacking SMEs]

          Innovators and entrepreneurs received some welcome news this week, as a plan that promises to slash costs and protect IP throughout most of the EU came closer to fruition. It has been a long time in the making.

          Nearly fifty years ago, the idea of a single patent within the then European Communities was on the drawing board of officials and diplomats in Brussels. The concept was simple: if you were granted protection for your intellectual property in one EU member, you would get it everywhere else.

          This week, the EU finally took a step towards fulfilling at least the fundamental principles of that project.

        • The Unified Patent Court comes back to life [Ed: The title is false because UPC is still illegal, but they hope that a lot of fake news will compensate for the illegality; the Team UPC law firms are drowning the Web with misinformation about the UPC.]

          The long-awaited Unified Patent Court (the UPC), which will provide a new forum for patent litigation in 24 EU countries, is finally getting ready to open its doors. With the UPC will come the new unitary patent, a single validation of a granted European patent application that will take effect as a single patent spanning the participating countries. All European patent holders will need to review their patent portfolios and their patent prosecution strategies during the coming months, in particular to decide whether to “opt out” existing European patents from the jurisdiction of the new court.

          The provisional application period of the Unified Patent Court Agreement has begun, with effect from 19 January 2022, following Austria’s deposit of its instrument of ratification of a protocol to the UPC Agreement. Technical and legal judges will now be appointed and trained, court buildings fitted out and IT systems completed. A lot of preparatory work has already been completed, such as the drafting of detailed rules of procedure for the new court. However, it cannot be said with any certainty how long the provisional application period will last. It appears that it is likely to be at least 6 months, perhaps nearer to a year. As well as completion of the administrative preparations, the participating countries will need to agree where the new location will be for the branch of the court’s Central Division that was originally to be in London. Various options have been suggested, including locating the branch in Italy or the Netherlands, or splitting the work of the branch between Paris and Munich, where the two other branches of the Central Division are already located.

        • Exclusive: UKIPO asked to assess possible AFS breaches

          Prominence of UKIPO actions emanating from Chinese firms prompts fears that hard-fought AFS rules could be being flouted

        • Fintiv challenged in SCOTUS Amicus by Unified — Unified Patents

          On January 14, 2022, Unified Patents filed an amicus brief with the Supreme Court in support of the petition for certiorari in Intel Corp. v. VLSI Tech. LLC, challenging the USPTO’s reliance on their own NHK-Fintiv ruling, as well as the reviewability of such a de facto rule on appeal.

        • The Service of Electronic Transmission of Priority Documents between EPO and CNIPA Is Migrated from Bilateral Exchange Platform to WIPO DAS System
        • Patent Awarded to Nanoprecise Sci Corp for its Automated Predictive Maintenance Solution
        • A First: AI System Named Inventor [Ed: Misleading title. Only some almost-obsolete patent office in South Africa fell for this scam for serial provocateur Stephen Thaler misusing buzzwords]

          The South African patent office made history in July when it issued a patent that listed an artificial intelligence system as the inventor.

          The patent is for a food container that uses fractal designs to create pits and bulges in its sides. Designed for the packaging industry, the new configuration allows containers to fit more tightly together so they can be transported better. The shape also makes it easier for robotic arms to pick up the containers.

          The patent’s owner, AI pioneer Stephen L. Thaler, created the inventor, the AI system known as Dabus (device for the autonomous bootstrapping of unified sentience).

          The patent success in South Africa was thanks to Thaler’s attorney, Ryan Abbott.

        • Appleton v. Bacon (1862) | Patently-O

          John North was an employee of American Book and Paper Folding Company, hired to design and improve various paper folding machines. That company ceased operation in 1857 and Bacon purchased all the patents, including one issued to North.


          On appeal, Bacon argued that he owned the invention based upon the prior employment agreement. However, the Supreme Court sided with Appleton, concluding that the keys to the invention came-about after North’s contract had ended.

        • Provisional application of the UPCA to start [Ed: Criminals who hijacked the EPO, Europe's second-largest organisation, add another crime to a long list of their crimes]

          The Protocol to the Agreement on a Unified Patent Court on provisional application (PPA) enters into force today, following the deposit of the instrument of ratification by Austria yesterday. The final preparations for the Unified Patent Court will now start.


          The Unitary Patent and the Unified Patent Court (UPC) are the building blocks of the Unitary Patent package which will supplement and strengthen the existing centralised European patent-granting system. Unitary Patents will make it possible to obtain uniform patent protection in up to 25 EU Member States by submitting a single request to the EPO, making the protection of inventions for patent holders simpler and more cost effective.

          The UPC will be an international court with jurisdiction for infringement and revocation actions concerning patents granted by the EPO. This specialised court will make the Europe-wide enforcement of patents easier, offer greater legal certainty and reduce litigation costs. The Court is based on an international treaty, the UPCA.

        • FOSS Patents: Ericsson has requested preliminary injunctions against Apple in Brazil, declared intent to do so in the Netherlands: 5G patent royalty dispute picks up speed

          I thought I had covered the Ericsson v. Apple 5G patent royalty dispute pretty exhaustively during the course of this week, only to find multiple informative filings in the Eastern District of Texas, all of which were made on Wednesday (January 19). So let me recap what was already known before the weekend and add what I’ve just found out from the Wednesday documents

        • FOSS Patents: Third Ericsson ITC complaint against Apple discovered — a potentially unprecedented number of simultaneous filings with the U.S. trade agency

          I hadn’t seen three simultaneous ITC complaints (requests for U.S. import ban) by one party against another in more than ten years of watching smartphone patent disputes. Then I looked up the electronic docket of the United States International Trade Commission, a trade agency with quasi-judicial powers, and just found Ericsson’s third complaint against Apple (this post continues below the document). So there are two non-SEP complaints and one SEP complaint.

          The number of the most recently-discovered complaint is 337-TA-3597 and the title is In the Matter of Certain Mobile Phones and Table Computers, All With Switchable Connectivity, and Products Containing Same.

          Earlier today I noted that three patents were asserted in the 22-cv-61 case in the Western District of Texas but not in the 337-TA-3596 ITC complaint. Those three non-standard-essential patents, which have not previously been asserted against any party, are now at the heart of Ericsson’s third ITC complaint against Apple.

        • Apple Countersues Ericsson Seeking Base Station Import Ban – The Mac Observer

          Apple countersues Ericsson in the latest move in the Ericsson v Apple battle. The company seeks a U.S. import ban on mobile base stations from Ericsson, reports FOSS Patents.

        • FOSS Patents: Ericsson’s two ITC complaints against Apple: one over four SEPs, another over five non-SEPs (two of them from same family)

          This is my third post on Ericsson v. Apple in a row. Not only does it feature an additional ITC complaint I had not previously seen (because it surfaced on the U.S. International Trade Commission’s electronic docket more than an hour after the first one) but it also provides some context relating to the two federal lawsuits (Western District of Texas) and the other USITC complaint (the one over four standard-essential patents (SEPs)). This is a monumental patent dispute (that has all the ingredients for further escalation), so litigation watchers like me have to put the mosaic together step by step.

          This is the current landscape of Ericsson-Apple cases pending in the United States, just so we have a forest here and not just a lot of trees…

        • Ericsson sues Apple, alleging 5G patent infringement

          Ericsson files new suits against Apple in patent-friendly Western District of Texas

          Ericsson and Apple are back in court in Texas, months after firing a volley of lawsuits against each other in the U.S. District Court for the Eastern District of Texas. Ericsson picked a different venue to file two new 5G patent lawsuits against Apple: the Western District of Texas.

          In new filings on Monday, Ericsson alleged that Apple is in violation of essential patents for 5G. Ericsson cited a total of twelve patents between the two. In a previous statement provided to the press, Ericsson said that Apple using its technology without a license, following the expiration of a 2015 settlement. The companies have fired lawsuits back and forth since last October, after talks to renew that 2015 settlement went nowhere.

        • Ericsson Seeks to Block U.S. Imports of Apple Phone, Watch (2)

          Ericsson AB filed U.S. trade complaints seeking to block imports of Apple Inc. devices, escalating a legal battle that shows licensing talks between the two over 5G telecommunications technology are going poorly.

          In complaints filed with the U.S. International Trade Commission in Washington, Ericsson targets a wide swath of Apple products — the iPhone, tablets, smartwatches, smart speakers and digital media players — that it says infringe some of its patents. Ericsson also lodged suits Monday in a west Texas district court known to be friendly to patent owners, claiming Apple…

        • Ericsson escalates patent war against Apple in Europe

          Swedish manufacturer of network technology Ericsson has filed further lawsuits for patent infringement against Apple. So far, the market was only aware of patent and ITC lawsuits of both companies in the US.

          However, Ericsson has now confirmed to JUVE Patent that the company also filed lawsuits against Apple in Düsseldorf, Mannheim and Munich earlier this week. The party also filed additional lawsuits in the Netherlands and Brazil, with Ericsson accusing Apple of infringing several patents, including 5G patents.

        • Intel Wins Backing for High Court Review of Patent Board Rule

          Carmaker and cable industry groups are joining Unified Patents LLC in supporting Intel Corp.‘s bid for U.S. Supreme Court review of a much-debated U.S. Patent and Trademark Office rule that makes it harder to initiate patent challenges.

          Intel is challenging the agency’s Fintiv rule—which allows the Patent Trial and Appeal Board to deny review based on the state of a parallel infringement case—and the U.S. Court of Appeals for the Federal Circuit’s refusal to hear appeals of denied petitions.

          Unified Patents LLC, the Alliance for Automotive Innovation, and Cable Television Laboratories Inc. argue in an amicus brief in support …

        • Priority For Brand Protection – SME Fund To Offer Reimbursements [Ed: Whilst viciously attacking European SMEs the EU does a bunch or PR stunts to pretend the opposite is happening]

          In today’s digital age an entity’s intellectual property (IP) is of significant value, which ought to be adequately protected. The registration of EU and national trade marks, domains, patents and / or designs offers safeguards against free-riding and copying by third parties, which in turn brings about dilution of the brand or design and unfair advantage to competitors.

          The European Commission, the European Union Intellectual Property Office and the Maltese Commerce Department have issued a scheme to encourage the registration of trade marks, designs and patents by offering partial refunds on fees.

        • Nicox Provides Fourth Quarter 2021 Business and Financial Highlights [Ed: Masking too much of a big deal after getting European Patents, despite many of them being bogus]
        • Calfee’s Intellectual Property Practice Adds Four Attorneys From Respected IP Law Firm That [Ed: Companies trying to twist the hiring of a few people as major news; maybe if they pay JUVE they'll have puff pieces and storytelling about the hiring of just one such worker]
        • Cantargia reports third party appeal against EPO decision in favor of Cantargia patent
        • Cantargia reports third party appeal against EPO decision in favor of Cantargia patent [Ed: EPO’s nee approach of just allowing patents on anything thrown at it causes resentment and actions; even the tribunals are all twisted now]

          Cantargia AB today reported that a third party has filed a Notice of Appeal after their previous unsuccessful attempt to challenge the validity of one of Cantargia’s European patents. The appeal concerns the decision by the Opposition Division of the European Patent Office (EPO) to reject the opposition of Cantargia’s patent, EP 3020730, for treatment of solid tumors by IL1RAP-targeting antibody. This patent is part of Cantargia’s robust IP portfolio and as it is based on a divisional application, the parent patent is not subject of the appeal.

          “As Cantargia is reporting new results supporting the commercial value of IL1RAP-targeted antibody treatment of cancer, we have noted increased activity from potential competitors. Based on previous unsuccessful attempts to invalidate our patent portfolio around IL1RAP, and the clear decision by the European Patent Office, we anticipate the appeal to be groundless.” said Göran Forsberg, CEO of Cantargia.

        • Balmain x Barbie – Not Just Your Traditional Collaboration [Ed: Convicted corrupt firm Marks & Clerk legitimising online scam would be consistent with their promotion of illegal software patents and illegal UPC]

          Barbie and Balmain recently launched a new 50 piece ready-to-wear collection. This is not the first time that Barbie has collaborated with a fashion brand, with the first designer to dress Barbie being Oscar de la Renta, but what is interesting here is that this collaboration also sees the two brands come together to launch a series of NFTs.

          Rather than these being digital versions of the ready-to-wear collection, these NFTs will be Balmain-clad Barbie and Ken avatars and the winners of these exclusive NFTs will receive a matching Barbie-sized Balmain outfit.

        • Provisional Application of UPC Agreement Goes Into Effect [Ed: This is illegal and this very litigation giant (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP) knows it; but it wants to profit from this illegality]
        • Provisional Application of UPC Agreement Goes Into Effect
          [Ed: This is illegal and any half-decent journalist would point out that it’s illegal; but this is what happens when patent litigation firms (conflict of interest obvious) write the so-called ‘news’]
        • European Union: Provisional Application Of UPC Agreement Goes Into Effect [Ed: Spreading yet more lies for Team UPC; it doesn’t seem to bother these patent lawyers that this is clearly illegal, they all sing those lies in perfect harmony, as it’s their lobbying strategy]

          On 18 January 2022, the Austrian government deposited its instrument of ratification of the Protocol on Provisional Application of the Unified Patent Court. Austria’s formal ratification of the Protocol means that sufficient member states have now ratified the Protocol, and thus the Protocol has now come into effect.

          Ratification of the Protocol is a key step in the creation of the Unified Patent Court because it allows the Preparatory Committee to interview and appoint judges to the Court on a preliminary basis so that the Unified Patent Court itself can come into existence. The exact date when the Court will open is still uncertain. However, the Preparatory Committee for the Unified Patent Court has previously indicated that they expected the interviewing, training and appointment of judges to the Court would take around 8 or 9 months. In practice, now that provisional application has been approved, the Unified Patent Court is likely to come into existence at the end of 2022 or the beginning of 2023.

        • Gibson Dunn Named a 2021 Firm of the Year [Ed: Law360 and other sites that claim to be news sites (but aren't; it's not their real product) are dishing out fake awards for marketing/PR purposes; their Webspam is then used like this]

          Law360 named Gibson Dunn a Firm of the Year for 2021 in its January 17, 2022 article “The Firms That Dominated in 2021,” featuring nine firms that received the most Practice Group of the Year awards. The publication noted that “Gibson Dunn & Crutcher LLP led the pack, picking up the top Firm of the Year spot with eight wins.”

        • Unified Patent Court milestone reached as preparatory work begins [Ed: This intentionally omits any mention of the illegality of the move and impending barrier, legal challenges etc. It only destroys the credibility of the whole system]

          Final preparations to establish the Unified Patent Court (UPC) in Europe will ramp up in 2022 after an important legal treaty entered into force. It is now expected the new court system will become operational early next year.
          The Protocol to the Agreement on a Unified Patent Court on provisional application (PAP-Protocol) was formally ratified by Austria, which deposited its instrument of ratification on Tuesday, meaning the number of ratifications from participating UPC system members had reached the required threshold – 13 – to enable the PAP-Protocol to enter into force on Wednesday.

        • Patenting Alloys At The EPO: Clarity [Ed: EPO seems to be granting patents even illegally these days, and nobody is stopping it]

          The European Patent Office has developed a consistent approach to the examination of patent applications relating to alloys, taking into consideration the unique nature of these important industrial materials.

        • Edging towards a circular model: recent innovation in the design and recycling of plastics [Ed: Despite all the greenwashing, the EPO, by granting patents on these things, makes the planet worse off]

          But thanks to scientific advancements, there may be hope still. The recent report from the European Patent Office (EPO) Patents for tomorrow’s plastics describes promising innovation over the last decade in two key areas

        • The European Unitary Patent And Unified Patent Court – January 2022 Update [Ed: No, UPC is not just “delayed”; it’s illegal, it’s still being challenged in numerous fronts, but patent litigation firms keep lying about it]

          After years of delay caused by legal challenges in Germany to ratification of the Agreement on a Unified Patent Court (also known as the “UPC Agreement” or “UPCA”), it now seems that the Unified Patent Court (UPC) and the European Unitary Patent (UP) will come into effect in 2022. Indeed, the UPC and the European Patent Office are indicating that the UPC is expected to commence operations in mid-2022.

        • IP Funding For SMEs In The EU [Ed: There is no such thing as "IP" and whatever he actually refers to is designed to protect monopolies at the expense of SMEs]

          Protecting your intellectual property (IP) is essential to ensure that your brand, ideas, products and services are not used or copied without permission. IP rights, including patents, trade marks and designs, can form valuable assets for a business, and can be an important consideration for investment in, or valuation of, a business.

          The ‘Ideas Powered for Business’ SME Fund is a European Commission initiative implemented by the European Union Intellectual Property Office (EU IPO), through which successful applicants can receive grant funding towards intellectual property costs.

        • beDRP: admissibility and probative value of documents from the Wayback Machine

          Are web archives stored in Wayback machines (including Archive.org) admissible in legal proceedings and, if so, what would be their probative value? Lawyers specializing in settlement of disputes relating to domain names constantly utilize this mine of information, as evidenced by the following examples:


          Whether it is a question of demonstrating the bad faith of the holder of a domain name or, on the contrary, proving the legitimate right/interest of the latter, the Wayback machines can be of considerable help.
          A remarkable CEPANI decision recently demonstrated, once again, the efficacy of the Wayback Machine (CEPANI, 444149, La SRL ASBL / La SA Perceval Technologies, December 8 2021, <asbl.be>, denied, sole panelist Emmanuel Cornu). A Belgian company called ASBL planned to obtain control of the domain name <asbl.be>, held by Perceval Technologies since 2000. ASBL claimed that Perceval Technologies had registered the domain name in bad faith. According to the complainant, the passive holding of the domain name for more than twenty years revealed the Respondent’s bad faith. However, the latter established a legitimate use of the domain name, at least for a time. Indeed, Perceval Technologies had effectively used <asbl.be> to offer Internet services (including subdomains, such as <name.asbl.be>) to non-profit associations (Associations Sans But Lucratif, in French).

        • CAFC reigns in obvious-try-attack against dosage patent (Teva v Corcept) [Ed: EPO breaks its own rules]

          The reasoning of the CAFC makes a striking contrast to how the doctrine of “obvious-to-try” is applied by the EPO and the national courts of Europe.


          As directed, Corcept conducted a clinical trial of mifepristone and strong CYP3A4 inhibitors combination therapy (Nguyen et al.). The patent (US10195214) was based on the results of this clinical trial, which was carried out in healthy volunteers. The patent particularly claimed a method of treating a patient by reducing their mifepristone dose from 1200 mg or 900 mg per day, to 600 mg in combination with a strong CYP3A inhibitor.

          Teva brought post-grant review proceedings against the patent, arguing that the invention would have been obvious-to-try in view of the KORLYM label, alone or in combination with the FDA’s guidance on drug-drug interaction studies. From Teva’s point of view, the case was “an uncommonly clear-cut obviousness case”, given that the prior art disclosed the problem, the solution and the way to find the solution.


          In Europe, the obvious-to-try hurdle for dosage regime cases is thus much higher than the standard set by the CAFC in Teva vs Corcept. Whilst the fact of the cases differ, the PTAB and CAFC reasoning in Teva vs Corcept is markedly different, for example, to the reasoning of the UK High Court in Bayer v Teva [2021] EWHC 2690 (Pat) (IPKat) and Actavis v ICOS (IPKat), in which inventions arising from multi-step drug development programs were found obvious-to-try in view of a known treatment effect for a particular drug, regardless of whether there was an unpredictable technical effect. By contrast, in Teva v Corcept, a direct and public instruction from the FDA to carry out a clinical trial at the claimed doses was not considered detrimental to the inventiveness of the claimed doses.

          From a US perspective, the decision in Teva v Corcept appears to incentivise later filing for dose inventions. Nonetheless, for global filings, the trickier challenges to patentability of dose claims in Europe cannot be ignored.

        • Provisional Phase Of The UPC Can Now Begin [Ed: UPC is patently illegal, so what Team UPC boasts about here is a violation of the law; they’re just eager to spread fake news to distract from simple facts]

          With the deposit on 18 January 2022 by Austria of its instrument of ratification for the Protocol on Provisional Application Period (PAP- Protocol; see here), the UPC’s Provisional Phase can now begin. The Provisional Phase allows for the finalisation of secondary legislation and Rules of Procedure, the Court filing system and IT infrastructure, financial budgets, and most importantly, the hiring of the UPC’s staff, including the appointment of judges.

        • Intelligent digital assistant in a multi-tasking environment

          I held a contest and Apple wins–for having the patent with the largest number of cited prior art references (patents issued 2005-2021). Apple’s U.S. Patent No. 11,037,565 is directed to a version of Siri that works across devices – an “Intelligent digital assistant in a multi-tasking environment.” The total, 9,441 cited references — 3 of which were cited by the examiner. Apple.Patent.


          in accordance with a determination to continue providing the media output at the second electronic device: cause the second electronic device to continue providing the media output by resuming the media output based on where the media output was previously stopped at the first electronic device.

        • Upcoming changes to the European patent system: The Unitary Patent and Unified Patent Court [Ed: More misleading nonsense from Team UPC; spreading fake news about illegal campaigns to start something in spite of many legal barriers will leave these lawyers' reputation bruised as before]

          The European patent system is undergoing major changes that will impact all patent filers in Europe. After years of legal and political hurdles, the long-awaited Unitary Patent and Unified Patent Court should soon see the light of day, and possibly by the end of 2022.

        • The UK Call for View on Standard Essential Patents and the Case for Arbitration [Ed: “UK Intellectual [sic] Property [sic] Office (UKIPO) is nakedly plutocratic]

          Recently, the UK Intellectual Property Office (UKIPO) has launched a call for views in order to better understand how effective the current Standard Essential Patents (SEPs) framework is in encouraging creativity, innovation, and promoting competition. Ultimately, the call aims to determine whether legislative changes are required. An interesting aspect of this call is that an emphasis is made on arbitration as an alternative to litigation.

        • KOL373 | Against Intellectual Property (audiobook #2)

          This is an audiobook version of my Against Intellectual Property.

        • AutoStore, Ocado Fight Over Status Of High Court IP Claim [Ed: Instead of giving of food and jobs to people they give money to lawyers and patent offices, then sue one another; so part of the price of food will be "litigation tax"; ain't that just lovely?]

          Norwegian robotics company AutoStore has said it will add two more patent claims to an ongoing intellectual property battle with Ocado, rebutting claims by the online grocery chain that it is abandoning its lawsuit.

          AutoStore said on Wednesday that it has focused on three of its patent claims in its High Court row with Ocado Group PLC, which has contracts with British high street chains including Marks & Spencer, over automated warehouse technology. The company said it plans to widen the lawsuit by bringing two more patents into the mix.

        • How ‘best method’ became a major pitfall for foreign (and domestic) patent owners in Australia [Ed: Patents do not have owners and they're not property; but more to the point though, Australia seems to have fallen for British charlatans who successfully conned a court into thinking "bots" are "inventors"]

          Failure to disclose the best method known to the patentee of performing the invention[1] has proven to be a powerful ground of attack in Australia – if successful, it is capable of rendering all claims of the patent invalid. While other key jurisdictions have abandoned the best method requirement (it was abolished in the US in 2011, the UK in 1977, and is not a consideration under European laws), it is still a requirement under Australian patent law – despite calls for its abolition.


          In the case of Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27 (Servier) Servier’s patent was found to be invalid on the sole basis that it did not disclose the best method known to it of performing the invention. The primary judge found that the patentee’s description of its best method was “wholly inadequate’,[2] and the Full Court of the Federal Court of Australia upheld the primary judge’s findings. The patentee had provided a high level description that the invention directed to arginine salt of perindopril was ‘prepared according to a classical method of salification of organic chemistry’ (emphasis added).[3] While it was common ground between the experts that it was possible to produce an embodiment of the invention claimed, this was insufficient to meet the requirement of best method as the skilled person would have had to engage in ‘extensive trial and error experimentation’.[4] The Court found that even though the invention was for a product and not a process, the best method obligation was not met by simply identifying the claimed compound.

        • Sigma-Aldrich Files Substantive Preliminary Motion 1 to Change the Count in Interference No. 106,133 [Ed: Here come the patent extremists who seriously want you to believe that life and nature are human inventions and some robber baron should monopolise it all]

          On November 19th, Senior Party Sigma-Aldrich filed its Substantive Preliminary Motion No. 1 in CRISPR Interference No. 106,133 (where the University of California, the University of Vienna, and Emmanuelle Charpentier, collectively “CVC” is Junior Party) asking the Board to substitute the Count pursuant to 37 C.F.R. §§ 41.121(a)(1)(iii) and 41.208(a)(1).


          Citing 37 C.F.R. § 41.201, Sigma-Aldrich maintains that an interference count should not encompass two patentably distinct inventions. This principle is supported by Judge McKelvey’s and subsequent Board decisions, citing Ashurst v. Brugger, Int’f No. 105,482 (McK), 2008 Pat. App. LEXIS 5953, *51-52 (BPAI July 16, 2008), and Edelman v. Stomp, Int’f No. 105,261 (SGL), 2006 Pat. App. LEXIS 17, *18-19 (PTAB Apr. 14, 2006). CVC’s portion of the Count as declared encompasses “cleaving or editing the target DNA molecule or modulating transcription of at least one gene encoded by the target DNA molecule” whereas Sigma-Aldrich’s portion of the Count as declared is expressly limited to “modifying a chromosomal sequence in a eukaryotic cell by integrating a donor sequence” (emphasis in brief). (And, facing inventors who were awarded the Nobel Prize for their achievements it is perhaps understandable that Sigma-Aldrich characterizes “its” portion of the Count as “this final integration step represents a milestone accomplishment in CRISPR-Cas9 genome engineering—not simply cleaving a DNA strand, but thereafter actually modifying the chromosomal sequence by integrating into that cleaved strand a donor polynucleotide by HDR.”) And importantly for arguments set forth later in the brief (and the non-obviousness argument supporting patentable distinctiveness), Sigma-Aldrich states that at the time of its first filing date, December 6, 2012, “while . . . a POSITA would have hoped that this advance in genome engineering could be accomplished, whether such an achievement would be accomplished remained speculative.”

        • Netlist, Inc. (OTCMKTS: NLST) Major Reversal brewing (912) Seminal Patent (JDLA Update) | Micro Cap Daily

          The move up came after the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Patent Trial and Appeal Board’s decision upholding the validity of Netlist’s U.S. 7,619,912 (‘912) patent that applies to DDR server memory modules. The (‘912) patent is a seminal patent; an invention so impactful that it creates or shifts the technology space.

        • After more than 12 years, HTC and Fortress’s IPCom settle standard-essential patent dispute over former Bosch and Hitachi patents [Ed: IPCom should not even exist; it's a parasite and a yoke on the economy, curtailing not only science but also Germany and the EU at large; if the patent system submits to such an agenda, no sane person will respect it anymore]

          What an understatement. In the standard-essential patent (SEP) space, any dispute that last more than two years is already “long-running” by my definition–and I doubt anyone watching that space would dispute that a four- or five-year patent spat is “long-running.” This one here lasted more than a dozen years–an eternity that has finally come to an end.

          Over the years I attended several IPCom v. HTC trials in Germany, mostly in Mannheim, where Deutsche Telekom recently sued for a refund to the tune of 270 million euros. HTC and Nokia were the first two smartphone makers IPCom sued after acquiring a 3G SEP portfolio from Bosch, a company that used to make phones but exited that business even earlier than the likes of Nokia and Ericsson. The fact that HTC and Nokia had to defend against many of the same patents turned those two competitors–otherwise rivals–into brothers-in-arms. In-house and outside counsel of both companies coordinated their defenses like they were one company. Even when Nokia sued HTC over non-SEPs in 2012 (and ultimately got HTC to pay some additional royalties), their friendship survived. They were seen drinking beer on high-speed trains from Mannheim to the Cologne-Dusseldorf region just hours after fighting hard in court.

          While I occasionally disagreed with him and disapproved of a couple of remarks he made at the Nokia-HTC settlement party (after inviting me as a surprise keynote speaker), I do wish to give credit to the late Manuel Chakraborty, a Hogan Lovells partner and HTC’s outside counsel against IPCom and Nokia at the time.

        • IPCom settles 15-year SEP dispute with HTC [Ed: IPCom is just a massive patent troll from Germany; of course JUVE won't mention this because it's in the pocket of firms that profit from the trolling]

          The Bavaria-based NPE has announced that HTC signed a licence agreement covering all of IPCom’s assets. IPCom holds over 200 patent families involving mobile communications, with over 1,000 patents registered in Europe, the US and Asia. Most of these patents have been granted.

          IPCom and HTC end dispute

          The companies have not released financial details of the agreement. However, it ends their patent litigation which began in 2007 when IPCom sued Nokia and HTC. Later, the NPE added lawsuits against Apple, Samsung and other mobile phone manufacturers in Germany. IPCom tried to enforce former UMTS patents from Bosch.

          According to a report by IAM, Apple is also said to have recently accepted a licence from IPCom. However, the parties have not yet confirmed this.

          About two years later, IPCom also sued Nokia in the UK over the former Bosch patents. Later, the NPE launched lawsuits against HTC for infringement of the 100a patent.

        • Over $100 million Patent Damages Decision [Ed: How truly absurd patent law can become]

          Back in October 21, 2021, the Court of Federal Claims decided to award over $100 million dollars concerning patent infringement against the United States Transportation Security Adminsitration (TSA) in SecurityPoint Holdings v. United States. Independent claim 1 of the patent

        • Engle Grange patent held invalid [Ed: USPTO issues fake patents and PTAB confirms that these should never have been granted in the first place (but only because lawsuits were being filed; millions of fake patents remain unchallenged)]

          On January 19, 2022, the Patent Trial and Appeal Board (PTAB) issued a final written decision in Unified Patents, LLC v. Engle Grange, LLC holding all challenged claims of U.S. Patent 8,548,645 invalid. The ‘645 patent is generally directed towards a two-step key fob authentication system for an automobile. The patent was asserted against Ford in early 2020.

          View district court litigations by Engle Grange. To read the petition and view the case record, see Unified’s Portal. Unified was represented by in-house counsel, David Seastrunk and Roshan Mansinghani, in this proceeding.

        • Final UPC preparations begin after Austria decision [Ed: Of course the patent maximlaists are failing to note that UPC is illegal and unconstitutional; they help relay fake news for litigation conglomerates that sponsor the fake news.]

          The Unified Patent Court entered into its final preparatory phase on Tuesday, January 18, meaning that the court could open by the end of the year.

          Austria confirmed on Tuesday that it had completed its ratification of the protocol to the UPC Agreement, allowing the court’s provisional application period (PAP) to begin.

          The PAP protocol lets the UPC become a legal entity and allows organisers to complete their remaining work. Outstanding tasks include the hiring of staff and judges, as well as the completion of a new IT system.

          The UPC Preparatory Committee estimates that this process will take at least eight months.

          The UK’s withdrawal from the UPC threatened the success of the project at one point, as did a series of constitutional challenges in Germany. But the decision from Germany’s Federal Constitutional Court last year to dismiss two complaints cleared the way for the UPC to move forward.

          Not all signatories to the UPC Agreement have finished ratifying it, meaning countries such as Ireland are now under pressure to complete this process by the time the court becomes operational.

        • US trends and events patent counsel should watch in 2022 [Ed: Patent maximalist (funded by litigation firms) Patrick Wingrove only ask lawyers about Microsoft Vidal; any other opinions? Not welcome…]

          In-house lawyers in pharma, tech, telecoms and NPE businesses say they’re keeping an eye on Kathi Vidal, litigation funding and western Texas

        • CMS rebuilds London patent practice with Allen & Overy hire [Ed: Amy Sandys is marketing spam disguised as “journalism”; in this case, the hiring of one relatively low-level person is spun as “news”; but it’s PR spam and you can follow the money to realise what motivates such fake news; that’s what JUVE became. Firms hire people all the time; but for JUVE, if that’s a client, then it’s time for storytelling and marketing disguised as “reporting”.]

          Toby Sears (36) has joined the IP team at CMS Cameron McKenna Nabarro Olswang as a partner. Previously, Sears was at Allen & Overy, where he was a senior associate for four years. Prior to this, he spent six years at Bird & Bird.

        • FOSS Patents: Ericsson seeks U.S. import ban against iPhone, iPad, Apple Watch; accuses Apple of ‘reverse hold-up’ in 4G/5G patent licensing negotiations

          I’ve just been able to obtain the complaint Ericsson filed against Apple yesterday with the United States International Trade Commission, seeking a U.S. import ban of 4G and 5G Apple products (iPhones, iPads, and Apple Watches; I’ll provide the full list further below). As I speculated in my previous post on Ericsson v. Apple, one of the two patent infringement lawsuits Ericsson filed yesterday with the United States District Court for the Western District of Texas is a companion complaint to an ITC complaint–and as I figured, it’s the one in which Ericsson is asserting four patents:

          U.S. Patent No. 8,102,805 on “HARQ [Hybrid Automatic Repeat reQuest] in spatial mutiplexing MIMO [multiple-input multiple-output] system”

          U.S. Patent No. 9,532,355 on “transmission of system information on a downlink shared channel”

          U.S. Patent No. 10,425,817 on a “subscription concealed identifier”

          U.S. Patent No. 11,139,872 on “codebook subset restriction signaling”


          In principle, Ericsson can try to add to that list any Apple products released in the coming months.

        • FOSS Patents: Apple countersues Ericsson, seeks U.S. import ban against mobile base stations, and proposes that both parties withdraw all patent infringement actions, let Texas court set license fee

          The flurry of Ericsson-Apple filings with the United States International Trade Commission (USITC, or just ITC), a U.S. trade agency with the quasi-judicial power to U.S. import bans, continued yesterday. For information on Ericsson’s three compaints against Apple, may I refer you to my most recent post on the dispute, which contains a hierarchical overview of the seven U.S. cases I had previously discovered (one FRAND action by either party, two federal lawsuits by Ericsson, and three ITC complaints by Erisson).

          As I wrote, it was a given that Apple would countersue, though the wide discrepancy in the parties’ exposure to patent assertions makes it unlikely that Apple can gain decisive leverage that way. And indeed, Apple has now also brought a request for a U.S. import ban against Ericsson’s mobile infrastructure products, asserting three mmWave-related patents…

        • FOSS Patents: Ericsson sues Apple in three German courts, the Netherlands, and Brazil over 5G and other patents (in addition to handful of U.S. cases)

          For an overview of Ericsson’s U.S. patent infringement actions against Apple (three USITC complaints and two federal lawsuits in the Western District of Texas), may I refer you to a very recent post. Apple filed a countercomplaint with the ITC over three patents and all of a sudden declared itself a big fan of the United States District Court for the Eastern District of Texas.

          The choice of the three German courts is unsurprising, and if I interpret Juve Patent correctly, Ericsson filed two cases each in Dusseldorf and Mannheim, but more than two in Munich (as would I in their shoes).

          One or more filings with the Dutch court were also more than predictable, given that Ericsson sought an anti-antisuit injunction there last year. And just like the three German courts, the Dutch court is also one of the venues Ericsson chose for last year’s dispute with Samsung (which got settled pretty quickly).

          In Brazil, Apple is not the first company against which Ericsson enforces patents: the Swedish company already did so against TCL, as articles from Brazil like this one confirm.

        • FOSS Patents: Ericsson sues Apple over infringement of 5G and other patents upon expiration of license agreement–Apple now facing an ‘Epicsson’ dilemma

          Ericsson’s patent cross-license agreement with Apple has expired, and no renewal has been agreed upon, which is why infringement litigation became inevitable. IAM was first to spot two filings by Ericsson against Apple in the Western District of Texas over four patents in one case and eight in the other. Apple will predictably retaliate, but Apple’s exposure to patent assertions dwarfs Ericsson’s. When there was no announcement of a renewed license agreement or renewed litigation after the turn of the year, I thought the middle of the month was going to be when we would hear more.


          Having seen Ericsson enforce patents against Apple and other parties in the past, I assume that one of the two complaints is a companion complaint to a Sec. 337 complaint with the United States International Trade Commission (“ITC”), seeking an exclusion order (aka import ban). Most likely the 22-cv-60 case (over four patents) is the companion complaint as the ITC urges complainants to focus on a small number of patents so it can keep its schedule (it is also possible to start an ITC case with many patents and to then narrow it by dropping most of the patents-in-suit, but I doubt that that is the plan here). I’m also pretty sure that Ericsson has near-simultaneously filed complaints with courts in other jurisdictions, among them almost certainly Germany, where Munich is the new number one and Mannheim continues to be a key venue.

        • Final hurdle cleared for UPC preparations to start [Ed: Everything here, including the Bristows headline, is a lie; many legal obstacles remain and some are entirely untenable, impossible to clear; Team UPC is just engaging in criminal behaviour now, boosted by its own fake news]

          It appears that yesterday, as recorded here, Austria finally deposited with the Council of the EU its instrument of ratification of the Protocol on the Provisional Application (PPA) of the Unified Patent Court Agreement (UPCA). This means that sufficient countries have now met the requirements for the PPA to commence (see here). In this provisional application phase, the UPC’s legal capacity and organisational capability is established and final preparations for the opening of the Court can be made. The Preparatory Committee has estimated that these preparations may take about 8 months, with the work including assembly of the Court’s governing bodies, adoption of all the secondary legislation, and finalisation of the budget, the IT systems and the recruitment of the judges. The EPO will also make final preparations for the introduction of the unitary patent.

        • Off we go! The Unified Patent Court is officially born. [Ed: Even the compromised IP Kat is promoting fake news at the moment]

          The entry into force of the Protocol on Provisional Application of the UPC Agreement has been a major milestone for the actual birth of the Unitary Patent Court.

        • UPC – Provisional Application Period enters into force [Ed: Thorsten Bausch (Hoffmann Eitle) could do a lot more to explain — as commenters do — that what’s happening here is illegal; this harms the image of law firms, as they’re engaging in organised crime]

          According to the Commission’s Website, Austria has deposited its instrument of ratification yesterday, which means that the Period for Provisional Application begins today.

        • [Market Eye] Korean tech giants fall prey to patent trolling [Ed: Korea gets Karma for KIPO; all that patent maximalism in the overworked Kingdom is harming the 'Kapital']

          Though the pandemic has driven record-breaking profits for tech firms, as demand for at-home leisure and communications hardware rises, it has also brought a growing threat from patent trolls.

          Companies specializing in exploiting patent rights have been buying up intellectual property from firms struggling with the pandemic and using it as ammunition against Korean firms.

          The approach is often seen as a “file-and-settle” strategy, as their targets often prefer to avoid fighting a time-consuming court battle and the costs associated with it, even if they are likely to win the case.

        • UPC preparation phase officially begins [Ed: JUVE‘s Mathieu Klos is still a mouthpiece of Team UPC (follow the money), in effect promoting a crime using a “journalist” hat]

          Austria was the 13th member state that still needed to deposit its instrument of ratification and trigger the PAP. At the beginning of December 2021, the Austrian parliament ratified the UPC protocol. At the time, it did not deposit the instrument with the European Council. However, from today, the UPC can officially begin its preparatory phase.

          Protocol dictates that 13 UPC countries must ratify and deposit the instrument in Brussels, in order for the protocol to enter into force.

          The next interesting decision is the selection of judges. Furthermore, it must be decided where the UPC Central Divisions will locate its pharmaceuticals and chemicals parts, following the UK’s departure from the project.

        • UPC Preparatory Committee confirms provisional application period has started [Ed: Boosted by parent networks, Gregory Bacon from lying firm Bristows is now a megaphone of fake news from Mr. Ramsay, pursuing an illegal agenda, based entirely on lies and abuses]

          Following Austria’s deposit of its instrument of ratification of the Protocol on the Provisional Application (PPA) of the Unified Patent Court Agreement (UPCA) (reported here), the UPC Preparatory Committee has reported here that the PPA came into force today. The Committee has outlined the final work for establishing the Court that can now start and states this period will last at least 8 months.

        • Opinion: Irish UPC saga one to watch in 2022 [Ed: The UPC is not pressing ahead (it is still illegal), but this corrupt publisher, bribed by Team UPC, is paid to produce loaded headline and mislead politicians et al with fake news]

          The UPC is pressing ahead, but Ireland has plenty left to do if it wants to take part

        • Watch Party Moves to N.D.Cal. [Ed: Texas has received nothing short of international notoriety for its crooked patent courts where the goal isn't justice but money]

          This was an easy mandamus transfer. The plaintiffs, CA Inc. and Avago Technologies Int’l, are both subsidiaries of Broadcom Corp. The plaintiffs are both headquartered in San Jose and Broadcom is down in Southern California. Netflix is also Silicon Valley. Still, the plaintiffs sued Netflix for patent infringement in the Eastern District of Texas. Although Netflix itself does not have a place of business in EDTex, the district court found that its intimate relationship with ISPs to provide local content delivery was sufficient. The vast majority of Netflix content is delivered directly from local residential Internet Service Providers (ISPs).

        • [Older] Patent Owner Loses Everything at PTAB [Ed: Patent bubbles bursting aplenty in recent years; it's mostly a cartel system for large corporations that cross-license, in bulk, a whole lot of junk]

          In Mati Therapeutics, Inc. v. Ocular Therapeutix, Inc., the Federal Circuit issued a Rule 36 opinion affirming the Patent Trial and Appeal Board’s (“PTAB’s”) Final Written Decision (“FWD”) holding all challenged claims unpatentable. Ocular Therapeutix, Inc. v. Mati Therapeutics, Inc., IPR2019-00448, Paper 56 (P.T.A.B. June 18, 2020), aff’d (Fed. Cir. Nov. 8, 2021).

        • [Older] Thaler v Comptroller General of Patents, Trade Marks and Designs: Court of Appeal Judgment on Machine Inventors [Ed: This provocateur is being spurned and humiliated by patent offices and courts for trying to insinuate patents are something a computer can just spew out]

          The Court of Appeal (Arnold LJ, Laing LJ and Birss LJ) handed down its judgment in Thaler v Comptroller General of Patents Trade Marks And Designs on 21 September 2021. The court held, with Birss LJ dissenting, that the judge of first instance (Marcus Smith J) was correct in his dismissal of the appeal.

          The appellant, Dr. Thaler, had originally applied for two patents at the UKIPO, listing his artificial intelligence (“AI”) machine DABUS as the inventor for both. The UKIPO found that DABUS is not a person as envisaged by s. 7 and s. 13 of the UK Patents Act 1977 (the “1977 Act”) and so cannot be considered an inventor, and that Dr. Thaler had not provided a satisfactory derivation of his right to be granted the patents. The patent applications were therefore deemed withdrawn. Dr. Thaler then appealed this decision to the High Court, where his appeal was dismissed by Marcus Smith J.

        • [Older] Federal Circuit Affirms Invalidity of Method of Treatment Patent for Lack of Written Description in Hatch-Waxman Case [Ed: More fake patents, as confirmed by a regional and high court alike in the US]

          On November 30, 2021, the Federal Circuit affirmed the Northern District of West Virginia’s invalidity finding as to a method-of-treatment patent, based on a lack of written description.

          Plaintiffs Biogen International GmbH and Biogen MA Inc. alleged Mylan Pharmaceuticals Inc. infringed several patents listed in the Orange Book for Tecfidera®, a dimethyl fumarate capsule indicated for the treatment of certain forms of multiple sclerosis. Among the asserted patents was U.S. Patent No. 8,399,514, which claims a method of treating MS with DMF and which was the sole patent addressed in the opinion.

        • [Older] China’s Supreme People’s Court Rules No Accounting for Profit for Joint Patent Ownership [Ed: Technically patents are not owned but assigned, and moreover they are never property]

          In decision no. (2020)最高法知民终954号 dated November 25, 2021, China’s Supreme People’s Court ruled that if the co-owners of a patent or patent application right do not make an agreement on the exercise of the right and one of the co-owners independently practices the patent, the other co-owner cannot claim the distribution of the proceeds from the separate practicing of the patent on the grounds of co-ownership of the patent right.

        • [Older] Apple wins latest round of UK patent dispute with Optis [Ed: Optis exists for nothing but lawsuits, so no matter who it is suing, it deserves no sympathy or support]

          US technology giant Apple has successfully argued that it is not responsible for infringing a patent for technology that supports continued connectivity during mobile phone calls.

          Although the Court of Appeal in London rejected Apple’s claims that the patent owned by telecoms company Optis Cellular Technology was invalid, it accepted its case that the patent was not ‘essential’ to a communications standard and that it had not infringed the patent.

        • [Older] USPTO To Propose Paperless Patents [Ed: Greenwashing of patents and patent offices whose output contributes to waste and pollution for monopolies’ sake]

          In a Director’s Forum blog post published December 10, 2021, the USPTO announced plans to issue proposed rule changes relating to the format in which U.S. patents are issued, making electronic patents the norm, with something akin to today’s ribboned copies available upon request (and for a nominal fee). Many of you reading this may wonder what took so long, but as with many government agency practices, it turns out there’s a statute that had to be reckoned with before the USPTO could go paperless.

        • Software Patents

          • [Older] The Dust Settles Further in Relation to Patents for Computer Implemented Inventions in Australia [Ed: Australian courts have already struck down, rejected software patents, so some greedy law firms are adopting misleading terms from the EPO, e.g. CII]

            Last month we wrote about the Full Federal Court’s decision in Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202 (Aristocrat), which concerned the patentability of computer implemented inventions (CIIs).

            This month, the Full Court determined another appeal regarding CIIs: Repipe v Commissioner of Patents [2021] FCAFC 223. The decision concerned two patent applications by Repipe Pty Ltd that disclosed systems and methods for providing information to field workers by way of a central computer server connected to a GPS-enabled mobile device (i.e. a smartphone). The applications were treated as the same for all relevant purposes at trial and during the appeal.

          • $4,000 for prior art on another set of Big Will Enterprises patents

            On January 4, 2022, Unified Patents added two separate PATROLL contests with an opportunity to collect up to $4,000 in cash for prior art on at least claim 1 of two patents – U.S. Patent 8,559,914 and U.S. Patent 8,737,951. The patents are owned by Big Will Enterprises, Inc., an NPE. The patents generally relate to an interactive personal surveillance and security (IPSS) system for users carrying wireless communication devices. The patents have been asserted against Montblanc, Unaliwear, and Kronoz.

          • Causam Enterprises patent challenged

            On January 18, 2022, Unified filed a petition for inter partes review (IPR) against U.S. Patent 10,396,592. The ‘592 patent is owned by Causam Enterprises, Inc., an NPE. The ’592 Patent relates to active load management systems and has been asserted in district court and the ITC against Ecobee, Resideo, Alarm.com, Xylem, and Itron.

          • WSOU ’770 patent likely invalid

            On January 11, 2022, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 7,333,770, owned by WSOU Investments, LLC. The ‘770 patent is generally related to broadcasting data in a telecommunications system and is being asserted against TP-Link Technology Co.

          • FOSS Patents: ‘Access Advance’ patent pool can rename itself ‘Suffer Setback’ after Dusseldorf court ruling: flagrant FRAND abuse concerning video codec patents [Ed: These are abstract patents or fake patents leveraged in bulk by aggregate or cartel, HEVC Advance]

            The most recent IAM Sunday Digest mentioned the Access Advance pool firm’s VVC Advance announcement as well as the Dusseldorf Regional Court’s conclusion that the HEVC Advance pool’s terms are non-FRAND. I had mentioned the latter in a recent post on a wireless SEP dispute. While I haven’t been able (yet) to obtain a copy of the Dusseldorf decision, I have meanwhile seen reports by IAM (as I mentioned) and Juve Patent, and would like to add some observations.

            This is not going to be my last post on that set of cases and the underlying conduct, which I find egregious. A few organizations’ greed threatens to bring the very concept of patent pools into disrepute unless we all make the proper distinction between the vast majority of pools that serve their purpose–and an abusive outlier like Access Advance. It is equally important to understand that just because a company joined that pool as a licensor doesn’t necessarily mean that it has unclean hands. They aren’t all wrongdoers, but the Dusseldorf disaster should give the more reasonable ones among those Access Advance licensors pause, above all with a view to the latest and greatest in video codec standards: VVC.

            There’s a certain complexity and some specialized terminology, so let’s get an overview first.

          • How and why to protect algorithms and software – ClarkeModet [Ed: This firm profits from patent litigation so of course it’ll ignore rules against this kind of thing]
          • The EPO and UKIPO approaches to AI and patentable subject matter [Ed: EPO propaganda arm IAM keeps promoting illegal patents on algorithms, nowadays disguising these with buzzwords like “Hey Hi”]

            There are important ways in which the European and the UK patent offices differ when assessing the patentability of AI inventions, write Gemma Robin, Greg Ward and Ariana Sadr-Hashemi of Haseltine Lake Kempner in this co-published article

            Inventions relating to Artificial Intelligence (AI), and more particularly to machine learning, have been raising questions for the patent community since they first started appearing as the subject of patent applications.

          • Germany: Optimized Load Management: Technical [Ed: Bardehle Pagenberg continues promoting bogus patents like software patents; nothing will stop such greedy lawyers ]

            This decision relates to a European patent regarding a method for optimizing a chronological developing of consumption of electric energy by a group of different consumers with regard to a supply of electric power. The patent has been unsuccessfully opposed after grant and the opponent has filed an appeal. Here are the practical takeaways from the decision T 0199/16 of 27.8.2021 of Technical Board of Appeal 3.5.02:

          • Women in Business Law Awards Americas 2022: open for submissions [Ed: These fake awards are the real business model of this fake news propaganda mill, which takes money in exchange for Webspam and phony "endorsements" (false marketing)]

            We are delighted to announce the launch of the Women in Business Law Awards Americas 2022 research.

            Please follow the link below to nominate leading women practitioners, rising stars, firm initiatives, and in-house counsels and teams.

          • Dallas Invents: 71 Patents Granted for Week of Dec. 21 [Ed: More bogus software patents in breeding ground of patent trolls, who exercise "fake economy" "free market" 'parasitisation']

            Dallas Invents is a weekly look at U.S. patents granted with a connection to the Dallas-Fort Worth-Arlington metro area. Listings include patents granted to local assignees and/or those with a North Texas inventor. Patent activity can be an indicator of future economic growth, as well as the development of emerging markets and talent attraction. By tracking both inventors and assignees in the region, we aim to provide a broader view of the region’s inventive activity. Listings are organized by Cooperative Patent Classification (CPC).

          • The EPO and UKIPO approaches to AI and patentable subject matter [Ed: Haseltine Lake Kempner LLP is pushing software patents agenda using buzzwords, in a propaganda rag bribed by the EPO to spread fake news, to lie to politicians, and to promote patent trolls, cover up EPO crimes etc.]

            There are important ways in which the European and the UK patent offices differ when assessing the patentability of AI inventions, write Gemma Robin, Greg Ward and Ariana Sadr-Hashemi of Haseltine Lake Kempner in this co-published article

            Inventions relating to Artificial Intelligence (AI), and more particularly to machine learning, have been raising questions for the patent community since they first started appearing as the subject of patent applications.

      • Trademarks

        • Dutch court rejects claims for sui generis database protection of national company register – The IPKat

          In the era of fake news, reliable sources of information are more valuable than ever. When it comes to official registers held on a governmental level, administrative bodies are often tasked to ensure such registers are accurate and complete. Accessing those registers usually comes at a cost, prompting some commercial parties to offer the same information at a lower price.

          In a recent case before the Dutch (district) court of Midden-Nederland, the question arose whether database rights can be invoked to prevent third parties reusing and offering data retrieved from the national company register. For those Kats accessing a company register frequently, the decision is certainly worth the read.


          According to VVZBI, database right protection is based on the ‘economical incentive theory’, entailing that database protection should only be granted to risk bearing investments in a database. Without database protection, so the theory assumes, the database would not have been created in the first place, as an economical incentive to do so would be missing.

          Given that the KvK is statutorily tasked with creating and maintaining the company register, VVZBI argued that the investments could never qualify as risk-bearing economical investments. Consequently, the KvK had not substantially invested in the database in the sense of article 7(1) Database Directive, which is a prerequisite to exercise any rights over it.

        • TTABlog Test: Is SCOOPERFEST Confusable With SCOOPER BOWL for Ice Cream Festivals?

          The Dana-Farber Cancer Institute opposed an application to register the mark SCOOPERFEST for “organizing community festivals featuring primarily ice cream and also providing entertainment,” alleging a likelihood of confusion with the registered mark SCOOPER BOWL for “charitable fundraising by means of an ice cream festival.” Applicant Craig Marquardo claimed that the SCOOPER BOWL mark is conceptually weak, that the parties provide their services on opposite sides of the country, and therefore that confusion is not likely. How do you think this came out? Dana-Farber Cancer Institute, Inc. v. Craig Richard Marquardo, Opposition No. 91255611 (January 20, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson).

        • Anne Gilson LaLonde Agrees with Professor McCarthy’s Criticism of CAFC’s Brooklyn Brewery Decision and Adds Her Own

          Trademark expert Anne Gilson LaLonde, author of Gilson on Trademarks, has provided her comments on the CAFC’s recent Brooklyn Brewery decision [here], with errata [here], agreeing with Professor J. Thomas McCarthy’s criticism of the court’s view on standing [TTABlogged here] and adding her own criticism regarding the CAFC’s misinterpretation of its role in reviewing a TTAB decision.

        • TTABlog Test: Is PISSTERINE Confusable with LISTERINE for Mouthwash?

          J & J opposed an application to register the proposed mark PISSTERINE for non-medicated mouthwash, claiming likelihood of confusion with, and likely dilution of, its registered mark LISTERINE for, inter alia, medicated mouthwash, toothpaste, and dental floss. J & J established that its mark is famous for Section 2(d) purposes. The goods are overlapping or related, but what about the marks? What about parody? Johnson & Johnson v. Pissterine, LLC, Opposition No. 91254670 (January 18, 2022) [not precedential] (Opinion by Judge Jyll Taylor).


          Applicant did not submit any testimony or evidence, nor did it file a brief. In its answer, however, it did raise the issue of parody, claiming no likelihood of confusion and fair use. The Board observed that “Applicant’s intention for its mark to be a parody does not necessarily negate a finding of likelihood of confusion.” In short, “parody is not a defense if the marks would otherwise be considered confusingly similar.” Nike, Inc. v. Maher, 100 USPQ2d 1018, 1023 (TTAB 2011) .

        • Precedential No. 3: TTAB Grants Motion to Supplement Notice of Opposition to Add Post-Filing Trademark Applications

          Topco Holdings opposed registration of READY4LIFE for sanitizers for personal use, alleging a likelihood of confusion with its registered marks READY FOR LIFE and SIMPLY DONE READY FOR LIFE for various personal goods and cleaning products. On August 3, 2021, after Applicant Hand 2 Hand had answered, Topco filed a motion to amend and supplement its notice of opposition to add to its Section 2(d) claim by pleading two applications filed after this opposition was commenced (March 4, 2021), and also pleading common law rights, in the mark READY FOR LIFE for “[a]nti-bacterial hand wipes for personal use” and for “disposable sanitizing personal wipes,” claiming use of its mark since 2017. The Board granted the motion. Topco Holdings, Inc.v. Hand 2 Hand Industries, LLC, 2020 USPQ2d 54 (TTAB 2022) (Order by Interlocutory Attorney Katie Bukrinsky).


          “Affirmative Defenses”: Finally, The Board sua sponte struck the applicant’s “affirmative defense” of failure to state a claim because is “not a true affirmative defense.” See John W. Carson Found. v. Toilets.com, Inc., 94 USPQ2d 1942, 1949 (TTAB 2010). It allowed several other purported affirmative defenses to remain in the Answer, although they were merely amplifications of the applicant’s denials. See, e.g., ProMark Brands Inc. v. GFA Brands, Inc., 114 USPQ2d 1232, 1236 n.11 (TTAB 2015). And the Board struck as improper the applicant’s claimed “reservation of right” to assert additional affirmative defenses, since such addition would require a motion for leave to amend. See Philanthropist.com, Inc. v. The Gen. Conf. Corp. of Seventh-Day Adventists, 2021 USPQ2d 643, at *4 n.6 (TTAB 2021).

        • TTABlog Test: Is FLOREO (Spanish) Confusable With FLOURISH HOMES & Design for Real Estate Services? [Ed: Dictating monopolies on words from dictionaries is a slippery slope for trademark law]

          The USPTO refused to register the mark FLOREO for “real estate management services for properties owned by third parties” and for “reservation of temporary accommodations for vacation real estate properties that are owned by third parties,” finding confusion likely with the registered mark FLOURISH HOMES & Design (shown below) for “Providing temporary housing accommodations” [HOMES disclaimed]. The Board found that the services are either related or overlapping. But what about the marks? Applicant Unsalted argued that the marks differ in sound and appearance, and that the Spanish word “floreo” has many translations and meanings and in any case has not been significantly used in almost 200 years. How do you think this came out? In re Unsalted Vacations LLC, Serial No. 90312784 (January 12, 2022) [not precedential] (Opinion by Judge Christoper Larkin).


          The Board acknowledged that “flourish” is not the only translation of “floreo,” but “it is the translation that Applicant alludes to in its specimen.” The Board found that “the existence of meanings of ‘floreo’ in addition to ‘flourish’ does not preclude the application of the doctrine of foreign equivalents to Applicant’s mark because ‘flourish’ is the literal and direct translation most likely to be associated with it.”

        • Düsseldorf Higher Regional Court asks CJEU regarding the role of alternative designs in establishing functionality

          While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue (C-684/21). The case goes as follows.

          The claimant in the national case, Papierfabriek Doetinchem, is the owner of Community Design No 001344022-0006 for a “packaging device” i.e., a holder for paper rolls (see the image to the right). The claimant filed an infringement suit against a competitor, Sprick GmbH & Ho, in the Düsseldorf District court (LG Düsseldorf). The competitor, filed a counterclaim, seeking a declaration that the claimant’s Community design was invalid, on the ground that it is dictated by its technical function per Art. 8(1) Regulation 6/2002.

        • Turkish Patent And Trademark Office Updates The Guidelines Relating To Trademark Examination

          On August 18, 2021, TPTO published and updated guidelines pertaining to examination of trademark applications laying down principles/standards to be followed for assessment of confusing similarity between rival marks including evaluation of the likelihood of confusion as per Article 6(1) of IP code.

        • Around the IP Blogs

          Following a public consultation that took place between June and August 2021, the UKIPO recently announced that the government is not proposing to change the current IPRs exhaustion regime in the UK. MARQUES has provided further insight and commentary on this announcement.

        • UK’s future exhaustion of intellectual property rights regime: Summary of responses to the consultation [Ed: It's not property and these are not rights; the British government lies right from the headline...]

          In June 2021 the UK government launched a public consultation on the UK’s future exhaustion of intellectual property (IP) rights regime.

          The system of exhaustion of rights means that distributors and other traders are able to move goods (including component parts that make up goods) around a specified territory without the rights holder’s permission. This supports a market of secondary sales of legitimate goods, also known as parallel trade.

          Now that the UK has left the EU, the UK has an opportunity to decide its future regime for the exhaustion of IP rights. This decision is vitally important for the UK as it will govern future rules on parallel imports into the UK.

          The purpose of the consultation was to seek evidence and views from respondents to understand what the most appropriate exhaustion of IP rights regime would be for the UK. There were 4 options tested through consultation, with evidence and views required on what regime should be implemented, and if there were to be a change, how a new regime should be implemented.

        • UK to retain current exhaustion regime for now [Ed: That’s not because UKIPO cares about the actual interests or needs of the British population; it is a force of class occupation]

          The UK IPO has announced that the government is not proposing to change the current exhaustion regime, following a consultation held last year.

        • EU Trademark Body Hands Louis Vuitton a Loss in Fight Over Lookalike Mark [Ed: Bernard Arnault thinks he ‘owns’ the whole world and its culture, too. Rich people don’t keep getting richer because they’re smart or “successful” but because they write/pass/buy the laws. In other words, they write all the rules in their own favour.]

          Louis Vuitton has been handed a loss in its attempt to block the registration of a trademark that it claims looks a bit too much like one of its most well-known indicators of source. On the heels of initiating an opposition proceeding with the European Union Intellectual Property Office (“EUIPO”) in November on the basis that a mark that consists of an interlocking “N” and “L” is likely to confuse consumers about the source of the products upon which it appears (primarily, clothing, as well as belt clasps, zippers, and closures/buttons for clothing), the EUIPO’s Opposition Division has sided with the filing party, an unaffiliated individual named Aina Yang.

        • What Indian startups want from IP counsel, and how to help them [Ed: This cult of "IP" has already slaughtered hundreds of thousands of Indians, who died because of the patent cartels amid pandemic; and here come charlatans salaried by the patent profiteers (Sukanya Sarkar) cheering for those who hurt the country]

          Counsel from four tech-based startups in India discuss how IP is perceived in-house, its role in raising funding and why businesses must scale up IP capabilities

        • Top IP trends in LATAM’s biggest economies revealed: counsel | Managing Intellectual Property

          Brazil’s backlogs are getting better, Mexico’s IP office is preparing to decide damages, and Chile, Argentina and Colombia are going through other shakeups

        • UK: Pharmaceutical Trade Marks – Top Tips

          Pharmaceutical products can often attract patent protection. This affords the owner a monopoly in that product; however, the monopoly will only last a fixed period, after which it is open season for competitors. Choosing a strong, resilient brand name will help foster brand loyalty and encourage customers to continue purchasing your product even when other (potentially cheaper) products have become available. Obtaining a trade mark registration for your brand name allows you to stop other businesses cashing in on your brand loyalty/success. It also affords protection against inferior products tainting your hard-earned brand recognition.

          Pharmaceutical trade marks require regulatory approval. In the UK, the appropriate body is the Medicines and Healthcare Products Regulatory Agency (MHRA). The MHRA will reject a proposed pharmaceutical brand name if they believe that: (i) consumers will confuse the chosen name with the name of an existing medicine; (ii) the chosen name is misleading; or (iii) the chosen name is considered unsafe. Regulatory approval is required before a pharmaceutical product can be sold under the chosen name.

        • The Danger Of Using Your Name As A Trade Mark – Intellectual Property – UK

          Registering your own name as a trade mark for your business may seem a good way to build up a reputation in your chosen industry. However, business owners should also be aware of the potential danger of doing so.

          If a business owner registers their own name as a trade mark and eventually wants to, or needs to sell that business, it is likely this will involve selling the trade mark rights in their name. This is because much of the value of a business is often in the name itself, particularly in the creative industries, such as fashion design. As a result, ex-owners may be prevented from conducting business under their own name in the future, as this may amount to trade mark infringement.

      • Copyrights

        • Digital Services Act: regulating platforms for a safer online space for users [Ed: This has nothing at all to do with safety; it's about safeguarding the wealth of the super-rich, ensuring they just get richer and richer over time, at everybody else's expense]

          MEPs agreed a draft set of measures to tackle illegal content, to ensure platforms are held accountable for their algorithms, and improve content moderation.
          The text approved today by Parliament with 530 votes to 78, with 80 abstentions, will be used as the mandate to negotiate with the French presidency of the Council, representing member states.

          After the vote, Christel Schaldemose (S&D, DK), who is leading the Parliament’s negotiating team, said: “Today’s vote shows MEPs and EU citizens want an ambitious digital regulation fit for the future. Much has changed in the 20 years since we adopted the e-commerce directive. Online platforms have become increasingly important in our daily life, bringing new opportunities, but also new risks. It is our duty to make sure that what is illegal offline is illegal online. We need to ensure that we put in place digital rules to the benefit of consumers and citizens. Now we can enter into negotiations with the Council, and I believe we will be able to deliver on these issues”

        • European Copyright Society (ECS): Comment on Copyright and the Digital Services Act Proposal

          On 15 December 2020, the European Commission submitted a proposal for a Regulation on a Single Market For Digital Services (Digital Services Act, DSA) and amending Directive 2000/31/EC. In November 2021, the Council of the European Union reached agreement on an amended version of this proposal, and on 20 December 2021, the European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO) released a draft for an EP legislative resolution. The legislative project “seeks to ensure the best conditions for the provision of innovative digital services in the internal market, to contribute to online safety and the protection of fundamental rights, and to set a robust and durable governance structure for the effective supervision of providers of intermediary services”. To achieve these aims, the DSA sets out numerous due diligence obligations of intermediaries concerning any type of illegal information, including copyright infringing content.

          Copyright enforcement online is a major issue in the context of the DSA, and the DSA will be of utmost importance for the future of online copyright in the EU. Against this background, the European Copyright Society (ECS) issued on 17 January 2021 a comment on “Copyright and the Digital Services Act”. We reproduce below the Executive Summary of that comment.

        • YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness”

          In 2012, US NASA’s robotic rover touched down on Mars. NASA uploaded a video of this historic event onto YouTube. It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. This news channel had used the (open source) NASA video for its own news video and ended up raising unjustified claims against other copies on YouTube, including NASA’s original video. A commentator noted that “NASA’s new rover arrives on Mars, crash lands in YouTube’s DMCA hell”. Another – more recent – example involves the video of a 2020 copyright panel at New York University where music was played to explain the application of the US fair use rules. The video was caught by a takedown – but ended up being put back online on YouTube.

          These and other well-known examples tend to create the public impression that abusive or otherwise unjustified copyright takedown requests are the general rule on YouTube. But is this really true? To answer this question, it seems important not to rely on illustrative single stories. “We are naturally drawn to extreme examples, and they are so easy to recall”, says Hans Rosling in his book Factfulness (2018, p. 42). Rather, it is necessary “to learn about the world as it really is”, to quote Rosling again (p. 255).

        • Not Invincible: A Cautionary Tale for Creators

          As a new lawsuit involving the popular comic book and animated series “Invincible” shows, the failure to properly document the copyright status of a jointly-created work at the beginning can lead to messy consequences later.

          Can someone be tricked into giving up copyrights he may never have owned in the first place? That’s just one of the interesting questions raised by a new lawsuit filed by William Crabtree, colorist of the first 50 issues of the comic book series “Invincible,” against the series’ writer and co-creator Robert Kirkman.

        • Whoever controls the DAO, controls the book: The strange tale of Jodorowsky’s Dune

          Please gather around, and listen to this cautionary tale of schadenfreude and greed. This is not a tale for the faint of heart; it involves a cabal of crypto-enthusiasts involved in a decentralised autonomous organisation (DAO), a failed film adaptation by Alejandro Jodorowsky of the classic book Dune , and industrial amounts of misunderstanding about copyright.

          Frank Herbert’s Dune is a science fiction classic that speaks to audiences across cultures and time, it was published in 1965 and became an instant hit, winning the Nebula and Hugo Awards in 1966, and it’s been declared the best selling sci-fi novel of all time. The intricate world building, the political intrigue, the memorable characters, the worms, and the ecological angle have made it a fan favourite. Personally, I have loved the book since I was a teenager, and I have used the litany against fear in some of the most stressful times of my life. It’s been put on screen by none other than David Lynch in a flawed masterpiece in 1984, then it was turned into a miniseries in 2000, and more recently it became a global hit in 2021 directed by Denis Villeneuve. It has spawned several books, Frank Herbert wrote a number of sequels, and his son Brian Herbert published a much derided series of prequels with author Kevin J Anderson (which I have tried to remove from my memory, but I digress).

        • Book review: Performers’ Rights [Ed: Richard Arnold writes a book]

          This is a review of Performer’s Rights by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

The Demonisation and Stereotyping of Coders Not Working for Big Corporations (or ‘The System’)

Posted in Deception at 10:23 am by Dr. Roy Schestowitz

It’s not about crime prevention, it’s about control

RIAA meme: Media tells you online anonymity means wearing a mask and committing crimes
Does anyone seriously think cyber criminals wear a mask in front of the screen?

Summary: The war on encrypted communication (or secure communications) carries on despite a lack of evidence that encryption stands in the way of crime investigations (most criminals use none of it)

Encryption is evil[1-4]
It leads to upheaval

Security with limits
For all of you dimwits

Accountability for thy
But not for me

Git hacking/Man coding
Coding for Meta
Collecting your data

Spying for Gulag
Apple and Dehomag

Microsoft professional
Ethics just occasional

The free hackers online
Must be put in line

Freedom is fine
Let democracy shine

Resistance is disruptive
Unlike Twitter manipulative

COVID on the loose
But go drink some booze

Lads, keep hopping
Ladies, resume shopping

Digital activism afoul
Peasants, be more banal!

Coding permitted
If to the state submitted

Leaks for transparency
But not our own, that’s heresy!

Studying paramount
But corporate training tantamount

Go get the app
Two buttons, “back” and “stop”

Applications are “old school”
For every citizen is a fool

Functionality limited
DRM decides what’s permitted

Computing for trust
In villains of antitrust

Web sites for all
Logs we recall

Accessibility first
Except JavaScript burst

Cyberspace you roam
With clones of Gulag Chrome

Telnet a crime
Bailed on a dime

Warning received
‘Suspicious behaviour’ perceived

Fearing unknowns
People who aren’t pawns

Oh, look, I don't use Apple and Microsoft so I must be a criminalAlternatives esoteric
Use something genetic

The state shall rejoice
Amazon and the boys

Olympic app installed
When COVID tracings fold

Share on the Clown
Upload your frown

Big Brother awaits
You and your mates

Trendy “tech” afoot
Antagonism is moot

Coding is GitHub
Censoring Alice and Bob

Sanitised behaviour
Impeded coding endeavour

Pluton for plutocrats
Insurrectionists and Democrats

For national security strive
Back doors for the beehive

“Crypto” is currency
Planet-burning entity

Encryption is centralised
E2EE is for the 'radicalised'

Plenty of choices
They capture all voices

Brands suck alike
So what’s not to like?

Disagreement is futile
Pry Minister infantile

Get on with the programme
Be a docile lamb
Related/contextual items from the news:

  1. UK Government to Launch PR Campaign Undermining End-to-End Encryption
  2. Revealed: UK Gov’t Plans Publicity Blitz to Undermine Chat Privacy – Rolling Stone
  3. Privacy is for paedophiles, UK government seems to be saying while spending £500k demonising online chat encryption
  4. The UK Has A Voyeuristic New Propaganda Campaign Against Encryption

On the ‘Peak Hacker’ Series

Posted in Free/Libre Software, GNU/Linux at 9:01 am by Dr. Roy Schestowitz

Video download link | md5sum 5e72b9f7376540003a836dc02d90b570
Peak Hacker and Shunning Fake Progress
Creative Commons Attribution-No Derivative Works 4.0

Summary: Hacker culture, unlike Ludditism, is ultimately a movement for justice, for equality, and for human rights through personal and collective emancipation; Dr. Farnell has done a good job explaining where we stand and his splendid series has come to a close

TODAY we finished publishing the series from 'Digital Vegan' Dr. Farnell, who expects to have “his comprehensive [next book] Ethics for Hackers (scheduled early 2022).”

I’ve had the pleasure of exchanging ideas and thoughts with him, “a British computer scientist, writer and international visiting professor specialising in signals and systems,” according to his bio. He’s also a proponent of BSD and GNU/Linux, but there’s lots of us who do that. GNU/Linux is nowadays everywhere and “Wine is a better Windows than Vista,” as David Gerard put it over a decade ago. Even the gaming industry is moving towards GNU/Linux (like Steam Deck with Arch Linux and KDE), so we need to look ahead and promote more than just the brand “Linux”. Steam is DRM, so not exactly where we want to go (even though removing Windows is a positive step). The goal isn’t having better Windows than Windows®.

Andy FarnellThe video above sums up some personal thoughts and offbeat comments. I use only Gemini in this video and I hope this will become the standard, seeing what the Web rapidly devolves into. As of this moment, Geminispace approaches 2,000 known capsules (including inactive ones) and there seems to be growing resistance to the technological status quo. That should not be conflated with Ludditism because this isn’t about economics (passing workers’ jobs to machines) but about human rights or basic dignity such as personal privacy.


Links 23/1/2022: First RC of Linux 5.17 and Sway 1.7 Released

Posted in News Roundup at 8:12 am by Dr. Roy Schestowitz

  • GNU/Linux

    • Desktop/Laptop

    • Server

    • Audiocasts/Shows

    • Kernel Space

      • Linux 5.17-rc1
        I've tagged the rc1 release a couple of hours earlier than usual, and
        in a timezone 10 hours before the usual one, so this merge window was
        technically a bit shorter than usual. But if somebody didn't get their
        pull request in in time, they shouldn't have left it so late - and
        there's always 5.18. Never fear - we'll not run out of numbers.
        I was nervous that this merge window would be more painful than usual
        due to my family-related travels, but I have to give thanks to people:
        a lot of you sent your pull requests early in the merge window, and
        while there were a couple of hiccups I hit early on, that was all
        before switching my main workstation to a laptop. Everything seems to
        have gone fairly smoothly.
        Knock wood.
        5.17 doesn't seem to be slated to be a huge release, and everything
        looks fairly normal. We've got a bit more activity than usual in a
        couple of corners of the kernel (random number generator and the
        fscache rewrite stand out), but even with those things, the big
        picture view looks very much normal: the bulk is various driver
        updates, with architectures updates, documentation, and tooling being
        the bulk of the rest. Even with a total rewrite, that fscache diff
        looks more like a blip in the big picture.
        And hey, it may not be a huge release, but the full shortlog would
        still be much too big to post - or scan through. So as is traditional,
        I'm just appending my mergelog as a highlevel view of what's been
        going on.
        Please give it all a test,
      • Linux 5.17-rc1 Released A Little Bit Early But With Shiny New Features

        Linux 5.17 also bring a lot of new hardware support, prompt support for Qualcomm’s latest SoC, a new real-time analysis tool, x86 straight line mitigation handling, noteworthy network optimizations, and much more. I’ll have out my usual Linux 5.17 feature overview later today.

        I’ve already been running benchmarks of Linux 5.17 Git the past few days and it’s been looking good so far with no scary regressions detected yet. More Linux 5.17 benchmarks on the way.

      • AMD Preps for Zen 4: Different Types of Cores Now Supported in Linux | Tom’s Hardware

        Tech sleuths are following AMD as it prepares its new Zen 4-based architecture. As the prepares its next-gen CPU, some eagle-eyed individuals have found details about the next-gen parts on Linux and other platforms.

        AMD has quietly uploaded temperature sensor driver support for Zen 4 and Zen 4C cores, reports Phoronix. While these two cores share the same microarchitecture, they are different and will power AMD’s 96-core Genoa and 128-core Bergamo processors, respectively, so it is not surprising to see separate drivers. The CPUs are marked as AMD Family 19h Models 10h-1Fh and A0h-AFh.

        Perhaps, a more intriguing innovation is a new Scalable Machine Check Architecture (SMCA) of some future AMD platforms that could use different types of SMCA and therefore cores.

      • Graphics Stack

        • Sway 1.7 Released With VR Headset DRM Leasing, Renames “–my-next-gpu-wont-be-nvidia”

          After working its way through the release candidate process, Sway 1.7 is out this weekend as the newest feature release for this i3-inspired, lightweight Wayland compositor.

          Sway 1.7 is notable in that it offers better zero-copy direct scanout support thanks to making use of the DMA-BUF feedback protocol. Other Wayland desktop compositors have also been quick in supporting the DMA-BUF feedback extension as well. The enhanced zero-copy direct scanout support for full-screen windows is easily one of the best features of Sway 1.7.

    • Applications

      • Cloud Hypervisor 21.0 Offers More Efficient Local Live Migration: 3s Down To 50ms – Phoronix

        Cloud-Hypervisor 21.0 was released this past week as its first feature release since this open-source Intel project moved to the Linux Foundation with backing from Microsoft and Arm. Cloud-Hypervisor 21.0 brings new features and fixes to this Rust-written hypervisor.

      • How I use Linux accessibility settings | Opensource.com

        When I started using Linux in the 1990s, I was in my mid-40s and accessibility was not something I gave much thought to. Now, however, as I’m pushing 70, my needs have changed. A few years ago, I purchased a brand new Darter Pro from System76, and its default resolution is 1920×1080, and it’s high DPI, too. The system came with Pop_OS!, which I found that I had to modify to be able to see the icons and text on the display. Thank goodness that Linux on the desktop has become much more accessible than in the 1990s.

        I need assistive technology for seeing and hearing in particular. There are other areas that I do not use but are useful to folks who need help typing, pointing, clicking, and gesturing.

        Various systems, like Gnome, KDE, LXDE, XFCE, and others, handle these assistive technologies differently. These assistive tweaks are mostly available through the Settings dialog box or from keyboard shortcuts.

      • Best Free and Open Source Alternatives to Base SAS

        AS Institute Inc. (“SAS”) is an American multinational developer of analytics software based in Cary, North Carolina. The company has around 14,000 employees.

        SAS started as a project at North Carolina State University to create a statistical analysis system used mainly by agricultural departments at universities in the late 1960s.

        SAS is the name of their software suite that can mine, alter, manage and retrieve data from a variety of sources and perform statistical analysis on it. It has more than 200 components covering areas including statistical analysis, econometrics and time series analysis, an interactive matrix language, data mining and much more.

    • Instructionals/Technical

      • How to create, show and drop Collections in MongoDB | FOSS Linux

        MongoDB is an open-source NoSQL database which means that, unlike relational databases, it does not accept input values in table format. Data is stored in collections and documents since MongoDB is a document-oriented database. Rows in an SQL table have been replaced with documents in MongoDB.

        This article assumes that you’ve already installed the MongoDB server on your computer and connected a shell to the server. If you have already done so, we can explore a few features of MongoDB but first, a few terminologies: If not, you can check out the article on how to install MongoDB on Ubuntu.

      • How to add missing ifconfig command on Debian | FOSS Linux

        In this article, we will be tackle how to add the missing ifconfig command on Debian. We will run all this on Debian version 11, “bullseye.” This Debian version ships with the new package ipp-usb, recommended by cups-daemon, and utilizes the vendor-neutral IPP-over-USB protocol reinforced by multiple modern printers. This, in turn, allows a USB device to be treated as a network device, expanding driverless printing to include USB-connected printers.

        The ifconfig (interface configuration) command is a vital utility to configure the kernel-resident network interfaces. It is used to initialize the interfaces as required during the boot time. On the flip side, it is also used when debugging or when you need system tuning. Furthermore, this command is used to assign the IP address and netmask to an interface or enable or disable a given interface. The command is available under the net-tools package.

      • What are Upstream and Downstream in Linux Terminology?

        The terms: upstream and downstream are rather ambiguous terms and, I think, not really used by the general public. If you are a Linux user and do not write or maintain software, chances are pretty good that these terms will mean nothing to you, but they can be instructive in how communication between groups within the Linux world works.

        The terms are used in networking, programming, kernel, and even in non-computer areas such as supply chains. When we talk about upstream and downstream then, context is important.

        In its simplest form, upstream and downstream is the direction of the flow of information.

        Since we are all reading this article while we’re connected to the Internet, let’s look at an upstream/downstream example as it applies to Internet Service Providers (ISP). Here, the ISP is concerned with traffic. Upstream traffic is data is coming in from a user from a different ISP. For example, if you have a website that offers a subscription to a newsletter, the information I send, to subscribe, is upstream data.

      • How to create desktop shortcut for an AppImage – Linux Shout

        Have you downloaded any AppImage and now want to create a Desktop entry? Then here is the command line tutorial to create a Desktop shortcut and Application launcher for an AppImage of some software.

        AppImage desktop integration is not going to happen automatically. It is because this is a kind of portable executable file meant to run on almost all Linux distros. Hence, using developers don’t need to write a single software, again and again, to make it compatible with various Linux systems.

      • 5 Great Kali Linux Books – buildVirtual

        If you’re new to Kali Linux, or looking to pick up some more skills then there are some great Kali Linux books available. The aim of this page is to show you some of the best Kali Linux books currently available to help you on your journey to become a Kali Linux expert! If you are looking to learn Kali Linux then each Kali Linux book listed here should help!

      • Running Ubuntu on Raspberry Pi 4? Here’s How to Boost Performance

        Raspberry Pi 4 is a tiny device packed with useful features like support for dual monitors and fast ethernet connection. If you are looking for a simple yet reliable solution for your next DIY project, a Raspberry Pi can be an excellent base for that. Moreover, you can now easily run Ubuntu desktop on your Raspberry Pi 4, even with 2GB of RAM.

        Read below to learn how to improve Ubuntu’s performance on a Raspberry Pi 4 with only 2GB RAM. You can use this method to set up a full-fledged Ubuntu environment with access to a keyboard, mouse, and networking.

      • How to replace libinput with evdev for sane mouse control | Hund

        I try to be pragmatic and open to new things, but some things are just hard to embrace. Especially when they’re bad. One of these things are libinput.

        I tried giving libinput a chance, but I couldn’t come close to finding some sane mouse settings for it. I strongly dislike silly things like mouse acceleration. If I want to quickly move my mouse cursors across the screen, I’ll just quickly move my arm…

        Thankfully, it’s possible to go back to evdev, and it’s not that difficult either. You just have to install the package for it. In Fedora the package is named xorg-x11-drv-evdev.

    • Wine or Emulation

      • Enabling EAC Support on Linux Through Proton is Now Even Easier – Boiling Steam

        Going from this explanation, this is the probable reason why there’s been so few titles with EAC to work through Proton so far. But yesterday, Valve wrote a new post regarding EAC. The post said that the company has been working with Epic to make supporting EAC titles on the Steam Deck or through Proton even easier. Game binaries no longer have to be updated, neither does the developer need to opt-in to the latest SDK or use Epic Online Services.

    • Desktop Environments/WMs

      • GNOME Desktop/GTK

        • 10 Great Apps to Improve Your GNOME Experience [Part 3]

          We present the next set of great GNOME Apps that brings multitude of productivity boost while using your favorite GNOME desktop.

        • Daniel García Moreno: Twitch: GNOME live coding streaming

          This year I’ve started with something that I wanted to do since the first COVID lockdown, but never did. So as a first year resolution I decided to start streaming and I created my Twitch channel Abentogil.

          I’ve been thinking about streaming since lockdown, when a group of Spanish people created a nice initiative to teach kids how to code and other tech stuff. I never participated on that initiative, but it was the seed of this.

          This year I’ve seen other GNOME streamers doing live coding, like ebassi and Georges and, at the end, I pluck up the courage to start.

    • Distributions

      • IBM/Red Hat/Fedora

        • Vanessa’s Blog | Week7 Blog Post

          Week 1-2: Learn the Fedora package maintainer process, and improve existing packages via pull requests to practice the workflow.

          Week 3-5: Go over the NeuroFedora packaging queue and identify a list of tools for packaging

          Week 6-9: Follow the Fedora package maintaining process, and submit packages for review.

          Week 10: Follow the review process and make necessary improvements to submitted packages.

          Week 12: Submit packages for QA, test them, update documentation.

      • Canonical/Ubuntu Family

        • Ubuntu is the most popular distribution of 2021

          We finished with the review of our end-of-year survey with the result related to distributions, the cornerstone of this world in which we live, although as expected, Ubuntu is crowned one more year as the average user’s favorite. No surprises, right? Not completely, as we will see below delving a little into the data.

          In fact, there are some other surprises in the table and more specifically, in the top positions; and even in the place of honor occupied by Ubuntu since we did this survey, there are changes that are worth commenting on, because as is the case with Firefox, the parish’s unshakable totem, there are trends that are not declining, but quite the opposite.

    • Devices/Embedded

      • Experimental PineNote E-Reader Now Available for $399

        The 10.3-inch PineNote e-reader is now available to buy, but this isn’t a device ready to compete with the Kindle just yet.

        Last year, Pine64 announced it was developing an e-reader that runs Linux called the PineNote. As Liliputing reports, an experimental version of the PineNote has now gone on sale for $399, but it’s called “experimental” and the Developer Edition for a good reason.

        A note on the PineNote product page states, “The PineNote is an experimental device. PineNote software is still in it’s infancy and therefore it is ONLY suitable for experienced developers. At present time, there is no default OS for the PineNote.”

      • PineNote E Ink tablet now on sale for all even as developers continue refining the product

        The PineNote tablet is now on sale, which means anyone having $399 to spare, can order the E Ink tablet right away. The company known for its PinePhone and PineBook devices had put on sale limited quantities of the PineNote device in December though that was limited to the developers only. However, the e-note is now available for all to buy, and barring the Chinese New Year celebrations in February, there isn’t likely to be any disruption in supplies in the foreseeable future, the company revealed via its Jan. 2022 update.

        That said, the PineNote is still very much a work-in-progress thing so that the device right now is shipping without any operating system installed. There is going to be just the bootloader, which means buyers have the liberty to install the OS of their choice. Here again, there aren’t very many options as well though developers have been able to run the Alpine and Debian Linux to run on the tablet. A NixOS port too is being readied and should be available sometime soon.

      • Open Hardware/Modding

        • Web-Centric Gabuino Has Compiler, Will Travel | Hackaday

          Arguably the biggest advantage of the Arduino platform is its ease of use, especially when compared to what microcontroller development looked like before the introduction of the open source board and its associated software development environment. All you need to do is download the IDE for your platform, plug in your Arduino, and you can have code running on the hardware with just a few clicks.

          But can it get even easier? [Gabriel Valky] certainly thinks so, which is why he’s developed the cloud-based Gabuino platform. As of right now it only supports the DS213 pocket oscilloscope and LA104 logic analyzer, but he says the code is lightweight enough that it should work with any STM32 board that has the appropriate bootloader. Using Gabuino requires no software to be installed on the computer, just plug in the board, and you’re already half way there.

        • Printing In Silicone | Hackaday

          When you think of making something out of silicone, you usually think of using a mold and injecting it with the material. Can you 3D print it? [Kimberly Beckett] answers that very question in a recent post. The short answer is yes, but you need specialized printing equipment.

          Most consumer or hobby printers use either filament deposition or photoresin. Neither of these processes are good for printing silicone. For one thing, silicone doesn’t melt and reform like a thermoplastic. After all, that is why we like making hotend socks and oven utensils with the material. If you do melt silicone, you get a gooey mess, not a nice fluid you can push through an extruder nozzle. As for resin printing, silicone is resistant to UV so the chances of coming up with UV curable silicone are pretty small.

          So how do you print silicone? There are a few methods. Aceo is a technique that is sort of like an inkjet. It deposits a solution of silicone and a binder that activates on exposure to UV. After placing a layer, a UV light activates the binder and you repeat for the next layer. There is also a technique for drawing a layer of silicone liquid and then curing it with a halogen lamp.

        • Another DPS5005 Alternative Firmware | Hackaday

          The firmware has some interesting features, such as programmable pre-sets intended for battery charging applications. In fact, there is a dedicated battery charge mode screen. We want to warn, however, that charging lithium ion batteries with this might not be at all wise, not in the least because of a lack of protection hardware in place. It would be very easy to destroy the unit or overheat a battery this way! However, if you must do this, there are a few features to help you out, such as a handy ‘counters’ screen showing approximate charge delivered.

          Remote programmability is, as usual, via the easily hacked in serial port, with firmware support for Bluetooth serial modules if wired USB serial doesn’t suit. For those who like to mount things differently, the screen can be rotated by holding a key on power-up, or if you hook up a MPU6050 accelerometer/gyro module it will even do it automatically!

        • Using 4G LTE wireless modems on a Raspberry Pi

          There doesn’t seem to be any good central resource for “4G LTE and Linux” out there, just a thousand posts about the ABC’s of getting an Internet connection working through a 4G modem—but with precious little explanation about why or how it works. (Or why someone should care about random terms like PPP, ECM, QMI, or MBIM, or why someone would choose qmi_wwan over cdc_ether, or … I could go on).

          Hopefully you can learn something from my notes. Or point out places where I’m glaringly wrong :)

    • Free, Libre, and Open Source Software

      • Education

        • Moodle: Working together to strengthen education – our obligation to future generations

          At Moodle, we support open education as crucial to reimagining and renewing education for our collective benefit. At its core, this movement recognises that an empowered teacher or educator requires access to quality resources, skills and tools in order to facilitate the education of a group of people. This includes open methods in accessing resources, an equitable approach in how to use resources and tools effectively and an open ed tech infrastructure that is reliable and accessible to all. Moodle supports the open education movement in three key ways.

      • Programming/Development

        • Mold 1.0.2 Released For This High Performance Linker – Phoronix

          For those interested in compilers, Mold as the “Modern Linker” is one of the interesting projects to watch in 2022.

          Mold 1.0 came at the end of 2021 for this project developed by Rui Ueyama who is also known as the original developer of LLVM’s LLD linker. Mold 1.0 is considered stable and production ready while delivering very promising results compared to LLVM’s LLD or GNU’s Gold linkers. Mold has been generating interest among developers and now Mold 1.0.2 is out this Sunday with fixes and minor updates.

          While Mold is working towards native link-time optimization (LTO) support, for the moment Mold 1.0.2 will now fall-back to using ld.bfd or ld.lld if GCC/LLVM LTO support is requested. This at least will not break builds and so should work out fine until Mold’s LTO support is ready.

        • Wordle With Grep

          i Let us solve a Wordle with the Unix grep command and the Unix words file. The Wordle game published on 22 Jan 2022 is solved in this post. The output examples shown below are obtained using the words file /usr/share/dict/words, GNU grep 3.6, and GNU bash 5.1.4 on Debian GNU/Linux 11.2 (bullseye).

          In this post, we will solve the Wordle in a quick and dirty manner. We will not try to find the most optimal strategy. The focus is going to be on making constant progress and reaching the solution quickly with simple shell commands. The steps below show how to solve a Wordle in this manner.

        • New Professional Certificate Program Teaches Essentials of Open Source Software Development
  • Leftovers

    • Underwater Drone Films, Is In Film | Hackaday

      Having a drone that can follow you running or biking with a camera isn’t big news these days. But French firm Notilo Plus has an underwater drone that can follow and video an underwater diver. The Seasam has been around since 2019, but recently made an appearance in a French film, The Deep House about a couple exploring an underwater haunted house, as reported by New Atlas. You can see a video about the drone — and a trailer for the movie — in the videos below.

      To follow a diver, the robot uses an acoustic signal from the user’s control unit to find the approximate location of the user. This works even in dark conditions. Once close enough, computer vision zeros in on the diver while a sonar system allows safe navigation.

    • Science

    • Education

      • Infosec Skill Sets

        Everybody’s career path into and within “Information Security” — about as broad and ill-defined a field as any — is different. We all come from different backgrounds with different experiences, and even if our job titles may be the same, in practice we are bound to perform different tasks.[1]

        But some skill sets tend to intersect. I’ve tried to compile a list of primarily technical “core competencies” before, but that only covered so-called “hard skills”. “Soft skills”, on the other hand, are actually a lot harder, but of course there’s overlap here indicating a conceptual difficulty in categorizing “technical” and “non-technical” skills. Overlap, you say? To the Venn Diagramminator!

    • Hardware

      • Arm releases experimental CHERI-enabled Morello board as part of £187M UKRI Digital Security by Design programme

        Professor Robert N. M. Watson (Cambridge), Professor Simon W. Moore (Cambridge), Professor Peter Sewell (Cambridge), Dr Jonathan Woodruff (Cambridge), Brooks Davis (SRI), and Dr Peter G. Neumann (SRI)

        After over a decade of research creating the CHERI protection model, hardware, software, and formal models and proofs, developed over three DARPA research programmes, we are at a truly exciting moment. Today, Arm announced first availability of its experimental CHERI-enabled Morello processor, System-on-Chip, and development board – an industrial quality and industrial scale demonstrator of CHERI merged into a high-performance processor design. Not only does Morello fully incorporate the features described in our CHERI ISAv8 specification to provide fine-grained memory protection and scalable software compartmentalisation, but it also implements an Instruction-Set Architecture (ISA) with formally verified security properties. The Arm Morello Program is supported by the £187M UKRI Digital Security by Design (DSbD) research programme, a UK government and industry-funded effort to transition CHERI towards mainstream use.

      • ToolsGroup: Overcoming supply chain sustainability fears

        Though we’re hearing much about the circular economy today, the idea has been kicking around since 1976, when it was first introduced in a research report to the European Commission. Recently organisations, most notably, the Ellen MacArthur Foundation, have reinvigorated the model and (if you’ll pardon the pun) “put wind in its sails”.

        The Ellen MacArthur Foundation states that the circular economy “is based on the principles of designing out waste and pollution, keeping products and materials in use, and regenerating natural systems”.

        Supply chains, which manage every aspect of the goods production lifecycle, are arguably in the best position to make meaningful, measurable contributions to a sustainable circular economy. According to a report Gartner published last December “Supply Chain Executive Report: Close the Loop to Create Future-Fit Raw Material Strategies”, 51% of supply chain professionals expect the focus on their circular economy strategies to increase over the next two years.

      • Running Methanol RC Engines On Gasoline | Hackaday

        Methanol is a popular fuel for small engines used in radio-controlled models, but comes at a higher price than gasoline. It’s also harder to source and can be a mite corrosive, too. Gasoline comes with some benefits, but running it in a methanol engine usually requires some mods. [David] and [Bert] worked together to build a mixture controller for just this purpose.

    • Health/Nutrition/Agriculture

    • Integrity/Availability

      • Proprietary

        • Zhengbang Pick & Places Your Confidential Data In The Bag, Slowly | Hackaday

          It didn’t end here! After installing the “clean” files, they also ran a few anti-malware tools, and all seemed fine. Then, they plugged the flash drive into another computer again… to encounter even more alerts than before. The machine was equipped with some sort of mechanism to infect every .exe touching it with the same aforementioned malware, and the “clean” files were nothing more than a distraction – the infection got added to all .exe files on sight, even .exe‘s of the anti-malware tools they put on that USB drive. By this point, ZhengBang’s intentions are pretty clear – getting data from as many of your devices as possible. To add to that, all of these discoveries don’t count as violations of Aliexpress Terms and Conditions – so if you’d like to distribute a bunch of IoT malware on, say, wireless routers you bought in bulk, now you know of a platform that will help you!

        • I Broke My MacBook User Profile By Deleting A Single Folder

          The OS on my M1 MacBook Air was completely trashed when I tried to use it this morning. All because I deleted a single folder from my home directory.

        • Pseudo-Open Source

        • Security

          • Cyber conflict and mixed signals. Nation-state cyberespionage, privateering, and direct theft. [Ed: Ongoing efforts to shift attention away from Microsoft back doors to something else]

            Russo-Ukrainian tension has moved US authorities to issue an alert on the threat of Russian cyber operations. That alert came as the continuing effort to address Log4j vulnerabilities has raised concern about open-source software security.

          • Privacy/Surveillance

            • Tracking corona infections: German Luca app in a downfall

              Five Länder no longer renew their contracts with culture4life, the company’s new business model could also run into turbulence

            • How to Use SSH Agent Safely

              The SSH agent (ssh-agent) is an SSH key manager that stores the SSH key in a process memory so that users can log into SSH servers without having to type the key’s passphrase every time they authenticate with the server. In addition to the key management feature, SSH agent supports agent forwarding, which helps to authenticate with servers that sit behind a bastion or jump server. As the agent works as a password manager for SSH keys, incorrect usage or faulty configuration can cause security risks.

              In this article, we’ll explore how to avoid potential SSH agent pitfalls and recommend best practices to keep your SSH agent secure.

            • Farewell, G Suite legacy free edition

              Today I saw the news that Google are pulling on the plug on the G Suite legacy free edition (a.k.a. Google Apps for custom domains). If you don’t recall the story – originally the service was free for up to 50 users (making it quite popular with small companies), then up to 10 users, then up to 5 users, and finally it was made paid for everyone. The people who started to use the service before the terms were changed were kept on what Google called “G Suite legacy free edition”. I am (was?) one of them.

            • China’s Olympics App Is Horribly Insecure

              China is mandating that athletes download and use a health and travel app when they attend the Winter Olympics next month. Citizen Lab examined the app and found it riddled with security holes.

            • Israeli police accused of using Pegasus malware to spy illegally on citizens

              Israeli police are under fire after a report accused them of using the NSO Group’s Pegasus spyware to access the devices of the public, it was reported today.

              The claims were made by the Israeli newspaper Calcalist, which contends that its investigation proves that the spyware was used on critics of the former Prime Minister Benjamin Netanyahu. The technology, which has been called “the most powerful piece of spyware ever developed,” is said to have been used on activists, politicians and journalists around the world.

            • Government funds charity campaign to warn big tech over the risks of encryption to children [Ed: Well, the threat to children is the perpetrators of these policies]

              The government is funding a campaign that will put pressure on Facebook and other tech companies over their plans to introduce encrypted messaging services, warning that millions of cases of child abuse could go undetected.

              The Home Office-backed campaign, known as No Place to Hide, warns that social media sites are “willfully blindfolding” themselves to child sexual abuse by introducing end-to-end encryption on messaging services.

              The campaign, coordinated by M&C Saatchi, aims to bring together charities and experts to warn parents over the risks of end-to-end encryption.

    • Defence/Aggression

    • Environment

      • The “Doomsday Glacier” Is Irreversibly Melting, Researchers Say

        Just as the Thwaites may unleash inland ice into the ocean — much like a cork pulled from a bottle — others are dumping concerning amounts of fresh water near penguin populations. According to a new study published by researchers at Cambridge and the University of Leeds, iceberg A-68a was the world’s largest before it shattered into nearly a dozen mini-bergs.

      • Defend Chernobyl During an Invasion? Why Bother, Some Ukrainians Ask.

        The Chernobyl zone covers about 1,000 square miles straddling the shortest direct route from the Belarusian border to Kyiv. While it is not necessarily the most likely invasion route from the north, because it is swampy and densely forested, Ukraine has not ruled it out.

      • Wildlife/Nature

        • A Mass Extinction Has Already Started, Scientists Say

          The team led by Robert Cowie, a research professor at the University of Hawaii, argues that the International Union for Conservation of Nature (IUCN) Red List of Threatened Species was too focused on the loss of bird and mammal species — and not focused enough on invertebrates, a much larger group.

          The organization’s Red List, founded in 1964, is the world’s most comprehensive inventory of endangered species and their extinction risk. It has been used by other researchers to argue that we are not in fact facing a sixth mass extinction event.

        • Untangling the roots of plant genomes| EurekAlert!

          The article, “Green Plant Genomes: What We Know in an Era of Rapidly Expanding Opportunities” underscores the significance of this massive endeavor. “Nearly half a million species of plants inhabit the Earth today and the secrets to understanding nearly everything about them is hidden in the sequences of their DNA (the plant genome),” said Dr. W. John Kress, senior author of the paper and Curator Emeritus at the Smithsonian. “Plants are the foundation of environments across the planet and deciphering their genomes will be a game changer for understanding nearly all aspects of our own lives, from improving foods and medicines to inspiring artists and enhancing ecosystem stability.”

        • Ecological niche divergence between extant and glacial land snail populations explained | Scientific Reports

          The presence of Last Glacial Maximum (LGM) biotic communities without modern counterparts is well known. It is particularly evident in central European fossil LGM land snails whose assemblages represent an odd mix of species that are currently limited to either xeric or wetland habitats. Here we document a genetically verified discovery of the modern calcareous wetland species Pupilla alpicola on Iceland, where it is limited to dry grasslands. This species also represents a common European LGM fossil, and its new records from Iceland help explain puzzling shifts of some glacial land snails of xeric grassland habitats to open wetlands today. Similarities between the climates of modern Iceland and LGM Eurasia suggest that this species did not become limited to wetlands in continental Europe until after the Late Pleistocene–Holocene climate transition. These results are a strong reminder that assumptions of ecological uniformity must be questioned and that the quality and robustness of palaeoecological reconstructions is dependent upon adequate knowledge of the full autecological range of species over time.

    • Finance

      • Islamism meets inflation and Turkey teeters

        While Erdoğan and his government make these terrible mistakes, many in the West are making a related mistake. Our experts and opinion leaders are far too accustomed to looking at leaders around the world as so-called rational actors. Possibly evil, possibly ignorant, but still rational. History shows something different. Plenty of world leaders are irrational and willing to follow irrational ideologies right over a cliff, taking their own and possibly other countries with them. Case in point: Venezuela. The more wreckage the policies of the Hugo Chavez and Nicolás Maduro governments created, the more those leaders kept and keep pursuing the same policies. Erdoğan may be such a one.

      • Holes in the Social Safety Net Leave Millions Without Access to Needed Benefits

        The pandemic has shone a bright light on our country’s social safety net. Record numbers of Americans applied for unemployment. The federal government issued hundreds of billions of dollars in stimulus checks. Federal and state programs like the Paycheck Protection Program (PPP), mortgage relief, rental assistance, even free vaccine delivery—all of which had trouble gaining bipartisan support in previous years—were quickly implemented as the crisis unfolded and millions of Americans lost jobs, fell ill or were sidelined at home caring for children whose schools and day care facilities were closed due to COVID.

    • AstroTurf/Lobbying/Politics

      • Biden signs memorandum to secure sensitive national security systems

        The order specifies how national security systems, the most sensitive information technology systems within the government, should comply with a May 2021 executive order designed to improve cybersecurity across the federal government.

        While that executive order laid out a broad set of tasks for managers of national security systems, the new memorandum establishes specific timelines and guidance for implementation. This includes requiring multifactor authentication and encryption.

        The memorandum also requires agencies to develop a plan to implement zero trust architectures, a move considered critical to protecting systems and information from both inside and outside threats.

      • The European Commission Timidly Commits to Opening it’s Source Codes and Contributing to Free Software

        Following its “Open Source Software Strategy 2020 – 2023″, published in October 2020, the European Commission formalizes its goals and practices in its decision “on the open source licensing and reuse of Commission software” – an important document, as the Commission can be held accountable for it. Like the above-mentioned strategy, this decision doesn’t demonstrate much political ambition, nonetheless it sets a useful baseline and confirms the Commission’s will to amplify its use of free software, and contribute more to it.

      • [Old] COMMISSION DECISION of 8.12.2021 on the open source licensing and reuse of Commission software

        This Decision determines the conditions for the reuse and licensing of software produced by the Commission or on its behalf, and for which the Commission holds the intellectual property [sic] rights [sic].

      • Howie Hawkins Blasts “Bipartisan Biden” on Inauguration Anniversary

        The 2020 Green Party Presidential Candidate Calls for Independent Progressive Politics

        Howie Hawkins, the Green Party’s 2020 candidate for President, issued the following statement on the first anniversary of President Joe Biden’s inauguration. It is being published on the CounterPunch website today as “Bipartisan Biden Builds Back Bupkis: Reflections on Biden’s Inauguration Anniversary.”

        It is not surprising that President Biden is failing on his Build Back Better and voting rights agendas. It is not surprising because Biden campaigned as the candidate who could work with the ultra-conservative, Trump-infatuated Republicans to build unity and “restore the soul of America.” Biden continued to pursue bipartisanship even after the anti-democratic Republicans tried to overthrow his election.

        Bipartisan Biden’s political strategy has been as reality-challenged as Trump’s 30,000 lies in office. It is not surprising that as Biden approached the January 20th anniversary of his inauguration a Quinnipiac Poll showed that Biden’s job approval is 33% and a 58% to 37% majority of Americans believe our democracy is in danger of collapsing.

    • Censorship/Free Speech

    • Civil Rights/Policing

    • Digital Restrictions (DRM)

      • The sky is falling for Netflix

        Although price increases will probably help to offset its sluggish sign ups, they could also lead to more stagnation for Netflix.

        For some consumers, price increases — even small ones — are a lot to ask considering that so many competitors are at Netflix’s gates. Rivals like Disney+, Peacock and HBO Max from CNN parent’s company, WarnerMedia, are also vying for a share of consumer’s streaming budget. A dollar here or there matters to consumer’s wallets.

    • Monopolies

      • Patents

        • AstraZeneca and Hoyng avert damages payment to health insurer Menzis [Ed: AstraZeneca is a bunch of monsters, but mouthpieces of AstraZeneca and the other patent profiteers (Amy Sandys in this case) frame this as a case of innocence ]

          The Court of Appeal of The Hague has found AstraZeneca not guilty of enforcing an invalid patent against generic drug companies in the Netherlands. Overturning a first-instance decision, the court ruled that it is not unlawful for a patent holder to maintain an invalid patent if unaware that a court could invalidate the patent. As such, AstraZeneca is no longer obliged to compensate third-party health insurer Menzis.

          For Menzis, the decision is a blow in its quest to gain damages from pharmaceutical company AstraZeneca in the Netherlands. This is in contrast to a District Court of The Hague decision, which it handed down in 2020. It is also the first such claim made by a health insurance company.

        • Companies got fewer patents in 2021 – in-house explain why [Ed: Rani Mehta, de facto lobbyist for the patent cartel that sponsors her, treats this like bad news; as if monopolies are desirable and they're moaning about "patent eligibility challenges" (read: patent quality)]

          Counsel at Siemens, HPE, Honeywell and IBM say COVID and patent eligibility challenges are to blame for the drop in issuances last year and in the future

        • What are the challenges in developing information around mixing-and-matching COVID-19 vaccines and therapies?

          The FDA has now authorized three vaccines and several treatments (including both monoclonal antibodies and small-molecule drugs) for the prevention and treatment of COVID-19. But the initial evidence supporting these products’ introduction into the market did not include information about how they might work together. Nevertheless, information about mixing-and-matching COVID-19 vaccines and therapies would be highly valuable not only to physicians and their patients, who must already make decisions about what treatment options to pursue under conditions of uncertainty (if the treatments are available), but also for policymakers, who want to know what products to prioritize for investment. Why is it so difficult to obtain this information? How can policymakers encourage its development?


          The CDC currently advises that vaccines are not interchangeable for the initial two doses of the Pfizer-BioNTech and Moderna mRNA vaccines, but that mix-and-match dosing (more formally known as “heterologous” dosing) is allowed for booster shots. People who received non-FDA-authorized vaccines can also receive a heterologous primary dose and booster. The agency cites preliminary results from a pre-Omicron study by the NIH-funded Mix and Match Team, which found that heterologous boosters resulted in similar or higher antibody responses in the first month after boosting. But short-term antibody responses may not indicate clinical outcomes, and the study authors caution that the study was not designed to compare different booster regimes (given the sample size and lack of controls for relevant variables). Last week, the Mix and Match Team posted very preliminary results that most booster combinations (heterologous or homologous) increase antibody response to the Omicron variant, but these results have similar limitations.

        • Medlab receives grant to develop NanoCelle nasal vaccine for Covid-19 [Ed: EPO thinks or wants us to believe that giving monopolies or patents on COVID-19 would help rather than exacerbate the crisis, ensuring it never ends because it's more profitable to keep the virus circulating]

          Furthermore, the platform provides a market-ready delivery solution with patent protection until 2036 in Australia, Canada, New Zealand, the UK and Europe.

        • Greenville entrepreneur helps police bring down $4.5M patent scam
        • [Older] Texas Patent Litigation Monthly Wrap-Up – October 2021 [Ed: When patent law is turned into "business" by judges, who disregard the actual law to attract lawsuits]

          Texas courts facing pushback on multiple fronts.

        • [Older] China to Revoke Patent Agencies’ Licenses for Filing Abnormal Patent Applications [Ed: Patent applications in China are of low quality, but to stuff WIPO they’ll grant anyway]

          On November 10, 2021, the China National Intellectual Property Administration (CNIPA) released the Notice of the CNIPA on Further Severely Cracking Down on Abnormal Patent Application Agency Acts (国家知识产权局关于进一步严厉打击非正常专利申请代理行为的通知). CNIPA will halt new business intake or even revoke licenses of patent agencies that file relatively large amounts of abnormal (also translated as irregular) patent applications. Previously, Chinese patent agencies have been warned and fined such as a Shenzhen firm that was recently fined 50,000 RMB for filing a total of 1,264 irregular applications and a Hangzhou firm was recently fined 20,000 RMB for filing a total of 1,192 abnormal patent application.

        • [Older] Federal Circuit Disinfects PTAB’s Obviousness Finding for MRSA Inactivation Patent

          The University of Strathclyde recently found relief at the Federal Circuit when a unanimous panel reversed the Patent Trial and Appeal Board’s (“the Board”) final determination that their method patent for photoinactivating MRSA bacteria was obvious. The Federal Circuit found that due to a lack of substantial evidence in the prior art, the patent was not shown to be obvious/unpatentable.

        • [Older] Chinese Patent Office Announces Record 1.04 Million RMB Fine for Unauthorized Practice of Patent Law

          On November 29, 2021, the Chinese National Intellectual Property Administration (CNIPA) announced a record fine of 1.04 million RMB (~$163 thousand USD) against a Sichuan entity for engaging in the patent agency business without authorization. Per CNIPA, “The amount of fines and forfeiture is the most for an unqualified patent agency violation case that has been investigated and punished.”

        • Unified Patent Court and Unitary Patent Moving Ahead in Europe [Ed: Totally and intentionally ignoring the fact that this is illegal and many obstacles remain]

          Final preparations by sixteen EU member states for their Unified Patent Court (UPC) and Unitary Patent (UP) began on 19 January 2022, following Austria’s deposit on the previous day of its ratification of the Protocol on Provisional Application of the UPC Agreement (PPA). The PPA permits the organization of the UPC before it opens to accept cases, including establishment of its Administrative, Advisory and Budget Committees, hiring of judges and staff, etc. The new court is expected to open in late 2022 or early 2023.

          Poland and Spain have not signed the UPC Agreement and currently do not plan to participate in the UP and UPC. Croatia joined the EU after the Agreement was signed. Seven additional EU member states have signed the UPC Agreement, but have not yet ratified. Those states and Croatia may participate in the UP and UPC later.

        • The Unitary Patent and Unified Patent Court Move Forward [Ed: No, it is illegal and it will be stopped; but the lobbying tactic is to endlessly lie and make it “too late” to stop something illegal]

          The General Secretariat of the Council of the European Union yesterday declared that the Provisional Application Period (PAP) of the Unified Patent Court (UPC) has started, following deposit by Austria of its instrument of ratification. The Unified Patent Court will oversee the Unitary Patent (UP) which is intended to be a single patent right having effect in the territories of participating EU members and European patents granted in participating countries. The beginning of the PAP means that the UPC Preparatory Committee can begin work to establish the Court, which is expected to take at least eight months.

        • After almost 50 years, EU unitary patent edges closer to becoming reality [Ed: This publisher is promoting falsehoods; of course it’s in the EPO’s pocket, too; it’s really bad when EPO puff piece factories are also producing UPC propaganda for lobbying purpose, peddling unlawful agenda and to make matters worse, the EPO’s propaganda outlets also cherry-pick voices to help a patent cartel that kills millions of people for vaccine patent profits]
        • Intellectual property: Statement by Commissioner Breton [Ed: Thierry Breton openly and flagrantly promotes illegal agenda]
        • How John Quinn Built The World’s Largest Litigation Specialist [Ed: Why does Forbes champion thugs and bullies? They contribute nothing to the planet.]
      • Copyrights

        • Heuking embarks on mixed approach with patent attorney hire [Ed: This is truly ridiculous marketing spam from Christina Schulze, who used to do actual journalism. JUVE wants you to think that some firm hiring a relatively ‘low-level’ person is noteworthy “news” (follow the PR money)]

          Engineer and patent attorney Isabella Sommer-Zhang (31) has joined Heuking Kühn Lüer Wojtek‘s four-lawyer-strong patent litigation team in Düsseldorf. She previously worked for patent attorney firms Farago and Jostarndt in Aachen, passing her European patent attorney examination last year

          As part of her education and training in electrical engineering and information technology, Sommer-Zhang worked for clients such as OLEDWorks. She also gained experience with AI patents through work for technology company Komet, and 3D metal printing manufacturer Aixway.

        • [Guest post] The new German competition tool in action – Ensuring the effectiveness of the new press publisher’s neighbouring right against Google

          On 12 January 2022, the German Competition Authority (Bundeskartellamt) announced that it would hold consultations in the press publishing sector on the Google News Showcase online service (see press release here). Already in June 2021, the Bundekartellamt had initiated proceedings against Google following a complaint by Corint Media concerning Google’s licensing and presentation practices i.a. in the News Showcase service. Corint Media is the German Collective Rights Management Organisation (CMO) responsible for the management of the neighbouring rights of broadcasters and press publishers, including the German press publisher’s neighbouring right under Section 87g of the German Copyright Act.


          Google has now declared that it will not include the Showcase content in its general search results and has proposed further measures to respond to the competition concerns, such as to modify the Showcase contracts and to clearly separate them from the negotiations between Google and the press publishers or their CMOs with regard to their neighbouring rights. Andreas Mundt, President of the Bundeskartellamt stated: “Google has proposed measures to respond to our competition concerns relating to Google News Showcase. The company no longer plans to include Showcase content in the general search results. The conditions for participating in Google News Showcase are not intended to prevent publishers from enforcing their general ancillary copyright. Access to Google News Showcase is based on objective criteria. We rely on the assessment of the market players affected to ensure that the measures proposed by Google are effective. In view of the wide variety of interests the publishers may have we are thus conducting broader consultations in the sector.”

          Google’s proposed commitments are not publicly available, and it will be interesting to see the outcome of the Bundeskartellamt’s consultations in the sector. Certainly, as the consultation and negotiations progress, we will learn more details on what Google is offering exactly.

        • Pirate IPTV Reseller Ordered to Pay TV Companies $164,000 in Damages

          A 58-year-old man has been ordered to pay four Swedish TV companies more than $164,000 in damages after being found guilty of selling illegal IPTV service subscriptions. He claimed that a third party was responsible for the sales but a local court found him guilty of copyright infringement offenses, also handing down a four-month suspended prison sentence.

Peak Code — Part III: After Code

Posted in Free/Libre Software, GNU/Linux at 3:58 am by Guest Editorial Team

Article/series by Dr. Andy Farnell

This work is licensed under version 4.0 of the Creative Commons CC-BY-SA license

Series parts:

  1. Peak Code — Part I: Before the Wars
  2. Peak Code — Part II: Lost Source
  3. YOU ARE HERE ☞ After Code


Summary: “Surveillance perimeters, smart TVs (Telescreens built to Orwell’s original blueprint) watched over our living rooms. Mandatory smart everything kept us ‘trustless’. Safe search, safe thoughts. We withdrew. Inside, we went quietly mad.”

The mind can rule the body. Psychogenic death happens when the software gives up. After a cancer diagnosis or a voodoo curse some people age ten years in a month and pass away even while quite healthy. We think empires fall from over-reach, but that is only half a truth. History books say the edges crumbled, but in fact Rome died first and things fell apart from the inside. The centre can only hold strong where there is uncorrupted will. The fish rots from its head.

“Before this self-devouring monster, the imperfect technological society of the twenty first century had built itself on the energy and love of those they called the “hackers”, many of whom lived and worked in the twentieth century.”People always asked me, before the collapse, “But how will we build a Utopia”. I laughed. Real people are not driven by visions of Utopia, but by the simple faults at the edges of life. At heart we are explorers who must find new risks, healers who seek out our injured, teachers who seek the attention of those hungry for knowledge, and protectors who see danger and vulnerable others to put ourselves between. Those are our itches at which we scratch. It is in service of each others’ suffering that we find meaning.

A Utopia? A society so perfect, so abstracted, so managed, so owned, so tranquil, so fair, so incorruptible in its smartness, so beyond mere technology – is a society not worth living in or for. It is a simulation and performance of a society that offers no reason for itself but that everything be in service of it.

Before this self-devouring monster, the imperfect technological society of the twenty first century had built itself on the energy and love of those they called the “hackers”, many of whom lived and worked in the twentieth century. Simply, they were workers, though some elevated themselves to titles like “developer”, “CTO” or “computer scientists”. We were always workers.

“Hackers were all sorts of things, but foremost they were people. Software is people.”Some were intrinsically motivated autotelic personalities engaged in the love of problem solving. Some were quiet moral labourers committed to the challenge of building a “better world”. Some were social refuseniks who hid behind avatars and anonymity. Others were dissatisfied and restive women and men, motley crews of misfits and egotists hungry to be known and admired. Hackers were all sorts of things, but foremost they were people. Software is people.

People built and ran the machine. Now, there it was, at last. Tamed. A system so slick, elegant, and otherly. It could provide everything we asked for, except for one thing – its absence. Any whim, impulse or fantasy… satisfied now. Delivered instantly, no pause, no shame, pay later. Anything you like, except for one simple request, that it shut itself off and leave us alone. Soon, all people talked about was the machine, it’s constant demands for our happiness, acquiescence and smiling fealty.

“A dearth of new coders was eclipsed by the crisis of maintainers, growing old and retiring.”Nobody noticed the shrinking number of human accounts at the Ministry of Code. A dearth of new coders was eclipsed by the crisis of maintainers, growing old and retiring. Schools had not taught programming for decades. Universities had dumbed down computer science courses to certificate training. Hackers were brought into the fold, domesticated and made “ethical”.

By the time the BigTeks realised that education was a real hard and unprofitable profession they had trained a generation of mindless, and mostly useless digital mechanics who could not think beyond their parochial, proprietary instructions.

By the time the tech press reported just how serious the recruitment problem was, it was 20 years too late. Some old guy named Linus, someone of importance if I recall correctly, retired, leaving half-hearted replacements and a bloated, fragmented project that soon faltered. Your aunt Alice fought in the Kernel Wars you know, but we don’t talk about Alice.

“Trillionaire philanthropists opened their bank accounts, “Money no object” they said. But it was no use. Old hackers want walks in the park with the grandkids.”The “war” that never happened began when BigTek and the governments needed a narrative to explain what was happening. They wanted the old hackers back. But they were dying-off by then. Forty years too late, they offered to pay for Free software. “Code whatever you like” they said, “We’ll pay whatever it takes”.

Trillionaire philanthropists opened their bank accounts, “Money no object” they said. But it was no use. Old hackers want walks in the park with the grandkids. “Not my business any longer”, they said. We tried to train new hackers, but those kids weren’t interested, ambivalent now towards technology that only seemed to control their lives. It was “no fun to compute”. The excitement of possibility, of “making a difference”, was gone.

So the powers needed an enemy, a scapegoat. Goldberg’s Neo-Luddite subversives, saboteurs, and malcontents were now blamed for the
software crisis. Supposedly “a secret resistance” were coding new systems that would save us. Was that a worry or a wish? But beyond the fantasies of the press, nobody could find Eponymous. The CIA, adept at entrapment and honeypots, created fake “militant hacker groups” to draw in and reorient high-IQ candidates, but nobody joined.

“We tried to train new hackers, but those kids weren’t interested, ambivalent now towards technology that only seemed to control their lives.”The sun was setting on the age of software. We’d enjoyed all we dreamed of. Drones flew in the skies over our houses, protecting us. Fingerprint door handles kept out the bad men. Everything was on the Face-Chain. Surveillance perimeters, smart TVs (Telescreens built to Orwell’s original blueprint) watched over our living rooms. Mandatory smart everything kept us ‘trustless’. Safe search, safe thoughts. We withdrew. Inside, we went quietly mad. We went Meta. And then Meta metastasised, into the heart of our care, until there was care no more. Nobody cared. Nobody coded. And the machine whimpered.

IRC Proceedings: Saturday, January 22, 2022

Posted in IRC Logs at 3:16 am by Needs Sunlight

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