Judge Marijan Bertalanič, photo from vecernji.hr
Summary: The EPO’s notorious Vice-President, whose appointment at the EPO is still raising some alarming questions, has just lost his case in Croatia (one of many cases), motivating us to accelerate coverage about the persona known as Željko Topić
“BREAKING NEWS FROM ZAGREB,” heralded a source of ours this afternoon (European time). Željko Topić, who faces many criminal charges in Croatia, is failing to silence those who pursue justice against him.
“We just got news from Zagreb,” said our source, “that judgment has been delivered in Topić’s defamation case against Vesna Stilin.” (see background in the many older articles of ours)
“The case was being heard before Judge Marijan Bertalanič of the Municipal Criminal Court of Zagreb. A photo of the judge can be found here” (along with related photographs)
“It seems that Mr. Bertalaničwas not too impressed by Mr. Topić and according to what we have heard he has dismissed the defamation claim against Ms. Stilin.
“This is a first instance judgment so it remains to be seen whether or not Topić will try to appeal it.
“We expect to get a copy of the judgment (in original Croatian) in the next day or two.”
Techrights and its supporters will try to organise an English translation so that people outside Croatia, including EPO staff, are better able to know what Topić is up to. More details are to follow as they become available, but in the mean time, as Topić likes to silence his critics, we wish to add material that needs preserving for future reference. We still have plenty of material to show which relates to the Topić vs. Vesna case, and vice versa, so this is crucial. It’s no secret that Topić is bullying his critics to silence them. Some more documents, other than the famed article from 45lines.com, need to be added to our server now. These documents are currently looking for a new “home”; The old documents, namely the following PDF documents relating to the Topić case at the EPO, were analysed here before. These are currently “housed” on the server of the Croatian NGO Juris Protecta, but they may not stay there for much longer. We request assistance from our readers who are able to mirror these documents in case we too feel pressured to remove these. The documents are as follows:
“We have been told by Juris Protecta,” said sources of ours, “that they are worried that if they publicise the links to these PDFs, their Croatian provider may be pressurised to shut down their website.
“The PDF documents in question are basically those cited in the letters sent to the Administrative Council in December 2013 by Juris Protecta and Vesna Stilin. Those letters have been reproduced in the Techrights article about Battistelli’s “Balkan standards”.
“Juris Protecta is currently planning to circulate something about its earlier letters to the Administrative Council and wants to include links to the PDFs.
However, it is afraid that if it uses the links to its jurpro.hr server, then the Croatian provider might be put under pressure to shut down its website.
“We don’t think that there is any problem with you publicly explaining that Juris Protecta is nervous about the risk of having its server in Croatia shut down.
“You might recall that there was a “hacking”/”cracking” attempt recently on the Croatian new portal dnevno.hr after they published an article with some comments about Topić.”
As a reminder, we too suffered DDOS attacks around the same time we published important articles about Topić, but we could never prove there was a correlation, only a coincidence in timing. There is also a huge amount of cracking attempts (dozens per minute) attempted against us since the DDOS attacks began half a year ago. When it all started (knocking our site offline at times) the only concurrence we could lay a finger at was EPO articles.
“Dnveno.hr was offline for quite a while (we estimate a couple of weeks),” said our sources, “and only seemed to become accessible again after the Croatian Presidential election was finished on 11 January. So the fears expressed by Juris Protecta are understandable and the issue can be mentioned publicly.”
We are going to write a lot more about Topić in the coming weeks if not months. Our multi-layered servers infrastructure is much better protected from DDOS attacks at the moment. █
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Nontechnical people in black gowns and white wigs to decide on huge things
Summary: The US Supreme Court may soon start dealing with a legal assault on Android and in the process hopefully end the notion of copyright on APIs
SOFTWARE bully Oracle, which pretty much put to rest all of Sun’s Free software except few successful items (e.g. MySQL and VirtualBox, but not OpenOffice) and now attacks Java’s integrity by preventing deviations using abuse/misuse of copyright law, is still at it. The Court of Appeals for the Federal Circuit (CAFC), one of the most ridiculous and insidious courts in the world (both corrupt and biased), let Oracle have its way against Android, essentially sending a warning shot not just to those inspired by Java but everyone who reuses names of/in interfaces. This is dangerous and it is heading for judgment by the highest court, SCOTUS.
“Just like software patents, here we have something that both Free software and proprietary software developers should be united against.”According to some articles about SCOTUS, such as this report from Steven J. Vaughan-Nichols, the case that can affect so many programmers is potentially to be decided by the same court that recently defanged a lot of software patents (much to the regrets of the USPTO). Vaughan-Nichols writes: “Google has had enough of its long-running legal battle with Oracle over whether application programming interfaces (API)s can be copyrighted. The search giant has asked the Supreme Court of the United States (SCOTUS) to bypass further battles in lower courts and address the API copyright issue once and for all. SCOTUS, in return, is soliciting the Obama administration for its view of the case before moving forward.”
Well, it is proceeding pretty much as expected. The British media put it like this:
The US Supreme Court hasn’t decided whether it will hear arguments in the long-running dispute between Google and Oracle over Java copyrights, and it has asked the Obama administration to weigh in before it makes up its mind.
An expert in legal matters of the Free software world recently  named this case one of the top 10 “FOSS legal developments of 2014″. It is probably one of the top “legal developments of 2014″ if not one of the top “technical legal developments of 2014″, especially when it comes to programming. The case affects not only FOSS. Just like software patents, here we have something that both Free software and proprietary software developers should be united against. █
Related/contextual items from the news:
The litigation surrounding Android continued this year, with significant developments in the patent litigation between Apple Computer, Inc. (Apple) and Samsung Electronics, Inc. (Samsung) and the copyright litigation over the Java APIs between Oracle Corporation (Oracle) and Google, Inc. (Google). Apple and Samsung have agreed to end patent disputes in nine countries, but they will continue the litigation in the US. As I stated last year, the Rockstar Consortium was a wild card in this dispute. However, the Rockstar Consortium settled its litigation with Google this year and sold off its patents, so it will no longer be a risk to the Android ecosystem.
The copyright litigation regarding the copyrightability of the Java APIs was brought back to life by the Court of Appeals for the Federal Circuit (CAFC) decision which overturned the District Court decision. The District Court had found that Google was not liable for copyright infringement for its admitted copying of the Java APIs: the court found that the Java APIs were either not copyrightable or their use by Google was protected by various defenses to copyright. The CAFC overturned both the decision and the analysis and remanded the case to the District Court for a review of the fair use defense raised by Google. Subsequently, Google filed an appeal to the Supreme Court. The impact of a finding that Google was liable for copyright infringement in this case would have a dramatic effect on Android and, depending on the reasoning, would have a ripple effect across the interpretation of the scope of the “copyleft” terms of the GPL family of licenses which use APIs.
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Summary: Steve Jobs recalled for his reasonably hostile track record of megalomaniac tendencies
ONE of our readers sent us some interesting reports about Steve Jobs’ rudeness , determination to attack Android/Linux with patents , and a lawsuit  over DRM  where Steve Jobs’ ghost is back to haunt digital freedom.
“He also started a wave of patent abuses, ranging from threats (like those veiled threats against Palm) to lawsuits that would last several years and drain budgets, remove features, etc.”Over the years we have criticised Steve Jobs (before and after his death) because his contribution to DRM — contrary to what Apple fans care to admit — has been great. He also started a wave of patent abuses, ranging from threats (like those veiled threats against Palm) to lawsuits that would last several years and drain budgets, remove features, etc. So much for innovation, eh?
We continue to reject the notion that just because someone is dead it should be impossible to criticise him or her, especially if that person is a public figure (like a politician). Sadly, however, some people disagree and want to treat any criticism of Jobs like blasphemy or “speaking ill of the dead” (inducing censorship). As the reports below serve to show, Jobs does not deserve to be treated as though he was a hero, except perhaps by those who cherish corporate control over people, using digital means (that’s why the corporate press loves to idolise Jobs so much). █
Related/contextual items from the news:
Emails sent by Jobs have surfaced once again in a class action lawsuit brought against Apple (AAPL, Tech30) for making iTunes the exclusive store for iPod music. Jobs’ emails are characteristically frank, which could hurt Apple.
Jobs’ famous candor wasn’t limited to face-to-face encounters. His brusque manner translated to email as well. That’s unusual for modern CEOs, who are trained to exercise restraint in emails. Those words can easily be entered as evidence in a trial.
Either Jobs didn’t get that message — or he didn’t care. These 10 emails from Apple’s co-founder reveal the stern, outspoken and often witty personality that made him one of the most charismatic CEOs of his era.
Anyone who follows the smartphone and tablet market knows that Android has become the No. 1 mobile operating system in the world. They also know that, prior to his death in 2011, Steve Jobs was not very happy about Google’s mobile operating system. In fact, he made a rather bold threat when he talked about his dislike of this competing mobile OS.
“I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong. I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this,” the late CEO famously said.
This morning, Apple will begin a duel over claims that it used copy-protection schemes known as “digital rights management,” or DRM, to illegally manipulate the market for iPods. The lawsuit, filed nearly 10 years ago, puts some legal firepower behind activists’ claims that the copy-protection DRM is “defective by design.”
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CAFC may finally be seen as regaining some sanity
Summary: After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma
The Court of Appeals for the Federal Circuit (CAFC) has been by far the most zealously pro-software patents court, perhaps in the entire world. It’s where software patents originally came from.
Dennis Crouch, who is himself somewhat of a patents booster, sees the significance of a new ruling from CAFC. See his article titled “Federal Circuit: Novelty in Implementation of an Abstract Idea Insufficient to Overcome Alice”. This actually relates to a ruling from SCOTUS then (‘Alice’ to be specific), overriding a previous ruling from CAFC.
This is potentially a to-be-widely-cited decision that can be huge for software patents (or against them rather). There is lots of coverage in the press about it [1, 2, 3]. Here is one introduction to the case:
In tech, patent trolls do not settle for small victories; they tend to go big, claiming that their one vague patent gives them the rights over gigantic swaths of the digital world. One troll insists that it owns the patent that covers all podcasting. Another claims it can lord over the maker of any app that asks users to submit data. And a particularly bold troll has spent years claiming it owns the rights to the very concept of playing advertisements before a free online videos—and it has tried shaking down YouTube and Hulu for royalty payments.
As the EFF put it:
On September 9, 2009, a patent troll called Ultramercial sued a bunch of Internet companies alleging infringement of U.S. Patent 7,346,545. This patent claims a method for allowing Internet users to view copyrighted material free of charge in exchange for watching certain advertisements. Yes, you read that correctly. Ultramercial believed that it owned the idea of showing an ad before content on the Internet.
TechDirt did the best kind of coverage by being bluntly honest. “It looks like the Ultramercial saga may finally be ending,” it said. “As we’ve been covering for many years, Ultramercial held a patent (7,346,545) on watching an ad to get access to content, and it sued lots of companies. While a lower court rejected the patent, CAFC (the appeals court for the Federal Circuit, which handles all patent cases) overturned that ruling. The key issue: is something patentable if you take a common idea and just add “on the internet.” CAFC said yes. The Supreme Court asked CAFC to try again following its own ruling in the Mayo case (which said you couldn’t patent medical diagnostics). But CAFC still found the patent to be valid. Finally, earlier this year, following the Alice ruling, the Supreme Court gave CAFC a third try to get it right.”
It’s actually SCOTUS which deserves some credit here. The Ultramercial-friendly CAFC has ultimately wasted so much money of innocent people and businesses, showing the great harm of software patents. It’s only when Ultramercial faced the wrath of SCOTUS that the CAFC had to rule based on actual law, which to CAFC would be the exception (it is a very corrupt court in general, with plenty to show for it). █
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Summary: Challenging the clueless ruling from the Court of Appeals for the Federal Circuit in the United States (very pro-software patents and anti-computer science), notable programmers write to the highest court
The SCOTUS and CAFC don’t often agree about patents. One possible (and commonly named) explanation is that the CAFC is inherently corrupt after patent maximalists got hold of positions of power, whereupon hid their conflicts of interest. CAFC, especially in its current form, should not be allowed to exist. It’s rogue.
Ruling in favour of Oracle, CAFC recently made copyrights on APIs a dangerous precedent and computer scientists are rightly fuming, seeing how a bunch of ignorant lawyers make a mockery of anyone who understands how computers work. As IDG put it:
Computer scientists have asked the U.S. Supreme Court to reverse an appeals court decision that Java APIs, the specifications that let programs communicate with each other, can be copyrighted.
In a dispute between Oracle and Google, the 77 scientists argue that the free and open use of the application programming interfaces has been both routine and essential in the computer industry since its beginning, and depended on the “sensible assumption” that APIs and other interfaces were not copyrightable.
“When Google wrote its program-interface (API) for Android, the company made a strategic decision to mimic the method call structure of Java,” writes Dennis Crouch under a misleading headline. “In the Copyright [CAFC] lawsuit,” explains Crouch, “the district court held that the API method headers were not protectable under copyright. However, the Federal Circuit reversed on appeal — finding the Java API taxonomy copyrightable as a whole. In particular, the appellate panel led by Judge O’Malley rejected the idea/expression merger doctrine since there are many other ways that functionally equivalent method-calls could have been constructed besides those found in Java. “Merger cannot bar copyright protection for any lines of declaring source code unless Sun/Oracle had only one way, or a limited number of ways, to write them.””
Anyone with a bit of a clue about programming (which makes about every patent lawyers or judge unsuitable to comment) can say that this is a ridiculous case with pretty much no basis at all. Many famous computer scientists have already written to the Court about this. As TechDirt put it:
Perhaps the most interesting was put together by the EFF, and was signed by 77 computer scientists, including many of the most well-known and most respected computer scientists around, including Hal Abelson, Brian Behlendorf, Ward Cunningham, Peter Deutsch, David Dill, Dave Farber, Ed Felten, Mitch Kapor, Alan Kay, Brian Kernighan, Guido van Rossum, Avi Rubin, Bruce Schneier and Bjarne Stroustrup among others. There are a lot more, obviously, but those were just a few of the names that stood out.
Perhaps realising that fellow OIN members and Android users can attack Android itself, Google has meanwhile signed this defensive deal with LG:
LG Electronics and Google sign a 10-year cross-licensing agreement that gives Google access to wearable device patents while encouraging LG to continue marketing Android mobile devices.
Android is by far the best selling platform right now, so no wonder it comes under fire. Since it is inherently Open Source (AOSP) and even Free software for the most part (it uses and contributes to Linux), we do care about this case a great deal and will keep on following it as a matter of priority. █
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Image from Wikimedia
Summary: Microsoft collusion with patent extortion (as in the early days of the Microsoft-Novell deal) continues to this date, reveals Samsung
MICROSOFT must be in a state of panic. It does irrational things, like a stranded criminal. Microsoft's lie about 'loving' Linux was facing sheer resistance from FOSS luminaries because the lie is just outrageous beyond words]. It is the very inversion of the truth and it is as ridiculous as saying that BP loves Shell and Shell loves BP, to give just one hypothetical example. It makes no sense at all, so why does Microsoft bother trying?
This new article titled “Samsung says Microsoft deal invites ‘charges of collusion’: filing” has been rather fascinating. Microsoft is apparently ‘loving’ Linux so much that it colludes against it. Well, will Nadella go to prison? Bill Gates and Steve Ballmer perhaps? What silly questions! Rich people don’t get sent to prison for rich people’s (white-collar) crimes. Microsoft pretends to “love” Linux while quite clearly attacking it, still. Android uses the Linux kernel, just as a reminder.
“This is beyond extortion. It’s an antitrust violation and even collusion/corruption.”To quote the article: “Samsung said its collaboration with Microsoft on Windows phones raised antitrust problems once Microsoft completed its acquisition of Nokia’s handset business, according to a court filing.”
So here we have a criminal company using collusion and abuses under the guise and cover of NDAs. As SJVN put it in his blog: “Samsung fires another shot at Microsoft in Android patent battle”
SJVN’s argument is that “[t]his move came as no surprise to lawyers who’ve been following the case. One intellectual property (IP) attorney whose firm is covering the case closely said that Samsung is simply adding another argument to their contention that their existing Microsoft Android patent deal is invalid on business contract grounds.
“According to Reuters, Samsung said it agreed to pay Microsoft Android patent license royalties in 2011, but the deal also stated that Samsung would develop Windows phones and share confidential business information with Microsoft. If Samsung were to sell a certain number of Windows phones, then Microsoft would reduce the Android royalty payments.”
This is beyond extortion. It’s an antitrust violation and even collusion/corruption. Will criminal charges be brought against anyone? Will anyone in government bother trying to press charges? Not likely.
As Mr. Pogson put it the other day, Windows is in very serious trouble and therefore Microsoft is too. GNU/Linux, on the other hand, keeps growing, especially in smaller devices such as phones and tablet, notably owing to Android. To quote Pogson’s conclusion:
So, XP is dead, “7” is dying, “8” is a zombie, and “10” is vapourware with nowhere to call home. M$ continues layoffs. POOF! It all falls down. In the meantime Google and the OEMs will crank out many millions of ChromeBooks. Canonical, Linpus, RedHat, Suse… and the OEMs will crank out many millions of GNU/Linux PCs. Several OEMs will crank out many millions of GNU/Linux thin clients. Android/Linux will reverberate with another billion or so units of small cheap computers(tablets, smartphones). This looks like good news to me.
Yes, well, Microsoft too realises that Linux is winning, so it is left with either the option to demonise it or to monetise it, e.g. through hosting or patent extortion. In a sense, Microsoft needs Linux more than Linux needs Microsoft. Linux needs none of Microsoft. All that Microsoft does is commit crimes against Linux, so Linux proponents can only hope for total elimination of Microsoft.
There are layoffs at Microsoft, as Pogson pointed out, and this includes salespeople. To quote Value Walk: “According to knowledgeable sources who spoke to Business Insider on Friday, October 31st, Microsoft Corporation (NASDAQ:MSFT) is laying off its entire global advertising sales team. The reduction in force comes as the ad sales positions have become largely redundant as individual divisions are handling their own ad sales today.”
Here again we see that these layoffs were not about Nokia. Microsoft tried hard to paint that sort of picture to save face.
When it comes to Microsoft, the more layoffs, the merrier. This company destoryed many jobs using its crimes and these sorts of crimes clearly continue to this date. In a sense, GNU and Linux won’t be safe until Microsoft is totally gone. █
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Summary: Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not “charity”)
THE Gates Foundation is run and controlled by a rude and arrogant sociopath masquerading as a “philanthropist”. Based on the latest news [1, 2, 3], he doesn’t like his next-door neighbours in the US and does not obey the law (he is facing fines for it), so what chance is there that he will like some strangers in a place like Africa or India and and that he will ever obey African or Indian laws? He keeps getting richer every year, but much of the press (part of which he bribes) portrays him as a giver. Bribing politicians and newspapers is not “charity”, but when you pay the newspapers they might as well paint it as anything that suits them. Besides, it’s common to just call the “bribes” something like “campaign contributions” (among other euphemisms) to make it seem lawful, ethical, and acceptable.
Earlier this year a publication that had been bribed by Gates finally dared to criticise him for something. It mostly stopped doing that after he had bribed it, so this was the exception. But it was a flawed critique. It should already be broadly and widely understood that Gates uses ‘charity’ for tax-free investments in dubious work that requires, for example, high-risk clinical trials, casting it “charity”. Making it look like “charity” has the benefit of not having to operate like a standard business and be subjected to the same rules/laws. The Gates-bribed publication correctly pointed out that Gates was “boosting his fortune by another £9.6bn last year,” but it neglected to say he he avoids paying tax. Instead it focused on Microsoft and other companies. Here is a half-truth (or half lie): “Gates says he pays his personal taxes. Great.”
No, he doesn’t.
He puts it in a shell that helps him evade tax. A shame really that writers cannot see something so obvious…
The writer carries on: “But he made all that money from Microsoft which, like other tax-avoiding technology giants such as Amazon, Facebook and Google, uses sophisticated systems to shift paper profits around the planet and evade the designs of governments.”
This is another half-truth (or half lie). Gates actually makes a lot of his money not from Microsoft but from investment in very controversial companies that greatly harm society. We gave dozens of examples over the years.
The author continues: “Indeed, so extreme are its methods the company was used as a case study in a Senate investigation into US corporate tax avoidance, which found one example of offshoring profits through a tiny Puerto Rico office alone saved it $4m a day in taxes.”
What about the (mis)use of charity to evade tax? Well, a Gates-funded paper would not want to mention that. Here comes some shameless fawning: “Gates has every right to do what he wants with his wealth. It is to his credit he is giving away so much, persuading other billionaires to do the same and championing causes close to his heart – although as others have pointed out, even this is not immune to tax advantages. His determination to push vaccinations and prevent malaria is laudable. But if he wants to discuss development, preach about poverty and tell nations how to spend taxpayers’ money, he should put his own house in order first.”
What a complete hogwash. There are so many factual errors in this paragraph. It’s purely marketing garbage and those being lured to read the article are going to end up indoctrinated and brainwashed, as if Gates is some kind of “saint” and the “evils” are just some large corporations that people supposedly envy (and it should be noted that Gates remains deeply involved in the law-breaking Microsoft that’s as criminal an entity as ever before). Not only Microsoft dodges tax, Bill Gates does too. To make matters worse, he exploits poor people to make even more money whilst avoiding tax. Microsoft puts offshore billions of dollars to avoid tax and Gates dodges taxation by pretending that his business is a “charity”.
“The trial is years overdue and possible belated to the point where irreversible damage is done.”Just how much of a “charity” is the Gates Foundation? Well, today we’ll turn our attention to some recent news.
Some years ago we wrote about children dying in India after Gates had experimented on them. GlaxoSmitheKline was involved and remember that GlaxoSmitheKline is very much connected to Gates in numerous ways. Well, back in August in the corporate Indian media there was this article which said: “Earlier this month, taking a serious view of the death of seven tribal girls in the context of the observation studies, the Supreme Court asked the Drug Controller General of India (DCGI) and the Indian Council of Medical Research (ICMR) to explain how permissions were given.
“The SC bench of justices Dipak Misra and V Gopala Gowda asked the Centre to produce relevant files that pertained to the grant of licence for trial of the HPV vaccine in India. The court also asked the Centre to appraise it of steps taken on the report of the parliamentary committee.”
Suffice to say, the Gates apologists are trying to paint this as the anti-vaccine movement with its claims of conspiracies to infect/sell. But the truth may be somewhere in between. What we saw in India was a clinical trial with low risk of litigation (for example in case a subject dies). As Andrew Powell from Wales pointed out in the comments: “‘A wise dog never poops on his own doorstep’. A man, known for his philanthropic and ethical character, finds it essential or preferable for his American company to guinea-pig his new drugs on people living on the other side of the world. What made him rule out testing it on Harvard Sophomores?”
This is like in the movie Constant Gardener, which is a very strong movie with a long-lasting impression to be left (based on my own experience and others’).
The corporate media us usually too shy to touch such a topic because of the anti-vaccine hysteria that’s often so irrational or taken out of context where concerns are more or less valid. Based on the article above, the “committee found that the objective behind the observation studies in India primarily was to collect and record data on the effect of the vaccines on the minor subjects.”
So, it was after all a clinical trial. Unbelievable. How can Gates and his corporate partners get away with it? The legal challenge/potential trial is years overdue and possibly belated to the point where irreversible damage is done. Here is what Activist Post wrote about this along with other sites like Natural Society:
Furthermore, though absent from most mainstream U.S. media outlets, the Economic Times of India published their report in August 2014, stating that young tribal girls were tested with HPV vaccines. This involved not a handful of children, but 16,000 individuals in Andhra Pradesh, India, where they were given the Gardasil vaccine.
KP Narayana Kumar reported that within a month of receiving the vaccine, many of the children fell ill, and by 2010, five of them had died. Another two children were reported to have died in Vadodara, Gujarat, where another 14,000 tribal children were vaccinated with another brand of the HPV vaccine, Cervarix, manufactured by GlaxoSmitheKline (GSK), who incidentally, has been accused of dumping polio virus into a Belgium river.
Consent forms to administer the HPV vaccine were ‘illegally’ signed by wardens form youth hostels, showing that the Gates’ prey on the indigent without parents. For those who had parents, most were illiterate, and the true potential dangers of the vaccines were not explained to them.
SAMA, an organization in India which promotes women’s health discovered this insidiousness, and reported it, but only now will Gates and his cronies have to answer for their misdeeds. Approximately 120 girls reported epileptic seizures, severe stomach cramps, headaches, and mood swings, of those who did not die. Other girls receiving the Gardasil vaccine have experienced infertility.
To truly understand what Gates is doing here one can rent the movie The Constant Gardener (2005). It is tough to watch, but there is an educational angle/value to it. This whole thing is despicable and it helps show that Gates is above the law, internationally. He sort of “harvests” the world’s poorest people in his ruthlessly capitalistic aspiration to enhance his political power and increase his wealth. Expect Gates to pull some political strings to pull out of this court ‘nuisance’. The rich are above the law when they can typically just pay their way out. Remember that Gates was arrested as a teenager and freed on bail because his father was very affluent; this was not the last time that Gates got out of trouble with the law just because he was wealthy. It’s a systemic problem and a relatively poor country like India is unlikely to be potent enough to convict Gates. It did, however, find Microsoft guilty for tax evasion. That was over half a decade ago. █
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Photo from Reuters
Summary: A long series of abuses in CAFC may as well suggest that this court has become broken beyond repair
THE Court of Appeals for the Federal Circuit (CAFC), a corrupt court which brought software patents to the world some decades ago, is seriously considered rogue and some are calling for it to shut down.
Mike Masnick names another reason to shut down CAFC: “Back in 2004, when I first read the book Innovation and Its Discontents, I was convinced that the Court of Appeals for the Federal Circuit, better known as CAFC, or the “patent appeals court” was a huge part of the problem with the patent system. It was the special court that had been set up in the early 80s to handle all patent appeals, based on the totally misplaced notion that because patent issues were so technical, regular appeals courts wouldn’t be able to handle the nuances. What we got instead was a court that became “patent specialists” in that they spent much of their time with the patent bar — who tended to be lawyers who profited handsomely from an ever expanding patent law. It didn’t help that one of the original CAFC judges was Giles Rich, a former patent attorney who almost single-handedly wrote the Patent Act of 1951. Rich more or less made it his lifetime goal to expand the patent system to cover “everything under the sun made by man,” and he came close to succeeding.”
The article is titled “CAFC: The Rogue Patent Court, Captured By The Patent Bar, Needs To Go Away” and it very much reflects on what we see much of the time.
The numbers of controversies or corruption (as we have covered before) surrounding CAFC indicate that it should not be unthinkable or controversial to suggest shutdown. When is a court deemed “above the law”? █
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