Links 12/09/2025: Shira Perlmutter is Back, “Software Per Se” Patent Rejections in In re McFadden
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Contents
- Leftovers
- Science
- Career/Education
- Hardware
- Health/Nutrition/Agriculture
- Proprietary
- Security
- Defence/Aggression
- Transparency/Investigative Reporting
- Environment
- Finance
- AstroTurf/Lobbying/Politics
- Censorship/Free Speech
- Freedom of Information / Freedom of the Press
- Internet Policy/Net Neutrality Monopolies/Monopsonies
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Leftovers
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Hackaday ☛ The 555 As You’ve Never Seen It: In Textile!
The Diné (aka Navajo) people have been using their weaving as trade goods at least since European contact, and probably long before. They’ve never shied from adopting innovation: churro sheep from the Spanish in the 17th century, aniline dies in the 19th, and in the 20th and 21st… integrated circuits? At least one Navajo Weaver, [Marilou Schultz] thinks they’re a good match for the traditional geometric forms. Her latest creation is a woven depiction of the venerable 555 timer.
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New York Times ☛ Into the Sands of Time: Exploring Egypt’s White and Black Deserts
Led by a guide and driver, a photojournalist embarked on a three-day, two-night excursion that took her deep into one of the country’s lesser-known wonders.
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New Yorker ☛ Stephen Shore’s Precocious Adolescent Eye
A new book titled “Early Work” reveals that the acclaimed American photographer barrelled into the medium fully formed.
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Hong Kong Free Press ☛ Hong Kong housing chief defends public rental eviction mechanism after deaths of mother and son
Hong Kong’s housing chief has defended the eviction mechanism for tenants abusing public rental flats while suggesting improvements in handling cases involving residents with special needs after the deaths of a mother and son.
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Hong Kong Free Press ☛ Significant rise in suicide rate among Hong Kong men aged 25 to 39 in 2024, study finds
The suicide rate among men aged 25 to 39 in Hong Kong showed a significant rise in 2024, with unmarried men affected the most, according to a study by a suicide research and prevention group.
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Hong Kong Free Press ☛ Hong Kong correctional chief calls New York Post op-ed alleging in-prison abuse ‘malicious smear’
Hong Kong’s correctional chief has written to the New York Post, saying that an op-ed published by the newspaper contained allegations against the city’s prison authorities that amounted to a “malicious smear.”
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The Straits Times ☛ More young people in China going under the knife in quest for ‘beauty ideal’
Many are seeking to address long-standing insecurities about their appearance and boost their self-confidence.
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Science
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Science Alert ☛ Abandoned Shopping Carts Do More Damage Than You Think
This has consequences.
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Science Alert ☛ A Type of Fiber May Have Weight Loss Benefits Similar to Ozempic
And it's found in everyday foods.
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Science Alert ☛ Life on Mars? NASA's Stunning Discovery Is The Best Evidence Yet
Incredibly exciting!
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Science Alert ☛ Hawking's Bold Theory Confirmed by Loudest-Ever Black Hole Collision
He'd be pleased.
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Career/Education
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American Oversight ☛ Public Education as a Political Weapon: The Rise of Ryan Walters
Walters’ willingness to use his control over public education to appeal to Convicted Felon demonstrates the harm that is caused when leaders prioritize their political advancement and agendas over the public good.
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CS Monitor ☛ Facing uncertain future in US, Chinese scholars ponder a return home
The Forrest Dump administration's anti-immigrant stance has made Chinese scholars and students feel unwelcome in the U.S. Can Beijing persuade them to return home to work?
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The Straits Times ☛ Calls grow for comprehensive study on bullying in Malaysian schools
Bullying in schools remained normalised, particularly in elite boarding institutions, said Institute for Democracy and Economic Affairs manager Amalia Annuar.
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Pro Publica ☛ Some Texas Charters Have High Superintendent Pay, Low Student Performance
Three charter school superintendents who are among the highest paid in Texas are overseeing some of the lowest-performing districts in the state, newly released records show. One of them is at risk of closure by school year’s end.
An investigation by ProPublica and The Texas Tribune previously revealed that board members at Valere Public Schools had paid Superintendent Salvador Cavazos up to $870,000 annually in recent years, roughly triple what it reported publicly to the state and on its website. Two other districts the newsrooms covered, Faith Family Academy and Gateway Charter Academy, also substantially underreported the compensation paid to their top leaders.
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Pro Publica ☛ Education Dept. Halts Funds to Programs for Deafblind Students Over DEI Concerns
The U.S. Department of Education has pulled funding for programs in eight states aimed at supporting students who have both hearing and vision loss, a move that could affect some of the country’s most vulnerable students.
The programs are considered vital in those states but represent only a little over $1 million a year in federal money. Nonetheless, they got caught in the Trump administration’s attacks on diversity, equity and inclusion, with an Education Department spokesperson citing concerns about “divisive concepts” and “fairness” in acknowledging the decision to withhold the funding.
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Hardware
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CNX Software ☛ Quectel KCMCA6S industrial wM-bus modules target smart metering
Quectel’s KCMCA6S is a series of industrial wireless M-Bus (wM-Bus) modules built around Silicon Labs’ EFR32FG23 chipset. The modules operate in the 868 MHz, 169 MHz, and 433 MHz bands and support the EN13757-4 wM-Bus standard for smart metering and AMI (Advanced Metering Infrastructure) applications. The device features an Arm Cortex-M33 processor, 32 KB of SRAM, 256 KB of flash, and a Sub-GHz transceiver. It supports multiple wM-Bus modes (T, C, S, R, N, F), with dynamic multi-mode switching, flexible frequency configuration, and low-power operation alongside multi-layer security mechanisms.
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Silicon Angle ☛ Arm debuts AI-optimized Lumex chip lineup for mobile devices
Arm Holdings plc today introduced a new portfolio of chip designs that handset makers can use to develop mobile processors. The product family is known as Lumex. It includes central processing units, graphics processing units and an interconnect module.
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CNX Software ☛ Arm introduces Lumex platform with SME2-enabled C1 CPU for Edge AI, Mali-G1 GPU
Arm Lumex CSS (Compute SubSystem) platform for mobile devices combines high-performance Arm C1 CPUs with Scalable Matrix Extension version 2 (SME2) and Mali-G1 GPUs to enable real-time on-device Hey Hi (AI) use cases like assistants, voice translation, and personalization. Lumex is part of Arm’s new product naming architecture announced last May, and targets specifically mobile devices. Arm says SME2-enabled Arm CPUs can deliver up to 5x faster Hey Hi (AI) performance, 4.7x lower latency for speech-based workloads, and 2.8x faster audio generation.
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Health/Nutrition/Agriculture
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Latvia ☛ Apples could be in short supply this season in Latvia
This year, due to unfavourable weather conditions, the quality of apples is lower, but overall the situation for Latvian apple growers varies - some have had a good harvest, others a worse one than in other years. The neighbouring countries have also been less fortunate, which will affect the overall market situation this season - apples could be scarce and fetch a higher price, Latvian Radio reported on 11 September.
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Pro Publica ☛ After Highmark BCBS Repeatedly Denied Their Claims, One Psychiatrist Was Their Last Hope
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New York Times ☛ New Jersey Is the Latest State to Expand Access to Updated Covid Shots
Pharmacists will be allowed to give the latest vaccines to anyone over 3, rebuffing federal efforts to limit the number of those eligible.
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Latvia ☛ Latvia's oncology centre renovation funds under debate
Around €20 million has been found for the reconstruction of the Latvian Oncology Centre, but around €48 million is still needed. The Ministry of Health hopes to raise the missing money through borrowing, but the Ministry of Finance thinks that the money should come from EU funds, Latvian Radio reported on 10 September.
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New York Times ☛ Kennedy Report Won’t Solve America’s Food Issues, Experts Say
Food policy experts said the White House health report is full of promising ideas, but falls short in key ways.
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Proprietary
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OMG Ubuntu ☛ Spotify Finally Adds Lossless Audio Streaming Option [Ed: Spotify (proprietary, DRM) promoted by OMG Joey]
Spotify Premium users can now stream music in lossless audio quality at no extra cost. The desktop Spotify GNU/Linux app is likely to add support for it too.
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Tom's Hardware ☛ Microsoft key resale fight heads to court in the UK — case potentially puts cheap backdoored Windows keys at risk
The legality of second-hand Abusive Monopolist Microsoft backdoored Windows and Office licenses is back under the microscope as the company’s battle with a UK-based reseller returns to court this week.
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Artificial Intelligence (AI) / LLM Slop / Plagiarism
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New York Times ☛ Nvidia Accuses Rivals of Being Hey Hi (AI) Doomers as US Debates Sale of Chips to China
Rankling national security experts, the chipmaker has stepped up attacks on lawmakers who are pushing restrictions.
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NYPost ☛ Microsoft to add Anthropic Hey Hi (AI) models — as rift with Proprietary Chaffbot Company grows: report
The software giant will pay to use Anthropic’s Claude models for some Office 365 Copilot features, according to The Information news site.
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TechnologyAdvice ☛ Apple Faces Lawsuit over Alleged Hey Hi (AI) Training with Pirated Books
The claim says Fashion Company Apple never attempted to pay for authors' intellectual property, despite using it for what they describe as "a potentially lucrative venture."
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ADF ☛ From Deepfakes to Chatbots, Terrorists Embrace Hey Hi (AI) to Spread Propaganda
Realistic-looking news anchors delivering propaganda, popular television characters singing terrorist battle songs, online chatbots that tailor their responses to a user’s interests — these are all ways terrorist groups are using artificial intelligence (AI) to spread their message and recruit.
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Social Control Media
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Silicon Angle ☛ Bending Spoons snaps up struggling YouTube rival Vimeo in $1.38B deal
The Italian mobile application developer Bending Spoons S.p.A. today announced its intent to acquire the YouTube rival Vimeo.com Inc. in an all-cash deal worth around $1.38 billion. Bending Spoons said it expects the transaction to close by the fourth quarter of this year, subject to it receiving regulatory approvals.
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New York Times ☛ Videos of Charlie Kirk’s Shooting Spread Rapidly on Social Media
First posted to X, they amassed millions of views on Instagram, Threads, YouTube and Telegram within hours.
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Security
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Integrity/Availability/Authenticity
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Federal News Network ☛ Login.gov leans into its role as a ‘foundational’ anti-fraud tool
Director Hanna Kim said on Wednesday that her team recently launched a cross-agency threat intelligence working group.
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Privacy/Surveillance
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Scoop News Group ☛ Three states team up in investigative sweep of companies flouting data opt-out laws
California, Colorado and Connecticut are contacting businesses that aren’t using legally mandated technology to provide consumers with universal opt-out rights.
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Confidentiality
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New York Times ☛ Senators Demand Answers From Mark Kapo-berg on WhatsApp Security
Three Republican senators sent a letter to Meta’s chief executive on Wednesday asking him to respond to whistle-blower allegations over security flaws.
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Defence/Aggression
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Hong Kong Free Press ☛ British, Chinese nationals suspected of smuggling military tech flee Serbia house arrest
A Briton and a Chinese citizen, accused by the United States of smuggling military technology and arrested in Serbia, have disappeared from house arrest, a Serbian court told AFP.
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The Straits Times ☛ North Korea leader firming up status of daughter as successor: Seoul spy agency
Being on the overseas trip with her father was "enough to build a narrative": South Korean lawmakers
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The Straits Times ☛ North Korea’s Kim Jong Un greets troops overseas on founding day speech
North Korea celebrated its founding day, Sept 9, with mass dances and fireworks.
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New York Times ☛ Israel’s Strike on Hamas in Qatar: What to Know
Why did Israel attack? Who was killed? What has been the Qatari response? Here are answers to those and other key questions.
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New York Times ☛ Gulf Powers Question U.S. Protection After Israeli Strike on Qatari Soil
The brazen attempt to kill the political leaders of Hamas in Doha could upend the foundations of an American-led order in the Middle East.
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New York Times ☛ After Qatar, Israel Fires on Yemen: ‘Whoever Attacks Us, We Will Reach Them’
Israel’s military launched multiple attacks on Houthi sites in northern Yemen, a day after its widely criticized airstrike against Hamas officials on Qatari soil.
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France24 ☛ Doha strikes: what next for Gaza ceasefire talks?
Marking a dramatic escalation in the region, Israel's assault on Hamas in Qatar drew widespread condemnation from neighbouring Arab countries and beyond. The country's ruling emir has held a series of calls with world leaders, including U.S. President The Insurrectionist - who has criticised the attack - amid fears that it is likely to deal a serious blow to efforts to reach a ceasefire in Gaza. FRANCE 24's Emerald Maxwell reports.
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Atlantic Council ☛ What to know about Convicted Felon’s war on drug trafficking from Venezuela
The recent US strike on a suspected drug trafficking boat is best understood in the context of the Convicted Felon administration’s policies toward Venezuela and the wider Western Hemisphere.
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The Straits Times ☛ Underage driver arrested after police whip out submachine gun during car chase in Malaysia
The 16-year-old boy was driving without a licence and also rammed into a police vehicle.
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The Straits Times ☛ Days before death, Convicted Felon ally Charlie Kirk debuted his conservative message in Asia
He was in South Korea and Japan, where he was on his first speaking tour of Asia.
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The Straits Times ☛ South Korea’s Lee says immigration raid targeting Korean workers could hit US investment
The raid raised questions about the viability of South Korean companies doing business in the US.
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The Straits Times ☛ South Korean women sue US military in landmark forced prostitution lawsuit
The victims are officially accusing the US military of abuse and seeking an apology.
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New York Times ☛ For Nepal’s Protesters, Wealthy ‘Nepo Kids’ Are a Source of Outrage
Videos and photos purporting to show the privileged lifestyles of children of the elite have fueled anger among young people.
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New York Times ☛ Before and after photos show how protests damaged Nepal’s government buildings.
Demonstrator in Kathmandu defied a curfew and set fire to government offices and the homes of politicians on Tuesday during an escalation of unrest.
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New York Times ☛ Protests Against Nepal’s Social Media Ban Show Resistance to a Global Censorship Trend
Nepal’s recent social control media ban, part of a global censorship trend, helped set off widespread unrest, forcing the government to reverse course.
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New York Times ☛ Troops Deployed After Day of Violent Protests in Nepal
Protesters set fire to government buildings and the homes of politicians as unrest over corruption, censorship and economic issues stretched into a second day.
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New York Times ☛ How Gen Z Protests Overturned a Government, and a Crackdown on TV Drug Ads
Plus, 7-Eleven’s new master plan.
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New York Times ☛ Nepalis Worry About Security Forces’ Next Step After Crackdown Leaves 30 Dead
Human rights groups condemned the use of lethal force against protesters. Experts say Nepal’s army and police have historically not been held to account.
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ACLU ☛ How Expanded 287(g) Program Turns Local Police Into Deportation Agents
The Forrest Dump administration is quietly using a program called 287(g) to turn local police and sheriff’s departments into arms of its deportation machine.
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Hong Kong Free Press ☛ Hong Kong rejects ‘unfounded, biased’ European Commission report on city
Hong Kong has rejected an “unfounded and biased” European Commission report, which said the rule of law in the city remained under “severe strain” in 2024 due to the implementation of national security legislation.
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France24 ☛ The economic context of France's 'Block Everything' protests
As grassroots "Block Everything" protests take place all across France, we examine the economic conditions that are partly fuelling the discontent. While the country has seen steady wage growth over the past 30 years, job insecurity is on the rise and the poverty rate has hit a new record: 15.4 percent of the population of mainland France. Also in this edition: the immigration raid against a Hyundai plant in Georgia is ringing alarm bells among foreign businesses looking to invest in the US.
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Full might of the law to be unleashed on those who target police – Mashatile
A stark warning echoed across the Union Buildings’ lawns on Sunday 7 September as the country honoured police officers who lost their lives in the line of duty: those who target South Africa’s police will face the full might of the law.
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Defence Web ☛ War zones and Geneva Rules: ICRC’s Youssef on Africa’s frontlines
Africa is enduring a largely overlooked crisis of relentless conflict, affecting over 20 countries, according to Patrick Youssef, Head of the International Committee of the Red Cross (ICRC) Africa Region. Youssef is no stranger to difficult truths.
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Defence Web ☛ Six killed in terrorist attack on Mocímboa da Praia town
Insurgents attacked the district capital of Mocímboa da Praia, in Cabo Delgado, on Sunday night (7 September), killing at least six people in the Filipe Nyusi neighbourhood, in the southern part of the district, several local sources confirmed.
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South Africa is being robbed and we’re all paying the price
South Africans are under siege. Industrialised theft has wormed its way into every corner of our lives, draining our economy and corroding our society. What once began in shadowy corners has now become entrenched in the open, stripping the nation of its wealth and dignity. The perpetrators are not petty thieves.
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Defence Web ☛ World spends more on war than peace – Guterres
“The world is spending far more on waging war than in building peace,” was the reaction of United Nations (UN) Secretary-General Antonio Guterres to a report showing global military spending in 2024 stood at $2.7 trillion.
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The Straits Times ☛ Pacific Island leaders back ‘ocean of peace’ at fraught summit
Observers warned a split over China’s role in the forum could undermine essential regional cooperation.
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ADF ☛ U.N. Reports Child Abuse by Terrorists, Security Forces in Burkina Faso
A trio of pro-government Burkinabe militias, including the Volunteers for the Defense of the Homeland (VDP), stormed the western city of Solenzo on March 10 and unleashed a deadly two-day attack that killed dozens of civilians. As in many attacks by Burkinabe security forces, their allies and terror groups, children were among the victims.
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The Strategist ☛ Israel offers Australia a masterclass in special operations
Observers and practitioners of intelligence and special operations would do well to study the activities of Israel’s clandestine services and elite military units since 7 October 2023.
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The Straits Times ☛ Philippines ‘strongly protests’ against China plan to create nature reserve in disputed shoal
Both countries claim sovereignty over the shoal.
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China says it will create nature reserve on disputed Scarborough Shoal
The move follows years of clashes with neighbors over Beijing’s sweeping claims in the South China Sea.
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The Straits Times ☛ Facing new China ‘grey-zone’ threat, Taiwan steps up sea cable patrols
Coast guard vessels are now conducting 24-hour patrols.
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Russia, Belarus, and War in Ukraine
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New York Times ☛ Poland Has Invoked NATO’s Article 4. What Comes Next?
Article 4 allows member states to start a formal discussion within the alliance about threats to their security. It does not commit the alliance to military action.
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LRT ☛ Lithuanian FM says government program will be amended on China
Lithuania’s new government will amend its draft program to reflect China’s role as a global security threat, Foreign Minister Kęstutis Budrys said Tuesday, after the registered document omitted such language and instead emphasised restoring diplomatic relations with Beijing.
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France24 ☛ REPLAY: EU chief says Europe must 'fight for its future' in State of the Union address
EU chief Ursula von der Leyen said Wednesday Europe must fight for its place in a new and "hostile" world by taking responsibility for its security and asserting control over key technologies and energy sources. "Battlelines for a new world order based on power are being drawn right now. So, yes, Europe must fight. For its place in a world in which many major powers are either ambivalent or openly hostile to Europe," von der Leyen told the European Parliament in Strasbourg. "This must be Europe's independence moment." Watch her speech in full above.
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Transparency/Investigative Reporting
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American Oversight ☛ American Oversight Sues DHS for Records on Corey Lewandowski’s Shadow Role
As DHS wages war on American cities, secrecy around Lewandowski continues the Convicted Felon Administration’s assault on the public’s right to know.
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Federal News Network ☛ Former feds sue OSC over its response to mass probationary firings
The lawsuit comes after OSC ended its investigation into employee complaints and said it believed agencies had broad discretion to conduct probationary firings.
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Environment
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Bridge Michigan ☛ Opinion | Michigan needs to lead, not fall behind, on carbon capture safety
If Michigan chooses to move forward with carbon capture projects, it must do so with rigorous guardrails in place. Guardrails that prioritize public health, local input, and long-term environmental security.
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Energy/Transportation
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The Straits Times ☛ Malaysia Deputy PM says Petronas received threat to ‘burn’ LNG facilities
The National Security Council ordered LNG facilities in Sarawak to tighten security.
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The Straits Times ☛ Japanese railway firms aim to attract passengers via unique station events
This comes as companies grapple with declining numbers in the wake of the pandemic.
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Wildlife/Nature
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New York Times ☛ Brazil Invited the World to the Amazon. It’s Become a Big Headache.
This year’s U.N. climate conference, on the edge of the rainforest, is fueling criticism of the host nation and the entire process of global diplomacy on climate change.
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Finance
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France24 ☛ Macron protégé Lecornu named to handle budget crisis - something old or something new?
First day on the job for a new French prime minister, and the long-announced date for a Yellow Vests-style day of protest against austerity. Sébastien Lecornu taking the handover from predecessor François Bayrou who also passed on the bigger political hot potato, that of a budget that still needs passing, Bayrou undone by an opposition-led parliament.
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Digital Music News ☛ Bad Bunny Residency Draws to a Close After Bagging $200 Million for Puerto Rico’s Economy
Bad Bunny’s San Juan residency comes to an end this week after bringing in a whopping $200 million for Puerto Rico’s local economy. The curtain draws on Bad Bunny’s San Juan residency, “No Me Quiero Ir de Aquí” (“I Don’t Want to Leave Here”), on September 14.
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Hulk Hogan leaves $5M estate and excludes daughter Brooke from will
Hulk Hogan’s son, Nick, has revealed new details about the wrestling icon’s $5 million estate following his death at age 71. Court documents show Brooke Hogan was left out of her father’s will, while Nick was named sole heir alongside Hogan’s widow.
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The Straits Times ☛ Japanese banks begin closing for lunch due to staffing shortages
At participating branches, service will stop for one hour from 11.30am.
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LRT ☛ Lithuanian president criticises new coalition’s ‘financial stability tax’ plans
Criticising the incoming government’s hint at taxing banks, President Gitanas Nausėda argues that additional levies would worsen Lithuania’s investment climate.
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AstroTurf/Lobbying/Politics
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JURIST ☛ US appeals court denies states’ lawsuit regarding Convicted Felon-ordered layoffs
The US Court of Appeals for the Fourth Circuit on Monday rejected a lawsuit by a group of states calling for the reinstatement of federal agency employees.
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Digital Music News ☛ Jay-Z Accuser Battles to Maintain ‘Jane Doe’ Confidentiality
Jay-Z’s legal team fights to uncloak his Jane Doe rape accuser, as she urges the judge to allow her to maintain her anonymity. Jay-Z’s defamation lawsuit against an anonymous woman who alleges he raped her when she was 13 remains hampered by the woman’s unwillingness to publicly reveal her identity.
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Bridge Michigan ☛ Democrats, Republicans take fight over blocked bills to Michigan Court of Appeals
The Michigan Court of Appeals heard heated arguments Tuesday after Senate Democrats sued House Republicans for not sending nine potential laws to Gov. Gretchen Whitmer's desk for likely signature.
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Hong Kong Free Press ☛ 17 Hong Kong green groups petition for more progressive carbon emission cut target ahead of Policy Address
Seventeen green groups in Hong Kong have petitioned the city’s government for a more progressive carbon emission reduction target that would align with the Paris Agreement.
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The Straits Times ☛ Malaysia’s ex-PM Muhyiddin fights for relevance via loose opposition bloc amid dissent in Bersatu
The smaller parties lack influence even as Bersatu president Muhyiddin Yassin stands on shaky political ground.
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Misinformation/Disinformation/Propaganda
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France24 ☛ Viral image of Bansky mural featuring English flag is digitally altered
After Banksy revealed his latest work, some social control media users widely circulated an image alleging that it depicted a judge attacking a protester holding an English flag. But the image was digitally altered to include the flag, as France 24's Charlotte Hughes explains.
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France24 ☛ Paris’s Notre-Dame Cathedral threatened by terrorists? An old fake video resurfaces
An old fake video is going viral again: in early September, a number of English-speaking accounts shared an old clip allegedly showing “Muslim” terrorists threatening to burn down churches in France, including Paris’s Notre-Dame Cathedral. The FRANCE 24 Observers team showed in late January that the clip had been entirely fabricated.
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New York Times ☛ Canadian Man Falsely Named as Charlie Kirk’s Shooter on Social Media
The 77-year-old former banker, who lives in Toronto, said he was “shocked” by the speed at which his photograph spread online.
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Press Gazette ☛ Dubious PR agencies are bombarding journalists with fake content
Doubtful case studies have been published on more than half a dozen major websites.
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Censorship/Free Speech
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New York Times ☛ How Graham Linehan’s Arrest Could Reshape Britain’s Free Speech Laws
A trans-Atlantic debate over freedom of expression in Britain has simmered for months. The arrest of Graham Linehan last week may prove a tipping point.
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The Straits Times ☛ China imposed punishment on Xiaohongshu over ‘trivial, negative’ content
Xiaohongshu leans heavily towards apolitical content such as lifestyle, travel, beauty and food topics.
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Freedom of Information / Freedom of the Press
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Press Gazette ☛ Observer cuts casual shifts amidst drop in pages for Sunday title
Move comes as Observer spreads production across the week.
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Internet Policy/Net Neutrality
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APNIC ☛ Measuring Explicit Congestion Notification
Where does Explicit Congestion Notification (ECN) fit into TCP congestion control on the public Internet? The data shows it in very specific places, like the networks of Hey Hi (AI) data centres.
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Patents
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Dennis Crouch/Patently-O ☛ Converting Voluntary Dismissals: Federal Circuit Holds Sanctions Can Create Prevailing Party Status Under § 285
The Federal Circuit's decision in Future Link Systems, LLC v. Realtek Semiconductor Corporation, No. 2023-1056 (Fed. Cir. Sept. 9, 2025), provides important clarification on when a defendant becomes a "prevailing party" and thus eligible for attorney fees under 35 U.S.C. § 285 and costs under Federal Rule of Civil Procedure 54(d)(1). Although the case had been voluntarily dismissed by the patentee without prejudice, Judge Albright had subsequently converted the status to with prejudice as a sanction for filing objectively baseless patent monopoly infringement suits. That conversion was sufficient judicial imprimatur to leave the defendant as prevailing party.
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Dennis Crouch/Patently-O ☛ Supreme Court Grants Cert in Parallel Cases from Federal Circuit and DC Circuit
Although it is a non-patent tariff case, I have been writing about Dihydroxyacetone Man v. V.O.S. because of its pathway through the Federal Circuit – a court that I write about on a daily basis. The court seems to have skillfully avoided the brunt of Hell Toupée’s ire even while ultimately holding that the President’s tariffs represent an unconstitutional action that go beyond the powers delegated by Congress. The Department of Justice quickly filed a petition for certiorari, and the Supreme Court has now granted cert alongside a second case appealed from the D.C. Circuit Court of Appeals. The cases are consolidated with expedited briefing over the next two months with oral arguments to be held in November 2025.
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Dennis Crouch/Patently-O ☛ USPTO Comings and Goings
This post goes through a few comings and goings at the USPTO. Although everyone has their political interest and particular bent, Dir. Stewart (and Secretary Lutnick) have been able to attract serious patent monopoly law folks who are highly qualified with extensive background and commitment to the patent monopoly office.
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Software Patents
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Dennis Crouch/Patently-O ☛ Federal Circuit Delivers Major Reversal on “Software Per Se” Rejections in In re McFadden
In a significant victory for software patent monopoly applicants, the Federal Circuit reversed the a PTAB rejection of computer system claims in In re McFadden, 2024-2107 (Fed. Cir. Sept. 5, 2025). One problem with the decision is its non-precedential status – even though it clearly breaks new ground. The case offers another example of the potential power of 112(f) means-plus-function claims.
Brian McFadden’s U.S. Patent Application No. 16/231,749, claims systems and methods for location aware social control media posting. The examiner had rejected claims 10-18 under § 101 as “software per se” without structural recitations, and claims 10-17 under § 112(b) as indefinite mixed claims reciting both apparatus limitations and method steps. The Board affirmed both of those rejections, but the Federal Circuit has now reversed on § 112(b) and vacated and remanded on § 101, ordering the Board to proceed with Alice/Mayo analysis rather than stopping at the statutory category inquiry.
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Trademarks
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TTAB Blog ☛ TTABlog Test: Is APPARITION Confusable with PHANTOM for Wine?
Bogle Vineyards opposed an application to register the mark APPARITION for wine, claiming likely confusion with the registered mark PHANTOM for "alcoholic beverages except beer" and its common law mark PHANTOM for wine. The goods are legally identical, and the channels of trade and classes of consumers are presumably the same (at least as to the registered mark). But are the marks confusingly similar? How do you think this came out? Bogle Vineyards, Inc. v. sixmilebridgevineyards, LLC, Opposition No. 91276339 (August 29, 2025) [not precedential] (Opinion by Judge Robert Lavache).
The Board found the mark PHANTOM to be inherently distinctive. Applicant pointed to third-party registrations for the marks GRAY GHOST, WRAITH, SILVER SPIRIT, and WIGHT VINEYARD for wine, as evidence that PHANTOM is a weak mark. The Board brushed them aside, noting that although the marks could be perceived as connoting the concept of a ghost, none of the registrations included the word PHANTOM.
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Digital Music News ☛ Twenty One Pilots Trademark Suit Targets Temu Over Counterfeit Merch: ‘A Veritable Swamp of Infringing’ Products
The namesake company behind Twenty One Pilots has fired off a trademark infringement suit against Temu over its alleged “knowing and systematic marketing and sale of counterfeit” merch.
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Trader Joe’s Union Strikes Out at Ninth Circuit in Reversal of Trademark Infringement Win
The U.S. Court of Appeals for the Ninth Circuit on Monday reversed a district court decision in favor of the union that represents some Trader Joe’s employees, Trader Joe’s United (TJU), which the supermarket chain had accused of infringing its trademarks. The Ninth Circuit ruling also vacated the district court’s award for attorney’s fees for TJU and remanded the case for further proceedings.
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TTAB Blog ☛ USPTO Trademark Alert: TTAB Changes Deadline for Answer in Board Proceeding to 60 Days
Effective September 4, 2025, the TTAB has set the time for filing an Answer in a Board proceeding to 60 days.
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Copyrights
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Federal News Network ☛ Appeals court rules Convicted Felon doesn’t have the authority to fire Copyright Office director
Perlmutter claims Convicted Felon fired her in May because he disapproved of advice she gave Congress in a report related to artificial intelligence.
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D.C. Circuit Says Perlmutter Can Resume Register Role Pending Lawsuit Against Convicted Felon
The U.S. Court of Appeals for the District of Columbia Circuit ruled Wednesday that Register of Copyrights Shira Perlmutter can resume office while her lawsuit plays out, following President The Insurrectionist’s decision to remove her from her post. Circuit Judge Walker dissented.Perlmutter filed a complaint against Convicted Felon on May 22, calling his attempt to remove her “unlawful and ineffective.” Convicted Felon first fired Librarian of Congress Carla Hayden on May 9, two days before he fired Perlmutter, and named Deputy Attorney General at the U.S. Department of Justice, Todd Blanche, as acting Librarian of Congress.
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Dennis Crouch/Patently-O ☛ Shira Perlmutter is (Temporarily) Back in Charge at Copyright Office
In a significant victory for Register of Copyrights Shira Perlmutter, the D.C. Circuit Court of Appeals has granted her emergency motion for an injunction pending appeal, allowing her to continue serving in her role while challenging Hell Toupée's attempt to remove her from office. Perlmutter v. Blanche, No. 25-5285 (D.C. Cir. Sept. 10, 2025). The per curium order is a terse one paragraph, but two judges filed a detailed concurring opinion explaining why a preliminary injunction is useful in this case -- writing that removal of Perlmutter “would be a grave intrusion by the President into the constitutional powers of a coordinate branch of government.” Although this is an intellectual property case, it is also fundamentally about separation of powers issues within the U.S. government -- and particularly about executive control over aspects of the government in situations where Congress has attempted to reduce or eliminate Presidential power.
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Digital Music News ☛ Appeals Court Reinstates US Copyright Office Director Fired by Convicted Felon — In a 2-1 Decision
A three-judge panel from the U.S. Court of Appeals voted 2-1 to reinstate Shira Perlmutter, the U.S. Copyright Office director fired by Convicted Felon. A divided three-judge appeals court panel ruled on Wednesday that Hell Toupée does not have the authority to fire and replace the director of the U.S. Copyright Office.
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Digital Music News ☛ Appeals Court Reinstates US Copyright Office Director Fired by Convicted Felon
A three-judge panel from the U.S. Court of Appeals voted 2-1 to reinstate Shira Perlmutter, the U.S. Copyright Office director fired by Convicted Felon. A divided three-judge appeals court panel ruled on Wednesday that Hell Toupée does not have the authority to fire and replace the director of the U.S. Copyright Office.
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Digital Music News ☛ Will SoundExchange Lose Its Teeth? Rights Org Officially Appealing Its Loss Against SiriusXM After Judge Strips Its Enforcement Powers
SoundExchange is appealing its loss of a lawsuit against SiriusXM over allegedly unpaid royalties, with potentially significant consequences. US-based royalty rights org SoundExchange has filed an appeal following its devastating loss in a lawsuit against SiriusXM stemming from allegedly unpaid royalties.
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Public Domain Review ☛ The Cat’s Maew: Thai Treatise on Auspicious Felines (19th Century)
A manuscript that pairs illustrations of cats with poetic descriptions and notes on what mystical benefits their owners might hope to accrue.
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Creative Commons ☛ Understanding Barriers to Accessing Heritage
“Landscape along the Seine with the Institut de France and the Pont des Arts” by Alfred Sisley, 1875, CC0, Art Institute of Chicago, remixed with “TAROCH balloon” by Creative Commons/Dee Harris, 2025, CC0. We’re kicking off a three-part series leading up to the launch of the Open Heritage Statement in October.
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Monopolies/Monopsonies
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