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12.10.15

Surveillance Audits at the EPO

Posted in Europe, Patents at 12:37 pm by Dr. Roy Schestowitz

Point-Haired Boss

Summary: Alberto Casado Cerniño (Vice-President of DG2) uses managers’ incomprehensible language to insinuate that all is fine and dandy inside the EPO

THE European Patent Office (EPO) became infamous in Europe because of its insatiable appetite for (or endless pursuit of) mass surveillance with visitors to the Office as ‘collateral damage’, especially amid surveillance backlash in Europe and outside Europe, partly because of leaks from Edward Snowden and several people after him (including some inside Germany).

We found it amusing that the EPO now brags about a surveillance audit. A “surveillance audit” is an ongoing periodic review of an organisation’s quality management system. It’s basically management nonsense, designed to keep managers occupied with self-serving things. An ISO 9001 Certification (in the British context) “is a Quality Management Standard. It suits all organisations large or small and covers all sectors, including charities and the voluntary sector. It aims to help organisations become structured and efficient.”

That’s because, as everyone probably knows by now, people are treated like machines inside the EPO these days. There is extreme disregard for human factors, as mass surveillance itself serves to show.

“On 12 October Mr Cassado,” we’ve learned (that’s just a few days before the EPO sent me the first threatening letter), “Vice-President of DG2 and Management Representative for Quality informed staff as below.”

ISO 9001 surveillance and certification audits show we are on the right track… Recently I informed you of upcoming surveillance audits in the patent granting process from 5 – 9 October. At the same time, the new procedures extending the scope of the Quality Management System (QMS) to PD 54, were audited for ISO 9001 certification… On all sites, colleagues at all levels were interviewed by external auditors. I am pleased to inform you that preliminary results are very positive for both the surveillance and certification exercise… A recommendation will be made to extend our current patent granting process to the full patent process… This confirms both the positive results of the work done this year in patent information to enhance our QMS and the continual improvement of the quality of our core processes.

What Cassado is basically saying here — or at least trying to insinuate using mumbo jumbo PHB speak — is that everything is alright, even when it clearly isn’t (recall the first part, second part and third part of an old scandal implicating Cassado). █

Tightening Media Control: European Patent Office (EPO) Silences Blogs of Critics by Intimidation, Lawsuits

Posted in Europe, Patents at 11:45 am by Dr. Roy Schestowitz

Erdoğan and EPO
Original photo: Minister-president Rutte from Nederland

Summary: How the EPO continues to chill the media around Europe and even outside Europe, in addition to legally abusing staff representatives in an effort to scare the media

THE EPO is a lying organisation. But it gets worse. It now adopts Erdoğanian methods. It pretends to respect the freedom of the press when in practice, contrary to such jaw-dropping statements (shamelessly made to the media upon inquiry), it overzealous attacks the freedom of the press like no other institution in Europe.

I used to find important leaks in IP Kat (whose most prominent person has just retired) and sometimes I found interesting pointers in IP Kat comments. Increasingly, however, I find little more than jokes, speculations, and what sometimes looks like EPO AstroTurfing. Since the most recent attacks on free speech and a PR contract with FTI Consulting we’re just not seeing the same kind of journalistic atmosphere online. The EPO is now considered “scary”, or a dangerous territory to explore and write about.

“The EPO is now considered “scary”, or a dangerous territory to explore and write about.”The EPO’s threats against me clearly had the intended effect. A lot of EPO-hostile sites are now afraid or reluctant to criticise EPO (or do so very gently, almost tip-toeing). Some sites like these have known about the legal threats against me for nearly 2 months (because I informed them). Today one commenter at IP Kat wrote: “The AC [the EPO's potential Nemesis, the Administrative Council] can order the third party to come and resolve the problem.”

Well, whenever the EPO uses the term “investigation” it should be read as union busting and the term “productivity” or “efficiency” means lax granting of patents. People or businesses who apply for a patent at EPO should think long term. Given declining patent quality and ever-increasing fees, are they getting their money’s worth? The EPO is a lunatic institution whose eventual state of affairs will likely be horrible, unless the employees manage to rescue it from Team Battistelli (before it’s too late).

Florian Müller, who has also just found out about being targeted by the EPO (because I showed him), wrote this widely-cited article this morning and stated: “The EPO leadership is just paranoid about bloggers who criticize what’s wrong with the way that organization is run. But those EPO folks don’t appear to understand that they’re only making things worse by the day. They threatened legal action on at least four occasions against TechRights author Dr. Roy Schestowitz, who is still the most prolific writer on the EPO labor dispute. Now they blame a staff representative for my commentary without a factual basis.”

People in the media — including the BBC — ought to be aware of the EPO’s chilling of the media. Almost a million dollar for a 1-year media manipulation campaign sure goes a long way.

“Now they blame a staff representative for my commentary without a factual basis.”
      –Florian MüllerWhat we deal with here is not an ordinary institution but an out-of-control nut house, run by a cabal of people drunk on power. Recall the threats to take away Christmas vacation (contrary to what EPO publicly states) and (nearly) threats to people who are ill, whose basic rights are stomped on, especially when they fall ill (depression weakens the immune system) and are thus incapable of working. In the future we’ll show how the EPO even takes advantage of cancer in the family. People’s jaws should drop to the floor; this isn’t even close to being compatible with European human rights standards. Even China is probably better.

SUEPO alludes to the Politico article “Labor relations turn toxic in the European Patent Office”, which says a lot about suicides and even calls for an investigation into the cause of such an irregular frequency of suicides. “The political journalism organization Politico,” SUEPO wrote today, “comments here (article of 08 December 2015) on the labor relations at the European Patent Office, in particular on the spike of suicides and staff unhappiness.”

The EPO’s management is trying to simply ignore all the bad publicity. The EPO’s Web site and Twitter feed say nothing about it (lies by omission). Well, just watch the EPO’s Twitter feed this week, it’s a never-ending PR campaign. WIPR too falls for the ‘green’-themed campaign from the EPO (just a senseless greenwashing campaign).

The EPO’s management started an information war. Unless writers are brave enough to challenge these thugs, it’s possible that the thugs will prevail, which means that the EPO will collapse (jeopardizing the jobs of all EPO employees, not just the thugs). █

Links 10/12/2015: Many New Kernels, Mesa 11.0.7, elementary OS 0.3.2, PINE 64

Posted in News Roundup at 10:29 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • 5 open source tools for making music

    Do you think music software is only the domain of expensive proprietary software? Think again. There are literally hundreds of applications out there designed by, and for, those with a musical bent. Music projects, including many projects specifically for the Linux operating system, flourish in the open source community as musicians take to coding to produce tools to make their lives easier.

  • World’s Fastest Password Cracking Tool Hashcat Is Now Open Source

    The world’s fastest cracking tool Hashcat is now open source. The company has called it a very important step and listed out the reasons that inspired them to take this step.

  • Hashcat advanced password recovery now open source

    Steube said that many of these researchers can’t reveal the exact changes they would need to make due to non-disclosure agreements (NDA) so making the software open source allows them to make the changes themselves.

  • Apache Advances Open Source Kylin for OLAP-on-Hadoop

    Just over a year after being open sourced by creator eBay Inc., the Kylin project — a Big Data distributed analytics engine — has been advanced by the Apache Software Foundation (ASF) to top-level status.

    Apache Kylin is designed to provide a SQL interface and multi-dimensional analysis (OLAP) on Apache Hadoop, with support for extremely large datasets.

  • Act now to rebuild trust in the code controlling everyday stuff

    AMID the ongoing fallout over the software in some Volkswagen cars that was able to cheat emissions tests, the public may well be pondering a wider question: can we trust the software in the gadgets we use every day? If a car’s software can deceive, what might our devices be programmed to do that is not in our interests?

    Some TVs and fridges already stand accused of manipulating energy efficiency tests. But software can’t just be used to make beating such tests easier. It also makes it easier to lock consumers into proprietary systems and raises suspicions of planned obsolescence.

    Whenever devices go online, manufacturers (and others) gain the ability to invade privacy: recall Samsung’s TVs with voice recognition that also happened to gather private conversations.

  • Web Browsers

    • Mozilla

      • Firefox OS Pivot to Connected Devices

        Everything is connected around us. This revolution has already started and it will be bigger than previous technology revolutions, including the mobile smartphone revolution. Internet of Things, as many call it today, will fundamentally affect all of us.

      • The Firefox OS smartphone is dead

        The Firefox OS smartphone has been discontinued by Mozilla. This comes as no real surprise, given the intense competition in the smartphone market and the domination of Apple’s iOS and Google’s Android phones.

      • Mozilla Launches Free Ad Blocker for iOS 9

  • Databases

  • Pseudo-/Semi-Open Source (Openwashing)

  • BSD

  • Licensing

    • Silly questions about telephony

      Question two. From a GNU/Linux PC, I want the capability to connect to a USA cell phone network and make a voice call to an old-school 9600 bps landline audio modem, and have serial comms with this landline audio modem.

    • Parallels Between Code of Conducts and Copyleft (and their objectors)

      The question is, is this an objection to copyleft, or is it an objection to code of conducts? I’ve seen objections raised to both that go along these lines. I think there’s little coincidence, since both of them are objections to added process which define (and provide enforcement mechanisms for) doing the right thing.

  • Openness/Sharing

    • Open Hardware

      • bq Witbox 2 Open Source 3D Printer Launches For €1,690

        Being open source all the design files for the Witbox 2 3D Printer can be found over on GitHub via the link below, if you are interested. For more details and specifications on the Witbox 2 Jumbo to the official website via the link below where it is also now available to purchase priced at €1,690.

Leftovers

  • Security

    • Symantec: iOS and OS X users face a surge of fresh security threats

      SECURITY FIRM Symantec has warned that the hacker threat to Apple users has reached unprecedented levels.

      The firm reckons that Apple is a victim of its success, becoming a bigger target as its user base grows. To be fair to Apple most of the problem relates to jailbroken devices, which is not a thing that the firm recommends. We have seen incidents recently that make the most of this. The threat applies to mobile software and the desktop.

    • DoS attack brings UK universities to a virtual standstill

      According to the Telegraph newspaper, universities across the country have been hit by DoS attacks. This means in some cases no internet access, and that means students will have to study like it’s 1980 something.

    • U.K. Cops Are Trying to Scare Teen Hackers With House Calls

      It was a summer morning, officer Paul Hastings recalls, when he arrived at a suspected hacker’s house in the northern English city of Hull. There, police had tracked one of the people who’d signed up online for a hacking service called Lizard Stresser that was used to attack companies including Microsoft, Amazon.com, and Sony at the end of 2014. This particularly fearsome cybervigilante was asleep when Hastings knocked, so his dad answered the door.

      The visit was one of about 50 U.K. police made this year to people they say used the Lizard Stresser site, many of them children. The Hull suspect, a teenager, couldn’t have done anything wrong, his dad told Hastings. He spent all his time upstairs, on his computer.

      [...]

      Teen hackers have been pop culture figures since Matthew Broderick starred in WarGames, and the U.K. has a long history with juvenile black hats. In 1994, when U.S. Air Force researchers found an unauthorized user on their systems downloading data, they tracked the hacker to a North London suburb. Working with London police, they found their culprit: a 16-year-old boy in an attic bedroom, as journalist Gordon Corera recounts in Intercept: The Secret History of Computers and Spies.

  • Defence/Police/Secrecy/Aggression

  • Environment/Energy/Wildlife

    • Climate Change Deniers Try to Derail the Paris Talks

      LE BOURGET, France—Monday began what’s supposed to be the final week of the climate talks, the one where top-level negotiators hammer out an accord to stop the deadly march of global warming. To troll this momentous event, the climate change deniers at the Heartland Institute came all the way from Chicago to stage a “counter-conference” at a central Paris venue called, seriously, the Hotel California.

    • How haze-emitting fires have changed the way Indonesia engages with the world

      The recent fires in Indonesia were something of a lightbulb moment for Indonesia in the way it views its development model and the threats from climate change, a senior member of the country’s delegation to the Paris climate talks said on Tuesday.

      It also triggered a rethink of how the country should represent itself at the talks, said Mr Sarwono Kusumaatmadja, chairman of Indonesia’s Advisory Council for Climate Change, and a former environment minister.

      Indonesia has brought about 400 delegates to the talks, a large number by any measure.

      About 80 are directly paid for by the government. The delegation comprises business and opinion leaders, non-governmental organisations, members of local communities and interfaith networks, he told a press conference on the sidelines of the talks.

    • COP21: Indonesian forest fires hot issue for global climate summit

      As 190 nations grapple with the world’s future at the global climate summit in Paris, forest fires in Indonesia have been continuing to rage since July 2015.

      Emissions from this year’s fires have reached 1.62 billion metric tons of CO2, bumping Indonesia up from sixth largest to fourth largest greenhouse gas (GHG) emitter in the world, surpassing Russia in a matter of six weeks and the entire US economy in just 38 days. [1]

      Global Forest Watch Fires detected at least 127,000 fires across Indonesia this year, the worst since 1997. These fires were mostly caused by the clearing of forested peat lands to plant palms for oil.

    • Senate Science Committee hearing challenges “dogma” of climate science

      While the eyes of the world are on Paris, where nations are hammering out an agreement to do something about the reality of climate change, the Senate Subcommittee on Space, Science, and Competitiveness once again held a hearing on Tuesday to debate whether climate change is for real. Subcommittee Chairman Ted Cruz (R-Tex.), who is running for his party’s presidential nomination, convened the hearing titled “Data or dogma? Promoting open inquiry in the debate over the magnitude of human impact on Earth’s climate.”

  • Finance

    • 6 signs greed has destroyed American culture

      The love of money for money’s sake is the social disease of our time. We see it all around us: in the celebration of ill-gotten stock gains, public admiration for the heads of criminal banks, the words of Kanye West, in the commercialization of charity and even spirituality.

      This adoration of wealth isn’t a new thing, of course. When I was in elementary school I was sent to a school counselor for being moody, introspective – in other words, for being either a proto-goth or a writer in the making. I was asked to draw a picture of myself as a happy adult, and the resulting portrait showed a rich man standing beside a Rolls-Royce with an ascot around his neck.

    • 5 BS Myths About Being Poor You Believe Thanks To The Media

      Poor people, right? Visit the “news of the weird” section of a major media site and you’ll find a gauntlet of undesirables engaging in such wacky antics as getting into drunk fistfights at McDonald’s and whatnot. And, in basically all of these cases, what you’re reading barely qualifies as news. It’s Internet rubbernecking and — as far as most news outlets are concerned — anyone below the poverty line is fair game as a source of national amusement (and it’s not unlike similar stunts the news pulls on Asian people and the youths).

  • Privacy

    • Kazakhstan Decides To Break The Internet, Wage All Out War On Encryption

      Starting on January 1, the country of Kazakhstan has formally declared war on privacy, encryption, and a secure Internet. A new law takes effect in the new year that will require all citizens of the country to install a national, government-mandated security certificate allowing the interception of all encrypted citizen communications. In short, the country has decided that it would be a downright nifty idea to break HTTPS and SSL, essentially launching a “man in the middle” attack on every resident of the country.

    • FBI Chief Asks Tech Companies to Stop Offering End-to-End Encryption

      After the recent attacks in Paris and San Bernardino, encryption has once again become a political target in Washington. Despite there still being no solid evidence the attackers benefited from or even used encryption (in at least one case, they coordinated via distinctly unencrypted text messages) law enforcement and national security hawks have used the tragedies to continue pressing tech companies to give the US government access to encrypted communications—even if that means rolling back security and changing the nature of their businesses.

      At a Senate Judiciary Committee hearing on Wednesday, FBI director James Comey went so far as to suggest that companies providing users with end-to-end encryption might need to simply, well, stop doing that.

      “It’s not a technical issue, it’s a business model question,” said Comey, referring to companies like Apple and WhatsApp which encrypt data so that it can’t be read by any third party, including the companies themselves. “Lots of good people have designed their systems and their devices so that judges’ orders can not be complied with, for reasons that I understand, I’m not questioning their motivations.”

    • How your private emails can spread all over the world

      SNAP. You press the shutter icon on your phone and capture a photo of your baby daughter. With a couple of swipes, you attach it to an email in your Gmail app and fire it off to your mother-in-law.

      As personal data goes, it doesn’t get much more innocuous. But the truth is that spraying around any private information is risky. You might think that’s overblown. As long as you have nothing to hide, you have nothing to worry about.

      It’s not that simple. Just look at this summer’s hack that exposed the data from Ashley Madison, a site catering for people looking for an affair, and imagine if the same happened with all your emails stored by Google, or your photos on Facebook. Even if you’ve done nothing illegal or immoral, faced with a database of every photograph and comment you’ve ever shared privately, friendships and business deals could dissolve the world over.

    • Palantir Raises $125 Million in New Funding

      Data-analysis company Palantir Technologies has raised $125 million in new funding, according to a filing with the U.S. Securities and Exchange Commission. The financing increased the size of the company’s current funding round to about $680 million.

      Palantir, a secretive company co-founded by investor Peter Thiel in 2004, builds software for searching through and analyzing reams of data. Banks, police departments, and intelligence agencies are among the Palo Alto, Calif., company’s customers.

    • Why Yahoo Decided to Keep Its Alibaba Stake

      Yahoo CEO Marissa Mayer and chairman Maynard Webb appeared on CNBC today to explain why the company’s board of directors decided not to spin off its stake Alibaba.

    • Government and Corporations Are Responsible for Culture of Surveillance

      There is no liberty without privacy. As the culture of surveillance grows, liberty recedes. The New American has reported on many of the threats to privacy that are becoming more and more commonplace. Some Smart TVs are spying on users via their integrated cameras, microphones, and Internet connectivity and then reporting back to the manufacturers, who sell that data to advertisers. Other “Internet of Things” devices have surveillance capabilities that are marketed as features promising convenience to users. Facebook performs social/psychological experiments on its users and also harvests users’ data to sell to advertisers.

  • Civil Rights

  • Intellectual Monopolies

    • Copyrights

      • Copyright case over “Happy Birthday” is done, trial canceled

        With less than a week to go before a trial, a class-action lawsuit over the copyright status of “Happy Birthday” has been resolved. Details of the settlement, including what kind of uses will be allowed going forward, are not clear.

      • EU Proposal Bans Netflix-Style Geo Blocking and Restrictions

        The European Commission has officially presented its plan to abolish geo-blocking and filtering restrictions across EU member states. The new proposal requires online services to allow users to access their accounts all across Europe, even in countries where it’s officially not available yet.

        [...]

        Ironically, the changes may not always be beneficial. In some cases people use a VPN to access a broader library of films and video in another EU country, which will no longer be possible under the new rules.

12.09.15

Union Busting at the European Patent Office, Dressed Up as ‘Investigation’

Posted in Europe, Patents at 11:49 pm by Dr. Roy Schestowitz

The military-grade attack on staff unions at the EPO


Summary: The European Patent Office (EPO) is attacking popular staff figureheads inside the institution and disguises this as just an investigation, with outside (paid-for) help from highly abusive firms such as Control Risks (which we call ‘British Blackwater’ because of its past)

Yesterday we wrote about the “J’accuse” against staff representative Elizabeth Hardon — a highly flawed dossier that the EPO‘s technically inept staff put together. We have decided to write a rebuttal based on our own understanding of the situation. It serves to show what the EPO’s management is really up to. Here is a point-by-point response to the early part of this “J’accuse”:

2.1. acting as an accomplice in a campaign to disseminate information and opinions detrimental to the EPO, its proper functioning and its reputation as well as the reputation of its employees;

Aside from the fact that proof is lacking or insufficient to implicate this one person in “disseminate information” (which in itself is not a crime), it should be no offense to inform others, e.g. journalists, in case something has gone rogue. The use of terms like “accomplice” and “campaign” shows the bias of the accuser. Facts themselves are treated like an enemy now. The word “reputation” is mentioned twice, as if there is some God-given right for the EPO to guard its precious reputation irrespective of the management’s actions.

2.3. disregarding (i) the express instruction of her employer and (ii) her concurrent obligation under Art. 4 of Circulars No. 341 and No. 342 to keep confidential the investigation C- 071/2015.

Some requests are inherently unjust, such as the request to keep an unjust “investigation” (accusations and destruction, as part of union-busting actions) secret. It’s clear why Team Battistelli would want to avoid facing the music. They are trying to save face.

3. The defendant is a Dutch national who joined the Office in 1988 as an examiner at Grade A2.

In other words, the defendant has spent more time at the EPO than Battistelli and all of his French buddies (whom he brought from INPI) combined.

4. She has, for a number of years, been active in the leadership of the Munich local section of the Locals Staff Committee (LSC) and of a staff trade union (SUEPO).

She is provably popular too. That’s why she must be crushed. Move over, Elizabeth; It’s Benoît’s time to shine, but you have evidently stolen his thunder.

5. The background to this report is formed by two recent wider investigations.

[...]

6. The first, C-62/2014, was conducted by the Investigative Unit (IU). Its report was submitted to the Administrative Council on 06.03.2015 which initiated and conducted disciplinary case D1/2015. The IU had found C, a member of the Technical Boards of Appeal, guilty of an electronic campaign of unauthorised disclosure and publication of confidential, non-public documents and information as well as of threatening, insulting, defaming, and libellous and/or racist messages to politicians, journalists, bloggers and EPO staff.

These accusations, which have been made by people salaried by (and thus loyal to) Team Battistelli, have been categorically rejected by an independent board. Any convictions coming from the IU should be treated with extreme prejudice. These people’s track record is rather poor.

7. On 12.10.2015, the IU presented the investigation C-62a/2015 reviewing the background of the C-62/2015 case and possible involvement of other parties. Its report found that C had acted with a network of staff and external contacts, including the defendant.

Notice where they’re going here. Guilt by association. If you can’t find a person guilty of something, then look for another person’s alleged actions and try to link these to another person. Welcome to Stalin’s USSR.

8. The President of the EPO has more recently been provided with a summary of findings in IU report C-62b/2015 (Annex I), which were forwarded to him…

IU working for the President and serving him heads on a silver platter. Envision where this is going…

9. The second investigation, C-071/2015, was conducted by external investigators, the firm Control Risk Group, under the authority of the IU, into allegations against unknown suspects of a campaign of harassment and intimidation against

So “Control Risk Group” goons (CRG not even spelled correctly by the EPO, as it should say “Risks”) are now named by the EPO itself and are working “under the authority of the IU”, which works under the authority of the President. So much for “external” investigators. It’s just a waste of money and lipstick on a pig.

10. The Control Risk Group…

OK, so it definitely wasn’t a typo. The EPO doesn’t even know who it’s hiring. It’s “Risks”, not “Risk”. How sloppy can one be? For some background about CRG, see the following articles of ours:

Next come “The Charges”, which range from unbacked by evidence to utterly laughable. It’s something between Kafka and Orwell.

In the interests of brevity, we’ll leave it at that for today. There’s lots more to come. Don’t believe anything that the management says about Hardon (or any other critic of the EPO’s management for that matter). █

“The Social Contract is nothing more or less than a vast conspiracy of human beings to lie to and humbug themselves and one another for the general good. Lies are the mortar that bind the savage individual man into the social masonry.”

–H.G. Wells

An Introduction and an Overview of European Patent Office (EPO) Scandals

Posted in Europe, Patents at 10:43 pm by Dr. Roy Schestowitz

A view from above, in layman’s terms

A lighthouse

Summary: A beginner’s guide to the EPO crisis, which is basically an altercation/quarrel between the assets of the office, highly knowledgeable patent examiners, and those assigned to manage them, only to pursue completely orthogonal goals that are clearly detrimental to Europe

THIS concise article assumes that the reader has no prior knowledge about the EPO scandals, or that only the EPO’s misleading narrative has been thus far accepted as fact. Links are intentionally omitted so as to make this article self-contained.

The European Patent Office, or EPO (not to be confused with the drug), is a multinational organisation whose members are mostly EU states. EPO staff is located primarily at the centre of Europe although the staff comes from a wide range of places (EPO members). Due to the way the EPO was set up more than 40 years ago — predating the European Union by several decades — no single country’s laws apply. This means that human rights and various protections are unexplored territory, which in practice means that the EPO’s administration can neglect staff’s health (as it does), ignore court rulings (as has become very notorious a point), chill freedom of speech, and lobby politicians without any apparent restrictions.

The EPO enjoys a monopoly in Europe. It is supposed to be a benevolent monopoly, but in practice it has gone rogue. Rather than adhere to public interests when it comes to patent scope, the EPO now operates like a private business and seeks to maximise profit. It means that patent scope has gone off the rails and to make matters worse, incestuous relationships between large international companies and EPO management have developed, leading to unequal service to different applicants. Some receive preferential treatment, whereas others suffer neglect, with applications taking even more than a decade before being handled.

The EPO practices gross censorship and intimidation against critics. Its grossly overpaid (and at times under-qualified, chosen based on nepotism) managerial staff staged a de facto coup. It now repels, discourages, and even ejects anyone who is even remotely sceptical of the management’s choices, often made in secret without public scrutiny being even tolerated.

The patterns of the EPO’s abuses are overwhelmingly detrimental to those who help sponsor it.

First, the EPO allows applicants to receive abstract patents, patents on life, etc. and it generally blurs the gap between European patent regulations and those from the United States, often to the benefit of foreign corporations with highly dubious ethical standards. Patent maximalism, which is further facilitated by a systemic hogwash or synthesis, threatens to bring patent trolls (non-practising litigious firms) to Europe, essentially taxing everything, to the detriment of every single ‘consumer’ in Europe.

Second, the EPO disregards human rights, especially in its pursuit of the objectives above. Repressions inside and outside the EPO include institutional abuse and violation of the EPO’s own rules, censorship of the media, alleged DDOS attacks (technical or physical) against critics, legal bullying against critics, and illegal surveillance on staff and visitors, not to mention on journalists. These are the hallmarks of imperialistic regimes.

Third, in order to control everything and everyone by fear, the EPO openly demonstrates its maniacal tendencies and makes an example of scapegoats inside and outside the organisation. Staff suicides are a likely outcome of these maniacal moves, crushing of protests is a de facto standard (in spite of EU laws), union-busting is now taken for granted (with the helping hand of private firms from the outside), and there is not even due process. The management of the EPO, which has become a cabal surrounding the megalomaniac President, is systematically abolishing workers’ rights and acts like an absolute power (a state within the state of Germany for the most part). The President is the judge, the jury, and the executioner. In order to secure this unacceptable state of affairs, the management insists on ignoring court orders, crushing oversight or critical (of the management) branches like the boards, tightening the relationship with the Administrative Council by means of entryism (even accepting into its ranks people who are alleged to have bribed, and even worse), character assassination or defamation of (typically anonymous) critics, and disseminating propaganda or misinformation in the media (sometimes literally paying the media or paying vast amounts of money to PR agencies).

To EPO insiders, the EPO seems almost unstoppable. No matter how many abuses the management resorts to, it’ll always get away with them. The EPO’s workers, therefore, harnesses power in numbers, in spite of the management’s relentless efforts to crush anyone who dares organise the staff for direct action.

Staff complains about the above points, as well as monetary waste, nepotism in top-level appointments, conflicts of interest, and so on. All of these crises put not only the management at risk but also threaten the reputation and the status of the EPO itself, hence the jobs of patent examiners. It is clear that the goal of the angry staff is to actually save the EPO and salvage its reputation, whereas the existing management is just looking after its own interests, hence it is working hard to silence and suppress the staff. █

Software Patents and EPO Coverage

Posted in America, Europe, Patents at 9:48 pm by Dr. Roy Schestowitz

Software development environments neither need nor want patents

Software development

Summary: An interlude regarding the subject of software patents in Europe and the United States

THE main subject of this site has always been software patents (we are not anti-patents in general). It’s why the site came into existence in the first place. There is a war going on in the software domain and it is fought between protectionists and programmers. Alice denialists typically fall under the former group and Free/Open Source software developers are just a subset of the latter (it includes proprietary software programmers too).

Alice denialists, who are mostly patent lawyers, only ever choose to comment (cherry-picking) about Alice when it’s some Microsoft-connected patent aggressor like Finjan managing to convince a court to uphold a software patent, as we recently noted. This new article by Monte Cooper and Cam Phan from Orrick says: “This goes to show that despite the significant shift that has occurred since the Alice decision, all hope is not lost for plaintiffs asserting patents in the software space.”

“There is a war going on in the software domain and it is fought between protectionists and programmers.”Well, Alice denialists wouldn’t want to admit that SCOTUS and the USPTO don’t quite tolerate software patents like they used to. Even the Court of Appeals for the Federal Circuit (CAFC), which is said to have brought software patents to this world, is finding itself rejecting a lot of software patents these days, on grounds of abstractness.

Despite the EPO‘s troubling leanings towards software patents in Europe (because it helps management improve so-called EPO ‘productivity’ figures, measured in misguided terms or yardsticks like number of patents granted), it’s still not easy to get patents on software in Europe, either.

The mainstream media is increasingly covering various EPO scandals these days (there are many scandals, not one). It happens on a daily basis right now. See Stefan Krempl’s new article in German (if SUEPO doesn’t produce a translation, maybe one of our readers wants to).

The European Commission and second-biggest EU establishment — the EPO — apparently have something in common. The EPO is clearly dysfunctional right now and “at the EPO,” according to this new article, “oppositions can take 12 years” (if not longer).

There are many aspects to the EPO situation and our Wiki page breaks these down into various loose categories. Some readers have asked us for an overview of everything. This, in preparation for the protest on Thursday, is something we intend to do next. █

GNU/Linux Hosted by Microsoft Means Lock-in, Ransom, and Back Doors

Posted in GNU/Linux, Microsoft at 9:26 pm by Dr. Roy Schestowitz

Linux Foundation

Summary: News of interest to anyone who seriously considers Microsoft a suitable host for GNU/Linux instances

THE Linux Foundation no longer shocks us when it decides to become even more financially dependent on Microsoft. We have written many articles on this subject — articles in which we explained many of the reasons why this was a bad idea. Our focus these days is software patents, not Microsoft’s subversive attacks on Linux. This is why we don’t want to compose any more long articles on the subject of today’s Linux Foundation announcement, however disturbing it may be. The arguments made back in the days (see the 10 links below) are still valid and applicable today.

To remind people of what it means to host with Microsoft, consider this new article titled “Microsoft begins migrating Office 365 SMB customers to new plans”.

“Proof that once Microsoft can ransom users’ data,” a reader of ours called it, “they can pull the rug out from under them at any future date without notice.”

The same would inevitably go for people who decided to host GNU/Linux with Microsoft. Control is lost and Microsoft’s price-gouging practices are like no other company’s practices. We already highlighted other malicious business plans Microsoft would subject clients to, such as in-place Linux-to-Windows migrations with financial incentives. Watch what Microsoft is doing to Android right now.

One must also bear in mind that Microsoft’s software is designed for remote control by people who are in power, notably the NSA. Consider this new article which shows just how deep this goes:

It’s nearly 2016, and Windows DNS servers can be pwned remotely

Microsoft is closing out the year with a fix for 71 security vulnerabilities in Windows Server, client-side Windows, Office, Internet Explorer, and Edge.

Among the patches are two vulnerabilities that are already being exploited in the wild for elevation of privilege and remote code execution.

Put in very simple terms, DNS, which can serve as a gateway to GNU/Linux-based sites, can be remotely controlled through vulnerabilities which Microsoft didn’t bother addressing until they were already exploited by players other than the NSA et al.

There are many old articles which come to mind in light of today’s mistake from the Linux Foundation. Among them:

  1. Microsoft Gradually Embraces, Extends, Extinguishes Linux Foundation as a Foundation of GNU/Linux
  2. Only Months After Microsoft’s Ramji Enters the Linux Foundation Microsoft Gradually Joins Him
  3. Message to LinuxCon Regarding Microsoft: “It is Necessary to Get Behind Someone in Order to Stab Them in the Back.” -Sir Humphrey Appleby
  4. More People With Microsoft Roots Enter the Linux Foundation, Occupying Top Positions
  5. They ‘R’ Coming: More Microsoft Money for the Linux Foundation
  6. Microsoft is Interjecting Itself Into GNU/Linux and Free Software News, Even Events and Foundations
  7. The ‘Microsoft Loves Linux’ Baloney is Still Being Floated in the Media While Microsoft Attacks Linux With Patents, New Lawsuits Reported
  8. Microsoft is Trying to Subsume GNU/Linux and Free/Libre Software
  9. The Linux Foundation Appoints Former Microsoft Manager for Management of OpenDaylight
  10. When ‘Former’ Microsoft Influence Lands in Free/Open Source Software

We will probably refrain, as matter of principle in fact, from any further comments regarding the Linux Foundation, at least for the time being (we have a lot more to say). Not because it’s unimportant but because it wouldn’t be our top priority at this point in time…

We have a lot to say about the EPO these days and it is generally more urgent (people’s careers or lives are at stake). We write about it as quickly as we receive new material in order to cope or catch up with the growing backlog. We have reached a critical point and tomorrow there will be massive protests in Munich again. █

Links 9/12/2015: Linux Foundation Endorses PRISM, End for Firefox OS

Posted in News Roundup at 5:02 pm by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

Leftovers

  • Hardware

  • Security

  • Defence/Police/Secrecy/Aggression

  • Environment/Energy/Wildlife

    • Major Electric Utility Dumps ALEC over Clean Power Plan

      The American Legislative Exchange Council (ALEC) has suffered the loss of another major corporate sponsor, the Guardian reported Tuesday, with the electric utility American Electric Power (AEP) announcing it will no longer provide the climate change denial group with funding from 2016.

      AEP becomes the 107th identified corporation to have withdrawn funding since the Center for Media and Democracy launched the ALEC Exposed project in 2011, joining others such as Shell, BP, Google, Microsoft and Facebook.

      The loss of AEP will be particularly troubling for ALEC. AEP lobbyist Paul Loeffelman is still listed on the ALEC website as the private sector chairman for the group’s Energy, Environment and Agriculture task force. This task force is the arm of ALEC promoting climate change denial to state legislators and driving its anti-environmental agenda, which includes working to block President Obama’s Clean Power Plan and oppose the development of renewable energy in the United States.

    • ‘We’re overrunning the Planet’: Sir David Attenborough’s fears over what the swelling population is doing to his favourite holiday destination – The Great Barrier Reef

      But Sir David has warned that future generations of holidaymakers could soon be unable to enjoy the same experience because of the damage global warming is doing to the reef.

      Speaking at a screening of his new documentary on the reef at Australia House in London last week, he said: ‘The real danger is the rising temperatures and acidity and the effect that has – if the acidity grows to a certain limit it will damage the coral itself.

  • Finance

    • This Australian Says He and His Dead Friend Invented Bitcoin

      A monthlong Gizmodo investigation has uncovered compelling and perplexing new evidence in the search for Satoshi Nakamoto, the pseudonymous creator of Bitcoin. According to a cache of documents provided to Gizmodo which were corroborated in interviews, Craig Steven Wright, an Australian businessman based in Sydney, and Dave Kleiman, an American computer forensics expert who died in 2013, were involved in the development of the digital currency.

    • Bitcoin’s Creator Satoshi Nakamoto Is Probably This Unknown Australian Genius

      Even as his face towered 10 feet above the crowd at the Bitcoin Investor’s Conference in Las Vegas, Craig Steven Wright was, to most of the audience of crypto and finance geeks, a nobody.

      The 44-year-old Australian, Skyping into the D Hotel ballroom’s screen, wore the bitcoin enthusiast’s equivalent of camouflage: a black blazer and a tieless, rumpled shirt, his brown hair neatly parted. His name hadn’t made the conference’s list of “featured speakers.” Even the panel’s moderator, a bitcoin blogger named Michele Seven, seemed concerned the audience wouldn’t know why he was there. Wright had hardly begun to introduce himself as a “former academic who does research that no one ever hears about,” when she interrupted him.

    • Reported bitcoin ‘founder’ Craig Wright’s home raided by Australian police

      Police have raided the home of an Australian tech entrepreneur identified by two US publications as one of the early developers of the digital currency bitcoin.

      On Wednesday afternoon, police gained entry to a home belonging to Craig Wright, who had hours earlier been identified in investigations by Gizmodo and Wired, based on leaked transcripts of legal interviews and files. Both publications have indicated that they believe Wright to have been involved in the creation of the cryptocurrency.

    • UK TTIP Debate Tomorrow: Please Contact MPs Today

      It seems that there will be a rare UK debate about TTIP tomorrow. This is a great opportunity to contact your MPs and let them know what you think. Here’s what I’ve just sent – you can use WritetoThem to make things easier.

  • PR/AstroTurf/Lobbying

    • Trump Is Devouring The GOP, And Fox News Fed It To Him

      Back on September 17, as Donald Trump basked in the post-Labor Day glow of being the Republican Party’s undisputed frontrunner, he spoke to a boisterous crowd in New Hampshire and took a question from an especially boisterous fan. “We have a problem in this country. It’s called Muslims. We know our current president is one. You know he’s not even an American,” said the Trump t-shirt-wearing man. “We have training camps growing where they want to kill us. That’s my question: When can we get rid of them?”

  • Privacy

    • Final Text Of CISA Apparently Removed What Little Privacy Protections Had Been In There

      Back in October, the Senate voted overwhelmingly to approve CISA, the Cybersecurity Information Sharing Act, which has nothing to with cybersecurity at all, and is almost entirely a surveillance bill in disguise. Want to know the proof: many of the most vocal supporters of CISA, who talked up how important “cybersecurity” is these days are the very same people now looking to undermine encryption.

    • Save Crypto: Tell the White House We Can’t Sacrifice Security

      The Obama administration just responded to the 104,109 people who asked the president to stand up for strong encryption. The response—penned by Deputy U.S. Chief Technology Officer Ed Felton [sic] and Special Assistant to the President and Cybersecurity Coordinator Michael Daniel—acknowledged the importance of the conversation but offered no conclusions. Instead, they asked us to share our thoughts on encryption.

    • Should Facebook turn in ISIS supporters?

      On Friday the FBI classified the mass shooting in San Bernardino, California, as “an act of terrorism”. Tashfeen Malik and her husband, Syed Rizwan Farook, don’t seem to have been in direct contact with ISIS, but the extremist militant group called the couple “supporters” on Saturday.

    • No phone, no problem: NSA will target the cloud instead

      As of last week, the National Security Agency can no longer cull through Americans’ phone records, but it can continue to eavesdrop on our emails, video chats, and documents. The NSA can keep metadata already collected until Feb. 29, 2016, and your phone data will continue to be collected by telecom companies.

      But the fact that phone records can no longer be easily searched is nearly meaningless to the world of cloud computing. If the data is still up for grabs — and it is — then we’re likely to have the same concerns we did before the USA Freedom Act that curtailed some of the NSA’s activities last week.

    • “Yeah, we ditched Google.”

      After we gave it some more thought, we realized we were hypocrites. Since inception, SpiderOak has been an advocate for online privacy. Unlike many others in our market, we strive to be very clear about how our product design truly delivers Zero Knowledge privacy for our users. We tell potential supporters, what matters most is who has the keys and how they are stored. But you can read more about how we solved those problems from our many other posts our site.

      For the past five years, we had been using Google Analytics for monitoring our web traffic. Innocent enough decision, right? Then we asked ourselves, “are we contributing to the mass surveillance of the web by using a feature-rich, yet free service that tracks web visitors?” Sadly. we didn’t like the answer to that question. “Yes, by using Google Analytics, we are furthering the erosion of privacy on the web.”

    • The NSA might be spying on Tor users

      Privacy and encryption have been two very hot topics for the last few years. The Tor browser can help protect your privacy while online, but it may come at the cost of being spied on by the NSA.

    • If You Do This, the NSA Will Spy on You

      Worried about the NSA monitoring you? If you take certain steps to mask your identity online, such as using the encryption service TOR, or even investigating an alternative to the buggy Windows operating system, you’re all but asking for “deep” monitoring by the NSA.

  • Civil Rights

    • Henry Jackson Society as Bad as Donald Trump

      The Henry Jackson Society seconds staff to the Quilliam Foundation. This extraordinary organisation is a career vehicle for “reformed jihadists” to milk huge salaries and luxury lifestyles from government money, in return for fronting an organisation run by the security services. Quilliam specialises in denouncement of Muslim organisations and talking up the Jihadi threat, offering “expert advice” on the government’s anti-free speech strategy. At the same time, it seeks to maximise the income of its directors. One interesting collaboration to make money was its collaboration with the current head of Pergida UK, and former head of the English Defence League, Stephen Yaxley-Lennon (Alias Tommy Robinson).

      Quilliam have received millions from the taxpayer for their dubious “work”. But their application for Home Office funding to split with Yaxley-Lennon remains an episode beyond belief. Several of Quilliam’s staff are “lent” by the CIA-funded Henry Jackson Society.

    • Jacob Appelbaum at Aaron Swartz Day 2015

      Jacob Appelbaum read a powerful statement at this year’s Aaron Swartz Day Celebration. I’m still processing everything he revealed to us that night.

    • How the TPP Will Affect You and Your Digital Rights

      The Internet is a diverse ecosystem of private and public stakeholders. By excluding a large sector of communities—like security researchers, artists, libraries, and user rights groups—trade negotiators skewed the priorities of the Trans-Pacific Partnership (TPP) towards major tech companies and copyright industries that have a strong interest in maintaining and expanding their monopolies of digital services and content. Negotiated in secret for several years with overwhelming influence from powerful multinational corporate interests, it’s no wonder that its provisions do little to nothing to protect our rights online or our autonomy over our own devices. For example, everything in the TPP that increases corporate rights and interests is binding, whereas every provision that is meant to protect the public interest is non-binding and is susceptible to get bulldozed by efforts to protect corporations.

    • Carmichael: An Extraordinary Lack of Humility

      Despite al this, I would not be tremendously concerned about the result if Alistair had the decency to be a bit chastened by it. It is only because of our ridiculously undemocratic electoral system that representation is so skewed. You didn’t ought to get over 95% of the seats on 52% of the votes, and I am not sure what is gained by magnifying that other wrong. But any mixed feelings I have on those grounds are dispelled by the utterly inappropriate triumphalism the Lib Dems are displaying, as though to be found a blatant liar by a court is something to be proud of. The brass neck of it all is sickening.

    • CNN’s Don Lemon Blasts Frank Gaffney And The Poll Trump Cited To Legitimize His Ban On Muslims Entering The US
    • After Trump Proposes Ban On Muslims, Rupert Murdoch Calls For “Refugee Pause”

      News Corporation and 21st Century Fox executive co-chairman Rupert Murdoch cited “radical Muslim dangers” to endorse a “complete refugee pause” one day after Republican presidential frontrunner Donald Trump called for a total ban on Muslims immigrating to or visiting the United States.

      On December 7, Trump called for a “total and complete shutdown of Muslims entering the United states until our country’s representatives can figure out what is going on,” citing a flawed poll from an Islamophobic organization to claim that Muslims are a danger to America.

  • Internet/Net Neutrality

    • Our ISPs Are Using Our Insatiable Need for Streaming Video Against Us

      All of our YouTube party playlists and Netlix-and-chill date nights are starting to add up: streaming video now accounts for 70 percent of broadband usage, according to data newly released by broadband services company Sandvine.

      This statistic might look pretty innocuous and simple on its face, but our dependence on massive amounts of data for our daily use has some dangerous implications. Because cable providers would rather you be watching actual cable programming versus streaming shows from Hulu and Netflix, they impose arbitrary data caps on your Internet usage, like the ones Comcast has been quietly implementing in markets across the country. You end up shelling out for something that costs the providers next to nothing.

      [...]

      And T-Mobile isn’t the only culprit: on the broadband side, Comcast is launching its own streaming service that—you guessed it—won’t count toward your household’s data cap. This practice, called “zero-rating,” is as much a threat to net neutrality as anything else has been, directing consumers to certain data channels and making the free market less free.

  • Intellectual Monopolies

    • Copyrights

      • Copyright in Europe: Minimal Reform to Avoid Crucial Questions

        Today, the European Commission has presented its proposal to reform copyright law in the European Union. This package includes a proposal for a regulation on portability of online services, as well as a communication to announcing future reforms to follow in 2016. The European Commission has thus confirmed that it does not wish to reopen the file on the InfoSoc directive 1, reflecting its reluctance and lack of ambition on this issue.

      • EU Commission unveils next steps for copyright reform, including draft content portability regulation
      • Copyfail: Why WIPO Can’t Fix Copyright

        It has been obvious for decades that copyright law is ill-matched for the opportunities and challenges created by the Internet. It’s been equally obvious, however, that sensible copyright policies face huge practical barriers, in large part because few are willing to challenge the default assumption of copyright law that every time a copy is made the rightsholder’s permission is required. That assumption makes no sense in the digital age, but it’s hugely difficult to dislodge, especially at the international stage.

      • Anti-Piracy Lawyer Milked Copyright Holders For Millions

        Leaks from a confidential auditor report into the activities of bankrupt anti-piracy law firm Johan Schlüter suggest that the company defrauded its entertainment industry clients out of $25m. One lawyer was singled out for most criticism after enriching both herself and family members.

      • Used eBook Sellers Receive Threats of Jail Time

        People selling unwanted eBooks online have been warned that their activities could result in six months imprisonment. However, anti-piracy group BREIN, the alleged sender of the threats, says it is not responsible. Nevertheless, given a legal case to be heard next week, the timing is certainly curious.

      • BitTorrent Still Dominates Internet’s Upstream Traffic

        New data published by Canadian broadband management company Sandvine reveals that BitTorrent can be credited for a quarter of all upstream Internet traffic in North America, more than any other traffic source. With heavy competition from Netflix and other real-time entertainment, BitTorrent’s overall traffic share is falling.

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