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03.21.16

Redondeo de Patentes: El Distrito Este de Texas, Cambios de Juridicción, Patentes Dubias, e Incluso Sanciones

Posted in America, Apple, Courtroom, Patents, Samsung at 7:36 am by Dr. Roy Schestowitz

English/Original

Publicado en America, Apple, Courtroom, Patents, Samsung at 12:43 pm por el Dr. Roy Schestowitz

Delaware stop

Sumario: Casos de patentes en Texas, prospecto de reforma de patentes, casos de Delaware, y algunas actualizaciones acerca de casos de gran importancia

Eastern District of Texas

BASADO en los últimos números de Lex Machina, cuyas figuras son típicamente usadas para oponerse a ligigación excesiva y apoyo por una reforma de patentes (simplemente miren quien está detrás de Lex Machina), indica que hay una reducción/decline en prospectos para litigación de patentes. Los máximalistas de patentes interpretan esto como sigue: ¨sabemos que los caso en los US estuvieron de nuevo arriba, no alcanzándo los niveles del 2013 pero todavía fue el segundo record. Sabemos que la actividad en Noviembre fue unprecedente gracias a nuevos, estrictos estandares de pelea a ponerse en efecto en Diciembre. Y también ha sido ampliamente reportado que incluso por sus propios estándares sobresalió en el Distrito Este de Texas, donde 44% de casos nuevos fueron traídos, y el Juez de ese Distrito Rodne Gilstrap quien se anotó un increíble 1686 nuevas demandas”.

“Alguos creen que una reforma en las juridicciones simplemente ayudaría a mitigar/limitar el problema.”El Distrito Este de Texas, la capital de los trolles de patentes, es absolutamente un pozo negro. Incluso se anuncia a sí misma como tal (barra baja de patentes en los tribunales).

Basado en este nuevo artículo from Heather Greenfield (de CCIA): “Senadores Jeff Flake, R-Ariz., Cory Gardner, R-Colo., y Mike Lee, R-Utah, han introducido a bill cuyo objetivo son los trolles de patentes llevando a cabo abusivos casos de patentes en el Distrito Este de Texas, considerado territorio amigable para aquellos cuyo negocio principal son los juicios de patentes en vez de hacer productos. El Distrito Este de Texas tomó 44 por ciento de todos los casos de patentes el 2015. Juez Gilstrap del Distrito Este esta basado en Marshall, Texas, que tiene una población de 24,000 people, sin embargo el esta a cargo de un quinto de todos los casos de patentes en los Estados Unidos.”

Ambos usan las mismas estadísticas y puntos de vista: “El Distrito Este de Texas tomó 44 por ciento de todos los casos de patentes el 2015.”

Algunos creen que una reforma basada en juridicción de patentes simplemente ayudaría a mitigar el problema.

Juicios en Texas Trials y Preguntas de Jurisdicción

Escribimos previamente acerca del caso Metaswitch/Genband y esta de regreso en los titulares de nuevo [1, 2, 3, 4]. Compañías reales (practicantes) de Europe estan siendo afectadas, nos deja preguntándonos por que le toma tanto tiempo al Congreso hacer algo. Uno sugirió una clase de reformas basadas en la vena de juridiscción/cambio, o sanciones en el. Una mejor solución identificaría em modelo de patentes mismas (patentes de software) y trabajan para aplastarlas.

“Un tipo sugerido de reforma se refiere a la jurisdicción/cambio de lugar, o sanciones en él.”Vean este nuevo artículo titulado “Venue and Personal Jurisdiction Updates” y tambien “ANDA llenado crea una Juridiscción Personal a nivel Nacional”, que la precede. Es acerca de génericos, envuelve a la CAFC, y dice: “Los echos aquí envuelven a Mylan buscando a la FDA aprobar su mercadeo de drogas genéricas que eventualmente serán vendidas en Delaware (como también en todos los estados de la Union). Al considerar esa acción, la courte encontró que tiene suficiente juridicción personal para casos irradiando de una aplicación de aprovación de ANDA.”

Aquí esta la parte acerca de jurisdicción: ¨En este caso de jurisdicción personal, el Circuito Federal ha afirmado el juicio emitido por al Corte de Delaware, que la corte tiene específica jurisdicción sobre dos casos paralelos de Mylan. En un super amplia tenencia la corte encuentra que cuando una compañía de genéricos llena una nueva aplicación por genéricos (ANDA) con la FDA, y que su llenamiento abre la puerta a la jurisdicción personal de cualquier estado donde la Compañía Genérica venderá la droga si es aprovada. Esto efectivamente significa que la compañía genérica puede ser enjuiciada en cualquier estado de la Unión.¨

“Una mejor solución identificaría em modelo de patentes mismas (patentes de software) y trabajan para aplastarlas.”Hablando de Delaware, vemos esta nueva actualización acerca de otro caso allí (detrás de la pared de pago). La parte accesible al público dice: “La compañíá de tecnología Wireless Novatel y una compañíá dueña de patentes que la acusó de infringir dos de sus patentes de communicaciones han acordado deshacerce de su caso, una semana después que un juez Federal de Delaware estrechó las pretensiones de la demanda y la tiró a cabo expertos de ambos lados.”

Delaware, a diferencia de Texas, esta al noete, y no es tan amigable como Texas en cuanto se trata de los demandantes.

Patentes Dudosas

Un artículo por Timothy Geigner cubre una materia que hemos tratado aquí dos veces antes. “Es frecuentemente reclamado,” Geigner escribe, “litigaciones de que patente y marcas es empleada frecuentemente como medida de simplemente alejar/bloquear competición libre.” Eso es exáctamente lo que tenemos aquí. Para citar su artículo:

El fundador de Global Archery, John Jackson, en el otro lado, aparece perfectamente voluntario de salir y describir su motivación por llenar un juicio de infringimiento de patentes y marcas contra a LARPing entusiásta que vende flechas no-letales al lado.

Pero primero veamos el marco. LARP representa juego de acción vivo, para aquellos que no lo saben todavía. Para ayudar en el rol de reescenificar batallas, LARPers usarán ¨armas¨ no letales, como espadas y flechas de espuma, y parecidos. Larping.org es un sitio de pasatiempos de fabricantes de tercera parte. Ahora, Global Archer tiene patentes en específicos diseños de flechas, que principalmente se refieren en la manera en que la cabeza de la flecha se asegura al mango. Una mitad del reclamo de la compañíá contra Larping.org es por infringimiento de esas patentes.

¿Porqué fueron tales patentes otorgadas en primer lugar? ¿Cuánto costaría al acusado probar que ellas son falsas?

Sanciones

Apple ha confíado en embargos, o amenazas de embargos, en order de forzar a compañías a pagarles por aparatos Android y/o remover funciones básicas (como un slider que abre la pantalla). La ITC ha sido usada por apple para ello, y Microsoft lo ha hecho también. Ambos están atacando a Linux (especialmente e aparatos) usando patentes de software. Este nuevo artículo sirve para reforzar estimados de tiempo dice que será el Lunes cuando conocerá si Apple [ref 89542 puede llevar Android (actualmente Samsung) a la Corte Suprema). Para citar:

Decisiones en el caso Apple versus Samsung de infringimiento de patentes ha oscilado ampliamente para ambos lados, sugiriendo que las cortes son incapazes de emitir juicios justos para el rápidamente-cambiate sector de alta tecnologíá. Pero dos expertos aconsejan tomar una perspectiva más amplia acerca cambios históricos en la ley de propiedad intelectual, uno de ellos probablemente todavía adelante.

La Corte Suprema de los US podría decider este Lunes (Mar. 21) si escuchará o no una apelación en diseño de patentes envuelta en el caso. ¨No muchos casos han percolado a la cumbre…[pero] hemos visto le perfil de derechos de diseño salir de las aguas al candelero,¨ dijo Christopher V. Carani, un socio e McAndrews Held & Malloy Ltd. (Chicago) quien se especializa en patentes de diseño.

Apple todavía esta tratándo duramente de extraer billones de dolares de Samsung, bajo una intensa presión de embargos y que no. Apple usó HTC como precedente contra Samsung. Si Samsung cae, ¿quién será le próximo en el camino de destrucción de Apple? También consideren el siguiente nuevo artículo:

ZTE se apresta a apelar un ban de exportaciones de los US

ZTE Corp de CHINA apelará unas duras restricciónes de exportaciones en los US impuestos la semana pasada, de acuerdo a una persona familiar con la materia, después de que el esfuerzo de cabildeo del fabricante de equipo de telecomunicaciónes falle de evitar las preocupaciones acerca de sus negocios.

El Departamento de Comercio de los US impuso restricciones a los proveedores de los US proveyendo cruciales componentes a ZTE por supuestas violaciones contra las sanciones contra Iran, un movimiento que disruptirá su cadena de provisión global.

“El Departmento de Comercio de los US y ZTE Corp están en continuas discusiones,” dijo un oficial mayor del Departamento de Comercio. “Estas discusiones han sido constructivas, y continuaremos buscando una resolucion.”

¿Quién se beneficia de tales embargos políticos? Seguramente Apple debe estar a favor, Este caso fue mencionado temprano este mes por IAM, que cree que se relaciona indirectamente a los embargos inducidos por patentes. ¿Cuán lejos irá el sistema de los Estados Unidos? Los embargos o sanciones no ayudan a los consumidores; ¿cuándo se darán cuenta de ello? y ¿cuándo el público se dará cuenta que el exceso de patentes perjudican a todos?

IBM Todavía está Impulsando por Patentes de Software No Sólo en India Pero También en Los Estados Unidos

Posted in Asia, IBM, Patents at 7:20 am by Dr. Roy Schestowitz

English/Original

Publicado en Asia, IBM, Patents at 10:40 am por el Dr. Roy Schestowitz

Manny Schecter
Manny Schecter, el Jefe del Consejo de Patentes de IBM

Sumario: La estancia de IBM en las patentes de software, las que militariza cada vez mås, provee causa de preocupación no solo en los Estados Unidos pero también en naciones que sin cesar antagonizan a los cabilderos y abogados de aquellos como IBM

LA USPTO se está alejando de las patentes de software en un sentido que se está adaptando a lo resultados de Alice. Un montón de abogados de patentes, sin embargo, estan asustándose y tratando de esparcir patentes de software en otros países fuera de los Estados Unidos.

Reciéntemente, un se ha dicho y escrito un montón acerca de patentes de software en India. Como este nuevo artículo lo pone, las leyes de India sin patentes de sotware dan ¨esperanzas por innovación en IT, no litigaciones¨. El autor concluye con: ¨Aplaudimos a la Oficina de Patentes de India por revisar las guías y promulgar un test claro para otorgar patentes. Creemos que estas guías son unas de las más claros pasos a llevar en cualquier parte del mundo y creemos que ayudará a la innovación,no a juicios.¨

“Un montón de abogados de patentes, sin embargo, estan asustándose y tratándo de esparcir patentes de software en otros países fuera de los Estados Unidos.”Otro nuevo artículo, este de los medios corporátivos, se pregunta: ¨¿Deberían patentarse el software en un país con más de un billón de personas?

Esto debería ser una pregunta retórica. ¨Observadores de industria,¨ nota el autor, ¨dicen que esto es como si las matemáticas puedan ser patentadas. Puede ser un campo minado para compañías nuevas que terminarán batallando juicios. Esa es precisamente la razón, por que el movimiento de free software ha atraído muchos programadores en todo el mundo. Ha espoleádo a gigantes como Google y Facebook, y parece seguir moviendose adelante.¨

SFLC est también vista como sigue: “SFLC ha dicho en su blog que tal test asegurará que aplicaciones por patentes en el campo de software serán rechazados y sólo aplicaciones genuínas reclamando un componente de hardware juntamente con software serán elegibles por protección de patentes.¨

“Schecter de IBM está dando entrevistas y coqueteándo con los apológistas de los trolles de patentes así como los proponentes de las patentes de software.”Anivar Aravind, un apoyo nuestro por largo tiempo, escribió ayer que las patentes de software están ¨evitando #India guías de CRI son ciertamente noticias dolorosas para muchos startups legales que troll en #innovación. Peron no por #StartUpIndia¨

Como notamos aquí hace unos meses, IBM está todavía tratando de hacer que India se joda a sí misma al aceptar las patentes de software basado this news, IBM is still lobbying for software patents in the US as well (see en estas noticias, IBM todavía esta cabildeando por patentes de software en los Estados Unidos también (vean lo que Manny Schecter escribió). Averguénzate IBM, que se esta conviertiéndo en un agresor de patentes con ellas hoy en día. Schecter de IBM está lamentándose la caída de las patentes de software en los Estados Unidos y la gente lo esta viendo; dejen lloriquear a IBM, dejen que sus moles en la USPTO hagan su cabildeo. Esto sólo sirve para demostrar en que lado realmente IBM está. Schecter de IBM está dando entrevistas y coqueteándo con los apológistas de los trolles de patentes así como los proponentes de las patentes de software.

Links 21/3/2016: Blender 2.77, Libreplanet 2016 Coverage

Posted in News Roundup at 6:43 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • Seriously, the FCC might still ban your operating system

    A few weeks ago Julius Knapp of the FCC responded to the furor in the free, libre and open source software communities related to the agency’s proposed rules on banning WiFi device modification. In his response, he sought to reassure the community that their proposals will not restrict open source firmware on devices.

  • How community building can help an organization’s bottom line
  • 16 resources for measuring open source community ROI
  • Director of Google.org on challenges of unconscious bias

    Their conversation focused on a topic that is near and dear to the open source community: diversity in tech. Google’s workplace is 70% male, so hiring more women and minorities interested in technology is a big issue for them. They know that they will create better products if they have a more diverse team. And, Jacquelline says we’re seeing that companies founded by women are not getting the same results to support their businesses when pitching to venture capitalists. Men are 18% more likely to get funding with the same exact pitch as a woman.

  • Barclays Techstars start-up Seldon drives open source machine learning

    The current “AI summer” is being driven by gargantuan computational power being applied to larger and larger data sets. Housley said that around 2014 he saw a few different market forces at work, “an increasing commoditisation of machine learning and AI technology; popular big data technologies such as Apache Spark and Hadoop were bundling machine learning libraries as part of their systems.”

    He pointed to more of a social trend with consumers expecting smarter apps and increasing automation of work force activities which is driving big data analytics. “Most companies are sitting on massive silos of data. Not just their structured data – their website activities which are very highly ordered – but also all the documents that are flowing through their systems.”

  • Redox: A Rust-Written, Microkernel Open-Source OS

    Redox OS subscribes to a micro-kernel design but part of what makes it so interesting is that it’s written in the Rust programming language. Most features are implemented in Rust for Redox OS and there’s an optional original GUI, Newlib for C programs, drivers are run from user-space, and there’s work underway in supporting the ZFS file-system. Common Unix commands are supported by Redox.

  • Events

    • Day Two of FOSSASIA 2016

      I had to leave early to the venue for day two, as I had a welcome talk in the Python track. The morning started with the “Introduction to GSOC, and GCI” talk from Stephanie Taylor. The room was full with many ex-GSOC and GCI students, and mentors. The students of GCI last year completed more than 4k tasks, among them 1k+ was done by the students under FOSSASIA organization.

  • SaaS/Big Data

  • FSF/FSFE/GNU/SFLC

    • Library Freedom Project and Werner Koch are 2015 Free Software Awards winners

      The Award for Projects of Social Benefit is presented to a project or team responsible for applying free software, or the ideas of the free software movement, in a project that intentionally and significantly benefits society in other aspects of life. This award stresses the use of free software in the service of humanity.

      This year, it was given to the Library Freedom Project, a partnership among librarians, technologists, attorneys, and privacy advocates which aims to make real the promise of intellectual freedom in libraries. By teaching librarians about surveillance threats, privacy rights and responsibilities, and digital tools to stop surveillance, the project hopes to create a privacy-centric paradigm shift in libraries and the local communities they serve. Notably, the project helps libraries launch Tor exit nodes. Project founders Alison Macrina and chief technology wizard Nima Fatemi accepted the award.

    • Libreplanet 2016: The Last Lighthouse
    • Recapping day zero of LibrePlanet 2016

      …before Daniel could finish the room broke out into clapping and standing ovation. Edward responded with clear emotion by thanking the community for creating free software. Sitting down in front…

      …feeling the energy, emotion and celebration was vibrant in the room. It was a great kick off to the day. Naturally things ran over time and those watching the stream had sound related issues, so Ruben our newest tech team member, made a valiant effort to edit the video to share it amongst all of you.

    • Inessential Weirdnesses in Free Software

      Hi there. I’m Sumana Harihareswara and I’m going to speak with you about “inessential weirdnesses in free software”. Just some housekeeping to start: I am not using any slides today, I will be taking questions at the end, and I’ll be posting the text of my remarks online later today. And there are other good talks happening right now, so to help you decide whether to stay in this room: this talk is going to be more interesting to people who already have been participants in free software for a few years, who can use tools we commonly use in our community, like version control, IRC, mailing lists, bug trackers, and wikis, and who are already familiar with general free software trends and arguments. And this talk is going to be most interesting to people who regularly spend time working to help reach out to new people and get them to use free software and participate in our communities. So if that is not particularly interesting to you then I do encourage you to check out the other talks happening right now — I am particularly jealous that I can’t go to Luis Villa’s talk applying a capability approach to issues of software freedom.

    • autoconf-archive: Noteworthy changes in release 2016.03.20
  • Public Services/Government

    • New York considers tax breaks for developers of open-source software

      Senator Daniel Squadron (D)’s proposed NY senate bill S161, which is also sponsored by Senator Ruth Hassell-Thompson (D), will, if enabled, allow open-source software developers to claim back 20 percent of the expenses they incur for building and distributing free software. However, they’d only be able to claim back $200 a year under the proposed rules.

    • White House Seeks Feedback on GitHub for Government-Wide Open Source Software Policy

      The pilot program proposed in the draft policy would require “covered agencies to release at least 20 percent of their newly-developed custom code, in addition to the release of all custom code developed by Federal employees at covered agencies as part of their official duties.”

  • Openness/Sharing

    • Open Access/Content

      • Elsevier v. Sci-Hub on the Docket

        While searching for information on the next Elsevier Inc. et al. v. Sci-Hub et al. court date (just rescheduled from March 17 to April 27), I discovered that I — and apparently everyone else — have so far overlooked a big pile of public documents from the case. I’ve been checking PlainSite periodically, which hosts Elbakyan’s defiantly self-incriminating letter to Judge Robert W. Sweet and Sweet’s subsequent preliminary injunction against Sci-Hub and LibGen, but I should’ve noticed sooner that their collection is out of date and far from complete. So I ran a query on PACER, where the search tool for the Southern District of New York is so poorly designed and/or broken I couldn’t find what I was looking for. Fortunately, a site called PacerMonitor provides an alternate interface. $37.80 and many right-clicks later, I’d assembled all 122 PDFs released so far. You can download the full 42MB set here.

Leftovers

  • Science

    • Conspiracy theories are for losers: Science explains why conservatives see sneaky cabals in every defeat

      Don’t tell Donald Trump, but conspiracy theories are for losers. Seriously. I mean it. This is huge. And nobody wants to talk about it.

      OK, it’s actually more complicated than that. Other potential explanations paint an even less flattering picture of the current conservative conspiracy craze. But whatever it is, conservatives—at least in the current political moment—are significantly more prone to embrace conspiracy theories, and the more they know, the more they embrace them… at least if the conspiracies make liberals look bad. The same is not true of liberals—at least not now—according to a new paper published in the American Journal of Political Science that takes some major strides toward making sense of conspiracy theories as less of a puzzling black sheep phenomenon than it’s usually taken to be.

  • Health/Nutrition

    • All Eyes on Flint, but Drinking Water Crisis Stretches Nationwide

      While a congressional hearing Thursday focused attention on the drinking water crisis in Flint, Michigan, news reporting from around the country reveals that the problem of lead-contamination afflicts communities nationwide.

      A multi-part USA Today investigation published this week identified almost 2,000 additional water systems in all 50 states where testing has shown excessive levels of lead contamination over the past four years. “The water systems, which reported lead levels exceeding Environmental Protection Agency [EPA] standards, collectively supply water to 6 million people,” according to reporters Alison Young and Mark Nichols.

      The series installment released Thursday details hundreds of educational facilities across the nation “where children were exposed to water containing excessive amounts of an element doctors agree is unsafe at any level.”

  • Defence/Police/Secrecy/Aggression

  • Environment/Energy/Wildlife

    • Efficient answers to climate concerns

      European researchers have identified a new “fuel” that by 2030 will be more important than oil. It’s called energy efficiency − the drive to get more bang from each buck spent on power.

      If the European Union member states adopt a 40% energy efficiency target, the sum of energy savings and power from renewable sources such as wind and photovoltaics together would overtake the sum of all imported coal, oil and gas by 2030, according to a new study from the European Commission’s Joint Research Centre.

      With government encouragement, energy efficiency could become a “niche fuel” for investors at a time when fossil fuel prices are low. The drive to wean the community off carbon-based fuels could also lead to the creation of jobs and economic growth if the right investments were made in low-carbon technologies.

    • Western Europe coasts face a pounding

      The Atlantic seas could be getting rougher, with winter storms capable of causing dramatic changes to the beaches of Western Europe.

      And new research shows that the pounding delivered to the shorelines of the UK and France in the winter of 2013-2014 was the most violent since 1948.

      Gerd Masselink, professor of coastal geomorphology at Plymouth University School of Marine Science and Engineering, UK, and colleagues report in Geophysical Research Letters that they decided to switch focus from sea level rise resulting from global warming.

    • Did X Cause Y? A New Look at Attributing Weather Extremes to Climate Change

      In a world filled with high-impact weather events, it’s only natural to wonder exactly why your town was beset with a heat wave, a destructive flood, or a deadly tornado. Today, such events occur in a different global atmosphere–one with more greenhouse gases than at any time in human history, thanks to human activity. A growing branch of atmospheric research is working to quantify the influence of human-induced climate change on various types of extreme weather, and there is real progress being made. “It is now possible to estimate the influence of climate change on some types of specific weather events,” said Rear Admiral David Titley (Pennsylvania State University) at a press briefing in Washington, D.C., last Friday. Titley chaired a U.S. National Academies committee that has just produced an important report, released on Friday. Attribution of Extreme Weather Events in the Context of Climate Change serves as a very useful guide to how this work is carried out, what it can and can’t do, and where the science is heading.

    • TransCanada dismissed whistleblower. Then their pipeline blew up.

      TransCanada Corp put “substandard materials” — made by Quebec manufacturing company, Ezeflow — in an Alberta natural gas pipeline that blew up in 2013, Canada’s pipeline regulator said on Friday as it finally responded to a four-year old warning from a whistleblower with a new industry-wide safety order.

      The order gives all Canadian pipeline companies under federal jurisdiction 60 days to identify whether any of their pipelines are using specific types of pipeline fittings, made by Ezeflow in Quebec as well as fittings by Canadoil Asia produced in Thailand, that were flagged for safety reasons. The order also requires the companies to submit mitigation plans to address potential weaknesses.

    • By rejecting $1bn for a pipeline, a First Nation has put Trudeau’s climate plan on trial

      Canada’s Lax Kw’alaams show us how we can be saved: by loving the natural world and local living economies more than mere money and profit

  • PR/AstroTurf/Lobbying/Politics

    • Mysterious, Powerful Lobbying Group Won’t Even Say Who It’s Lobbying For

      The Commercial Energy Working Group (CEWG) is one of the many lobbying organizations in Washington. They make recommendations to federal agencies and try to sway lawmakers on policies. They engage in the basic political work of making the government friendlier to business.

      There’s only one problem: who the Commercial Energy Working Group actually represents is a secret.

      This violates federal lobbying and ethics laws, according to Public Citizen’s Tyson Slocum, who has urged the House and Senate to investigate the matter. “The Commercial Energy Working Group is one of the most active – and secret – organizations seeking to undermine energy market regulations,” Slocum told The Intercept. “The purpose of my complaint is to force the group to start identifying its membership.”

      Under the Honest Leadership and Open Government Act of 2007, all lobbying organizations registered with the federal government must list the names of any business that has contributed more than $5,000 to them in any one quarter. But the CEWG “does not disclose the individual companies or entities that constitute its active membership,” according to Slocum’s letter.

    • Why Bernie’s Revolution Has Just Begun

      Hillary Clinton has always been the favored candidate of the party establishment. And unlike 2008, when the powerful Cook County portion of that establishment broke for Obama, a favorite son, this time the establishment remains unified in the face of the Sanders insurgency. Which would be reason enough for Sanders to carry on his fight all the way to Philadelphia, even if it really were mathematically impossible for him to win the nomination—a point we are still unlikely to reach before California votes on June 7. The strength of Sanders’s challenge, and the enthusiasm of his supporters, have already pulled Hillary Clinton off dead center on police violence, trade policy, access to education, and making the wealthy pay their share of taxes.

    • Bible: 6 Ways Jewish Bernie Sanders is more like Christ, Christian Donald Trump more like anti-Christ

      According to a North Carolina pastor, Bernie Sanders needs to schedule a meeting with Jesus Christ, some people’s lord and savior. When introducing Trump at a rally, televangelist Mark Burns the crowd, “Bernie Sanders… doesn’t believe in God, how in the world (are) we going to let Bernie — I mean, really?” Burns then warned the Senator, “Bernie’s got to get saved, Bernie’s got to meet Jesus. He’s got to have a coming to Jesus meeting.”

    • How Women-Led Movements Are Redefining Power, From California to Nepal

      In her essay “There is No Hierarchy of Oppressions,” black lesbian feminist poet Audre Lorde wrote: “I have learned that oppression and the intolerance of difference come in all shapes and sizes and colors and sexualities; and that among those of us who share the goals of liberation and a workable future for our children, there can be no hierarchies of oppression.”

    • VIDEO: ‘Days of Revolt’: Chris Hedges, ‘Mr. Fish’ Examine the Power of Political Cartoons

      This week’s episode of teleSUR’s “Days of Revolt” features Chris Hedges in conversation with political cartoonist Dwayne Booth, also known as “Mr. Fish.” They sit down to discuss the “unpleasant truth” revealed by political cartoons.

    • The Head of Jeb’s Super PAC Is Tired of the Endless Conservative Con

      Mike Murphy is a longtime Jeb Bush friend and loyalist, and he’s also the guy who ran Right to Rise, the Super PAC that blew through $100 million in an epically futile effort to sell Bush to the masses. So it’s understandable that he might be a little bitter about the success of Donald Trump, who almost single-handedly destroyed Bush.

    • Bernie never stood a chance: The game was always rigged for a Hillary win

      Did you know that if a given political party already has an incumbent in a particular political post, it’s standard practice in the United States for a political party to prohibit its voter-list to be purchased by anyone who’s not an incumbent office-holder in that party — including by someone who wishes to challenge or contest within that party the incumbent, in a primary election?

      Only incumbents have access to that crucial list — crucial for any candidate in a primary election (unless there is no incumbent who is of that party).

  • Censorship

    • Lobby group claims support for muzzling Wicked Campers
    • Government set to crack down on ‘hugely offensive’ Wicked Camper slogans
    • Wicked Campers slogans face censorship ban
    • Wicked Campers: Public Support For G-Rated Billboards
    • Support to clean-up Wicked Campers welcomed
    • PM: Wicked Campers ‘beyond edgy and downright offensive’
    • Wicked Campers dumped for DoC listing
    • “A bit of sexual violence never hurt anyone” – Facebook user to Paula Bennett
    • Associate Tourism Minister Paula Bennett told ‘bit of sexual violence never hurt anyone’
    • Jack Dorsey: You’re A Liar. Censorship Is Rampant On Twitter

      In Shakespearean times, cuckolds were referred to as “he who has horns” — an issue everyone else can see, that’s not obvious to them. Everyone else sees his shame immediately, but the cuckold can only tell by looking closely in a mirror. Perhaps the same is true for censors, who insist that they adore free speech while mercilessly trampling it at the slightest opportunity.

      Twitter CEO Jack Dorsey, whom I wouldn’t even right-swipe on Grindr (ironically one of the few social platforms left without Orwellian speech suppression), recently made a visit to The Today Show where he firmly proclaimed that his site doesn’t censor its users. Dorsey made his extraordinary statement following Matt Lauer’s claim that his Twitter followers named censorship as one of the most important issues facing the social media platform.

    • Censoring Palestinian Maps

      One act of censorship denies facts established by scientific research. The other denies the documented violation of international law (for instance, the Fourth Geneva Convention) and multiple United Nations resolutions. So the answer to the question just asked is – there is no difference.

      [...]

      The maps in question are not new or novel. Nor are they historically inaccurate, despite Zionists’ claims to the contrary. They can be seen individually and in different forms on websites of the BBC and Mondoweiss and are published in a number of history books, such as Mark Tessler’s well-received A History of the Israeli-Palestinian Conflict. Perhaps what the Zionists can’t abide is lining up the maps together in chronological order.

      In truth, the objections reported to have been used by those who pressured McGraw-Hill are historically perverse – the sort of grasping at straws that reflects a biased and strained rewriting of history. For instance, an objection was made to the labeling of public land in pre-1948 Palestine as “Palestinian.” Why? Because the Zionist claim is that Palestine before 1948 was a British mandate and so the land was British and not Palestinian.

    • Comrade Michael Rubin Demands the Gulag for Col. Wilkerson

      So Comrade Rubin is demanding a thorough denunciation of Col. Lawrence Wilkerson, former chief-of-staff to Secretary of State Colin Powell (and academic advisor to the Ron Paul Institute). Rubin took to the website of his luxurious neocon Beltway sinecure, the American Enterprise Institute, to call for Wilkerson’s deportation to the gulag for severe ideological deviationism.

    • Turkey plans to make praising violent acts in media a ‘terror crime’

      AKP legal expert says counter-terror laws will be broadened to target those who ‘ideologically support’ terrorist acts, days after Ankara bombing blamed on PKK

    • Critical of Thailand’s censorship, visionary filmmaker Apichatpong Weerasethakul is looking to Latin America

      Thai filmmaker Apichatpong Weerasethakul’s life changed when his dreamlike fantasy Uncle Boonmee Who Can Recall His Past Lives won the top prize at the Cannes Film Festival six years ago.

      As well as establishing him as a distinctive voice in cinema – a visionary who blurs reality and fantasy in semi-experimental films that have a meditative pace influenced by an interest in Buddhism – he became his country’s best-known filmmaker internationally.

    • Internet Censorship: Regulating India’s Internet

      Content regulation on the Internet is at the forefront of discussion in India due to a build up of events over the past 12 months. Last August the Centre for Internet and Society (CIS) requested the Department of Telecommunications to prevent telecommunication providers from allowing their customers to access 857 pornographic websites. This mandate was immediately appealed and subsequently overturned by the Supreme Court. Then, just a few weeks ago the Supreme Court has provided further clarification about how existing ‘decency’ law could apply in an online context, and requested CIS to assess this further. Though the CIS said initial mandate to block porn was focused on child pornography the Supreme Court has sought a much wider review.

  • Privacy

    • The Secrets of Surveillance Capitalism

      Governmental control is nothing compared to what Google is up to. The company is creating a wholly new genus of capitalism, a systemic coherent new logic of accumulation we should call surveillance capitalism. Is there nothing we can do?surveillance capitalism

      [...]

      Google surpassed Apple as the world’s most highly valued company in January for the first time since 2010. (Back then each company was worth less than 200 billion. Now each is valued at well over 500 billion.) While Google’s new lead lasted only a few days, the company’s success has implications for everyone who lives within the reach of the Internet. Why? Because Google is ground zero for a wholly new subspecies of capitalism in which profits derive from the unilateral surveillance and modification of human behavior. This is a new surveillance capitalism that is unimaginable outside the inscrutable high velocity circuits of Google’s digital universe, whose signature feature is the Internet and its successors. While the world is riveted by the showdown between Apple and the FBI, the real truth is that the surveillance capabilities being developed by surveillance capitalists are the envy of every state security agency. What are the secrets of this new capitalism, how do they produce such staggering wealth, and how can we protect ourselves from its invasive power?

    • The Boaty McBoatface Party

      But domestic politics, especially in Westminster, seem to be in a state of chaos. The Conservative Government, in the days after Duncan Smith resigned, is imploding; Labour provides no effective Opposition; and the post-Coalition Liberal Democrats are a discredited irrelevance.

    • Should the government be able to read your encrypted messages?

      As one of the United States’ largest technology companies is battling with the government over access to its cell phones, the federal prosecutor from New Jersey says Apple is seeking to make their products “warrant-proof.”

      On Friday, U.S. Attorney Paul Fishman discussed the ongoing fight between the tech giant and the federal government over access to a device owned by one of the shooters in the San Bernadino, Calif. terror attacks.

    • Expert Says NSA Can Open the San Bernardino Shooter’s iPhone

      Clarke is a former White House official who served as the National Coordinator for Security, Infrastructure Protection, and Counterterrorism for a period during his 30 year career. In an interview on “Morning Edition” with NPR host David Greene, he said that he thinks if the FBI had asked, the National Security Agency could have already opened the encrypted iPhone belonging to San Bernardino shooter Syed Rizwan Farook, Newsweek reports.

    • GCHQ steps in over fear £11bn smart meters being installed in millions of homes may be hacked – leading to gas supplies being cut off
    • Six arrested in firearms raid at home near GCHQ
    • Six arrested near GCHQ in relation to firearms offences and other stories being shared in Cheltenham
    • Police hold six in Cheltenham in relation to firearms offences
  • Civil Rights

    • A confident UK has nothing to fear from free movement of labour

      From an economic point of view, mobility of labour is advantageous in many respects. Allowing workers to move where they are best rewarded is helpful to productive efficiency. It means that, when skill shortages arise, firms can recruit widely and workers can supply labour where their particular abilities are most in demand. British firms benefit, just as do firms in other countries, from being able to recruit from a broader pool for the particular skills needed in their operations. At the same time British workers gain, just as do workers in other countries, from access to a broader pool of possible employers.

    • McConnell: No New Supreme Court Justice Until The NRA Approves Of The Nominee

      Supreme Court justices are nominated by the president and appointed with the advice and consent of the National Rifle Association, according to Senate Majority Leader Mitch McConnell (R-KY).

      McConnell offered this unusual view of the confirmation process during an interview with Fox News Sunday. In response to a question from host Chris Wallace, who asked if Senate Republicans would consider the nomination of Judge Merrick Garland to the Supreme Court after the election if Hillary Clinton prevails, McConnell responded that he “can’t imagine that a Republican majority in the United States Senate would want to confirm, in a lame duck session, a nominee opposed by the National Rifle Association [and] the National Federation of Independent Businesses.”

    • Police In Maryland Routinely Used Tasers When Suspects Posed No Threat To Their Safety

      Police officers in Maryland frequently did not follow safety guidelines when using Tasers, and often discharged the weapon before their safety was actually at risk, according to a six-month investigation by The Baltimore Sun.

      In the first-ever analysis of Taser use in Maryland, the Sun studied three years of Taser incidents in the state. The study found that nearly 60 percent of the people that police hit with Tasers were described as “non compliant and non-threatening.”

    • Many at Guantanamo apparently not ‘too dangerous’ after all
    • Zombie politics: Europe, Turkey and the disposable human

      Before the European debt crisis, the austerity regimes in Ireland, Spain and Portugal and the meltdown of Greece, large parts of the European Union almost felt like the self-ascribed identity discourse of an enlightened, liberal, tolerant polity cognizant of its own dark pasts and its current diversity. Today, we are facing a very different continent. Right-wing populist, neo-fascist and racist parties have moved from the margins into the centre of politics, and so have their ideas.

      Understandable but diffuse anxieties over globalisation, competition over social services and perceived cultural distance to immigrants have solidified into Islamophobic resentment and racialised ideologies of European supremacy.

      Racist populist parties shape political discourses from the most advanced Scandinavian democracies to the illiberal polities of Hungary or Slovakia. Recently, a member of the European Parliament of the neo-fascist Golden Dawn spoke of Turks as “dirty and polluted … wild dogs” in a plenary session. The President, Martin Schulz, immediately understood the strategy behind the diatribe, i.e. to push the boundaries of acceptable discourse in the European Parliament. He expelled the MEP. His deliberate action, however, only reinforces the tragic state of affairs. One has to be courageous and resolute to stand up to an ideology which has been invented in Europe, destroyed much of it and is now being legally represented in one of the centres of European power.

    • Weimar America?

      Forget Trump. It’s the people who paved the way for him who seem uncomfortably familiar to an expert on pre-Nazi Germany.

      [...]

      The lessons to be learned from Weimar Germany are not the ones we hear and read about today. Weimar Germany did not collapse under the weight of its various crises. It was actively destroyed by a conservative elite – noble landowners, high-level state officials, businessmen, army officers – that chose to ally with the Nazi Party. As we watch the Republican establishment’s ineffectual flailings to stop Donald Trump, it’s worth remembering that Weimar Germany’s old-style conservatives never really liked Hitler and the Nazis either. To them, the Nazis were too loud, uncouth, low class. But they admired Hitler’s nationalism, his promise to revive Germany’s great power status, his opposition to democracy, and his anti-communism. And they were either indifferent to or actively supported the Nazis’ anti-Semitism.

      The conservative elite got much more than they had bargained for with their willingness to turn political power over to the Nazis. Some would live to regret their choice, many not until American and British bombs rained down on Hamburg, Berlin and other cities and the Red Army approached the gates.

    • Florida Cuts Ties With Private Prison Company Notorious For Abuse

      For nearly 20 years, a for-profit company called Youth Services International Inc. (YSI) has controlled multiple juvenile facilities in Florida. During that time, YSI workers have been accused of a slew of abuses, from slamming kids’ heads into walls to underfeeding them.

      On Wednesday, the Florida Department of Juvenile Justice (DJJ) announced the company is finally getting the boot. According to a DJJ press release, the state will terminate all services and transfer to new providers by August 31, 2016.

    • North Korea sentences US college student to 15 years’ hard labour

      North Korea last year sentenced Canadian pastor Hyeon Soo Lim to life imprisonment with hard labour on sedition charges.

    • Trump Protesters Shut Down Arizona Highway

      Anti-Donald Trump protesters blocked a major highway outside of Phoenix, Arizona Saturday, delaying Trump supporters who were driving to a rally for the presidential hopeful in the state capital.

    • Duncan Smith and the Disabled

      I am prepared to believe that even Iain Duncan Smith has been genuinely sickened by the attack on the disabled in the budget to give yet more tax breaks for higher earners. He is very typical of the officer class of the senior British regiments and while he is instinctively right wing, there is a linit to the amount of suffering he could see unleashed on the poor, because he does have some sense of basic decency. I grant you things had to go very far before it finally took effect, but it has. It should also be remembered that he is not an old Etonian but a real Scot, born in Edinburgh, and state educated.

    • Tennis CEO Makes Waves With Sexist Remarks, Says Women’s Tennis Rides ‘On The Coattails Of The Men’

      Sunday at Indian Wells should have been a day of healing and celebration. Not only were both world’s top-ranked players in action in the men’s and women’s singles finals at the BNP Paribas Open, but for the first time since the racist incident in 2001, both Williams sisters were on hand for the final — Serena on the court, Venus in the stands cheering her on.

      Instead, their return was darkened by a reminder of the ugly sexism that still exists in the sport.

      In a morning meeting with the media, Raymond Moore, the CEO of Indian Wells Tennis Garden, was asked about whether his plans to make the men’s event more prestigious extended to the women’s tournament as well. He clearly found the question amusing.

  • Intellectual Monopolies

    • Copyrights

      • CJEU takes moral high ground in copyright row

        Parties asserting copyright claims can also seek compensation for “moral prejudice” suffered from the infringement, the Court of Justice of the European Union (CJEU) has ruled.

        Writer and director Christian Liffers was seeking damages for copyright infringement and moral prejudice suffered when a Spanish broadcaster aired clips from his 2006 documentary “Dos Patrias Cuba y la Noche” (“Two Homelands: Cuba and the Night”).

        The documentary focuses on six stories of homosexual and transsexual inhabitants of Cuba.

        Mandarina, an audiovisual company, produced a documentary on child prostitution in Cuba containing unauthorised clips from Liffers’ film. The documentary aired on Spanish television channel Telecinco, which is owned by broadcaster Mediaset.

03.20.16

The ‘Results’ That Battistelli and His EPO Bunch Brag About Not Believed by Patent Lawyers and Patent Examiners

Posted in Europe, Patents at 3:24 pm by Dr. Roy Schestowitz

Lance Armstrong
Improved performance the Lance Armstrong way? EPO?

Summary: The European Patent Office claims growth, quality and so on, but people who are working close to the system or inside the system are not believing it

THE European Patent Office (EPO) forms an alternate version of reality. It lies to the world, it misleads journalists, it talks nonsense (like so-called ‘results’ [1, 2]) to the Council (which is already growingly suspicious of these 'results'), and it even lies to its own staff.

Meldrew, a patent lawyer who comments a lot in IP Kat, wrote a rebuttal to these ‘results’ a year ago. To quote portions of his rebuttal:

[...] application numbers reflect not only the innovation within Europe

[...]

As a final point it is worth noting that the term “patent filings” used in previous press releases is now thoroughly discredited as a useful measurement of anything. Combining European applications made and PCT applications made has little relevance to demand for European patents, as is indicated by the ever declining proportion of PCT applications that enter the European regional phase [a further indication that Europe has to come to grips with its place in the world].

[...]

In an effort to improve transparency the EPO will henceforth cease using the misleading “patent filings” metric and instead will quote numbers that mean something.

Speaking to some attorneys (other than Meldrew and Joeri Beetz who is cited above), it seems clear that a lot of them know that the EPO isn’t frank about its so-called ‘results’, to say the least. “I don’t believe them either,” told us one of them. “Nor do any of the EPO examiners. It’s Battistelli bullshit. The figures are basically more or less static.”

To quote further:

What’s worse than turd-polishing the productivity figures is the EPO’s indifference to (or possibly lack of understanding of) the quality of the EPO’s output. EPO search and examination reports still look good superficially, but the analysis in them is just getting shallower and shallower. As a patent attorney, you can’t simply believe what the examiner writes any more – you have to check everything in detail, and it’s surprising how often they are wrong these days. That’s when the examiner bothers to give any analysis at all, of course – it’s more and more common for them simply to state that something is just standard knowledge for the skilled person, without giving any evidence or reasoning. This is all good for patent attorneys, because it makes more work for us, but the effect for the client is that they either have to pay much higher total costs or accept narrower patent protection. Both of these options represent a large increase in business costs for the client – all for a marginal gain in EPO “productivity”.

Another bugbear of mine is the indifference to the practical needs of applicants. Nearly all major patent organisations have now made efforts to embrace the possibilities of modern technology and commerce. They accept online payments, they accept communications by email, they issue automated email alerts if a deadline is imminent. If you call them, they put you through to a human being who can answer your question immediately and intelligently. The EPO has done nothing to address these issues. You still can’t pay fees online, the EPO will not provide priority documents electronically, they don’t do anything official by email, if you call them, someone will call you back in a day or two. Espacenet has been neglected, with virtually zero improvement for a decade, to the point where Google Advanced Patents is now a superior searching and reference tool. Battistelli has been so focused on internal matters and “productivity”, with his bizarre nineteenth century vision of industrial relations, that the EPO is slipping further and further behind the competition. The EPO even closes down entirely between Christmas and New Year, unlike most other patent offices in the civilised world. That’s not for the applicants’ benefit – that’s pure administrative cost saving, and to hell with public service. It’s worth noting that the French patent office, INPI, also only started making significant advances in customer-friendly online services once Battistelli had stepped down as director general. The sooner he stops messing about with the EPO’s internal organs and starts focusing on the needs of applicants, the better.

We heard similar stories from an inventor in the UK. Satisfaction with the EPO’s services seems to be low, but the EPO cites its friends at IAM to claim otherwise. We have some articles about that on their way (shelved for now).

EFF Wants to Tackle the Patent Litigation Mess But Still Stops Short of Abolishing (or Working to Abolish) Software Patents

Posted in America, EFF, Patents at 2:37 pm by Dr. Roy Schestowitz

The Patent Busting project/initiative/campaign, which abolished one patent at the time nearly a decade ago, a long-forgotten strategy

Patent troll
Image credit: Electronic Frontier Foundation (EFF)

Summary: Patent trolls are still the subject of criticism from the Electronic Frontier Foundation, even though some major companies such as Apple and Microsoft (even those that pay the EFF) are a big part of the problem with patents, and software patents in particular

YESTERDAY we published this article which covered jurisdiction reform as a path to mitigation/cessation of patent trolls, who habitually use software patents (still granted by the USPTO where there is no effective quality control) as a weapon in the Eastern District of Texas. The USPTO doesn’t seem to mind over-litigation as it helps drive demand at the patent office*.

The EFF has just published this recommendation (authored by Elliot Harmon) of the VENUE Act, which uses jurisdiction as a factor by which to throttle/impede trolls. Here is what the EFF wrote:

There’s a new bill in Congress that would finally address the egregious forum shopping that dominates patent litigation. The Venue Equity and Non-Uniformity Elimination Act of 2016 (VENUE Act, S. 2733) would bring a modicum of fairness to a broken patent system.

Forum shopping is a phenomenon that can appear when plaintiffs get a lot of latitude over which federal district to file a case in. Some plaintiffs make their choice based not on what federal district has the strongest connection to the dispute, but rather on which court they believe they have the best chance of winning in. A canny plaintiff will exploit differences between courts in her favor—differences in how they enforce certain rules, for example, or in their track records with a type of case. As anyone knows who’s been following the patent reform debate for very long, forum shopping runs rampant in patent cases.

The EFF correctly points out that this would not solve the problem but only slow it down a bit. What the EFF really needs to do is campaign against software patents — something which clearly it hasn’t been sufficiently interested in (we wrote a lot about this before, either praising or criticising the EFF’s approach/strategy). Justin Blows, a patent lawyer who likes software patents, writes that “Google has been awarded US patent 9,280,534 titled “Generating social glossary”. Broadly speaking, the invention is about scanning social media for new expressions and storing them in a glossary.”

This is similar to a Facebook patent which we recently covered here. Why are such software patents being granted in the first place? A clue might be in the footnote below.
_____
* “A PTO official said to me after my talk that trying to think about IPR with an overlay of prosecution will do nothing but harm,” wrote patent maximalists the other day. “He’s right,” they added. It sure seems like the wolf has been put in charge or the sheep of the wolf is guarding the hen now. They want more patents and more prosecution which drives demand for patents (elevating perceived value of patents).

Microsoft Hijacks the AIX Trademark (an Old Tradition) and Openwashes Proprietary Minecraft

Posted in Deception, Free/Libre Software, IBM, Microsoft at 12:05 pm by Dr. Roy Schestowitz

Summary: Microsoft started the week (last Monday) with openwashing of the proprietary Minecraft and misuse of the AIX brand; journalists played along

ALMOST exactly one week ago (on Monday) Microsoft did something rather horrible, but were we too busy to write about that, as it wasn’t so urgent to respond to (coinciding with EPO milestones and an Administrative Council meeting).

“That’s just the same old Microsoft.”Belatedly, we now wish to respond to a pattern of misleading coverage by corporate media. A lot of it started with an article from IDG (several of its many sites, e.g. [1]). IDG apparently does not know what Open Source means and it even uses a dash in it, as in “open-source”. Microsoft money well spent on IDC ‘studies’ (IDG owns IDC)? It this just shoddy journalism or intentional deception? Well, soon thereafter the Microsoft UK-dominated BBC also issued some puff piece about it [2]. Why are journalists who don’t really know what “Open Source” is covering such things? At the direction of Microsoft perhaps? Are they simply being fooled by Microsoft? Also, why has “The Official Microsoft Blog – Microsoft” entered Google News [3] as though it is a news source? What’s next? The EPO’s own ‘news’ section already gets treated as news at Google News, even though this section — along with the Official Microsoft Blog — are not news sites; these are sources of deception and PR. It is ‘news’ about oneself. This is what the stories appear to have been based on. It is utterly disgusting to see journalists falling for it. Microsoft has many moves and strategies against GNU/Linux at the moment, but corporate media does absolutely nothing to highlight these. As can be seen in [4-11] (a partial list), some silly PR stunt about Minecraft got a lot more coverage than any of the recent attacks on Linux (combined). Only a few blogs cover the attacks, none of which in the corporate/mainstream media.

A noteworthy thing here is that Microsoft labeled its latest openwashing campaign “AIX”. This is Microsoft hijacking names/brands of competitors again. It couldn’t have done this by accident. Calling it “open source” in media even when Minecraft is proprietary?! And when AIX is quite clearly an operating system of another company? This is googlebombing and it’s bound to confuse a lot of people, probably by intention. How long before Microsoft releases some tiny component of its proprietary stuff as “open” and calls it “GNU”, then bombards the media with puff pieces about it?

With headlines such as “Microsoft to open up Minecraft world for AI developers through open-source AIX program” what will be the fate of the real AIX, which has existed for a very long time? How about the headline “Microsoft Project AIX is an open source Minecraft-based artificial intelligence solution”? Or Slashdot with “Microsoft to Open Source Minecraft-Based Project AIX”? “Microsoft Open Sources its AI Development Platform” says the headline from a Microsoft apologist. That seems like very old news, re-announced. A week ago, on Monday morning, I found no less than a dozen Microsoft openwashing pieces (see some of them at the bottom). There must have been many more since. What happened to journalism and why is this openwashing campaign not subjected to any proper fact-checking? Increasingly, over the years, we have come to the conclusion that “fixing” or correcting the corporate media is an exercise in futility. Making alternatives works better. For those who believe that Microsoft is now an “Open Source” company we can only deliver criticism and insults, but we are not trying to gag them. “Balanced” is often a byword for “conforming to widely-held beliefs”. Microsoft is trying to make it a widely-held belief that it’s ethical and “Open Source”. It’s a massive lie. An old Microsoft modus operandi should be worth noting here, as the company habitually hijacks names of the competition (many examples have been covered here over the years). AIX in this case is the latest of many and it’s not going to be the last.

MinceR jokingly wrote, “IBM sold AIX already?”

No, but Microsoft did a hostile takeover of the acronym, regardless of IBM’s need for consent. That’s just the same old Microsoft.

Related/contextual items from the news:

  1. Microsoft to open-source AI development platform based on Minecraft
  2. Minecraft to run artificial intelligence experiments
  3. Project AIX: Using Minecraft to build more intelligent technology
  4. Microsoft is using Minecraft to train AI and soon, you can too
  5. Minecraft to allow devs to test in-game AI
  6. Microsoft to make Minecraft an advanced AI playground
  7. How Minecraft is helping to shape the future of AI
  8. The world of Minecraft is now used for artificial intelligence innovation
  9. Minecraft Is Now a Playground for AI Experiments
  10. Minecraft will be used as a place to test artificial intelligence
  11. Microsoft’s Project AIX uses Minecraft for AI research

Latest Vista 10 Scandal Makes Microsoft Indistinguishable From Criminal Malware Makers

Posted in Microsoft, Vista 10, Windows at 11:11 am by Dr. Roy Schestowitz

Extreme action without permission: Microsoft’s only excuse for this goes along the lines of, “it’s not rape if she enjoyed it”

Hammer and eggSummary: In an effort to commandeer the world’s entire PC population Microsoft is simply hijacking PCs that (still) run Windows and forces Vista 10 onto them, installing keyloggers, ads, and sometimes breaking these PCs in the process

A lot of stuff is happening at the Microsoft camp right now, e.g. major new departures, patent shakedowns causing blowback, openwashing (more on that later), moles (also to be covered separately), and forced Vista 10 ‘upgrades’. We weren’t able to cover this until the weekend because it was a very historic/critical week at the EPO.

Several days ago the article “Microsoft upgraded users to Windows 10 without their OK” was published at IDG. It was one of many before it and we are going to assume readers already know the story (it also appeared in British media). The article by Woody Leonhard is noteworthy because it once again demonstrates that even Microsoft proponents — people who write entire books for/about Microsoft — are upset. To put it succinctly: “More worrying, however, is the fact that today’s statement fails to engage with the hundreds of users who claim that their update has started automatically and is a problem.”

“As we showed 9 years ago, Novell was removing pages that disparage Windows or Microsoft from its Web site (right after it had signed the patent deal).”Well, how long before class action?

“Canonical and Red Hat sure are quiet about this opportunity,” iophk told us about such GNU/Linux firms that are suspiciously saying nothing regarding Vista 10, even though or especially when it’s abusing people. Are they competing for Microsoft’s “love” now, in the same way Novell did a decade (or less) ago? As we showed 9 years ago, Novell was removing pages that disparage Windows or Microsoft from its Web site (right after it had signed the patent deal).

One article worth highlighting comes from The Register and the title of the article is “How Microsoft copied malware techniques to make Get Windows 10 the world’s PC pest” (well, technically, in many ways, it is malware, as this GNU page explains).

Microsoft uses techniques similar to aggressive malware to promote its “Get Windows 10” offer.

As many readers have discovered, the persistent and constantly changing methods Microsoft uses to continually reintroduce its “Get Windows 10” tool, or GWX, onto computers means it’s extremely difficult to avoid.

Windows users who decline to use it find it is repeatedly reintroduced. The language of the counter-malware industry is more appropriate than the language of enterprise IT for GWX.

Going further back, touching a topic that we didn’t cover throughly enough, there is also the issue with ads being pushed as part of Windows Update, which is no longer just a security or stability mechanism. People are rapidly losing control of the computers they are buying. Microsoft takes control of more and more components, including the boot sequence. How much more are Windows users willing to tolerate before they put an end to it? The aforementioned issue of forced ‘upgrades’ is not entirely new, it just gets more severe over time and we have been hearing reports about this latest escalation for quite a while (about two weeks now). See this article about Microsoft sabotage:

My PC Upgraded To Windows 10 Without Asking, Then Immediately Broke

[...]

It was not seamless. Disaster struck almost immediately, as I logged into my account and was promptly told I couldn’t access any of my files. I’d only spent a few minutes with Windows 10, and already I’d been lied to.

“You’ve been signed in with a temporary profile,” read an error message.

What? I rebooted the computer, thinking it was an errant glitch. No dice. I logged out of my account, thinking it was a simple hiccup. Again, no dice.

For all I knew, Windows 10 had deleted everything on my hard drive.

What kind of person is going to tolerate this? Does it take Stockholm syndrome to continue using Windows?

“People are rapidly losing control of the computers they are buying.”It is quite revealing that Microsoft is having a crisis, so it reduced the price of Windows and now shoves ads into it, shoves the whole lot into people’s PCs (because Microsoft insists that it knows what’s better for everyone), and not many people even bother buying a new PC, as it typically comes with Vista 10 on it (they don’t want malware). As this report put it the other day: “Very few if any ever thought Windows 10 would truly reinvigorate the PC industry, and they were right – IDC has pulled down forecasts on traditional device sales for 2016.” The headline says, “Hey Windows 10, weren’t you supposed to help PC sales?” Well, only if one was to believe IDC, which has a long tradition of lying for Microsoft whilst on Microsoft’s payroll.

Suffice to say, Microsoft sends out its boosters, whom it pays, to do the damage control. The Microsoft Ad Bot (Ed Bott) spreads new FUD against Vista 7 in order to help Microsoft spread Vista 10 and in order to help defend the aggressive, malware-like strategies.

“What kind of person is going to tolerate this? Does it take Stockholm syndrome to continue using Windows?”People who are fed up with above-the-law thugs tinkering with their PCs without their consent (the Federal Government sure isn’t doing anything to prevent Microsoft from doing this) should explore how to install GNU/Linux on their PCs and do this as soon as possible, before Microsoft simply hijacks their PCs and does whatever suits Microsoft best.

Microsoft’s Patent Shakedown on ‘The Tek’

Posted in GNU/Linux, Microsoft, Patents, Videos at 8:17 am by Dr. Roy Schestowitz

Summary: Microsoft’s patent extortion against Linux explained in a show from one week ago

SPEAKING of Microsoft "love" and promising exits, as explained either today or in the past week (Microsoft only “loves” Linux by making it Microsoft’s cash cow with software patents and the exits do not constitute a change in strategy), here is a video from 7 days ago. We clipped/cropped the relevant bit (less than a quarter of the whole; the full video can be found here). [via]


An older reminder of how Microsoft does extortion and racketeering with software patents in China can be found here.

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