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09.21.16

Links 21/9/2016: Lenovo Helps Microsoft Block GNU/Linux Installations

Posted in News Roundup at 5:03 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

  • Desktop

    • Beware: Windows 10 Signature Edition Blocks Installing Linux

      Microsoft opening the source code of a lot of its projects in the last months convinced some people that the company – under its new management – is now good, and that it “loves Linux”, however, this assumption came to be wrong today with the latest monopoly try from Microsoft.

      In a TL;DR format: Some new laptops that ship with Windows 10 Signature Edition don’t allow you to install Linux (or any operating system) on it; the BIOS is locked and the hard drives are hidden in a way you can’t install any OS. Those news are not some rumors from the Internet, Lenovo for example confirmed that they have singed an agreement with Microsoft for this.

    • Best Linux Desktop for Customization

      Is customizing your Linux desktop important to you? Run Linux for even a few months, and the ability to customize a desktop environment according to your preferences can become a right.

      Customization options start with the fact that more than one Linux desktop is available, and many of these desktop environments allow some customization of the desktop and panel. However, others include options for almost everything you can see or use.

  • Server

    • How blockchain will grow beyond bitcoin

      Since its advent in 2009, bitcoin’s decentralized, broker-less and secure mechanism to send money across the world has steadily risen in popularity and adoption. Of equal — if not greater — importance is the blockchain, the technology that supports the cryptocurrency, the distributed ledger which enables trustless, peer-to-peer exchange of data.

    • The end of Moore’s Law and the expansion of Linux; what do these mean to IBM?

      As many organizations are finding out, open-source computing is a game-changer. Many businesses now rely on open-source tools to lower costs, increase flexibility and freedom, and enhance security and accountability.

      Stefanie Chiras, VP of IBM Power Systems Offering Management, Systems of Engagement, at IBM, joined Stu Miniman (@stu) and Dave Vellante (@dvellante), cohosts of theCUBE, from the SiliconANGLE Media team, during IBM Edge, held at the MGM Grand in Las Vegas, NV, to discuss the changing landscape around open source, the end of Moore’s Law, and how the cloud drives innovation for clients.

    • Cloud Foundry launches its new Docker-compatible container management system

      Cloud Foundry, the Pivotal- and VMware-incubated open source platform-as-a-service project, is going all in on its new Diego container management system. For a while now, the project used what it called Droplet Execution Agents (DEA) to manage application containers. After running in parallel for a while, though, the team has now decided to go all in on its new so-called “Diego” architecture. Thanks to this, Cloud Foundry says it can now scale to running up to 250,000 containers in a single cluster.

  • Kernel Space

  • Applications

  • Desktop Environments/WMs

    • K Desktop Environment/KDE SC/Qt

      • KDevelop 5.0.1 Open-Source IDE Brings Multiple Bug Fixes, General Improvements

        The development team behind the open-source KDevelop IDE (Integrated Development Environment) software announced the release and immediate availability of the first maintenance update to the KDevelop 5.0 stable series.

        KDevelop 5.0 was released just a month ago, and it brought lots of goodies, the biggest one being the port to the latest KDE Frameworks 5 and Qt 5 technologies. Other features include improved C/C++ support, CMake support, and QML/JavaScript support.

    • GNOME Desktop/GTK

      • Parsix Normalizes GNOME

        The Parsix project’s goal is to provide a ready-to-use and easy-to-install Debian operating system with the latest stable release of the GNOME desktop environment. The Parsix distro meets that goal and even goes beyond it.

        The developer community is far more independent than other Debian testing-based derivatives. The Parsix community keeps four software repositories enabled by default. Official repositories contain packages maintained by project developers that are built on the community’s own build servers.

        Content repository is a snapshot of Debian’s stable branch. Wonderland repository contains multimedia-related software packages and is a snapshot of Debian multimedia repositories.

        Even better is the fact that the community maintains its own security software repository for both the stable and testing branches. Parsix Developers closely follow Debian Security Advisories and port them to the distro’s own security repository.

      • MATE 1.16 Ready For Release, More GTK2 GNOME-Forked Code Ported To GTK3

        The various components of the GNOME2 desktop forked MATE code were checked in as version 1.16 today in preparation for announcing this next release.

        MATE 1.16 is being released in time to hopefully make it in Ubuntu 16.10 and Fedora 25, which are among the goals for this release. During MATE 1.16 development that began following MATE 1.14 in April, there’s been more porting of GTK+ 2 code to GTK+ 3.

      • A Look At The Exciting Features/Improvements Of GNOME 3.22

        If all goes well, GNOME 3.22 will be officially released tomorrow, 21 September. Here is a recap of some of the new features and improvements made over this past six month development cycle plus some screenshots of the near-final desktop that will power the upcoming Fedora 25 Workstation.

  • Distributions

    • New Releases

      • IPFire 2.19 – Core Update 104 released

        This is the official release announcement for IPFire 2.19 – Core Update 104.
        This update brings you a new kernel under the hood and a from scratch rewritten Guardian.

      • IPFire 2.19 Linux Firewall Gets New Intrusion Prevention System, Kernel 3.14.79

        Today, September 20, 2016, IPFire’s Michael Tremer announced the release of yet another Core Update to the IPFire 2.19 stable Linux-based firewall distribution and system.

        IPFire 2.19 Core Update 104 appears to be a big release with many interesting changes, starting with the latest version of Linux 3.14 kernel, build 3.14.79, and continuing with a brand new Intrusion Prevention System (IPS) called Guardian, and all the latest software updates and security patches. But first, we should warn you that the Linux kernel 3.14 series reached end of life last week, and users are urged to move to Linux 4.4 LTS.

    • OpenSUSE/SUSE

      • SUSE Linux Enterprise 12 Now Includes GCC 6.2, GNU Binutils 2.26.1 & GDB 7.11.1

        SUSE’s Andreas Jaeger reports on the availability of an updated toolchain for the SUSE Linux Enterprise 12 operating system, bringing the latest tools designed for application development.

        The updated toolchain included in SUSE Linux Enterprise 12 comes with some of the latest and most advanced development utilities, such as GCC (GNU Compiler Collection) 6.2, GDB (GNU Debugger) 7.11.1, and GNU Binutils 2.26.1, thus enabling app developers to use the newest technologies when creating their amazing projects.

    • Slackware Family

      • Slackware-Based Absolute 14.2 Linux OS Arrives with Up-to-Date Components

        Absolute Linux developer Paul Sherman announced the release of version 14.2 of his Slackware-based GNU/Linux operating system for personal computers and laptops.

        Based on Slackware 14.2, Absolute 14.2 comes, as expected, with many updated components, most of them borrowed from upstream. But it looks like there are some newly implemented things as well, such as an “Autoinstall” option in the installers to allow automatic installation of the OS on a user-selected partition or disk drive.

    • Red Hat Family

    • Debian Family

      • Reproducible Builds: week 73 in Stretch cycle

        Ximin Luo started a new series of tools called (for now) debrepatch, to make it easier to automate checks that our old patches to Debian packages still apply to newer versions of those packages, and still make these reproducible.

      • Derivatives

        • Tails 2.6 Anonymous Linux Live CD Is Out, Brings Tor 0.2.8.7 & Tor Browser 6.0.5

          Just a few moment ago, the Tails development team proudly announced the official and general availability of the Tails 2.6 anonymous Live CD Linux operating system based on the latest Debian technologies.

          Earlier this month, we reported on the availability of the first development version of Tails 2.6, the RC1 build, which also appeared to be the only one, and now, nearly three weeks later, we can get our hands on the final release, which brings many updated components and several new features.

          According to the release notes, the biggest new features in Tails 2.6 are the enablement of the kASLR (kernel address space layout randomization) in the Linux kernel packages that ship with the popular amnesic incognito live system, protecting users from buffer overflow attacks.

        • Linux Top 3: Tails 2.6, Android-x86 6.0 and Deepin 15.3
        • Debian-Based Q4OS 2.2.1 “Scorpion” Linux OS Ships with LXQt Alongside Trinity

          Today, September 20, 2016, the Q4OS development team informs Softpedia about the immediate availability of an updated version of their work-in-progress Q4OS 2.0 “Scorpion” GNU/Linux operating system.

          Q4OS 2.2.1 is out now, and it comes as a drop-in replacement for the previous development release, namely Q4OS 2.1.1, bringing all sort of updated components and new technologies based, of course, on the upstream Debian Testing repositories. These include Linux kernel 4.6, Trinity Desktop Environment (TDE) 14.0.4, and GCC 6.

        • Canonical/Ubuntu

          • Ubuntu Touch OTA-13 Officially Released for All Ubuntu Phones and Tablets

            We reported yesterday on the upcoming availability of the Ubuntu Touch OTA-13 software update for Ubuntu Phone and Ubuntu Tablet devices, and it looks like Canonical finally started the phased update earlier today.

            Canonical’s Lukasz Zemczak informs us that the main OTA-13 images have been successfully copied from the rc-proposed channel to the stable one for users to update but, as expected, it’s phased during the next 24 hours, so not everyone will get it at the same time.

          • Ubuntu tees up OpenStack on IBM’s iron

            Canonical’s OpenStack spin has landed on IBM’s Power hardware as part of zSystems’ Linux stack.

            The Ubuntu shop’s cloud has been released for IBM’s zSeries IBM LinuxOne and on IBM Power Systems.

            Canonical’s cloud will run on IBM’s planned LC servers, announced in April. The servers run OpenPOWER – from the group building customised POWER CPUs.

          • Get your own $80 private cloud server kit with Nextcloud Box!

            Nextcloud, an open source, self-hosted file sync and share and communication app platform, has teamed up with Canonical and WDLabs to release a Raspberry Pi and Ubuntu Linux powered cloud server called Nextcloud Box for homes and offices.

            According to the company, the Nextcloud Box is a secure, private, self-hosted cloud and Internet of Things (IoT) platform. It makes hosting a personal cloud simple and cost effective whilst maintaining a secure private environment that can be expanded with additional features via apps.

            “It has been a great co-operation with amazingly agile teams at Canonical and WDLabs,” said Frank Karlitschek, Founder and Managing Director, Nextcloud.

          • Simple Weather Indicator for Ubuntu Now Has Its Own PPA

            A new version of the ‘no frills’ weather indicator that I use on my Ubuntu desktop is available to download — and it finally has a PPA.

  • Devices/Embedded

Free Software/Open Source

  • 21 Open Source Projects for IoT

    The Internet of Things market is fragmented, amorphous, and continually changing, and its very nature requires more than the usual attention to interoperability. It’s not surprising then, that open source has done quite well here — customers are hesitant to bet their IoT future on a proprietary platform that may fade or become difficult to customize and interconnect.

    In this second entry in a four-part series about open source IoT, I have compiled a guide to major open source software projects, focusing on open source tech for home and industrial automation. I am omitting more vertical projects related to IoT, such as Automotive Grade Linux and Dronecode, and I’m also skipping open source, IoT-oriented OS distributions, such as Brillo, Contiki, Mbed, OpenWrt, Ostro, Riot, Ubuntu Snappy Core, UCLinux, and Zephyr. Next week, I’ll cover hardware projects — from smart home hubs to IoT-focused hacker boards — and in the final part of the series, I’ll look at distros and the future of IoT.

  • Samsung open sources its HbbTV media player

    Samsung’s Hybrid boradcast broadband TV (HbbTV) media player has now taken the open source path which the company announced in a press release earlier today. The project is available on GitHub as HbbPlayer and app developers as well as broadcasters can utilize it to test their services on any HbbTV 1.5 compliant TV which most of Samsung’s smart TVs are.

  • Secure messaging environment delivers safe online collaboration
  • Riot Launches Introducing Open Source Encrypted Collaboration for Business
  • Riot looks to launch a chat revolution with open platform
  • Riot is trying to knock down the walled gardens of the messaging space
  • Building businesses out of open-source solutions

    The open-source movement is taking over business software. There are benefits; open source is usually less expensive, it’s easy to add on functionality and there’s a community to draw on. The trick, though, is making a business out of open-source solutions. One such business is Rackspace, Inc., a managed cloud computing company.

    To gain some insight into how open-source business works, Dave Vellante (@dvellante) and Stu Miniman (@stu), cohosts of theCUBE, from the SiliconANGLE Media team, visited the IBM Edge 2016 conference in Las Vegas. There, they sat down with Major Hayden, principal architect at Rackspace, Inc.

  • Abigail Cabunoc Mayes: How to Bring Open Source to a Closed Community

    Abigail Cabunoc Mayes, who works for the Mozilla Foundation as the lead developer for open source engagement, recently gave a lively talk explaining open source inclusion practices. View this engaging video here.

  • Coreboot Is Being Ported To A New Intel Skylake-Y System

    Those wishing to use Coreboot on a modern Intel system (albeit with the closed-source FSP) will soon have another option to consider with an open-source, physically secure computer powered by a Skylake-Y SoC moving ahead with a port to Coreboot.

  • Web Browsers

    • Mozilla

      • Firefox 49 Released, This Is What’s New

        Mozilla has released Firefox 49 for Windows, Mac and Linux. The latest update to the popular open-source web browser introduces a range of (always) welcome improvements. Among them, Firefox 49 ships with native support for the Widevine CDM on Linux. This enables you to watch Netflix (and other DRM-protected HTML5 video content) without any cumbersome workarounds.

      • Latest Firefox Expands Multi-Process Support and Delivers New Features for Desktop and Android

        With the change of the season, we’ve worked hard to release a new version of Firefox that delivers the best possible experience across desktop and Android.

      • Mozilla shortlists four designs in open-source rebrand project

        Four designs have been shortlisted in the search to find a new brand identity for software company Mozilla.

        Mozilla is best known for its web browser Firefox, though its latest rebrand project is an attempt at dispelling the myth that this is the only thing the company does.

        It is working with design consultancy Johnson Banks on its open-source rebrand project, which has seen it seeking feedback from the Mozilla community and general public through the comments section on the Mozilla blog, social media and live events over the last few months.

        Involving the community in its rebrand aims to show the company’s “transparent” and “open” philosophy, Mozilla says. However, the company has made it clear that this is not a crowd-sourcing project, which would involve public voting, but instead a way of harbouring thoughts and opinions.

  • SaaS/Back End

  • Databases

    • CouchDB 2.0

      The Apache CouchDB development community is proud to announce the immediate availability of version 2.0.

    • Apache CouchDB 2.0 Released

      For users of Apache’s CouchDB document-oriented NoSQL database system, version 2.0 was announced today.

    • Apache Announces Availablity of CouchDB 2.0 Database

      Over the past several months, we’ve taken note of the many open source projects that the Apache Software Foundation has been elevating to Top-Level Status. The organization incubates more than 350 open source projects and initiatives, and has squarely turned its focus to data-centric and developer-focused tools in recent months. As Apache moves these projects to Top-Level Status, they gain valuable community support.

  • FSF/FSFE/GNU/SFLC

    • GNU Chess 6.2.3

      GNU Chess is a chess-playing program. It can be used to play chess against the computer on a terminal or, more commonly, as a chess engine for graphical chess frontends.

  • Openness/Sharing/Collaboration

    • The Coral Project launches open-source ‘Ask’ form builder

      New open-source software designed to allow newsrooms to crowdsource information from readers was made available to publishers on request today (19 September) by The Coral Project.

      Ask is the second in a trio of products from The Coral Project, a collaboration between The Washington Post, The New York Times, and the Mozilla Foundation.

      Greg Barber, director of digital news projects at the Post, and strategy and partnerships at The Coral Project, likened Ask to an enhanced version of Google Forms which allows journalists to request information from readers, such as opinions, personal anecdotes, or suggestions on topics to cover.

  • Programming/Development

    • GitHub 101: A Beginners Guide For Contributing To GitHub Open Source Software Projects

      Since launching in 2009, GitHub has become the biggest Git repository hosting service in the world and is used by millions of individuals and businesses to manage software projects. It has also become a playground for open-source software projects that often involve a large number of contributors. When there are a lot of cooks in the kitchen, it can become chaotic and scare off beginners. If you are a software developer that’s ready to enter the GitHub fray, we have some advice on what to do — and what not to do — when you’re contributing to a project in a Git repository.

      As of April 2016, GitHub has over 14 million users and 35 million repositories. Many of the projects hosted on GitHub are open source. The nature of the service allows for large groups of people from all corners of the world to collaborate and improve the code in these projects. But the nature of group work, especially when individuals come from diverse backgrounds, means maintaining and participating in a project can become problematic. Which is one reason why GitHub brought in a feature that allows project owners of public repositories to block troublesome users.

      It can be intimidating to start contributing to an open source project and it can be a bit of a learning curve for newbies. First off, let’s talk about taking the plunge. To do this, you’ll need to create a GitHub account. We have a guide on how to do this here.

      Once you’ve done that, it’s best to start off on a project that is beginner-friendly.

Leftovers

  • Health/Nutrition

    • ‘Superbug’ scourge spreads as U.S. fails to track rising human toll

      Fifteen years after the U.S. declared drug-resistant infections to be a grave threat, the crisis is only worsening, a Reuters investigation finds, as government agencies remain unwilling or unable to impose reporting requirements on a healthcare industry that often hides the problem.

    • The Hidden Toll of Drug-Resistant Superbugs

      Just 17 days old, Josiah Cooper-Pope died in the hospital after he was infected with a drug-resistant bacteria, but no one added his death to the toll from the deadly bug.

      As Reuters reported earlier this month, hospital officials told Josiah’s mom about the infection, but not that her son was the fourth patient out of 12 who would eventually become infected during an outbreak. The hospital also didn’t notify public health officials as the law required. And the final record, Josiah’s death certificate, did not report the superbug as a cause of death. As the story said, it’s as if the killer got away.

  • Security

    • Security updates for Tuesday
    • Aid Security Incident Statistics: 18-month trends based on open source reported events affectng aid infrastructure (December 2014 to May 2016)
    • Easy Secure Web Serving with OpenBSD’s acme-client and Let’s Encrypt

      s recently as just a few years ago, I hosted my personal website, VPN, and personal email on a computer running OpenBSD in my basement. I respected OpenBSD for providing a well-engineered, no-nonsense, and secure operating system. But when I finally packed up that basement computer, I moved my website to an inexpensive cloud server running Linux instead.

      Linux was serviceable, but I really missed having an OpenBSD server. Then I received an email last week announcing that the StartSSL certificate I had been using was about to expire and realized I was facing a tedious manual certificate replacement process. I decided that I would finally move back to OpenBSD, running in the cloud on Vultr, and try the recently-imported acme-client (formerly “letskencrypt”) to get my HTTPS certificate from the free, automated certificate authority Let’s Encrypt.

    • iPhone passcode bypassed with NAND mirroring attack

      Passcodes on iPhones can be hacked using store-bought electronic components worth less than $100 (£77), according to one Cambridge computer scientist.

      Sergei Skorobogatov has demonstrated that NAND mirroring—the technique dismissed by James Comey, the director of the FBI, as unworkable—is actually a viable means of bypassing passcode entry limits on an Apple iPhone 5C. What’s more, the technique, which involves soldering off the phone’s flash memory chip, can be used on any model of iPhone up to the iPhone 6 Plus, which use the same type of LGA60 NAND chip. Later models, however, will require “more sophisticated equipment and FPGA test boards.”

      In a paper he wrote on the subject, Skorobogatov, a Russian senior research associate at the Cambridge Computer Laboratory’s security group, confirmed that “any attacker with sufficient technical skills could repeat the experiment,” and while the technique he used is quite fiddly, it should not present too much of an obstacle for a well-resourced branch of law enforcement.

      The attack works by cloning the iPhone’s flash memory chip. iPhones generally allow users six attempts to guess a passcode before locking them out for incrementally longer periods of time; by the complex process of taking the phone apart, removing its memory chip, and then cloning it, an attacker is able to have as many clusters of six tries as they have the patience to make fresh clones. Skorobogatov estimates that each run of six attempts would take about 45 seconds, meaning that it would take around 20 hours to do a full cycle of all 10,000 passcode permutations. For a six-digit passcode, this would grow to about three months—which he says might still be acceptable for national security.

    • Seagate NAS hack should scare us all

      No fewer than 70 percent of internet-connected Seagate NAS hard drives have been compromised by a single malware program. That’s a pretty startling figure. Security vendor Sophos says the bitcoin-mining malware Miner-C is the culprit.

  • Environment/Energy/Wildlife/Nature

    • Hillary Clinton ‘dropped climate change from speeches after Bernie Sanders endorsement’

      Hillary Clinton has dropped the words “climate change” from most of her public addresses since winning the endorsement of her party rival Bernie Sanders, according to Climate Home analysis.

      While the presidential candidate talks regularly about her plan for the US to become a “clean energy superpower”, in recent months she has rarely made reference to the planetary crisis that necessitates it.

      On Monday, when she launched her pitch to millennials online, she could find no room for an issue that will affect that voting cohort more than any other.

      The rhetorical shift undermines hopes that climate change might emerge as a key campaign issue in 2016. Boosted by the disparity between Clinton and her Republican opponent Donald Trump, a self-professed non-believer in climate change.

    • Austrian farmer horrified by sheep slaughter in fields

      Under Austrian law the killing of sheep has to take place in official slaughterhouses but the sheep in the field in Styria simply had their throats cut and were left to die.

      Horrified locals raised the alarm with police, who rushed to the area to stop the massacre and managed to save 52 of the 131 sheep that had been put in the field.

      The other 79 had already been slaughtered as part of the Muslim festival of Eid al-Adha, also known as the Sacrifice Feast, which is the second of two Muslim holidays celebrated worldwide each year and considered the holier of the two.

      Muslims who can afford it sacrifice their best animals as a symbol of Abraham’s willingness to sacrifice his only son to God.

  • Finance

    • Store wars: Brussels in food fight with Eastern Europe

      The European Commission has opened a new front in its deepening conflict with Central and Eastern European governments over restrictions on big foreign supermarkets.

      The battle became bloodier Monday when Brussels said it was launching an in-depth investigation to determine whether Warsaw was using a new tax to favor smaller local supermarkets over big foreign retailers. The Commission insisted that the Poles must not levy their new tax until the probe was complete.

      Poland’s Finance Minister Paweł Szałamacha hit back Tuesday, slamming the European Commission’s move as a “success for lobbyists.”

    • Leaks Show TISA No Easy Trade Deal; Civil Rights Groups, Unions Alarmed

      Greenpeace, European Digital Rights, Public Services International and the International Transport Worker’s Federation today presented a collection of leaked papers on the Trade in Services Agreement (TISA). As negotiators from a dozen countries currently gathered in Geneva for officially the 20th round to close the deal on better trans-border service trading, the civil rights activists and trade union representatives warned that TISA partners would commit to give up their options to regulate in the public interest through a secret deal.

    • Amazon Says It Puts Customers First. But Its Pricing Algorithm Doesn’t.

      One day recently, we visited Amazon’s website in search of the best deal on Loctite super glue, the essential home repair tool for fixing everything from broken eyeglass frames to shattered ceramics.

      In an instant, Amazon’s software sifted through dozens of combinations of price and shipping, some of which were cheaper than what one might find at a local store. TheHardwareCity.com, an online retailer from Farmers Branch, Texas, with a 95 percent customer satisfaction rating, was selling Loctite for $6.75 with free shipping. Fat Boy Tools of Massillon, Ohio, a competitor with a similar customer rating was nearly as cheap: $7.27 with free shipping.

      The computer program brushed aside those offers, instead selecting the vial of glue sold by Amazon itself for slightly more, $7.80. This seemed like a plausible choice until another click of the mouse revealed shipping costs of $6.51. That brought the total cost, before taxes, to $14.31, or nearly double the price Amazon had listed on the initial page.

    • The Stronger the Boycott, the Thicker the Hype

      What readers would have no clue about would be the four years of organizing, the walkouts, picket lines and lawsuits over labor violations leading to Driscoll’s being the subject of a high-profile international boycott. Wage theft, poverty wages, hostile and unhealthy conditions—all of these have been reported. One of the workers lawsuits went to the Washington state supreme court; they won a 2015 decision that ensured paid rest breaks for farmworkers statewide.

    • Google may face over $400 million Indonesia tax bill for 2015 – government official

      Indonesia plans to pursue Alphabet Inc’s (GOOGL.O) Google for five years of back taxes, and the search giant could face a bill of more than $400 million for 2015 alone if it is found to have avoided payments, a senior tax official said.

      Muhammad Haniv, head of the tax office’s special cases branch, told Reuters its investigators went to Google’s local office in Indonesia on Monday.

      The tax office alleges PT Google Indonesia paid less than 0.1 percent of the total income and value-added taxes it owed last year.

    • Federal judge says Bitcoin is money in case connected to JP Morgan hack

      The defendant is Anthony Murgio of Florida, who was arrested in July 2015 in connection with a number of other American and Israeli men who allegedly hacked into JP Morgan Chase, ETrade, and News Corp., among others. Murgio was not directly charged with conducting any of the hacks, but the Justice Department did claim that Murgio ran a sketchy Bitcoin exchange website called Coin.mx with Gery Shalon, the alleged mastermind of the JP Morgan hacks. According to a 2015 indictment, Murgio and others were able to accept shady money from co-conspirators through Coin.mx.

      Murgio is also accused of misrepresenting his business to financial institutions by creating a front for Coin.mx called the “Collectables Club,” as well as with bribing a small New Jersey credit union to process its electronic payments. Judge Alison Nathan’s Monday order did not impact those charges.

      In his motion to dismiss the unlicensed money transfer business charges, Murgio claimed that, because Bitcoins are not considered “funds,” he was not operating an illegal business.

    • Taxi price regulation to be abolished

      Government leaders reached a compromise on planned taxi industry reforms on Tuesday. While operation of a taxi will still require a license, regulations on pricing will be abolished – but there will be no limit to the number of taxi licenses that can be issued. The changes will take effect in July 2018.

    • Christian Engström at the Nordic Conference on Basic Income 2016 in Copenhagen

      When someone on basic income starts to make money the basic income will be reduced, but never with 100%, so there is always an incentive to work if you can. The cost of this system would be covered in full by letting the basic income replace the current systems for social assistance (försörjningsstöd), student aid and unemployment benefits, and by removing the VAT discounts that certain industries enjoy. To make the proposal politically realistic, there would be no raise in income taxes, and no reduction of current sickness or family benefits.

  • AstroTurf/Lobbying/Politics

    • Two-Party Tyranny: Ralph Nader on Exclusion of Third-Party Candidates from First Presidential Debate

      It’s official: When the first presidential debate takes place next Monday, a week from today, it will exclude third-party candidates from the debate stage. The Commission on Presidential Debates announced Friday that both Dr. Jill Stein of the Green Party and Gary Johnson of the Libertarian Party failed to qualify by polling at 15 percent or higher. This comes as polls show Donald Trump and Hillary Clinton are among the least popular major-party candidates to ever run for the White House. We get reaction from four-time presidential candidate Ralph Nader, who has previously been excluded from debates. He has a new book titled “Breaking Through Power: It’s Easier Than We Think.”

    • Americans’ Trust in Mass Media Sinks to New Low

      Americans’ trust and confidence in the mass media “to report the news fully, accurately and fairly” has dropped to its lowest level in Gallup polling history, with 32% saying they have a great deal or fair amount of trust in the media. This is down eight percentage points from last year.

    • WikiLeaks’ Guccifer 2.0: Obama Sold Off Public Offices to Donors

      On September 13, WikiLeaks lived up to its promise of releasing more Democratic National Committee (DNC) documents. This time they were from hacker Guccifer 2.0, serving as a teaser for larger and likely more embarrassing leaks from the DNC and Hillary Clinton campaign.

      Both the Democratic Party and Clinton campaign have attempted to insulate themselves from the content of the releases by alleging the hacks were organized by the Russian government. The claims are a mix of paranoia and PR/damage control, and will have enduring consequences. It may lead to what former Secretary of Defense William Perry referred to as a drift back into Cold War mentalities.

      The leaks include more evidence of overt corruption within the DNC. One email dated May 18, 2016, from Jacquelyn Lopez, an attorney with the law firm Perkins Coie, asked DNC staff if they could set up a brief call “to go over our process for handling donations from donors who have given us pay to play letters.”

      Included in the leak was a list of high-profile donors from 2008 and the ambassadorship they received in exchange for their large donation to the DNC and Barack Obama’s Organizing For Action (OFA). Essentially, Obama was auctioning off foreign ambassador positions and other office positions while Hillary Clinton served as secretary of state. The largest donor listed at contributions totaling over $3.5 million, Matthew Barzun, served as U.S. Ambassador to Sweden from 2009 to 2011, served as President Obama’s National Finance Chair during his 2012 reelection campaign, and now serves as U.S. Ambassador to the United Kingdom.

  • Censorship/Free Speech

    • Researchers: Canadian firm helping Bahrain censor the web
    • Canadian tech company Netsweeper helped Bahrain censor websites, says report

      Canadian technology company Netsweeper helped the Bahraini government block opposition party websites, various news websites and content critical of Islam, according to a new report by the Citizen Lab at the University of Toronto’s Munk School of Global Affairs.

    • Italy Proposes Law To Make Mocking People Online Illegal

      Yes, mockery on the internet could get you a €100,000 fine. Mockery. The internet. The internet is made for mockery. And now is the time that everyone should be mocking this idiotic law — and the politicians who proposed it without having the slightest idea of how such a thing would be abused all the time.

    • Facebook Algorithms Take Down WordPress Lawyer’s Post About Idiocy Of Algorithmic Takedowns

      We’ve had a lot of talk lately about the idiocy of automated content blocking, whether done by Facebook or by big movie studios like Warner Bros. issuing automated DMCA takedowns on its own site. Paul Sieminski*, the General Counsel for Automattic, was asked by Corporate Counsel magazine for his opinions on the WB takedowns (warning: possible registration or paywall).

      [...]

      Facebook claims that posting about automated takedowns and how they’re problematic somehow violates its Community Standards. Obviously, this is a mistake (yet another one) by Facebook’s autotakedown system, but it really does help highlight the point of how problematic this kind of system can be, when perfectly legitimate speech is silenced, because a bot thinks it’s bad.

    • Introducing spiked’s Safe Space Bingo

      For the uninitiated, a Safe Space is a space – physical or hypothetical – where students are protected from offensive opinions, words, jokes, gestures and even items of clothing. They are places where students are able to express themselves free from hateful phrases like, ‘I disagree with you’. But, even before Safe Spaces hit the headlines, universities and students’ unions were cooking up all manner of nonsensical restrictions in the name of protecting students from offence.

    • Censorship in the 21st Century

      The freedom you see on the internet means there is someone out there fighting for this freedom for our benefit. Just like there are freedom rights organizations in the physical world, the virtual world has freedom rights companies that stand for the truth they believe in and refuse to fabricate any information. They upload facts as they are in their raw form and just like in any aspect of life, there are supporters and critics in this field as well.

    • Powell emails expose depth of media self-censorship re Israeli nukes

      It is of course an open secret of nearly 50 years standing in Washington that Israel has nuclear weapons. But a hypocritical American policy was also set 50 years ago: the White House would repeat Israel’s promise not to introduce nuclear weapons into the Middle East. Behind the scenes the U.S. cooperated with the nuclear program, and urged Israel to sign the nuclear non-proliferation treaty, but publicly, our government would parrot the claim of “nuclear ambiguity.”

      President Obama has continued the charade.

      And meantime Colin Powell states the fact openly to a man-about-town business partner (who has given a ton of money to Democratic and Republican establishment candidates and was married by Rudy Giuliani and gossips about Hillary Clinton’s health issues).

      The most important element of the Powell revelation, though, is the context. A friend points Powell to Netanyahu’s speech (to a dual loyalty Congress) against the Iran deal; and this is Powell’s very first argument. “Iranians can’t use one if they finally make one.” Because Israel has a ton of nukes. Not even the old Mutual Assured Destruction doctrine that preserved peace between the U.S. and the F.S.U. — but self-destruction.

    • Those Terrible Takedowns Aren’t Mistakes, They’re Intentional Fakes

      Usually, when we see stupid and dangerous DMCA errors like Warner Bros. taking down its own website and Paramount taking down legitimate Linux torrents, it’s the studios we call out first for their wanton abuse of the system. But of course that’s only part of the story — there is a system of broken incentives both inside and outside the studios that has created an entire “anti-piracy” ecosystem. It started with the third parties that many studios and other rightsholders hire: self-styled copyright enforcement experts who charge a fee to piss an endless stream of DMCA notices into the wind of piracy. Some studios, like NBCUniversal (who we’ll be talking about in a moment) choose instead to build this function into their internal structure with anti-piracy divisions staffed by the same kind of folks. Thanks to the willingness of copyright holders to pay out for this pointless service, it’s grown into a whole industry — and it’s an industry for which the never-ending, whac-a-mole nature of the takedown game is a plus, since it means the job will never be done. While there’s plenty of blame to go around among media companies and lawmakers, it’s these takedown “experts” who are the most directly responsible for the epidemic of botched and fraudulent takedown notices.

      And it’s easy to see why: they need to pad the numbers. If we accept that the whole exercise is pointless (it is) and there’s no actual end goal (there isn’t) then what makes one anti-piracy outfit better than another? Why, sheer volume of pointlessness, of course! The executive who hired the firm that takes down two-million links can brag about his competence compared to the executive who only got one-million for the same price, and the executive who designed the internal division that hit three-million for even less is a damn hero — even though they’re all just futilely pecking away at “infinity”. And so, since there’s no real penalty for abusing the DMCA, these groups have zero incentive to fret about only sending fair and accurate takedowns. But that’s not all — they also have every incentive to actively pad their numbers with takedowns they know are bullshit, and as TorrentFreak discovered last month and recently demonstrated again in pretty undeniable terms, that’s exactly what they’re doing…

    • Web Security Firm Sitelock Uses DMCA to Censor Critics

      Sitelock, one of the world’s leading website security companies, is using the DMCA to silence a vocal critic. Web design and services outfit White Fir Design has published several articles about Sitelock, but now the company has hit back by filing DMCA notices against screenshots included in White Fir’s reports.

    • Pahlaj Nihalani’s censorship hurts Gajendra Chauhan

      Chauhan told ET it was wrong on the part of the CBFC to decide that “the killings never happened” without consulting historians. He added that he took up the role only after researching on the killings. “I have researched deeply and groomed myself to fit into the character of someone I respect a lot, in terms of appearance and character. I sometimes felt Prasadji’s aatma has come into me, that is my level of involvement in the project.” He said the film has shown only what happened. “I can proudly say that Mookerjee is the reason why Bengal is part of India. Jinnah wanted West Bengal to be a part of Pakistan and Mookerjee fought against that. He is the father of the ideology people voted for power in India. I feel the nation has not given Syama Prasadji his due. He unfurled the national flag in J&K in 1953. He was a great ideologue and the film will educate people about his personality which sadly has not gotten justice.”

    • Sexually explicit Sunday Sport ads banned despite ‘censorship’ claim
  • Privacy/Surveillance

    • If I see an ending, I can work backward.

      As an example the first time you visit a page on www.example.foo.invalid you might receive a cookie with the domain example.foo.invalid so next time you visit a page on www.example.foo.invalid your browser will send the cookie along. Indeed it will also send it along for any page on another.example.foo.invalid

      A supercookies is simply one where instead of being limited to one sub-domain (example.foo.invalid) the cookie is set for a top level domain (foo.invalid) so visiting any such domain (I used the invalid name in my examples but one could substitute com or co.uk) your web browser gives out the cookie. Hackers would love to be able to set up such cookies and potentially control and hijack many sites at a time.

      This problem was noted early on and browsers were not allowed to set cookie domains with fewer than two parts so example.invalid or example.com were allowed but invalid or com on their own were not. This works fine for top level domains like .com, .org and .mil but not for countries where the domain registrar had rules about second levels like the uk domain (uk domains must have a second level like .co.uk).

    • Max Schrems shows how one privacy activist can make a global difference

      Max Schrems is at it again: after having made the sharing of private European data to corporations in United States banned by the European Court of Justice, he’s now seeking class action status for a privacy lawsuit against Facebook. This is one individual calling out the highest executive offices on the purest of bullshit, and succeeding with it – he does not just set an example for others, but shows all of us that one individual can end global wrongs.

      There was a small notice in a few news outlets yesterday, about how somebody is seeking class action status against a privacy lawsuit against Facebook. A TechCrunch article mentions his name, but not before calling him “privacy campaigner”, just like the BBC calls him “a privacy activist”, and only mentions his name halfway down the article. But to those of us who read court papers with all the boredom and dryness of an imminent dust explosion, the name Maximillian Schrems immediately rang bells from such court papers from a year ago.

      It used to be that the European Commission – the executive branch of the European Union – gave away private data on European citizens to U.S. corporations freely, obviously without asking said citizens first, on some sort of goodwill assumption that European privacy laws would be followed (which they couldn’t be in the first place, as the US has the NSA). This was called “The Safe Harbor agreement” for European private data.

    • Unprecedented and Unlawful: The NSA’s “Upstream” Surveillance

      The FISA Amendments Act of 2008 (FAA) — the statute the government uses to engage in warrantless surveillance of Americans’ international communications — is scheduled to expire in December 2017. In anticipation of the coming legislative debate over reauthorization, Congress has already begun to hold hearings. While Congress must address many problems with the government’s use of this law to surveil and investigate Americans, the government’s use of “Upstream” surveillance to search Internet traffic deserves special attention. Indeed, Congress has never engaged in a meaningful public debate about Upstream surveillance — but it should.

      First disclosed as part of the Snowden revelations, Upstream surveillance involves the NSA’s bulk interception and searching of Americans’ international Internet communications — including emails, chats, and web-browsing traffic — as their communications travel the spine of the Internet between sender and receiver. If you send emails to friends abroad, message family members overseas, or browse websites hosted outside of the United States, the NSA has almost certainly searched through the contents of your communications — and it has done so without a warrant.

      The executive branch contends that Upstream surveillance was authorized by the FAA; however, as others have noted, neither the text of the statute nor the legislative history support that claim. Moreover, as former Assistant Attorney General for National Security David Kris recently explained, Upstream raises “challenging” legal questions about the suspicionless searching of Americans’ Internet communications — questions that Congress must address before reauthorizing the FAA.

      Because of how it operates, Upstream surveillance represents a new surveillance paradigm, one in which computers constantly scan our communications for information of interest to the government. As the legislative debate gets underway, it’s critical to frame the technological and legal issues that Congress and the public must consider — and to examine far more closely the less-intrusive alternatives available to the government.

    • ‘It Looks Like You’re Trying To Harvest Cell Phone Data…:’ Quick-Start Guides For IMSI Catchers Leaked
    • After Equation Group Dump, Cisco Finds New Zero-Day Flaw
    • Cisco customers targeted by hackers using leaked NSA hacking tools
    • Cisco finds new Zero-Day Exploit linked to NSA Hackers
    • Shadow Brokers’ Cisco vulnerability exploited in the wild
    • Cisco customers targeted using leaked NSA hacking tools
    • Cisco warns of exploitation of new flaws linked to Shadow Brokers exploits
    • NSA hacking tools used against Cisco customers

      Leaked NSA hacking tools are now being used on Cisco customers, according to the tech giant. The company published an advisory on Friday saying that NSA grade hacking tools are now being used against customers.

      The authors wrote that the “Cisco Product Security Incident Response Team (PSIRT) is aware of exploitation of the vulnerability for some Cisco customers who are running the affected platforms.” Cisco have not yet identified those that have fallen prey to the exploit.

      The vulnerability affects a variety of Cisco product and by extension, anyone who is using them including any Cisco PIX firewalls and Cisco products running affected releases of Cisco iOS software, iOS XE software and iOS XR software. However, the company are currently checking whether the vulnerability affects any more of their products.

    • UK Proposes Great Firewall, Can Digital India Do It?

      There is a ‘cyber-ideological war’ brewing in Britain; GCHQ (Government Communications Headquarters) in the UK have proposed what is being called the ‘Great British Firewall’, which will give the organization, greater surveillance powers, to keep malicious websites out of the reach of British enterprises. Privacy groups have started raising serious concerns, as the firewall could potentially open up private user information to British authorities in the process.

      GCHQ apparently has a reputation similar to that of NSA (National Security Agency) when it comes intrusive activities for the civilian population. Thomas Falchetta, the legal officer for Privacy International, paraphrased it, by saying “Given the broad scope of GCHQ’s hacking operations both domestically and abroad, this seems like the fox protecting the chicken.”

    • UK might be planning a ‘Great British Firewall’

      You’ve probably heard of the Great Firewall of China, the virtual fortification that allows the Chinese government to monitor and restrict internet traffic to and from the world’s most populous nation.

      Well, the cyber-security chief of the UK Government Communication Headquarters (GCHQ) has suggested early plans for what sounds rather like a “Great British Firewall”.

      Privacy groups immediately sounded the alarm that it might pose a risk to freedom of speech, and offer the potential for Britain’s secret services to get up to no good. So what exactly is GCHQ proposing and should we be worried?

    • Does the UK need or even want a ‘Great British Firewall’?

      You’ve probably heard of the Great Firewall of China, the virtual fortification that allows the Chinese government to monitor and restrict internet traffic to and from the world’s most populous nation. Well, the cyber-security chief of the UK Government Communication Headquarters (GCHQ) has suggested early plans for what sounds rather like a “Great British Firewall”. Privacy groups immediately sounded the alarm that it might pose a risk to freedom of speech, and offer the potential for Britain’s secret services to get up to no good. So what exactly is GCHQ proposing and should we be worried?

      Firewalls are standard tools for computer defence. They are essentially filters which can control what traffic enters and leaves a network. You are probably protected by a firewall right now, at your workplace or at home, that runs either on your computer’s operating system or on the hardware that provides your connection to the internet.

      A firewall can be configured to reject certain types of traffic deemed undesirable or potentially harmful. This might be a connection request from an untrustworthy source, such as a web address known to harbour hackers or spammers, for example. Or it could block a file that looks like it might contain a computer virus or other malware. While deflecting this sort of undesirable traffic the firewall allows standard traffic such as web browsing and email to pass through.

    • Will The Washington Post Give Back Its Pulitzer And Stand Trial With Snowden?

      We already know that the Washington Post editorial board has some cognitive dissonance when it comes to Ed Snowden. Three years ago, right after the Washington Post itself, via reporter Barton Gellman, broke a bunch of the initial stories around the Ed Snowden documents — including the first public report on the Section 702 PRISM program — the editorial board wrote a piece condemning Snowden’s leaks. Now, it’s true (as many point out) that the editorial board is separate from the reporters who work at the paper, but it still is really quite amazing that the editorial board would not only burn a source like that but basically complain about its own journalism.

      It appears that three years later, the Post’s editorial board has not changed its perspective. In response to the campaign to pardon Snowden, the Washington Post has come out with a tone deaf editorial against pardoning Snowden, calling for him to be prosecuted, and insisting that Snowden caused real harm with the revelations. Here’s the really incredible part. The Post focuses its complaint on the revelation of the PRISM program — and that is the story that the Post broke. Glenn Greenwald and the Guardian had the first story, about the Section 215 mass phone records surveillance program. But it was the Post that had the first story about PRISM. And yet, the Washington Post now says that while revealing the 215 program may have been a public service, revealing PRISM was a crime.

      [...]

      Remember that, while many people falsely think that Snowden is the one who revealed these programs to the public, that’s not the case. He gave the documents to certain journalists, saying that he trusted them to sort through them and determine what was newsworthy, what was not, and what should be kept secret. It was the Washington Post that determined the PRISM program — which is still subject to legal challenges (though so far has been found to be legal) — was serious enough for news coverage. Not Ed Snowden. And yet now the Post says Snowden should be prosecuted for the journalistic decision it made, which earned it a Pulitzer.

    • Oliver Stone’s “Snowden” is great entertainment and an important argument for pardon

      I just saw Oliver Stone’s Snowden. It’s an excellent film, no doubt, and also an important rebuttal to ongoing efforts by propagandists to limit America’s conversation to who Edward Snowden is, rather than what this whistleblower revealed.

    • Why Global Privacy Should Matter to Americans: A Reply to Jack Goldsmith

      Jack Goldsmith’s response to my call for a pardon for Edward Snowden deserves a reply. I also have a few thoughts on what Susan Hennessey and Ben Wittes have now added to the debate.

      Jack and I agree that the reforms instituted since 2013 would not have happened without Snowden and have helped the NSA become more transparent, accountable and effective. We agree that this is a good thing because NSA operations are vital to national security and international stability. We also agree that Snowden should not be punished for exposing a program of domestic collection of telephone records approved by the Foreign Intelligence Surveillance Court that was—at best—of marginal value and legally questionable, was ruled illegal by another federal court and has now been ended by Congress.

    • As a source — and a patriot — Edward Snowden deserves a presidential pardon

      President Obama’s administration has an unfortunate record of prosecuting whistleblowers, some of whom have been important sources for journalists.

      That’s not a legacy any president should want.

      In the waning days of his administration, the president can turn that around, not entirely, but in an important way by pardoning the former NSA contractor Edward Snowden and allowing him to return to the United States from his Russian exile without facing charges.

      Obama absolutely should do so. Snowden did an important — and brave — service for the American public and, in fact, the world, when he made it possible for news organizations to reveal widespread government surveillance of citizens. Some of that surveillance broke the law; some, although within the law, was nevertheless outrageous and unacceptable. And, afterward, some of the wrongs were righted through legislative reform.

      One of the beneficiaries was The Washington Post, which won the Pulitzer Prize for public service for stories made possible by Snowden’s leak of more than a million documents. (The Guardian U.S. shared in that award, given in 2014.) Some see it, then, as hypocritical for The Post’s editorial board to weigh in against a pardon, as it did in Saturday’s paper — even though the editorial-writing side is separate from the newsroom.

      In awarding its highest honor to both publications, the Pulitzer board cited The Post’s revelations “of widespread secret surveillance by the National Security Agency, marked by authoritative and insightful reports that helped the public understand how the disclosures fit into the larger framework of national security”; in the Guardian’s case, for aggressive reporting that sparked “a debate about the relationship between the government and the public over issues of security and privacy.”

      At the time of the revelations, the president himself declared that national debate important and worthwhile, although he criticized Snowden for breaking the law in making the classified documents public.

    • FBI director: Cover up your webcam

      The head of the FBI on Wednesday defended putting a piece of tape over his personal laptop’s webcam, claiming the security step was a common sense one that most should take.

      “There’s some sensible things you should be doing, and that’s one of them,” Director James Comey said during a conference at the Center for Strategic and International Studies.

      “You go into any government office and we all have the little camera things that sit on top of the screen,” he added. “They all have a little lid that closes down on them.

      “You do that so that people who don’t have authority don’t look at you. I think that’s a good thing.”

  • Civil Rights/Policing

    • Mike Pence Just Gave The Dumbest And Most Dangerous Answer Of The Entire Campaign

      O’Donnell asked Pence if profiling can violate rights. He answered, “Well, of course, it can,” and then talked more about the importance of common sense.

      Pence never answered the question about how Trump’s plan to profile immigrants would work. His answer was some idiotic nonsense about political correctness and common sense.

      The Republican Party was the party of individual liberty, but under Donald Trump, the “common sense” of the president overrides the constitutional rights and protections of the American people. Gov. Pence’s answer wasn’t just idiotic. Pence expressed a form of idiocy that presents a danger to fundamental individual rights that are the backbone of the republic.

    • Find A Good Kid Who Tries To Do The Right Thing And Suspend Him From School For A Year

      The idiots running the schools there later reduced his suspension to 30 days.

      A suspension that shouldn’t exist at all. (The message to kids: “If you see something, say nothing.”)

      On a positive note, this should teach Kyle things he wouldn’t have learned at school — like to always question authority.

    • Death in County Jail ruled homicide; cause of death was dehydration

      The death of an inmate in the Milwaukee County Jail has been ruled a homicide, four months after corrections officers reportedly cut off his water supply for an extended period of time.

      The cause of death was dehydration, with other significant conditions including bipolar disorder, according to autopsy results released Thursday by the Milwaukee County medical examiner’s office.

      Terrill Thomas, 38, was found unresponsive in his cell on April 24, nine days after being arrested for shooting a man in the chest and later firing two shots in the Potawatomi casino.

      His family said he was in the throes of a mental breakdown when he was arrested. At the time of his death, he was awaiting a court-ordered psychiatric examination.

    • Video Released in Tulsa Shooting Incident

      Police released video Monday of the scene where a white police officer shot and killed an unarmed black man Friday in Tulsa, Oklahoma.

      Tulsa police officer Betty Shelby fatally shot Terence Crutcher, 40, on Friday evening, after responding to an abandoned car blocking the road, according to The New York Times.

  • Internet Policy/Net Neutrality

    • Nashville Council Member Admits AT&T & Comcast Wrote The Anti-Google Fiber Bill She Submitted

      We’ve been talking about how the next great battlefield in broadband is utility pole attachment reform. In many cities, the incumbent broadband provider owns the utility poles, giving them a perfect opportunity to hinder competitors. In other cities, the local utility or city itself owns the poles, but incumbent ISPs have lobbied for laws making it more difficult for competitors to access them quickly and inexpensively. Google Fiber has been pushing “one touch make ready” rules in several cities aimed at streamlining this bureaucracy by letting a licensed, third-party installer move any ISP’s gear (often a matter of inches).

    • Is dialup still an option?

      Is the Internet usable on Dialup in 2016? No. You can’t even pretend it’s maybe usable. It pretty much would suck rocks to use the Internet on dialup today. I’m sure there are some people doing it. I feel bad for them. It’s clear we’ve hit a place where broadband is expected, and honestly, you need fast broadband, even 1 Megabit isn’t enough anymore if you want a decent experience. The definition of broadband in the US is now 25Mb down 3Mb up. Anyone who disagrees with that should spend a day at 56K.

    • AT&T and Comcast helped elected official write plan to stall Google Fiber

      As the Nashville Metro Council prepares for a final vote to give Google Fiber faster access to utility poles, one council member is sponsoring an alternative plan that comes from AT&T and Comcast.

      The council has tentatively approved a One Touch Make Ready (OTMR) ordinance that would let a single company—Google Fiber in this case—make all of the necessary wire adjustments on utility poles itself. Ordinarily, Google Fiber must wait for incumbent providers like AT&T and Comcast to send construction crews to move their own wires, requiring multiple visits and delaying Google Fiber’s broadband deployment. The pro-Google Fiber ordinance was approved in a 32-7 preliminary vote, but one of the dissenters asked AT&T and Comcast to put forth a competing proposal before a final vote is taken.

  • DRM

    • HP Launched Delayed DRM Time Bomb To Disable Competing Printer Cartridges

      For decades now, consumers have been lured into a sour deal: pay for a relatively inexpensive printer, then spend a lifetime paying an arm and a leg for viciously overpriced printer cartridges. As most have learned first-hand, any attempt to disrupt this obnoxious paradigm via third-party printer cartridges has been met with a swift DRM roundhouse kick to the solar plexus. In fact if there’s an area where the printer industry actually innovates, it’s most frequently in finding new, creative and obnoxious methods of preventing cartridge competition.

      Hoping to bring this parade of awfulness to its customers at scale, HP this week unearthed the atomic bomb of printer cartridge shenanigans. HP Printer owners collectively discovered on September 13 that their printers would no longer even accept budget cartridges. Why? A firmware update pushed by the company effectively prevented HP printers from even detecting alternative cartridges, resulting in HP printer owners getting messages about a “cartridge problem,” or errors stating “one or more cartridges are missing or damaged,” or that the user was using an “older generation cartridge.”

  • Intellectual Monopolies

    • Trademarks

      • From OHIM to EUIPO

        The great changes at EUIPO will continue with further reforms coming into force next year, including the abolition of the “graphical representation” requirement for EUTMs. Luis Berenguer, Head of the Communication Service of EUIPO, discusses the changes in an interview

    • Copyrights

      • Most Young Millennials Love Piracy and Ad-Blockers

        More than two-thirds of all millennials admit to having downloaded or streamed pirated content, a new survey from Anatomy Media finds. The same group also has a high preference for ad-blocking, which is believed to be directly related to the high prevalence of invasive ads on pirate sites.

      • Microsoft sues Wisconsin man (again) for copyright infringement (again)

        Microsoft is hoping the third time will be the charm in its efforts to shut down a man once again being accused of pirating its products.

        The Redmond giant has filed suit [PDF] in the US District Court in Milwaukee, Wisconsin, against Anthony Boldin for illegally selling product activation keys for its products. The complaint seeks damages and a court order barring Boldin from selling its products without a license.

        Microsoft said that, through various websites he owned and operated, Boldin was selling decoupled product activation keys that allowed users to authenticate pirated copies of its software.

        The keys – obtained for use with academic, supplier, and internal copies of Microsoft Windows and Office – were sold by Boldin’s sites to customers who were then directed to other download sites (including Microsoft’s own sites) to get the software itself. To gather proof, Microsoft investigators made a handful of purchases directly from the sites.

09.20.16

Like Big Tobacco Lobbyists, Benoît Battistelli and Team UPC Are Just Chronically Lying and Manipulating Politicians With Their Lies

Posted in Deception, Europe, Patents at 1:47 pm by Dr. Roy Schestowitz

Thank you for smoking! It’s good for your health. Honest.

Cigarettes in an ashtray

Summary: Benoît Battistelli and Team UPC continue to meddle in politics and mislead the public (through the press) about patent quality as well the UPC, which is now in effect sunk inside the ashtray of history

PATENT law firms from Europe and abroad are conspiring against democracy using echo chambers that discuss the UPC. They set up private events, they pressure politicians behind closed doors, and they’re stuffing panels so as to ensure no dissent is publicly visible. This mirrors a lot of what we find in CETA, TISA, TTIP, TPP and so on. Watch what EPO and Battistelli have been doing regarding the UPC as of late. It’s the same thing European politicians now do for so-called trade deals. It’s truly appalling and it has got to be stopped. It makes EPO management look as crooked as can be. It harms the image of the Office and tarnishes the reputation it so heavily relies on. Battistelli is truly destructive and delusional (by his own choice); insiders know it and it’s hardly shocking that he has a 0% approval rating among staff.

At the EPO, particularly under Battistelli, open tenders are a joke. We wrote several articles which help illustrate it. According to this tweet (we don’t wish to link directly to the EPO’s Web site as it can facilitate spying/tracking), “[c]ivil maintenance suppliers interested in bidding for tenders on the new EPO building should join us for this event” (as if they will get a fair tender under Battistelli!).

“Battistelli is truly destructive and delusional (by his own choice); insiders know it and it’s hardly shocking that he has a 0% approval rating among staff.”Meanwhile, judging by what we see from Andrew Chung (who offered a platform for the liar last week), Battistelli continues to meddle in everything. He thinks he’s the God of Europe, which helps explain the vanity with which he responds to European politicians who inquire about his abuses. “Q&A: Benoît Battistelli, top European patent official, on patent eligibility and Brexit” is the title of the latest piece from Chung and as one can expect, no fact-checking or plurality of views is permitted. The liar just keeps lying about everything.

Expect the EPO to have already sunk to USPTO levels of patent ‘quality’ (we have new material on the way with which to demonstrate this) and expect Brexit to have already killed UPC. It’s the consensus, unless one asks Team UPC, which is another bunch of chronic liars. They lie for a reason as they still have some hope and projecting this hope, they believe, can hand them a miracle. Watch this new press release about integration of USPTO and EPO data. Is this the future? “Wellspring,” it says about itself, “the global leader in software solutions for tech transfer, intellectual property, and tech scouting, today launched the Advanced Patent Utility (APU) for Wellspring’s software products. The APU feature brings together several automated features for updating intellectual property data, including new functionality to synchronize patent records with critical information and changes in status in patent offices’ databases.”

“It seems evident that Battistelli is meddling in Italian politics for the UPC, which is a dead project (don’t believe the hype).”One does not require such a service because the data is already available online (or up for sale in bulk) from the patent offices. Regardless, the EPO no longer has quality control, so many of the registered patents are questionable, especially recent ones (from the Battistelli era of hasty rubberstamping). It has gotten so bad, say insiders, that sooner or later there might be no examination at all. So don’t believe the hype/myth spread yesterday by the EPO; they try to maintain the illusion of quality because they know it’s a problem, which means that the lie needs to be repeated again, and again, and again[citation needed]

The liar spoke the other day at a public event, AIPPI. The EPO posted a photograph of the naked emperor and said: “President Battistelli spoke @ #AIPPI2016 on how EPO is keeping quality high while speeding up the process for users” (total nonsense, except the speed, which obviously compromised quality).

According to several insiders (like this one) and also alerts we have received, the media in Italy helped Battistelli lie about the UPC and also about Brexit (we expect to have English translations soon). It seems evident that Battistelli is meddling in Italian politics for the UPC, which is a dead project (don’t believe the hype). What a bunch of chronic liars the media is quoting, probably without even realising it (because it sounds flattering to Italy’s theoretical role).

The UPC has “prerequisites that represent the final nail in the coffin for the UK’s participation,” wrote even what we believe to be a patent attorney/practitioner. To quote a new comment in full:

I find the legal opinion mentioned by Meldrew to be very interesting indeed.

The legal arguments are certainly well considered, as are the various points that the authors of the opinion believe are essential prerequisites to the UK’s participation in the UPC. However, in my view, it is the nature and number of those prerequisites that represent the final nail in the coffin for the UK’s participation.

Not only would multiple (national and international) new legal instruments be necessary, but the EU would need to agree to various amendments to the legislation governing the jurisdiction of the CJEU. If that were not a tall enough task on its own, then the final pieces of the puzzle make the task virtually impossible.

Firstly, the UK would (with regard to cases before the UPC) need to submit to the supremacy of Union law in its entirety. It is very difficult indeed to see how this could be done when the UK is not an EU Member State, particularly as cases involving IP rights before the UPC could touch upon issues covered by a wide range of different EU laws (eg competition law, the Biotech Directive, other EU legislation containing provisions affecting patents or SPCs, and general principles of EU law). Is it really possible that the UK government would accept being bound, post-Brexit, by such a range of EU laws (including potential future EU legislation) just to ensure that the UPC goes ahead?

Secondly, the UPCA would need to be amended. Whilst that is clearly possible, there is the question of when the relevant amendments would be made. Whilst those amendments could be made in anticipation of all of the other conditions for the UK’s participation being met at a later stage, are the other Contracting Member States to the Agreement really going to agree to this instead of pursuing alternative amendments that would eliminate the need to rely upon the UK’s participation? Perhaps this will happen, but the evidence suggests otherwise (particularly the various attempts that have already been made to argue for new homes for the divisions of the UPC allocated to the UK).

Perhaps it is time to stop flogging this particular horse and instead focus efforts upon finding an alternative way of reaching the desired destination.

“The UK’s continued participation would require it to submit to EU law regarding proceedings before the Court,” said elements of Team UPC, such as CIPA (see the latest). For those who don’t know, CIPA is a parasite that merely advocates for the profit of the patent microcosm. We wrote about it in the past. As for the UPC, it is totally antidemocratic, it is an injustice, and it is thankfully dead by now.

“…in my view, it is the nature and number of those prerequisites that represent the final nail in the coffin for the UK’s [UPC] participation.”
      –Anonymous
Mathieu Klos from Juve wrote that “CIPA has a strong preference for UK to participate, if a solid legal basis can be agreed http://www.cipa.org.uk” (obviously CIPA wants it, but it should hardly be a dot org, it’s just a front group of the patent microcosm).

Here is what WIPR, a London-based site, wrote about it [1, 2]. AIPPI is the second UPC propaganda event in less than a month (the first one was set up by the London-based Managing IP (MIP) [1, 2, 3, 4]). Team UPC’s lobbying is now on overdrive, several months after Brexit and about a year away from the end of Battistelli. “At the Managing IP European Patent Forum in Munich on September 6,” one attendee told us, “a senior partner from Marks & Clerk, after [the EPO's] Margot Fröhlinger’s talk, asked the audience how many people thought that the UK would ratify the UPC. Not one single person raised their hand. That never made it into the MIP write up!”

“…a senior partner from Marks & Clerk, after [the EPO's] Margot Fröhlinger’s talk, asked the audience how many people thought that the UK would ratify the UPC. Not one single person raised their hand. That never made it into the MIP write up!”
      –Anonymous
Wonderful, isn’t it? Agenda masqueraded as reporting. We advise readers — whether they’re connected to the EPO or not — to ignore all the UPC noise in ‘IP’ media. A lot of it is paid-for nonsense. There’s a lot of PR money coming out of Battistelli's palm at the expense of the EPO and it is just the EPO and Team UPC (and their large clients) who are trying to bamboozle us again. Self-fulfilling prophecy tactics would have us believe that UPC isn’t dead even when it is.

“I’d like to see politicians working to shoot down the UPC,” I told this person today (Walter van Holst speaking about the secretive CETA), “but the patent cartel hides it from them, then misleads them and pleading for ratification.”

Not only European firms are doing this. Here is Fish & Richardson PC from the US sticking its nose with “Legal Alert: A Path to the UPC” (alarming and misleading headline).

“Unless Milan renames itself “London” the UPC in its present form is dead and buried.”To quote their conclusion: “In other UPC and UP news, the lower house of Italy’s parliament approved legislation this past week, which would permit Italy’s ratification of the UPC Agreement. Milan is a leading candidate to replace London as the site of the UPC central division that will deal with life sciences patent litigation, if the UK no longer participates in the UPC.”

This will never work. Unless Milan renames itself “London” the UPC in its present form is dead and buried. “A UPC post-Brexit will take years to build and not just because of the UK,” one person remarked, “keep an eye on Germany too.”

“At best,” said IAM’s editor (typically one of the most vocal proponents of the UPC), “UPC likely to be significantly delayed by Brexit. At worst? Well, current system suits Germany fine :-)”

“Why would anyone listen to these people whose track record when it comes to truth is so poor?”One might think that this sobering take from IAM would be enough to quiet down/silence Team UPC, but firms like Bristows invested so much in the UPC that they’ll cling onto anything within reach. Bristows are, as expected, at it again with UPC promotion, showing their utter disregard for democracy both in the UK and in the EU. Judging by this report from IAM (mentioned here with sneaky remarks ensuing), Bristows still leads the charge. To quote a written account from AIPPI: “Testament to the interest – and concern – of the IP community in what the future holds for the UPC and unitary patent was that the first of two sessions on the subject was packed out despite being held at 8:30 on a Sunday morning. The second session will be held tomorrow morning and is split into two parts. The first will look specifically at what Brexit means for the UPC, while the second will be a UPC mock trial. I caught up with the moderator of the trial, Alan Johnson, partner at London based law firm Bristows and chair of the AIPPI’s unitary patent/UPC committee, to discuss where we go from here.”

Kluwer UPC ‘News’, another prominent element of Team UPC, also pressed the UK to ratify two days ago [via Bastian Best]. This nonsense from Team UPC would have us believe that UPC can become a reality without the UK (to begin with). It cannot. Look at how it’s written.

“Team UPC actually advertised UPC jobs that did not exist and probably will never exist.”“Team UPC is inherently antidemocratic, as it has repeatedly proven,” I told Benjamin Henrion after he had called it “the sign of an undemocratic system.” It is so similar to what is happening when it comes to trade deals, as Henrion noted separately.

Why would anyone listen to these people whose track record when it comes to truth is so poor? Team UPC actually advertised UPC jobs that did not exist and probably will never exist. They allocated and set up a court in London before there was even ratification. What a nerve they have. Is there a penalty for bogus job advertisements?

The EPO’s ‘Investigative’ Function is Totally Out of Control and Continues to Get Bigger, Whitewashed by So-called ‘Review’

Posted in Europe, Patents at 12:30 pm by Dr. Roy Schestowitz

Like his political ilk in France, Battistelli is a “big government” proponent who does not mind even torturing people (as if his personal ends justify the means)

Gestapomen following the white buses

Summary: An update on the situation which still causes great unrest at the European Patent Office (EPO), namely abuse of staff by the so-called Investigative Unit (Eponia’s equivalent of unaccountable secret services)

An article about the EPO’s Investigative Unit has been long overdue. It’s like the goons or thugs of the Office, or the militant guards of Team Battistelli, which are complemented by a fleet of bodyguards in spite of low threat levels. Staff is subjected to scans as though it is boarding a plane and sometimes subjected to psychological torture. Almost everyone we hear from says that working for the EPO is a nightmare if not torture; some seriously think about leaving. They can’t take it anymore. It wasn’t always the case; Battistelli made it so. Over the past couple of years the EPO has been acting like a frightened state with secret services and armed bodyguards, not like a public service or institution. We already published a series of articles about it last year [1, 2, 3, 4, 5, 6, 7]. Nothing at all has changed for the better; in fact, things have gotten even worse. Things continue to exacerbate and lying has become so chronic that next month there will be a whole “report” and “conference” to tell the world that EPO staff is happy. Even North Korea has not yet stooped this low…

“External quality review of the EPO investigative function” was not too long ago sought by particular EPO workers. “The administration has started an “external quality review of the EPO investigative function”,” they wrote, and one “can find an in-depth analysis of the investigation guidelines and the functioning of the Unit…”

We have made a local copy of it [PDF]. The document is 14 pages long so we haven’t converted it to HTML. Instead, “short observations on the review process” can be found below:

Investigating the EPO Investigative Unit – a peer review?

Introduction
When the Investigation Guidelines were adopted, a review was foreseen after three years, i.e. early 2015. At the time Mr Battistelli did not seem interested. That has changed: in its December meeting the Administrative Council insisted on a review, not only of the Guidelines but also of the Unit itself. Ms Bergot has now informed the CSC that an external review of the EPO quality function will soon take place. That could be good news, or it could be a white-washing exercise.

External review of the WIPO Investigation Function
Interestingly, a very similar review has taken place in WIPO only half a year ago. The external reviewers were a “senior investigation officer” from an UN organization, Mr Sébastien Godefroid and Mr Claudio Zanghi, head of the EPO Investigative Unit. The EPO Investigative Unit is hardly a best practice example. Maybe not surprisingly the report recommends strengthening the WIPO Investigative Unit by hiring staff, providing less information to the accused, and making access to electronic data easier. Data protection issues are not even mentioned in the report.

External review of the EPO Investigation Function
The two external reviewers selected by the EPO are Mr James Finniss, who is currently Deputy Director of the Investigation Division of the UN Office of Internal Oversight Services (OIOS), and Ms Olivia Graham who is Ethics Officer at the International Monetary Fund, i.e. both are working for international governmental organisations. This almost certainly means that the standards applied will be those common in such organisations. Almost all international organisations show a lack of transparency (excess demands of confidentiality), a lack of accountability (no truly independent overview, immunity of suit) and a lack of respect for staff rights (fundamental rights, labour rights, data protection e.a.). The circle of investigators working in international organisations is furthermore rather small. They form a rather tight-knitted community: they regularly visit each other, meet at conferences etc. To have this relatively small group of people assessing each other in turn would not seem the best way to guarantee independence.

To quote from the corresponding PDF:

The application of Circular No. 342 in practice has confirmed fears expressed by staff representatives prior to its introduction. The Circular has been used to transform the EPO into a “police state”. The most relevant issues in this regard are summarised in the present document. In particular, it is noted that investigators are immune from any independent external control or oversight and there is no effective means for holding them to account for any irregular or otherwise disproportionate actions involving breaches of internal EPO regulations or national law.

Regarding so-called investigators — the ones whose jobs were advertised almost a year ago — a couple more got hired and “the general reaction is,” according to a source of ours is: “Hell, another bunch of parasites we have to feed” (people who produce nothing).

Big government, eh?

“The boards of appeal,” our source added, “will lose some relatively young members due to retiring.” We guess they know what’s coming. We don’t think there are any job openings advertised at present for the boards. This, perhaps, is just what Battistelli prefers. As the UPC won’t happen (at least not any time soon), Battistelli is now stuck between a rock and a hard place. The Office is collapsing and there’s no remedy. They’re scaring away all the skilled people and are unable to recruit equally-skilled replacements. Europe will suffer.

Microsoft and Patent Law Firms in the United States Can’t Stop Writing About McRo in a Coordinated Push to Resurrect Software Patents

Posted in America, Microsoft, Patents at 11:54 am by Dr. Roy Schestowitz

Although not centrally orchestrated (top-down/peer coordination), the patent microcosm in the US knows what it is trying to accomplish

A grave's stone

Summary: Microsoft is pursuing more Linux ‘patent tax’ (using software patents) and patent law firms are preoccupied flooding the media with their shameless self-promotion which is also software patents promotion

OVER the past week we repeatedly wrote about our expectation which turned out to be true. McRO has truly become the latest go-to case when a patent law firm tries to fool software developers into pursuing patents on algorithms, even in a climate that is so hostile towards them. One aspect of it which we mentioned here twice before was Microsoft’s role. Here is a direct link to what Microsoft said in its lobbying blog (later cited by numerous Microsoft advocacy sites, in order to give it the veneer of “news” or “report”). From the company that brought us patent lawsuits against Linux, e.g. Microsoft v TomTom comes yet more advocacy of software patents. And they tell us that they “love Linux”? This may mean that Microsoft would be happy also with the CAFC case that it lost to Enfish, as this outcome was desirable for software patents in general. In other related news, this new report from the Microsoft-friendly IAM, citing another report from Korea, reminds us that Microsoft wants more money from patents, now in terms of a refund of tax. This probably alludes to taxation on money from LG and Samsung, which both surrendered to Microsoft nearly a decade ago. Microsoft signed patent deals specifically covering their use of Linux (we covered this in 2007) and Microsoft now wants more money from this extortion (using software patents which are probably not even valid) and is suing the Korean authorities for it. What a bunch of thugs. ‘New’ Microsoft they say? Loves Linux? What a load of nonsense. To quote IAM: “Korean newswire Pulse recently reported that Microsoft had filed a claim with the country’s internal revenue services requesting the return of 600 billion won ($533.1 million) in corporate taxes it had been charged on patent licence fees and royalties paid to it by Korean businesses. The US company argued that it had been taxed on licences relating to patents covering jurisdictions other than South Korea, when the government of that country should only be able to collect revenue on patents applied for and issued domestically.”

Put in very simple terms, Microsoft, which is openly calling for more software patents, continues to use these to tax Linux and wants even a higher share of the money squeezed out of successful companies. Microsoft has attacked Linux users with software patents for about a decade (raising the costs of everything) and now it sues the Korean tax authorities to get additional extortion money. Coming from one of the world’s biggest tax evaders, which also got caught engaging in financial fraud, surely this takes some nerve and audacity. One can only hope Microsoft layoffs will accelerate fast enough to remove it from the planet (there have been Microsoft layoffs for a while and this month there are Microsoft layoffs in the UK). Recall that Microsoft also pays David Kappos to help resurrect software patents, in his capacity as former Director of the USPTO. It may not be classic bribery but lobbying. He is one of the fiends responsible for the biggest software patents push right now; he is a malicious, greedy man. Software patents remain a key issue that determines success/failure of FOSS; Section 101 is a possible solution and they try to put an end to it. We need to work against a huge patent microcosm which plays dirty behind closed doors. Unpatent is “fighting the smoke rather than the base of the flames,” told me one person yesterday and the President of the FFII thinks so too. Unpatent has good intentions, no doubt (I spoke to its founder several times), but it won’t ever work towards resolving big issues like this massive lobbying push which targets or strives for purely legislative changes (system-wide).

So who else is promoting McRO this week? Pretty much everyone who would be profiting from an upswing in software patents. Here is Watchtroll promoting software patents again (in the form of a “Free Webinar”) and here are some so-called ‘analyses’ or articles from today and yesterday. To quote just the headlines, “Widely Watched Federal Circuit McRO Decision Holds Certain Software Claims to Be Patent Eligible”, “McRo v. Bandai: Evidence related to claimed improvement is key to whether claims are directed to an abstract idea”, “Important Federal Circuit Decision Provides More Clues On Software Eligibility”, “Important Federal Circuit Decision Provides More Clues On Software Eligibility”, “Federal Circuit Highlights Claim Construction in Patent Eligibility Analysis”, “What the Federal Circuit’s Decision in McRO v. Bandai Could Mean for Computer-Based Inventions and Other Innovations”, “McRO v. Bandai: Latest Federal Circuit § 101 Decision Breathes New Life into Software Patents”, “McRO v. Namco – Fed. Cir. Reverses s. 101 Invalidation of Animation Method Patents”, “Important Federal Circuit Decision Provides More Clues On Software Eligibility”, “Federal Circuit is In Sync with Patent’s Validity Under Section 101″, “Gone Enfishing: Software Patentees Reel in Another Huge Win at the Federal Circuit”, and “Widely Watched Federal Circuit McRO Decision Holds Certain Software Claims to Be Patent Eligible”. Every single one of these was published by a patent law firm and they effectively flood news feeds with these (the signal, or actual journalism covering this case, has been washed away by now). These people are just trying to attract clients and we are still seeing lots of these patent law firms piggybacking McRO to promote software patents and make their sales pitch. Judging by what happened after Enfish, this can carry on for weeks to come. Utterly misleading and self-serving — that’s what it all about. This perturbs public understanding of the case. There is hardly even any pretense of balance when it comes to software patents whenever patent law firms just try to sell us more lawsuits.

The patent laws we have typically get written by politicians who are lawyers and lobbyists, not scientists like software developers, hence the sordid state of affairs. Watch how Bilski Blog is attempting to discredit courts for not understanding science, as if patent law firms are that much better at it. From the latest part of “Bad Science Makes Bad Patent Law”:

The Supreme Court in Mayo acknowledged that “Courts and judges are not institutionally well suited to making the kinds of judgments needed to distinguish among different laws of nature.” Indeed. And it is precisely because the courts cannot make such distinctions, that the Supreme Court needs to correct the problem it created by adopting a more scientifically coherent approach to laws of nature.

It’s been argued that it’s too soon for the Court to take up another patent eligibility case, having only recently decided Alice. But it’s been just over four years since the Mayo decision. The Supreme Court “corrected” Parker v. Flook (1978) only three years later in Diamond v. Diehr (1981). And fixing this problem is necessary before more patents (and patent applications) are improperly invalidated for important inventions in diagnostics and treatments.

The Court had that opportunity in Ariosa but it denied Sequenom’s cert. petition. Now the Court has the opportunity again. Genetic Technologies has filed for certiorari. The Court should take up the case for the reasons I’ve articulated in these posts.

More specifically, the Court can address two issues. First, the Court can articulate a more complete and “patently” useful definition of a law of nature. In the past, the Court has expressed a particular distaste for bright line rules in the patent law, preferring instead flexible standards. Consider the Court’s rejection of the “machine-or-transformation” test in Bilski, and the rejection of the “teaching-suggestion-motivation” test in KSR. However, the Court’s current definition is such a bright-line rule, by making any natural relationship a de jure law of nature. A revised definition need not be perfect, only more in concert with current scientific theory and practice.

Australia, which still has issues with software patenting (developers of software oppose these, but they have little or no impact on the law), inherits a lot of the ills of the US patent system. One patent law firm from Australia asks, “Does Australia Have a (US-Style) Two-Step Test for Patent-Eligibility?” These systems are inherently different, but proponents of software patents (like the author in this case) try to assimilate them. To quote:

In its Mayo/Myriad/Alice series of cases, the US Supreme Court has established a two-step test in order to determine whether a claimed invention defines patent-eligible subject matter or not. In the first step, the claims are examined to determine whether they are ‘directed to’ a patent-ineligible concept, i.e. an abstract idea, law of nature or natural phenomenon. If not, then the subject matter of the invention is eligible for patenting. Otherwise, the analysis proceeds to step two, in which the claims are further analysed to determine whether or not they comprise some additional element, or combination of elements, that is ‘sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the [ineligible concept] itself.’

That latter part alludes to the loophole often used inside the EPO or even in New Zealand. it often seems as though the USPTO gets more similar to what used to be the EPO while the EPO becomes more like the USPTO pre-Alice. In fact, some people theorise that Battistelli is trying to attract the bottom of the barrel by welcoming all the worst patent applications which even the USPTO would reject. This is a recipe for disaster.

As an aside, there is pressure to impose software patents on countries that don’t formally have them. For instance, the media in Taiwan says that the ITC “launches probe into alleged patent infringement by Advantech,” noting that based on “the complaint filed by Rockwell in August, the three accused firms violated the U.S. law by importing into the U.S. market and selling industrial control system software, systems using the same, and components that infringe upon patents…”

These are software patents by the sound of it. These threaten to embargo physical products from Taiwan, where some of the best products are made (in several sectors). So much for innovation…

For Abuse Like Plagiarism and Malpractice, the US Patent System is Still World Champion

Posted in America, Patents at 10:45 am by Dr. Roy Schestowitz

When all that seemingly matters is money, not innovation and society’s wellbeing…

Coins

Summary: Low patent quality, abusive litigation (e.g. by patent trolls) and various other elements that globally discredit the USPTO are only symptoms of a wider problem, which is a greedy system motivated by neo-liberal values rather than professionalism and servitude

YESTERDAY we wrote about patent lawyers that had engaged in plagiarism during the preparation of documents like briefs. It put patent lawyers in a not-so-flattering light and today we have this article about an outcome that says plagiarism of this kind of definitely not Fair Use, which means that some patent lawyers, who insist on respect for patent law, do not respect copyright law. To quote:

We’ve talked about online electronics retailer Newegg quite a few times here on Techdirt, usually in the context of its noble fight against patent trolls. I, personally, have a lot of respect for Newegg’s Chief Legal Officer, Lee Cheng. So it surprised me a bit to see that Newegg is suing another lawyer for copyright infringement on one of its briefs. And, so far Newegg is winning, as the judge has ruled that using the brief is not fair use.

The details here do matter. The defendant, lawyer Ezra Sutton, had worked alongside Newegg in one of the many patent troll lawsuits. Sutton was representing another company sued in the same lawsuit as Newegg by a patent troll, Adjustacam. They had won the case against the troll, and both Newegg and the company Sutton represented, Sakar International, filed motions seeking attorneys’ fees.

It was Patently-O that earlier on wrote about this topic and it now has this new article about patent malpractice in which it’s said:

The malpractice claim arose out of an interference proceeding and has an interesting twist. The lawyer needed to claim priority to an earlier-filed Japanese patent application that had been domesticated through a PCT. The Japanese application and the PCT were in Japanese. Regulations required that a motion to claim benefit had to include English translations of the earlier applications in the claim. The lawyer filed a US translation of the (first-filed, obviously) Japanese application, but not the PCT.

The Board awarded the earlier Japanese filing date. Seed won.

The Federal Circuit reversed. It held that without the English translation of the PCT, the Board erred in awarding giving the application the filing date of the Japanese application, and, as a result, Seed lost the interference.

Hence the malpractice case.

This article speaks of a Japanese application, i.e. application from the new hotbed of patent trolling (we wrote about this earlier this month). It seems clear that some of the abusive elements which the USPTO became infamous for are now penetrating east Asia, not just Europe (because of Battistelli with the direction he chose for the EPO). China’s patent bubble, for example, is truly a problem — an observation that even a new survey seems to support.

We often write about the EPO and frequently complain about the decline of patent quality there, not just alleged fraud. Expect us to write a lot more about it in the days or weeks to come. The EPO is gradually becoming another USPTO (and it’s not a compliment).

Links 20/9/2016: GNOME 3.22 Preview, Absolute 14.2 Released

Posted in News Roundup at 8:59 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • Why China is the next proving ground for open source software

    Western entrepreneurs still haven’t figured out China. For most, the problem is getting China to pay for software. The harder problem, however, is building software that can handle China’s tremendous scale.

    There are scattered examples of success, though. One is Alluxio (formerly Tachyon), which I detailed recently in its efforts to help China’s leading online travel site, Qunar, boost HDFS performance by 15X. Alluxio CEO and founder, Haoyuan Li, recently returned from China, and I caught up with him to better understand the big data infrastructure market there, as China looks to spend $370 million to double its data center capacity in order to serve 710 million internet users.

  • Samsung releases Open Source HbbTV media player

    Samsung Electronics announced that its Hybrid broadcast broadband TV (HbbTV) media player will be available as an open source project named HbbPlayer on github, an open source developer community. This will enable broadcasters and application developers who are writing HbbTV applications to test and validate them on a platform which can be implemented on any HbbTV 1.5-compliant TV.

  • How to make Open Source work for you

    Business today is all about adapting, pivoting and expanding quickly. With market conditions changing ever so rapidly, open source has become the key to helping companies modify their solutions while keeping their IT expenditures and development time to a minimum.

    Today, we’re starting to see a new crop of developers who grew up using open source methodologies to develop open source components. As these developers make their way into enterprise IT departments, they’re bringing their familiarity with and desire for open source with them.

    Accordingly, we’ve been seeing tremendous amounts of innovation come from open source projects. The focus of many open source projects is on helping to solve the complex technology challenges that most businesses face today such as how to work with big data and how to build the best cloud applications.

    So how can and should enterprises go about making open source work for them in the best way possible? Here are some factors to take note of.

  • Do you have a business or a hobby? Open source versus proprietary in the real world

    The open-source world is an endlessly interesting and exciting place for developers. The inventory of technologies is always growing, and bleeding-edge software platforms often debut in open source marketplaces. For these same reasons, however, enterprises can grow weary of open source, a seemingly endless tweaking and tinkering game to customize software for business purposes. Some say a proprietary solution that utilizes open source is preferable for businesses that need to make moves in real life.

  • Events

    • Manchester GNOME 3.22 Release Party – Friday 23rd Sept. @ MADLab [Ed: we're planning to be there.]
    • LAS (Libre Application Summit) GNOME Conference Takes Place September 19-23

      Today, September 19, 2016, was the first day of the first-ever LAS (Libre Application Summit) GNOME open source conference for GNU/Linux application developers.

      As you might have guessed already, the event is being organized by the GNOME Project, the same non-profit organization that’s behind the popular GNOME desktop environment used in numerous Linux kernel-based operating systems around the globe, and an important part of the Free Software ecosystem.

      LAS (Libre Application Summit) GNOME conference’s main goal is to encourage the growth of the Linux application ecosystem among small and medium-sized businesses, as well as various educational institutions. It also aims to expand the collaboration between the Linux kernel and major GNU/Linux operating systems.

    • Headed to LAS GNOME!

      By the time this gets posted on the blog, I will be headed to LAS GNOME. I’m really looking forward to being there!

      I’m on the schedule to talk about usability testing. Specifically, I’ll discuss how you can do usability testing for your own open source software projects. Maybe you think usability testing is hard—it’s not! Anyone can do usability testing! It only takes a little prep work and about five testers to get enough useful feedback that you can improve your interface.

    • Fedora 24 release party in Paris
    • HackMIT

      One of the core missions of a Fedora Ambassador is to represent the Fedora Community at events. On the weekend on September 17 and 18, 2016 I attended HackMIT as a representative of Fedora with Justin Flory. I was also honored to serve as a mentor to several teams.

    • Tickets for systemd 2016 Workshop day still available!

      We still have a number of ticket for the workshop day of systemd.conf 2016 available. If you are a newcomer to systemd, and would like to learn about various systemd facilities, or if you already know your way around, but would like to know more: this is the best chance to do so. The workshop day is the 28th of September, one day before the main conference, at the betahaus in Berlin, Germany. The schedule for the day is available here. There are five interesting, extensive sessions, run by the systemd hackers themselves. Who better to learn systemd from, than the folks who wrote it?

    • [LPC] Preliminary Microconference Schedule Up

      Every year we get a number of constraints on Microconferences which we try hard to accommodate. Accounting for all of those, we’ve put the preliminary schedule up here. If you notice any problems, please email contact@linuxplumbersconf.org and we’ll try to fix it

      Also note, this is preliminary, the Microconferences may still move around as we get requests to change them. Also note that the times of talks within Microconferences is highly likely to change (please see the MC leaders if you want this to change).

    • World Port Hackathon 2016 concludes successfully

      Last month, the fourth edition of the World Port Hackathon took place in Rotterdam. Several teams worked on problems identified by representatives of the port community in workshops leading up to the hackathon. This year’s event was organised in co-creation with the Maritime and Port Authority (MPA) of Singapore.

    • Nexenta to Showcase Its Open Source-driven Software Defined Storage Solutions at OpenStack Days Nordic 2016
  • Web Browsers

    • Mozilla

      • Firefox 49.0 Is Now Available

        While being delayed one week due to last-minute bugs, Firefox 49.0 is now available this morning.

        Firefox 49 ships with Linux Widevine support for handling this CDM similar to the existing Windows support for being able to play more protected HTML5 video content.

      • Mozilla emits JavaScript debugger for Firefox and Chrome

        Mozilla developers have released a new JavaScript debugger for Firefox.

        It’s hoped the new “Debugger.html” will replace todays XUL-based debugger, which the project’s Bryan Clark describes as “incredibly hard to change”.

        That may not necessarily happen, because Clark notes there’s another team in Firefox that’s working on refactoring the existing debugger code.

  • Oracle/Java/LibreOffice

    • Oracle pledges continued support for Java and NetBeans

      Last week, Oracle disowned NetBeans. The company announced it was turning its Java-based NetBeans over to the Apache Software Foundation. Now, Oracle is changing its tune on both NetBeans and Java Enterprise Edition (JEE).

      Oh, don’t get me wrong. Oracle still doesn’t want to manage NetBeans. But Oracle claims it’s not just dumping the NetBeans integrated developer environment (IDE) code. In an email, Bill Pataky, VP of Oracle Mobile Development Program and Developer Tools, told me, “Oracle is opening the governance model of NetBeans, not dropping support. Oracle has three products that depend on NetBeans.” These are:

  • Education

  • Healthcare

    • How a free mobile app fights Ebola and other global epidemics

      Luckily an open medical record platform already existed: OpenMRS. In 2015, Save the Children International identified the need for medical data collection in the Ebola treatment centers and reached out to the OpenMRS community. Around the same time, Google Crisis Response and Doctors Without Borders were working on a similar project Project Buendia, an Android client built on top of an OpenMRS server.

      Founded in 2004, OpenMRS is a free, modular open-source electronic medical record platform used in more than 60 low- and middle-income countries. As the OpenMRS site explains, OpenMRS is a multi-institution, non-profit collaborative led by Regenstrief Institute, a medical informatics research leader, and Partners In Health, a Boston-based philanthropic organization with a focus on improving the lives of underprivileged people worldwide through health care service and advocacy.

      OpenMRS includes many features out of the box, such as a centralized dictionary that allows for coded data, user authentication, a patient repository, multiple identifiers per patient (i.e., patient can have multiple medical record numbers), data entry for electronic forms, data export, patient workflows (so patients can be put into programs and tracked through various states), relationships (to track relationships between two people, such as relatives and caretakers), and reporting tools. Add-on modules are also available or can be developed.

  • Pseudo-Open Source (Openwashing)

  • Funding

  • FSF/FSFE/GNU/SFLC

  • Licensing/Legal

    • LLVM contemplates relicensing

      The LLVM project is currently distributed under the BSD-like NCSA license, but the project is considering a change in the interest of better patent protection. “After extensive discussion involving many lawyers with different affiliations, we recommend taking the approach of using the Apache 2.0 license, with the binary attribution exception (discussed before), and add an additional exception to handle the situation of GPL2 compatibility if it ever arises.”

  • Openness/Sharing/Collaboration

    • Netflix’s Meridian, an open source benchmark disguised as a original program

      The 12 minute long Netflix Original “Meridian” might not be the most exciting program they’ve ever released but it is among one of the most interesting. The program is available to anyone, via the Creative Commons license they attached to it, up to an including competitors such as iTunes and Hulu. This seemly strange move is because it is actually a benchmark for encoding streamed video and the more people that see it the more information Netflix and others will gain. It is originally filmed in 4k resolution at 60fps, which is far more than most displays can handle and much larger than residential data infrastructure is used to handling.

    • Vienna, KDZ release Open Government Implementation Model

      The City of Vienna and KDZ have released version 3.0 of their Open Government Implementation Model to the public in German as well as English. The Model describes five stages of a strategy as well as practical recommendations for politicians and administrations to implement open government.

    • Open Data

      • Tube Heartbeat open data project reveals pulse of London Underground

        Oliver O’Brien, a Senior Research Associate at University College London (UCL), has created a wonderful visualisation of the volume of passengers traveling the London Underground on a typical workday. His Tube Heartbeat project builds on the outcomes of the TfL Rolling Origin and Destination Survey (RODS), which was made publicly available under the UK Open Government Licence (OGLv2). It shows the numbers entering and exiting each of the 268 stations and the numbers traveling each of the 762 links in between.

Leftovers

  • Science

  • Hardware

    • We tear apart a hard drive and SSD to show you how they work

      It’s the day everybody dreads: You power up your PC and it sits dormant, failing to boot because your hard drive or SSD is dead. But after you stop cursing and reaching for your backups—you do create backups regularly, right?—you might as well make the best of things.

      There’s a world of small wonders hidden inside every storage drive if you take the time to dig around. Since storage drives die far less frequently than they used to, the opportunities for dissection are rare. So we’ve broken out our screwdrivers and dissected both a solid-state drive and a traditional hard drive for you, to reveal what makes them metaphorically tick. If your drives start actually ticking, back up your data now and start looking for a new one pronto.

  • Security

    • Security advisories for Monday
    • Why do we do security?

      I had a discussion last week that ended with this question. “Why do we do security”. There wasn’t a great answer to this question. I guess I sort of knew this already, but it seems like something too obvious to not have an answer. Even as I think about it I can’t come up with a simple answer. It’s probably part of the problems you see in infosec.

      The purpose of security isn’t just to be “secure”, it’s to manage risk in some meaningful way. In the real world this is usually pretty easy for us to understand. You have physical things, you want to keep them from getting broken, stolen, lost, pick something. It usually makes some sort of sense.

    • New release: usbguard-0.6.2
    • DNSync

      While setting up my new network at my house, I figured I’d do things right and set up an IPSec VPN (and a few other fancy bits). One thing that became annoying when I wasn’t on my LAN was I’d have to fiddle with the DNS Resolver to resolve names of machines on the LAN.

    • The Cryptographic Key That Secures the Web Is Being Changed for the First Time

      Soon, one of the most important cryptographic key pairs on the internet will be changed for the first time.

      The Internet Corporation for Assigned Names and Numbers (ICANN), the US-based non-profit responsible for various internet infrastructure tasks, will change the key pair that creates the first link in a long chain of cryptographic trust that lies underneath the Domain Name System, or DNS, the “phone book” of the internet.

      This key ensures that when web users try to visit a website, they get sent to the correct address. Without it, many internet users could be directed to imposter sites crafted by hackers, such as phishing websites designed to steal information.

    • Oracle will acquire cloud security vendor Palerra [iophk: "one cannot vend security"]
  • Environment/Energy/Wildlife/Nature

    • IN PHOTOS: Copenhagen holds car-free day

      The car-free day began with the Copenhagen Half Marathon, where roughly 22,000 runners pounded the pavement for 21.0975 kilometres on a course that began at Fælledparken in Østerbro and wound its way through Nørrebro, Frederiksberg and the inner city.

    • Six US States Declare Emergency after Major Gasoline Pipeline Spill; Media Almost Silent

      The Colonial Pipeline spill has caused 6 states (Tennessee, Virginia, Georgia, South Carolina, Alabama, and North Carolina) to declare a state of emergency. Gasoline (petrol) prices on the east coast are likely to spike. Yet, most puzzling is how this vast emergency and its likely effect on cost of living has gone unnoticed by mainstream media outlets. The pipeline is owned by Koch Industries: is this why the media is silent?

    • Haze from Indonesian fires may have killed more than 100,000 people – study

      A smog outbreak in Southeast Asia last year may have caused over 100,000 premature deaths, according to a new study released Monday that triggered calls for action to tackle the “killer haze”.

      Researchers from Harvard and Columbia universities in the US estimated there were more than 90,000 early deaths in Indonesia in areas closest to haze-belching fires, and several thousand more in neighbouring Singapore and Malaysia.

    • Study estimates 100,000 deaths from Indonesia haze

      Indonesian forest fires that choked a swath of Southeast Asia with a smoky haze for weeks last year may have caused more than 100,000 deaths, according to new research that will add to pressure on Indonesia’s government to tackle the annual crisis.

      The study by scientists from Harvard University and Columbia University to be published in the journal Environmental Research Letters is being welcomed by other researchers and Indonesia’s medical profession as an advance in quantifying the suspected serious public health effects of the fires, which are set to clear land for agriculture and forestry. The number of deaths is an estimate derived from a complex analysis that has not yet been validated by analysis of official data on mortality.

      The research has implications for land-use practices and Indonesia’s vast pulp and paper industry. The researchers showed that peatlands within timber concessions, and peatlands overall, were a much bigger proportion of the fires observed by satellite than in 2006, which was another particularly bad year for haze. The researchers surmise that draining of the peatlands to prepare them for pulpwood plantations and other uses made them more vulnerable to fires.

    • Think California’s current drought is bad? Past incarnations have lasted hundreds of years

      California is now five years deep into one of its most severe droughts on record, and scientists are continually probing the different factors that affect the state’s climate, and how much those are related to the overall warming of the globe. Increasingly, this means looking back into the past for clues about how the region has changed over the last few thousand years and what influences might shape its future.

      In this connection, new research published Thursday in the journal Scientific Reports suggests the Pacific Ocean may play a bigger role than anyone thought — and an unexpected one. Moreover, it suggests that massive long-term droughts can hit the region in conjunction with cycles of ocean warming and cooling — and that if these patterns continue to hold, another megadrought could lie in the future.

      “What this paper provides is a new analysis of the link between what happens in the ocean and what happens in terms of the water availability on the land,” said Noah Diffenbaugh, a climate system expert at Stanford University, who was not involved with the new study.

  • Finance

  • AstroTurf/Lobbying/Politics

    • Tom Watson plot to rid Labour of registered supporters in bid to stop Left-wing seizing leadership again

      Tom Watson has unveiled plans to axe Labour’s registered supporters and give MPs a greater say in appointing the party’s future leaders in a bid to prevent another Left-wing takeover.

      The deputy leader is also taking plans to Labour’s ruling body today which would see the return of shadow cabinet elections in which more moderate MPs could enter Jeremy Corbyn’s top team.

    • I Protected Hillary Clinton In The Secret Service – Here’s Why Her ‘Fainting’ Video Really Scares Me

      I protected First Lady Hillary Clinton, President Bill Clinton, and their family while I served in the Secret Service Uniform Division as an officer from 1991-2003.

      By now, you have most likely seen the startling video of Hillary Clinton ‘fainting.’ Through the lens of my 29-year-career in The Service, I can see what a naked-eyed media pundit cannot: There is something seriously wrong with Mrs. Clinton.

      Pneumonia or overheating are highly suspect excuses and I’ll explain why.

      My analysis is not partisan. I cared for and protected the Clintons for many years. It was my duty to guard Mrs. Clinton in the Secret Service and I was so close to the First Family that the Supreme Court subpoenaed me to testify on the details of Bill Clinton’s late-term scandals.

    • What Are They Afraid Of?

      If all the major TV networks got together and decided to televise a presidential debate restricted to Republican nominee Donald Trump and Libertarian candidate Gary Johnson, while barring Democrat Hillary Clinton, it would be recognized as an act of media bias. But what if the debates this fall are restricted to just Trump and Clinton? That, too, needs to be recognized as an intentional act of media exclusion.

      Since 1988, televised presidential and vice-presidential debates have been controlled by a private organization with no official status: the Commission on Presidential Debates. The commission grew out of a deal cut in the 1980s by GOP and Democratic leaders. Today, even though the U.S. public largely distrusts the two major parties’ presidential candidates, TV networks seem willing to let them again dictate the terms of debate, including who gets to participate.

      Presidential debates have been televised in every campaign since 1976. (They rarely happened before then; the Kennedy-Nixon debates of 1960 were an exception.) From 1976 through 1984, they were sponsored and run by the nonpartisan League of Women Voters. In 1980, the League insisted on including independent candidate John Anderson.

      In 1985, the national chairs of the Democratic and Republican parties, Paul Kirk and Frank Fahrenkopf, signed an agreement that referred to future debates as “nationally televised joint appearances conducted between the presidential and vice-presidential nominees of the two major political parties. . . It is our conclusion that future joint appearances should be principally and jointly sponsored and conducted by the Republican and Democratic Committees.”

    • How Trump May Win Ohio and Pennsylvania

      The every-four-years parade of east coast journalists trooping out into the Rust Belt of Ohio, Pennsylvania, Indiana, West Virginia and their neighbors has begun.

  • Censorship/Free Speech

  • Privacy/Surveillance

  • Civil Rights/Policing

    • Just under 30 percent of French Muslims reject secular laws – poll

      Just under 30 percent of France’s 3 to 4 million Muslims reject the country’s secular laws, according to an Ifop poll published by the French weekly Journal du Dimanche.

      When asked if they considered the Islamic legal and moral code of sharia to be more important than the French Republic’s laws, 29 percent of respondents answered “yes.”

      The poll found that 20 percent of male Muslim respondents and 28 percent of female Muslim respondents were in favour of the face veil, the niqab, and of the burqa which covers both face and body.

      Another 60 percent said they were in favour of letting girls and women wear a head scarf at schools and universities which is forbidden at France’s secular public institutions.

    • ‘No matter the price’, Amal Clooney seeks justice for Yazidi sex slaves

      Islamic State militants who have enslaved, murdered and raped Yazidi women and children must be brought to justice, no matter the price, international human rights lawyer Amal Clooney said on Monday.

      Clooney, a barrister at Doughty Street Chambers in London, is on a mission to prosecute the Islamist group through the International Criminal Court for their crimes against the Yazidi community.

      She announced in June she would represent Yazidi women in Iraq who have been victims of sexual slavery, rape and genocide by Islamic State militants, also known as ISIS.

    • Black man shot by Tulsa police had hands ‘in the air,’ says pastor who reviewed video of the shooting

      A 40-year-old black man who was fatally shot by a Tulsa police officer had his hands up and appeared unarmed when one officer Tasered him and another fired at him, according to a local pastor who reviewed footage of the incident Sunday.

      The department hasn’t commented publicly on the video or said whether police recovered a weapon from the scene.

      Terence Crutcher died in the hospital Friday evening after being shot once, Tulsa police told the Associated Press. Police said two officers found Crutcher standing by his SUV, which had broken down in the middle of the road.

      As Crutcher approached the officers, he refused commands to raise his hands and instead reached into the vehicle, AP reported police saying. At that point, one officer fired a Taser and another fired a round, police told AP.

  • Internet Policy/Net Neutrality

    • How Pirates Shaped The Internet As We Know It

      Today is “International Talk like a Pirate Day.” While it’s a lot of fun to act like a pirate, drink rum and catch up on Errol Flynn movies, piracy is also a serious issue with real economic and legal significance. As electronic devices become an increasingly ubiquitous part of our lives, the content we consume has moved from analog to digital. This has made copying – as well as pirating – increasingly easy and prevalent.

      Adding fuel to the flames of this rising “pirate generation” has been the content industry’s recalcitrant and often combative attitude toward digital markets. Piracy, and the reactions to it, has had an immense impact on the daily lives of ordinary Americans, shaping their digital experience by determining how they can share, transfer and consume content.

      As soon as electronic storage and communication technology was sufficiently developed, digital piracy became accessible. Whether it’s a song, movie, video game or other piece of software, you could suddenly reproduce it without having to steal it off a shelf or obtain any specialized machinery to counterfeit it. Additionally, if you wanted to listen to an mp3 of the latest Britney Spears album on your computer, there weren’t many lawful options. This led to a surge in online piracy and helped foster a culture of online file-sharing.

      Out of this period came some ridiculous anti-piracy campaigns, but also major legislation both good and bad (such as the Digital Millennium Copyright Act, the Sonny Bono Copyright Term Extension Act and the Communications Decency Act) as well as legal battles that would set key precedents for how we access the digital world.

    • Making Sense of Modern Pornography

      Pornography helped shape the Internet—for instance, with its need for high-bandwidth technology—and it reflects and magnifies its trends. The triumph of porn has come at a cost to the industry itself, which can no longer produce a Jenna Jameson. Despite MindGeek’s near-monopoly of the tube sites (which, like other Internet platforms, are underregulated), their content is increasingly crowd-sourced. Mass production in the San Fernando Valley has been replaced by an amateur landscape in which everyone is a potential producer, and in which our fantasies and worst aspirations—our greed, our desire to humiliate, to dominate—are fed back to us in larger quantities than ever before. Decentralization hasn’t led to diversification (except at the margins, where buying ethical porn is like buying vinyl). Most porn remains conservative, brutal, and anonymous. It’s rapid-fire, often monotonous, and even if, or because, it does the trick, much of it is pretty depressing. It’s hard to see how local protests, however admirable, can resist a business model that already profits from decentralized, unregulated, amateur production. Except for the few companies that have profited from distribution, it’s unclear who makes money from porn, and how that money connects either to the work of performers or to how they are treated. With the decline of the industry, pornography, like the Internet itself, seems ever harder to control. Some will find that cause for horror, others, for celebration. Every era gets the porn it deserves. ♦

    • Open WiFi hotspots, city-WiFi and anonymity

      It is not reasonable to expect a café owner to keep a database of all local WiF users. That would require an extensive and very privacy sensitive register that cannot be tampered with and that can stand up to legal procedures. And still, it would do nothing to identify an individual user on the cafés single IP address. At least not with the relatively cheap and simple WiFi equipment normally used in such places.

      It all quickly gets complicated and expensive. This would effectively kill free WiFi with your coffee.

      The same general questions can be raised when it comes to Juncker’s free city WiFi. But there is a difference. Public sector operated WiFi will have more money and can apply common technical standards. As the number of users in a city-WiFi can be expected to be substantially higher that at a single café – there would not only need to be some sort of password protection but also individual user names, linked to personal identity. At least if you want to meet with the ECJ ambition to be able to identify single users.

      In both cases, anonymity will be more or less impossible.

      And when it comes to city-WiFi, we can expect various law enforcement and intelligence agencies to show a keen interest.

  • DRM

    • HP confirms that its printer firmware blocks some remanufactured cartridges

      EVIDENCE IS growing that printer maker HP put a ‘self-destruct’ protocol into a firmware update that would kill off printers using hooky cartridges.

      The news follows the revelation that thousands of people started getting the same error message about their cartridge on the same day, 13 September. Not a Friday.

      One third-party ink supplier carried out an investigation and it was discovered that the end-of-life date was programmed into a firmware update in March 2016.

      A statement to Dutch media explained that HP does indeed take steps to block cartridges “to protect innovation and intellectual property”.

      However, this could have been handled better. HP could have, you know, told people and that.

      HP, one of the companies that has been forced to raise prices post-Brexit, has never made any secret of how it doesn’t like third-party cartridges, but it really should have been explicit if it was going to do this.

  • Intellectual Monopolies

    • Trademarks

      • Colour combinations: getting back to WYSIWYG

        Guidance on protecting colour combinations in Europe has evolved over time. But in the light of recent decisions is further clarification needed? Roland Mallinson investigates

    • Copyrights

      • Copyright Is Not an Inevitable or Divine Right, Court Rules

        The Delhi High Court has delivered a landmark judgment which allows a local university copyshop to print course packs, using parts of commercial educational books. The judge held that copyright is not an inevitable or divine right. Copying for educational use is fair dealing, whether it’s done by hand or automatically in an organized fashion.

      • Former Disney Digital Boss Says He “Loves Piracy”

        Entertainment industry workers usually speak about illegal downloading in the harshest of terms but for one former Disney executive, it has its upsides. Speaking at the huge All That Matters conference, Samir Bangara admitted that he “loves” piracy as it’s a great indicator of content popularity.

      • Guy Arrested Over KickassTorrents Blocked From Talking To His US Attorney

        Just a few weeks ago, we had lawyer Ira Rothken on our podcast (it’s a really great episode, so check it out if you haven’t heard it yet). Rothken has been involved in lots of big copyright cases, but is probably most well-known these days as Kim Dotcom’s US lawyer. In that episode we talked a lot about the Kim Dotcom situation, but also spent a fair amount of time on the case of Artem Vaulin, who was arrested in Poland for running the search engine KickassTorrents. The US is seeking to extradite him to stand trial in Illinois. On the podcast, Rothken expressed some concerns that he hadn’t been able to speak directly to Vaulin and noted that he was working on it.

      • Former UMG Exec: Major Label Music Should Cost More And DMCA Safe Harbors Should Be Destroyed

        If you’re going to argue against YouTube, Spotify, etc. and the supposed wholesale screwing of artists, it helps if:

        A. You’re not a former member of an entity with decades of experience in screwing artists, and

        B. You have some grasp of basic economic concepts.

        Paul Young, a former director of licensing for Universal Music Group, has an op-ed posted at The Hill decrying the unfairness of streaming services and the wrongness of the DMCA. But any point he’s trying to make is buried under ignorance and the demand that some artists be treated more equally than others.

09.19.16

Links 19/9/2016: Linux 4.8 RC7, KDevelop 5.0.1

Posted in News Roundup at 11:21 pm by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • Overcoming language and distance barriers in open source projects

    Open source communities were among the first to use the Internet to make the physical distance between people irrelevant. The Internet is a great tool, since it helps us collaborate wherever we are. It doesn’t matter if you’re having lunch at the Eiffel Tower or waking up in sunny San Francisco, the Internet has helped us connect people on deeper levels.

    I am from Peru, and have always lived in Peru. I study in Peru, and the Internet has helped me find valuable information for projects and life in general. However, when I joined the the Linux community, my life changed radically.

  • A beginner’s bumpy journey to find a few good bugs

    I’d been trying to contribute to open source for about two years. Yes. Two years. And there’s one thing I can tell you with a lot of certainty—it is intimidating. It’s tough to get started. You have to learn how to work within a large code base. You have to learn and adhere to a project’s coding style guides. Nothing makes sense: the control flow, how different modules interact, how and why the code is organized the way it is—it’s all one big maze. You need to muster a lot of courage to ask questions, dive into the code base knowing next to nothing, and keep fighting with it. (This is a generalization about how some projects operate, but many have difficulty making their projects accessible to new contributors.)

  • Top 10 Open Source CRM

    Clearly, finding the right open source CRM (customer relationship management) for your business isn’t as simple as randomly selecting one. To be sure, there are plenty of good open source CRM apps, but still: you must carefully weigh features, function, licensing and support, for your own needs.

    In this article, I’ll share my top open source CRM picks. And with any luck, you’ll find one that’ll be a great match for your business!

  • Adept Releases Open-Source Energy Measurement Tools for Parallel Hardware

    Over its three-year lifespan, Adept has investigated energy consumption in parallel hardware and software. Energy efficiency is becoming a serious consideration for developers of high-performance and high-throughput computing systems. As computers become more powerful, they inevitably consume more energy – unless the technology is improved so they become more efficient.

    [...]

    The Adept Tool Suite consists of three parts: a benchmark suite, power measurement infrastructure, and power and performance prediction tool.

  • Riot wants to be like Slack, but with the flexibility of an underlying open source platform

    In the ‘old days’ there were plenty of messaging apps and aggregators, but they survived in an open source world. Today, business models dictate that platforms like Slack must keep their messages to themselves.

    It would be nice if open-source alternatives could bring back the days of flexibility, combined with today’s world of excellent user experience. What if Slack were simply an excellent tool running on an underlying open-source platform? Could it create the same value?

    Riot (formerly known as Vector while it was running in Beta) is a new UK-borne app hoping to have a crack at that.

  • Orange to test AT&T’s open source ECOMP platform

    Orange’s R&D division Orange Labs Network plans to test ECOMP, an open source platform designed by AT&T for creating and managing software-centric network services. ECOMP, which stands for Enhanced Control, Orchestration, Management and Policy, will be released to the wider telecom industry as an open source offering managed by the Linux Foundation.

  • MongoDB cofounder explains what to do when a project has gone off track

    It has happened to nearly every technology leader. A project that seemed like an excellent idea when you started it either drifted off course, proved too ambitious or not as useful as originally thought. What do you do when you’re in the middle of a project that you realize is not going well?

    Eliot Horowitz, CTO and co-founder of open source database company MongoDB, knows this problem first-hand. In an interview with The Enterprisers Project, he explains what happened when he and his co-founder realized they had to pull the plug on the original version of their technology.

  • Open Source OpenPokeMap Project Will Enable Anybody To Run A Pokemon Go Tracker

    The 3rd party development community around Niantic’s hyper successful Pokemon Go game is not slowing down. A new project will enable everybody interested to run his own Pokemon Go map service. OpenPokeMap is an open-source, open-infrastructure map for Pokemon Go. The developer behind FastPokeMap is supporting the project as a “consultant.” He says that OpenPokeMap is similar to FastPokeMap.

  • SaaS/Back End

    • IBM (IBM), Hortonworks (HDP) Announce Open Source Distribution on Power Systems

      IBM (NYSE: IBM) and Hortonworks (NASDAQ: HDP) today announced the planned availability of Hortonworks Data Platform (HDP®) for IBM Power Systems enabling POWER8 clients to support a broad range of new applications while enriching existing ones with additional data sources.

      HDP’s secure, enterprise-ready open source Apache Hadoop distribution provides clients with a highly scalable storage platform designed to process large data sets across thousands of computing nodes. For enterprise users running POWER8-based systems, the first microprocessor designed for big data and analytics, Hortonworks provides a new distribution option for selecting a cost-effective platform for running their big data and analytics workloads. This open source Hadoop and Spark distribution will complement the performance of Power Systems by allowing clients to quickly gain business insights from their structured and unstructured data.

    • Canonical and IBM Deepen Their OpenStack Partnership

      Canonical, the company behind Ubuntu, is spreading out with its OpenStack eforts. It has announced that Ubuntu OpenStack is now available for IBM customers who want to manage their own OpenStack cloud across IBM platforms such as IBM z Systems, IBM LinuxONE and IBM Power Systems, including IBM’s newly announced OpenPOWER LC servers. This is an expansion of the companies’ hybrid cloud partnership, and many instances of OpenStack already run on top of Ubuntu.

      As the OpenStack marketplace shifts, there is a shortage of people available to build secure and private clouds. IBM reports that it is following in the footsteps of companies such as Deutsche Telekom, Tele2, Bloomberg and Time Warner Cable in making Ubuntu OpenStack available to customers as a tested and supported cloud solution.

    • Making installation easy, Hackathon winners, and more OpenStack news
  • Oracle/Java/LibreOffice

    • NetBeans Going to Apache: Is Java Next?

      Most followers of open source probably weren’t surprised by Wednesday’s fuss over NetBeans’ possible move from Oracle to the Apache Software Foundation. If you missed it, it started with an announcement on the NetBeans website that “Oracle has proposed contributing the NetBeans IDE as a new open-source project within the Apache Incubator.”

      The announcement goes on to indicate the move is being made out of the goodness of Oracle’s heart. “Oracle is relinquishing its control of NetBeans and introducing it to Apache’s widely accepted governance model, which will provide new opportunities to the NetBeans community and stimulate further code contributions.”

  • CMS

  • Pseudo-Open Source (Openwashing)

    • Does Microsoft really love Linux?

      Microsoft has always had an…uneasy…relationship with Linux, to say the least. But a writer at The Verge is convinced that Microsoft does indeed love Linux these days, and that its stormy Linux past is now behind the Redmond giant.

    • PerfView is now Open Source On GitHub [Ed: Microsoft uses PerfView in an openwashing effort in order to market proprietary Visual Studio, which adds surveillance to compiled code]

      The readme associated with the GitHub repository has getting started information (how to fetch the repository, how to build, test and deploy the code. We use Visual Studio 2015. You can download a free copy of Visual Studio 2015 Community Edition that has everything you need to clone, build test and deploy PerfView. Thus you can get going with PerfView RIGHT NOW. The instructions on the PerfView repository tell you how to get started even if you know nothing about GIT (although knowing something about GIT and Visual Studio certainly helps).

    • Microsoft will close its Skype office in London [Ed: in recent years, as Microsoft pretends to be “Open” (it’s the opposite), layoffs have become routine at the company]

      Microsoft is going to close Skype’s London office, in a move that could impact the jobs of the nearly 400 people employed there. The company told the Financial Times that is will “unify some engineering positions,” but that it “will be entering into a consultation process to help those affected by the redundancies.”

      The London office is a key part of Skype’s history, since it was the primary engineering site and headquarters of the company before Microsoft acquired it, and it also survived Skype’s strange interlude under the ownership of eBay before it was acquired by the big M.

      While the move is no doubt a blow to London’s tech scene, some former insiders told the FT that it’s also not a surprise to see it go, largely because a steady stream of executive departures over the last few years have foretold a shift in the locus of power at the company. Post-acquisition, Microsoft has also done a lot of product work on Skype, with plenty of integration with Office 365 and a number of feature introductions that bring it closer in line with Slack.

    • Microsoft (MSFT) news recap: Microsoft loves open source, Garage gets a new look and more [Ed: Microsoft advocacy site repeats the Big Lie; Microsoft still lobbies against FOSS, e.g. in India this year]
  • BSD

  • FSF/FSFE/GNU/SFLC

  • Public Services/Government

    • #SoftwareFreedom: India’s Lukewarm Relationship with FOSS Needs to Change

      For a over decade, the third Saturday of every September has been celebrated as Software Freedom Day in dozens of countries around the world. The free and open source software (FOSS) movement, which grew in the 1980s out of frustrations with restrictions on use of copyrighted software, has changed considerably in the last decade. Barring a few exceptions, there has been a dilution in the focus on replacing Windows’ domination of mainstream computing. But FOSS, which some people may know as Linux, still forms the backbone of our technological lives. In developing countries like India, where scaling affordable access to technology is an admitted priority of the government, the promotion and adoption of FOSS seems to be a viable and pragmatic policy decision.

      Whether one is aware of it or not, FOSS is behind the majority of all computing that makes modern, digital life possible. FOSS runs most of all smartphones, supercomputers, ATMs, servers and websites around the world. In India, two massive citizen-facing projects, our railway booking website IRCTC, and Aadhaar’s online infrastructure, use Linux servers too. But why should you care for FOSS?

    • Commission makes a list of its open source solutions

      The European Commission is about to make a public inventory of the open source solutions used by the Commission and the European Parliament. A methodology for creating the inventory was just accepted by the EC’s Directorate-General for Informatics (DIGIT), as part of its ‘EU Free and Open Source Software Auditing’ (EU-Fossa) project.

  • Openness/Sharing/Collaboration

    • LA launches open source business portal

      The open source LA Business Portal was funded by the Small Business Administration’s Start Up In A Day initiative and used the codebase of San Francisco’s Business Portal as a foundation for LA’s code.

      As an open source project, the LA Business Portal can help cities without the resources or capacity to build a solution from the ground up improve their business climate, officials said. The startup guides and starter kits for popular business types will be made available to be adapted and used by other local government entities.

  • Programming/Development

    • Ada Gets Promoted To Being A First-Class Language In Coreboot

      Coreboot has mainlined a months-old patch to make the Ada programming language “a first class citizen” in this low-level open-source project.

      As of today in Coreboot GNAT runtime system was also added today for the Ada code.

    • LLVM Still Pursuing Apache 2.0 License + GPLv2 Compatibility

      COMPILER –
      It’s been a while since last talking about the discussions among LLVM developers about re-licensing the project. The re-licensing is moving forward and they are settling on the Apache 2.0 license plus explicitly stating compatibility with GPLv2.

      For the past year they’ve been eyeing the Apache 2 license for the LLVM stack over their University of Illinois/NCSA Open Source License, which is similar to the three-clause BSD license.

    • Update on Node.js npm Tool and Express Module

      The second day at Node Interactive Europe last week had two keynotes that concentrated on specific tools and modules. Kat Marchán talked about the npm packaging tool, and Doug Wilson explored the state of the express module.

    • Git Developers Want Your Feedback (2016 Git Survey)

Leftovers

  • The Mystery of Scandinavia’s Car-Burning Spree

    What’s behind the spate of vehicle arsons that have swept Scandinavia’s cities this year? Over the summer, cars have been set on fire across the region in a spree that shows no sign of abating just yet.

    Between June and mid-August, 134 vehicles were set ablaze in Stockholm, 43 in Sweden’s second city of Gothenburg, and 108 in its third city, Malmö. Meanwhile, across the water in Copenhagen, there were 30 arson attacks on vehicles in August alone, until the arrest of a 21-year-old suspect led police to hope the streak would end. It didn’t, and this week Copenhagen’s car burnings began again, as they also did in neighboring areas of Sweden. Internationally at least, this isn’t what people expect from a region that is usually a byword for prosperity and social order.

  • Health/Nutrition

    • Exclusive: How Elizabeth Holmes’s House of Cards Came Tumbling Down

      In a searing investigation into the once lauded biotech start-up Theranos, Nick Bilton discovers that its precocious founder defied medical experts—even her own chief scientist—about the veracity of its now discredited blood-testing technology. She built a corporation based on secrecy in the hope that she could still pull it off. Then, it all fell apart.

    • Monsanto Merges with Bayer, “Their Expertise is War”. Shady Historical Origins, IG Farben, Part of Hitler’s Chemical Genetic Engineering Cartel

      The expertise of these companies are those of war. IG Farben – Hitler’s economic power and pre-war Germany’s highest foreign exchange earner – was also a foreign intelligence operation. Herman Shmitz was President of IG Farben, Shmitz’s nephew Max Ilgner was a Director of IG Farben, while Max’s brother Rudolph Ilgner handled the New York arm of the ‘VOWI‘ network as vice president of CHEMNYCO.

      Paul Warburg – brother of Max Warburg (Board of Directors, Farben Aufsichsrat) – was one of the founding members of the Federal Reserve System in the United States. He was also a member of the Council on Foreign Relations. Max Warburg and Hermann Schmitz played a central role in the Farben empire. Other “guiding hands” of Farben Vorstand included Carl Bosch, Fritz ter Meer, Kurt Oppenheim and George von Schnitzler. Every one of them were adjudged ‘War Criminals’ after World War II, except Paul Warburg.

    • Bayer Purchased Monsanto (And We Are All Screwed)

      Cash. That makes it the biggest deal ever in the history of blah blah blah, who gives a shit, are we right?

      If you’re anything like us, your brain turns off when you hear numbers that big being transferred from one giant group of white guys to another. And traditionally, that’s exactly the way giant groups of white guys want it. Especially this one. See, there’s reason to believe this particular group of rich white guys shouldn’t be trusted with the awesome power they’d have after combining.

    • No jail time in Flint water crisis plea deal for former state epidemiologist

      A deal between Flint water crisis prosecutors and a former state epidemiologist includes no incarceration for Corinne Miller, who pleaded no contest to failing to warn hospitals and the public about a Legionnaires’ disease epidemic in Genesee County.

      Miller, 65 of Dewitt, former director of the state Department of Health and Human Services’ Bureau of Epidemiology, pleaded to the least serious charge against her on Wednesday, Sept. 14 — a midemeanor count of neglect of duty by a public officer.

    • Who are Suspect 1 and Suspect 2? Flint water crisis prosecutor won’t say

      Special Flint water crisis prosecutor Todd Flood won’t name two individuals identified only as “Suspect 1″ and “Suspect 2″ in a plea agreement filed in Genesee County District Court this week.

      But after reaching a deal for former state epidemiologist Corinne Miller to plead no contest to a misconduct charge and to cooperate with prosecutors, Flood said the unnamed suspects are evidence that his investigation “is far from over.”

      “You just saw in that plea agreement … obviously there was Suspect 1 and Suspect 2,” Flood said when asked if he expects more criminal charges related to Flint water.

      Miller was the director of the Bureau of Disease Control, Prevention and Epidemiology at Department of Health and Human Services until November 2015, but 10 months earlier, she was “tasked by Suspect 1″ to provide a report regarding a 2014 outbreak of Legionnaires’ disease in Genesee County and to meet with Suspect 2, according to Miller’s plea agreement.

    • Lansing Politicians Slow To Enact Policy Reforms After Flint Water Crisis

      In the year since Flint’s man-made drinking water crisis exploded and was exposed primarily as a failure of state government, Michigan has allocated $234 million toward the public health emergency that exposed children to lead and has been linked to a deadly Legionnaires’ disease outbreak.

      The state has been much slower, however, in enacting policy reforms to address problems uncovered.

      It’s likely that no major action in the Republican-led Legislature will occur until 2017, angering Democrats who are pushing for changes to the emergency manager law and lead testing.

      It’s been four months since a bicameral legislative committee concluded hearings about Flint’s crisis. It has yet to issue a report and recommendations.

      They are now expected by year’s end. Democrats say there’s no reason to wait to start debating legislation.

  • Security

    • HDDCryptor Ransomware Overwrites Your MBR Using Open Source Tools [Ed: Windows ransom but the headline only says “Open Source”]

      Most of the research on this infection has been done by Marinho, who says that his company was called in to investigate and fix a massive infection at a multi-national company that affected computers in its Brazil, India, and US subsidiaries.

    • The power of protocol analyzers

      In the complicated world of networking, problems happen. But determining the exact cause of a novel issue in the heat of the moment gets dicey. In these cases, even otherwise competent engineers may be forced to rely on trial and error once Google-fu gives out.

      Luckily, there’s a secret weapon waiting for willing engineers to deploy—the protocol analyzer. This tool allows you to definitively determine the source of nearly any error, provided you educate yourself on the underlying protocol. The only catch for now? Many engineers avoid it entirely due to (totally unwarranted) dread.

    • Bitcoin: A Sequence of Proofs

      A potential solution to the growing pains of Bitcoin is the use of proof-of-stake rather than proof-of-work. An attacker which has a stake in the history already on the blockchain is unlikely to jeopardize it. In proof-of-stake, the cryptocurrency is paid by the miners into the bets of the next block to win. If an attacker bets on multiple chains, then they’re guaranteed to lose money. This, combined with the fact that buying a lot of currency is more expensive than a lot of computer power, makes proof-of-stake practical. We will cover Peercoin later, which does proof of stake and has other mitigations for certain attacks.

      An interesting idea is vote tattling. When an attacker votes on one block with a predecessor, and then votes on another with the same predecessor, peers can observe this. They can report double voting by using the votes as cryptographically-verified evidence, and taking the attacker’s vote-money.

    • Why real hackers prefer Linux over Windows and Mac

      We have published many tutorials for hackers and security researchers. You may have noticed that most tutorials are based on Linux operating systems. Even the hacking tools out there are based on Linux barring a few which are written for Windows and Mac. The moot question here is that why do hackers prefer Linux over Mac or Windows?

      Today we look at the reason why hackers always prefer Linux over Mac, Windows, and other operating systems. You may have your own reasons for choosing Linux but what do hackers really look forward to while working with Linux.

    • Why Hackers are Choosing Linux Over its Competitors
  • Defence/Aggression

    • The Barrel Bomb Conundrum

      It is of course only part of the media distortion around the Syria debacle. Western intervention is aimed at supporting various Saudi backed jihadist militias to take over the country, irrespective of the fact that they commit appalling atrocities. These the media label “democratic forces”. At the same time, we are attacking other Saudi controlled jihadists on the grounds that they are controlled by the wrong kind of Saudi. You see, chopping off the heads of dissidents and gays is OK if you are one of the Saudis who directly controls the Saudi oil resources. It is not OK if you do it freelance and are one of the Saudis who is merely acting at the covert behest of the other Saudis who control the Saudi oil resources.

    • US, Israel sign massive military aid deal for $38 billion over 10 years

      The United States and Israel have signed a new aid deal that will give the Israeli military $38 billion over the course of 10 years. It’s the largest such agreement the U.S. has ever had with any country.

    • After Orlando Massacre, Queer Art Takes a Political Turn

      In the past month, Efrem Zelony-Mindell has transformed a small gallery in New York City into a space for LBGTQ reinvention. His show, n e w f l e s h, seeks to redefine gender and sexual identities through novel representations of the queer community — a task that Zelony-Mindell, a curator and visual artist, considers uniquely pressing in the face of increasingly visible anti-LGBTQ violence. His approach: to abstract, obscure, or remove the body entirely from the works on display. “We tend to see queerness portrayed as a physical or corporeal matter,” he told The Intercept. “This thinking is dehumanizing, and that dehumanization inevitably leads to violence.”

    • Suicides among military bomb techs at crisis level

      In June 2010, after a day of drinking at an American Legion Post in Wyoming near the family’s home, Jeff Hackett downed a couple more swigs of alcohol, said “cheers” and shot and killed himself.

      Among the highly skilled and elite ranks of military explosive ordnance disposal technicians — the men and women who have been on the front line of the war on terror since Sept. 11, 2001 — suicide is a growing concern.

      “It is literally an epidemic,” said Ken Falke, a former EOD technician and founder of the Niceville-based EOD Warrior Foundation, which supports current and former military EOD techs and their families.

    • The couple and their army of retired police officers taking £5m a year from taxpayers to pursue British soldiers around the globe

      For hundreds of British troops, the prospect of being prosecuted for events that took place in Iraq 13 years ago remains a very real nightmare.

      Almost 1,500 cases of abuse of Iraqis, including allegations of torture and even murder, are being investigated by a special team set up by the Ministry of Defence (MoD).

      Soldiers are terrified of being arrested more than a decade on from the occupation of Iraq, and are dismayed and disgusted by the length of time the investigations are taking. But for one husband and wife team, the British occupation of southern Iraq has proved a cash bonanza.

    • NATO planes bomb Syrian government forces

      The diplomatic row rumbles on after US-led air strikes hit Syrian government forces in Deir ez-Zour, killing 62 soldiers and injuring over 100. This happened only a few days into a week-long trial ceasefire designed to be a precursor to US-Russian joint operations against ISIS.

      It has now been reported that British forces were involved and, needless to say, that the ceasefire is over, with the Russians and the Syrians naturally being blamed.

  • Transparency/Investigative Reporting

    • Julian Assange says he’ll turn himself in if Obama pardons Chelsea Manning

      WikiLeaks founder Julian Assange would turn himself in to US authorities if President Barack Obama grants clemency to Chelsea Manning, the organization said on Twitter Thursday. WikiLeaks’ statement was released one day before a Swedish appeals court decided to maintain a warrant for Assange’s arrest over a 2010 rape charge. Assange has said that extradition to Sweden would lead to his eventual extradition to the US, where he could face charges related to WikiLeaks’ publication of secret government documents.

    • 5 Reasons The WikiLeaks Guy Is Losing His Mind [Ed: attack piece]

      And so, for the past four years, Assange has been working long days in a one-and-a-half-room apartment. He’s not getting any fresh air, he doesn’t get many social calls, and the Ecuadorian government doesn’t have much of a budget. His bathroom doubles as a makeshift gym. He has friends, supporters, and an internet connection, but that can only do so much when you have less variety in your day than most prisoners. And goddamn, is it ever showing.

  • Environment/Energy/Wildlife/Nature

    • On Solidarity with Standing Rock, Executive Clemency and the International Indigenous Struggle

      I call on all my supporters and allies to join the struggle at Standing Rock in the spirit of peaceful spiritual resistance and to work together to protect Unci Maka, Grandmother Earth. I also call upon my supporters and all people who share this Earth to join together to insist that the US complies with and honors the provisions of international law as expressed in the UNDRIP, International Human Rights Treaties and the long-neglected Treaties and trust agreements with the Sioux Nation. I particularly appeal to Jill Stein and the Green Parties of the US and the world to join this struggle by calling for my release and adopting the UNDRIP as the new legal framework for relations with indigenous peoples.

      Finally, I also urge my supporters to immediately and urgently call upon President Obama to grant my petition for clemency, to permit me to live my final years on the Turtle Mountain Reservation. Scholars, political grassroots leaders, humanitarians and Nobel Peace Laureates have demanded my release for more than four decades. My Clemency Petition asks President Obama to commute, or end, my prison term now in order for our nation to make progress healing its fractured relations with Native communities. By facing and addressing the injustices of the past, together we can build a better future for our children and our children’s children.

    • Native American Activist Winona LaDuke at Standing Rock: It’s Time to Move On from Fossil Fuels

      While Democracy Now! was covering the Standing Rock standoff earlier this month, we spoke to Winona LaDuke, longtime Native American activist and executive director of the group Honor the Earth. She lives and works on the White Earth Reservation in northern Minnesota. She spent years successfully fighting the Sandpiper pipeline, a pipeline similar to Dakota Access. We met her right outside the Red Warrior Camp, where she has set up her tipi. Red Warrior is one of the encampments where thousands of Native Americans representing hundreds of tribes from across the U.S. and Canada are currently resisting the pipeline’s construction.

    • Arrests After #KeepItInTheGround Activists Occupy Interior Department
  • Finance

    • 300,000 Join Massive Protests in Germany Against US-EU Corporate Trade Deals

      Hundreds of thousands took to city streets across Germany on Saturday as they marched against a pair of corporate-backed trade deals they say will undermine democracy, attack workers and local economies, and accelerate the threats posed by corporate hegemony and global warming.

      Taking aim at both the Transatlantic Trade and Investment Partnership (TTIP) and the Comprehensive Economic and Trade Agreement (CETA), European Union deals with the United States and Canada respectively, opponents say the agreements are not really concerned with expanding trade but rather increasing corporate power.

    • Warren Slams ISDS Provision in Trans-Pacific Partnership Trade Deal

      Sen. Elizabeth Warren on Wednesday said that the investor-state dispute settlement provision in the Trans-Pacific Partnership trade deal would allow corporations to challenge foreign laws before private arbitration panels outside of the traditional legal system.

      “It allows companies to challenge foreign laws they don’t like and potentially win millions or even billions of dollars from taxpayers,” Warren (D-Mass.) told reporters on a conference call, which was hosted by left-leaning advocacy group Public Citizen and included economist Jeffrey Sachs and law professors Cruz Reynoso and Alan Morrison.

    • Uber accused of cashing in on bomb explosion by charging almost double to take terrified New Yorkers home

      TRAUMATISED families caught up in the New York bomb blast have accused Uber of cashing in on the tragedy by charging almost double to take them home.

  • AstroTurf/Lobbying/Politics

    • Bernie Sanders, who launched career on protest votes, dismisses Gary Johnson and Jill Stein as protest votes

      Bernie Sanders is one of the most electorally successful non-major party candidates in United States political history. And he said Friday that voting for a third-party candidate for president in 2016 would amount to a “protest vote.”

      “Before you cast a protest vote — because either Clinton or Trump will become president — think hard about it,” Sanders said on MSNBC’s “Morning Joe.” “This is not a governor’s race. It’s not a state legislative race. This is the presidency of the United States.”

    • Two parties use legitimate means to mask rigged debates

      For several election cycles, the Commission on Presidential Debates (CPD) – a self-proclaimed “non-partisan” private organization that sponsors the debates – has required a 15% average in hand-picked polls as the criteria for debate inclusion. This threshold makes it difficult for candidates outside of the traditional Democratic and Republican parties to appear on stage.

      Like most Americans, I’ve generally accepted these polls at face value. However, a review of publicly available information shows that not only are most of the polls in question inherently unscientific, but that the CPD and its hand-picked pollsters are engaged in a concerted effort to elect establishment candidates in general, and Hillary Clinton in particular.

      There are five polls being used to inform the 15% average. Two of these show blatant scientific problems: Fox News polls under-samples independents by more than 20%, and the CNN-ORC poll admits to dramatically under-sample Millennials. The polling staff have failed to return repeated requests for clarification. This level of unresponsiveness is unheard of within the formal scientific community. Thus, are the polls scientific?

      Almost every reputable scientific journal asks scientists who hope to publish in its pages to disclose any conflicts of interest. The implication is that, if the researcher, or those funding or sponsoring the research favor a specific research outcome, the data might be tainted. Using publicly available information alone, I’ve uncovered massive conflicts of interests that have laid dormant for years.

    • Democrats: A Vote for Third Party is a Vote for Trump?

      The most recent appeal from the Democratic party “warning” voters that a vote for a third party candidate is like a vote for Trump is evidence of a real shift in the awareness of the American people. First, let me clarify: A vote for Trump is a vote for Trump; A vote for Clinton is a vote for Clinton. Using fear to persuade voters to support political parties that have continually disappointed on major issues from foreign policy, education, healthcare and the economy, is the epitome of a failed democracy. Second, let’s address the fact that the Democrats are admittedly launching a “multimillion-dollar digital campaign that talks about what’s at stake and how a vote for a third-party candidate is a vote for Donald Trump.” Yet they refuse to #OpenTheDebates. It’s interesting how quickly millions of dollars get thrown at attempts to control the minds and opinions of the people when over half of the workers in this country make less than $30,000 a year.

    • Donald Trump’s birther event is the greatest trick he’s ever pulled

      Donald Trump is, at heart, a showman. He rose to national fame thanks to star turns on reality TV in which he played the tough-talking boss to a group of aspirants hoping to become as successful as he has been in business. His great gift is the ability to draw attention — and then use that attention for his own, usually commercial, purposes.

      Trump may have outdone himself on Friday morning. He and his campaign touted a “major” announcement at his newly opened hotel in Washington, D.C., at 10 a.m. The word was that Trump would walk away from his past skepticism about President Obama’s citizenship while also laying the blame for the birther movement at the feet of Hillary Clinton. (That, of course, isn’t true — according to numerous fact-checkers — but no matter: Trump planned to say it anyway.)

    • Merkel’s party loses support in Berlin state election

      Chancellor Angela Merkel’s party endured a second setback in a state election in two weeks on Sunday, as many voters turned to the left and right in Berlin, according to projections based on exit polls.

      The Social Democrats (SPD) and Merkel’s Christian Democratic Party (CDU) emerged from the Berlin state election as the strongest two parties, but both lost enough support that they won’t be able to continue a coalition government, the projections show.

    • The Mini Film Studio Operating Inside Clinton’s Campaign

      The shot comes about two minutes and thirty-four seconds into the video. A mother in her late 60s, dressed in a cream-colored suit, stands in an almost empty room, watching her daughter on TV. As her daughter speaks, the mother turns to the woman who is seated next to her, and squeals: “Ohhhh she looks so prettyyyyy!”

      It’s a show of motherly pride so natural it would be completely unremarkable were it not for the fact that the the mother in the room is Hillary Clinton, the daughter is Chelsea Clinton, and the clip is part of a backstage compilation video about the 2016 Democratic National Convention, produced by the Clinton campaign.

    • GOP Lobbyist Offers Reward in Murder of DNC Staffer in Hopes of Laying Rumors to Rest

      Around the same time this piece was published, however, WikiLeaks Editor in Chief Julian Assange spoke of a possible connection between Rich’s death and the DNC email leak. “I’m suggesting that our sources take risks,” he said in a video interview on the Dutch television program “Nieuwsuur,” although Assange refused to say whether Rich was a WikiLeaks source.

      “It’s quite something to suggest a murder,” the interviewer responds, “and that’s basically what you’re doing.”

      “Well, others have suggested that,” Assange carefully replies. “We are investigating to understand what happened in that situation, with Seth Rich. I think it is a concerning situation, but there’s not a conclusion yet.”

    • Monopolizing the Debates

      Soon most of the country will be watching the debates. To be told that you will be watching the ‘debates’ is an insult to your intelligence. They’re not forums to inform and enlighten the electorate, but spectacles where the candidates preen and pander to the viewers; political performances to showcase the triumph of form over substance. I was wondering why they are even called debates instead of grudge matches? This year features two of the most unlikable wrestlers, I mean candidates, in history. In this corner we have Donald “The Demagogue” Trump and in the other corner we have Hillary “The Crusher” Clinton.

      The Commission on Presidential Debates (CPD) is a non-profit, tax exempt organization. In their mission statement they talk about providing: “the best possible information to viewers and listeners” and how voter education is one of their goals. Any person reading this might think that the CPD is just another charitable organization demonstrating their altruism. Nothing could be further from the truth! Even though the CPD claims to be independent of the two major parties, their past and present leadership consists of democratic and republican politicians (with an occasional media acolyte). Because none of the members is a current office holder, the CPD likes to claim they are non-partisan. As the Libertarian SuperPAC claims in their open letter to the CPD: “Bi-partisan is not the same as non-partisan”. The debates always did highlight the two duopoly candidates, but the CPD seeks to make sure any non-duopoly candidates with a different point of view aren’t heard.

      Throughout the years, the number of debates has varied between two and four. Recently the CPD has settled on four debates, with one of them between the vice-presidential candidates, but it’s their decision to limit the debates to candidates with over 15% in the polls that has drawn scrutiny. They initiated this 15% threshold to be included in the debates in 2000. In the hundred years before this decision, there were some presidential candidates who received less than 15% of the vote, yet won votes in the electoral college. That hasn’t happened in almost 50 years, thanks in large part to duopoly members controlling who is in the debates.

    • Green Party’s Stein and Baraka on ballot for 90% of US voters

      The Green Party campaign for presidential candidate Jill Stein and vice presidential candidate Ajamu Baraka has completed its 2016 ballot access drive. Stein-Baraka will be on the ballot in 45 states, including Washington, D.C., and they will be official write-in candidates in three more states. Ballots cast for official write-in candidates are counted, whereas unofficial write-in ballots are not.

  • Censorship/Free Speech

    • Italy on the verge of the stupidest censorship law in European history

      After a string of high-profile cyberbullying and revenge-porn incidents, the Italian Chamber of Deputies has put forward a bill that will do nothing to prevent these abuses, and everything to allow for rampant, unaccountable censorship of the Italian internet, without rule of law or penalty for abuse.

      Under the proposed law, the “site manager” of Italian media, including bloggers, newspapers and social networks would be obliged to censor “mockery” based on “the personal and social condition” of the victim — that is, anything the recipient felt was personally insulting. The penalty for failing to take action is a fine of €100,000. Truthfulness is not a defense in suits under this law — the standard is personal insult, not falsehood.

    • The No-Censorship Approach to Life

      Students at my institution, Columbia University, exist in a world where virtually every human thought ever conceived is open to study, examination, consideration, acceptance, rejection, debate, and analysis. To be sure, we have standards that guide us as we move through this vast wilderness of the human mind — we insist on notions like reason, fact, nonpartisanship — but nothing is out of bounds for intellectual inquiry.

      Over the past couple of years, there have been a number of controversies on campuses across the country, including mine, which were all more or less about speech — the speech of fellow students, of residence-hall administrators, of faculty, of institutions through the naming of buildings and the display of pictures, and of outside people invited to the campus. The debate, in part, has been about what to do about speech that was considered offensive or dangerous. Sometimes there were calls for bans on speech and official punishments.

    • Corporate rights have a long history

      This argument could contain some merit, especially if “corporate personhood” were a new concept — but it’s not.

    • Video blogger claims YouTube ‘threatened’ her over Juncker interview

      A French video blogger selected to interview European Commission President Jean-Claude Juncker said Sunday she was pressured by YouTube to ask “soft questions” during the webcast.

      “I found out they expected for me to ask only very soft questions,” said Laetitia Birbes in a Facebook video about her interactions with YouTube before last week’s interview. “The whole point was to give advertisement to Juncker.”

      The interview was conducted online Thursday, a day after Juncker had delivered his “State of the Union” address, and was sponsored by YouTube, Euronews and the Debating Europe online platform.

      Birbes, a blogger from the outskirts of Paris, told French news website Rue 89 she was “assured” by YouTube that she was free to ask any question, but that a representative from the video site suggested she ask Juncker questions such as “What is happiness?” and for details on his vintage Nokia phone and dog “Plato.”

      But Birbes said YouTube balked at accepting some “more important questions.” She said a YouTube representative advised her he would need to speak to Juncker’s spokeswoman Natasha Bertaud about potential “red-flag” questions.

    • Anti-Piracy Outfits Caught Fabricating Takedown Notices

      Not all anti-piracy vendors play fair when it comes to removing copyright-infringing content from the Internet. In fact, there is clear and convincing evidence that several companies ‘make up’ links that have never even existed, perhaps in part to boost their own numbers.

    • Tattooed man rubbishes Facebook censorship of his bum, says ‘if you don’t like, don’t look’

      Sweide Lum-Wairepo had the puhoro done on his buttocks, thighs and upper back by tattooist Hirini Katene, who posted videos and photos of the work on Facebook.

      However, the video was taken down after it was deemed to violate the community guidelines and only the photos have been allowed to remain online.

      The video shows the man’s back then spins to his front, where he can be seen cupping his genitals to obscure them from the camera.

      However, a thatch of pubic hair remains visible.

      Mr Lum-Weirepo said that if people didn’t like it, they didn’t have to watch it.

      “I thought it was pretty s*** … because it’s just something cultural,” he said.

    • Montenegro: Mayor accused of repeatedly undermining press freedom

      Kolasin, which is the centre of a regional municipality of about 10,000 people, has a small media market that includes just one local newspaper named Kolasin and four correspondents working for the national dailies — Pobjeda, Dan, Vijesti and Dnevne Novine. There is no local TV station. The local government is run by a coalition of opposition parties — Democratic Front, the Social Democratic Party of Montenegro (SDP) and the Socialist People’s Party of Montenegro — while the Democratic Party of Socialists is the majority party in the national parliament and it runs the Government.

    • Censoring the terrors of war
    • Facebook reverses ‘napalm girl’ photo censorship following media pressure
    • Our Father, who art Facebook: is the social media giant getting too big for its boots?
    • Norwegian newspaper calls out Facebook’s founder
    • Facebook takes U-turn over ‘Napalm girl’ photograph

      Numerous posts were deleted but Isaksen’s was still up Friday afternoon. Hansen said he received an email Wednesday from the social network requesting that the image be taken down.

      Facebook is facing criticism over its regulation of content as it aims to find a universal standard to apply to its 1.7 billion monthly users, and bans on pornography prevent posting art or historic photographs like the one at the heart of the controversy in Norway.

    • TV self-censorship takes toll on National Games
    • CNN Indonesia Extends Apology to KPI over Blurred Images
    • Indon swimmer sparks censorship debate
    • Broadcasting Commission Washes Hands of Censorship as Indonesia Loses Focus
    • Overzealous censors return: TV station blurs out National Games swimmer’s entire body
    • Indon swimmer sparks censorship debate
  • Privacy/Surveillance

    • Assange, Manning and Snowden, Standing with the Conscience of Truthtellers

      Last week, Oliver Stone’s biopic “Snowden” hit the theaters. The film illuminates the life of Edward Snowden between 2004 and 2013, aiming to humanize one of the most wanted men in the world. Just before its release, a public campaign was launched urging President Obama to pardon this renowned NSA whistleblower.

      The massive US government persecution of truthtellers over the past years has exiled conscience from civil society, locking it behind bars and driving it into asylum. Yet, despite these attacks, it refuses to die.

      From prison where she is serving 35 years, Chelsea Manning is standing up for her dignity. Recently, she protested her dehumanizing treatment by engaging in a hunger strike. All the while, WikiLeaks editor in chief Julian Assange keeps publishing, giving asylum to the most persecuted documents, while being arbitrarily detained in the Ecuadorian embassy for the last 4 years. As this struggle continues, the torch for transparency and courage that kindled hearts and has sparked public debate keeps shedding light on the state of the world we live in.

    • Why Is HPSCI’s Snowden Report So Inexcusably Shitty?

      There’s now a growing list of things in the HPSCI report on Snowden that are either factually wrong, misleading, or spin.

      One part of the spin the report admits itself: the committee assessed damage based on the 1.5 million documents Snowden touched — an approach the now discredited General Michael Flynn presented in briefings to the committee — rather than the far more limited set the Intelligence Community included in its damage assessment.

    • Why Obama Should Pardon All Leakers and Whistleblowers — Not Just Edward Snowden

      Of course President Obama should pardon Edward Snowden — and Chelsea Manning, too.

      But this story is not about the excellent reasons for thanking rather than locking up the two most famous whistleblowers of the post-9/11 era. Plenty of people are already calling for that in powerful ways. A new petition on Snowden’s behalf has been signed by Twitter’s Jack Dorsey as well as Steve Wozniak, Maggie Gyllenhaal and Aragorn (also known as Viggo Mortensen). Organizations coming out in support of a pardon for Snowden, who is currently a political refugee in Moscow, include the ACLU, Human Rights Watch and Amnesty International. And Oliver Stone has just released “Snowden,” a movie that emphasizes his good and patriotic intentions.

      But the unfortunate truth of our times is that Obama is not going to pardon Snowden and Manning. His administration has invested too much capital in demonizing them to turn back now. However, there are other leakers and whistleblowers for whom the arguments in favor of pardons are not only compelling but politically palatable, too. Their names are Stephen Kim, Jeffrey Sterling, John Kiriakou and Thomas Drake. All of them were government officials who talked with journalists and were charged under the Espionage Act for disclosures of information that were far less consequential than the classified emails that Hillary Clinton stored on her server at home or the top secret war diaries that David Petraeus shared with his biographer and girlfriend. Petraeus, a former general and CIA director, got a fine for his transgressions. Clinton got a presidential nomination.

    • The Washington Post is wrong: Edward Snowden should be pardoned

      With the launch of Oliver Stone’s Snowden film this past weekend came a renewed push for a pardon for Edward Snowden from the world’s leading human rights organizations.

      But predictably, not everyone agreed that he should be pardoned. On Saturday, the Washington Post editorial board deplorably editorialized against it despite its own paper winning the Pulitzer Prize for reporting on his leaked documents.

    • Why President Obama should pardon Edward Snowden

      Cases like Edward Snowden’s are precisely the reason the president’s constitutional pardon power exists.

      Historically, outgoing presidents have often invoked this power in the last days of their terms — at times on behalf of people who’ve committed reprehensible acts — under the premise that mitigating circumstances outweigh the rationale for punishment.

      President Obama now has the opportunity to use this power proudly, in recognition of one of the most important acts of whistleblowing in modern history.

      Since Snowden first disclosed documents in 2013 detailing the National Security Agency’s mass surveillance programs, we’ve seen an unprecedented global debate about the proper limits of government spying. This debate has had a transformative effect: on privacy laws and standards, on the security of the devices we depend on to communicate with one another and store sensitive information, and on how we understand our relationship to the institutions that govern us.

    • Commentary: How ‘Snowden’ the movie could help win a pardon for Snowden the man

      The days leading up to last Friday’s release of director Oliver Stone’s Snowden looked like one long movie trailer.

      The American Civil Liberties Union and other human-right groups on Wednesday announced a campaign to win a presidential pardon for Edward Snowden, the former National Security Agency contract employee who leaked hundreds of thousands of its highly classified documents to journalists. The next day, the House Intelligence Committee released a bipartisan letter to the president that advised him against any pardon and claimed Snowden “caused tremendous damage to national security.”

      The week before, Stone had invited me to a private screening of his movie in Washington. I once worked in an NSA facility, and I’ve written about the agency for decades, so I was surprised and pleased by how successful Stone was in creating an accurate picture of life in the NSA.

      He did a remarkable job of capturing the sense of how rare, difficult and risky it is for anyone in the agency to challenge the ethics and legality of its operations. I was astounded by Joseph Gordon-Levitt’s doppelganger-like portrayal of Snowden. At one point in the film, when the real Snowden appeared, it took me a moment or two to realize the switch.

    • Limehouse author Sinclair Mckay is exploring Cold War codebreaking in The Spies Of Winter [Ed: GCHQ puff pieces again]

      “If you think Europe is having a crisis now, go back to 1946 when the entire continent was blasted back to medieval times,” says Sinclair McKay, author of The Spies Of Winter, which delves into the lives of The GCHQ codebreakers, who fought the Cold War and knew the darkest secrets of British Intelligence at that time.

      After World War Two had ended, the devastation left across Europe was tremendous, as hundreds of people were displaced and millions had been slaughtered.

      There was also a lingering fear that the war wasn’t really over and would break out again at any second. However, this time around there was also a much bigger threat as the world had moved in to the age of nuclear weapons where mass destruction was a clear and present danger.

    • UK explores national DNS filtering system

      Ciaran Martin, current Director-General Cyber at GCHQ and the first Chief Executive of the new National Cyber Security Centre (NCSC), has set out a new UK approach to cyber security. Speaking at the Billington Cyber Security Summit in Washington DC, Martin outlined how the new NCSC will adopt a more active posture in defending the UK from the range of cyber threats, as well as the need for government, industry and law enforcement to work in even closer partnership.

    • Britain’s GCHQ looks at creating nationwide Internet firewall
    • Op-Ed: Why Obama should pardon Edward Snowden

      I have signed on to the letter asking President Obama to pardon Edward Snowden that was released today. I know this will be an unpopular position among many of my former colleagues in the national security community. My reasons for doing so are not fully captured by that letter. They are different from those who see Snowden simply as a hero and the NSA as the villain. I have concluded that a pardon for Edward Snowden, even if he does not personally deserve one, is in the broader interests of the nation.

    • Chicago woman launches lawsuit against Canadian maker of app-based vibrator

      An American woman has launched a proposed class-action lawsuit against the Canadian-owned maker of a smartphone-enabled vibrator, alleging the company sells products that secretly collect and transmit “highly sensitive” information.

      The Chicago-area woman, identified in a statement of claim only as N.P., has made her complaints against Standard Innovation (US) Corp., which is owned by the Ottawa-based Standard Innovation Corp, over a “high-end” vibrator called the We-Vibe.

      The lawsuit, which was filed earlier this month in an Illinois court, explains that to fully operate the device, users download the We-Connect app on a smartphone, allowing them and their partners remote control over the Bluetooth-equipped vibrator’s settings.

      In particular, the app’s “connect lover” feature — which promises a secure connection — allows partners to exchange text messages, conduct video chats and control a paired We-Vibe device, the woman’s statement of claim said.

    • How an Art Exhibit on Surveillance Says Too Little by Showing Too Much

      Photography and video are powerful mediums for these sorts of topics. They are inherently entwined in tools of surveillance, but they allow artists to play with and document surveillance. Photography can really make us think about the meaning of privacy, and the best work in “Public, Private, Secret” proves that to be true. But the exhibit, trying to say everything, doesn’t say much.

    • “We Are Adopting Principles of Fascism”

      Retired Army JAG Major Todd Pierce explains how his perspective on U.S. foreign policy and politics has changed as he watched the nation’s slide into “perpetual war,” in Part Two of an interview with Philip Weiss of Mondoweiss.

    • The Value of Oliver Stone’s ‘Snowden’

      As Stone emphasized in person at a screening that I attended, the film is not a documentary and was decidedly fictionalized for dramatic effect. That said, many specifics and incidents are true — and Stone remained true to Snowden in terms of his intelligence, temperament and reasoning that helped shape the actions he took.

      This riveting film — Stone’s latest foray into the dangers and excesses of the National Security State — has all the ingredients that we’ve come to expect from the frequent Academy Award winner and nominee. Stone’s touch is everywhere evident in the film.

      The story that Stone and co-writer Kieran Fitzgerald weaves is compelling. The characters grow and evolve over the course of the film. The score is evocative. Shots are artfully crafted to make a rich movie-going experience. The visuals — and in one particular sequence, visualizations — are stunning.

      Stone takes us along on Snowden’s personal journey of discovery in a film that is anchored by the love story between initially political opposites who grow, change and learn to make sacrifices to protect each other.

    • Cyber Command, NSA split could affect west county

      Fort George G. Meade and the surrounding area could see an increase in military contracts and investments with a unified U.S. Cyber Command that is separate from the National Security Agency.

      By becoming a combatant command, U.S. Cyber Command would become a more influential institution within the Department of Defense, with the ability to directly procure resources for its operations and have its own contracting arm, as opposed to going through the NSA.

      The debate has resurfaced whether the two agencies should have a single leader, with officials examining how such a split would work.

      “By elevating it, it’s a big broadcast mechanism for the state of Maryland and for this region,” said Tim O’Farrell, president of the Fort Meade Alliance.

    • CyberCom and the NSA need a divorce

      Separating the National Security Agency and the U.S. Cyber Command is the right thing to do and would correct the mistake made by combining them in the first place.

    • Can the NSA Stop the Next Snowden?

      William Evanina has never met Edward Snowden, but the two are intimately bound. As national counterintelligence executive—essentially the man in charge of American counterintelligence—Evanina is tasked with fixing the damage that leaks like Edward Snowden’s have done to the U.S. intelligence community, and preventing new ones.

      In the summer of 2013, Evanina was assistant special agent in charge of the FBI’s Washington, D.C., field office. When the Snowden breach was announced, he was put on the case.

    • WashPost Makes History: First Paper to Call for Prosecution of Its Own Source (After Accepting Pulitzer)

      Three of the four media outlets which received and published large numbers of secret NSA documents provided by Edward Snowden – The Guardian, The New York Times and The Intercept – have called for the U.S. government to allow the NSA whistleblower to return to the U.S. with no charges. That’s the normal course for a newspaper, which owes its sources duties of protection, and which – by virtue of accepting the source’s materials and then publishing them – implicitly declares the source’s information to be in the public interest.

      But not The Washington Post. In the face of a growing ACLU-and-Amnesty-led campaign to secure a pardon for Snowden, timed to this weekend’s release of the Oliver Stone biopic “Snowden,” the Post editorial page not only argued today in opposition to a pardon, but explicitly demanded that Snowden — their paper’s own source — stand trial on espionage charges or, as a “second-best solution,” “accept[] a measure of criminal responsibility for his excesses and the U.S. government offers a measure of leniency.”

  • Civil Rights/Policing

    • Glenn Beck: Empathy for Black Lives Matter

      In a recent speech to a group of conservatives, I made what I thought was a relatively uncontroversial point about the commonalities between Trump supporters and Black Lives Matter activists. I thought this was a simple idea, but the criticism was immediate and sharp: How dare I try to understand the “other side”?

    • One in 4 French Muslims in ‘revolt’ against secular laws

      Around one in four French Muslims, mostly young people, support an ultra-conservative form of Islam, including the wearing of the full-face veil, but the vast majority accept France’s strict secular laws, a study showed Sunday.

      The Ifop survey carried out for a major study of French Muslims by Institut Montaigne, a liberal think-tank, showed that the vast majority of people who identify as Muslim accept curbs on religion in public.

      But 60 percent considered girls should nonetheless be allowed to wear the headscarf in school, 12 years after it and other religious symbols were banished from the classroom, the survey published in Le Journal du Dimanche weekly showed.

      And around one in four — 24 percent — supported the wearing of the burqa and niqab, the full-face veils that were banned in public places in 2010.

      The survey of 1,029 people aims to inform the government’s plans to overhaul French Muslim bodies in the wake of several jihadist attacks, most of them the work of French extremists.

    • Inspector General Says FBI Probably Shouldn’t Impersonate Journalists; FBI Says It Would Rather Impersonate Companies Anyway

      The FBI’s impersonation of an AP journalist during an investigation raised some serious questions about what the agency considered to be acceptable behavior when pursuing suspects. The outing of this tactic led to a lawsuit by the Associated Press, which was naturally unhappy its name was being used to deliver malware to a teenaged bomb threat suspect.

      The FBI performed its own investigation of the matter (but only after it had become public knowledge — seven years after the incident actually occurred) and found that rules may have been broken by this impersonation of a news agency. Certain approval steps were skipped, making the investigatory tactic not exactly by the book. But in the end, the report congratulated the FBI on using the ends to justify the means.

    • Green Party VP Ajamu Baraka on Human Rights Violations in the United States

      In an interview with Sharmini Peries, Baraka discusses Black Lives Matters, the Flint water crisis, shelter, immigration, and more

  • Internet Policy/Net Neutrality

    • Town Loses Gigabit Connections After FCC Municipal Broadband Court Loss

      Back in February the FCC voted to use its Congressional mandate to ensure speedy broadband deployment to dismantle protectionist state laws intentionally designed to hinder broadband competition. But the FCC recently found itself swatted down by the courts, which argued the agency lacks the authority to pre-empt even the worst portions of these laws. As a result municipal broadband providers continue to run face first into protectionist provisions written by incumbent ISP lawyers and lobbyists solely concerned about protecting the current broken broadband market.

  • DRM

  • Intellectual Monopolies

    • The gold standard for trade secret theft (or is that the way of the world)? Robert Fortune and Chinese tea

      By the 1830’s, a significant feature of economic life of the British Empire was about opium and tea. Opium was raised in the Indian east and delivered, mainly by inland waterways, to the Indian west coast (think Calcutta), and from there smuggled for sale in China, despite the protestations of the Emperor. With the proceeds, the English purchased quality Chinese tea, which it then brought home (“[n]early one in every ten pounds sterling collected by the government came from the import and sale of tea” (p. 1). The English loved their tea, but all agreed that Chinese tea was far superior to what was being produced in India. However, the Chinese took careful measures to keep secret their tea industry, including control both of the tea plants and their means of production.

      This worked well enough for a while, but one side-effect of the First first Opium War (1839-1942), which opened up Chinese markets to English traders, was that China began to raise locally the poppy seeds from which opium was derived. Should this continue, England would have less Indian-sourced opium to sell, meaning it would have less revenues from which to purchase Chinese tea. The solution: develop an Indian-based tea industry that would produce tea of Chinese quality. To do this, they needed to find tea terroir similar to that in China (think the Darjeeling area and the Himalayan foothills). More importantly, they had to learn as much as possible about the secrets of the Chinese tea industry. The person tasked with this mission was a Scottish botanist/adventurer named Robert Fortune.

    • After Two-Year Hiatus, WIPO Resumes Discussions On Protecting Traditional Knowledge [Ed: WIPO talks about preserving knowledge whilst attacking (illegally) its staff for speaking out]

      How can traditional knowledge be protected against misappropriation and who should benefit from this protection is at the heart of discussions at the World Intellectual Property Organization this week. After over a two-year hiatus, WIPO delegates are resuming discussions this week on a potential treaty protecting traditional knowledge. The week’s focus is to find common understanding of core issues, such as the definition of traditional knowledge, and the scope of protection.

      The 31st session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore is taking place from 19-23 September.

    • Copyrights

      • Indian Court Says ‘Copyright Is Not An Inevitable, Divine, Or Natural Right’ And Photocopying Textbooks Is Fair Use

        Last week there was a big copyright ruling in India, where a court ruled against some big academic publishers in ruling that a photocopying kiosk that sold photocopied chapters from textbooks was not infringing on the copyrights of those publishers. We wrote about this case over three years ago, when it was first filed. It’s actually fairly similar to a set of cases in the US that found college copyshops to be infringing — leading to a massive increase in educational material costs for college students.

Patents Roundup: Disclosure Requirements, Mobile Patents, Patent Lawyers’ Plagiarism, USPTO Getting Sued, and Corporate Domination of the Patent System

Posted in America, Apple, Asia, Europe, Microsoft, Patents at 4:40 am by Dr. Roy Schestowitz

“Called “patent sharks”, they bought dormant agricultural patents and then sued farmers who were unknowingly using protected technology. This brass knuckles tactic outraged rural activists and led to the same calls for sweeping patent reform that we hear now.” —Gerard N. Magliocca, Blackberries and Barnyards: Patent Trolls and the Perils of Innovation

Blackberries and Barnyards

Summary: The unwanted elements of the patent system (as it stands at present) illuminated by very recent news and patent court cases

WE sometimes worry that our growing focus on the EPO has distracted somewhat from the patent quality problems at the USPTO. We spend an enormous amount of time looking into patent news from all around the world and occasionally something catches our eye that needs a quick comment but not a comprehensive rebuttal. Herein we lay out some recent patent news, with or without further comment.

Disclosure Requirements

“Patents cannot be used defensively, only as means of retaliation (M.A.D.) so that both sides suffer and only lawyers win (they profit from patent wars irrespective of the outcome).”When it comes to patents, rules vary wildly depending on the country. Here we have Switzerland-based site praising its own country on patents, but it’s only part of the story because for a rich country to have a lot of patents makes a lot of fiscal sense, for reasons we explained last month. The Swiss patent system and the role of Switzerland in the EPO requires taking into account Switzerland’s rather unique economy.

Mobile Patents

According to the patents-centric media, Judge Koh, probably best known in recent years for her involvement in Apple and Samsung trials, is still going strong. “The Senate Judiciary Committee on Thursday voted 13-7 to approve the nomination of U.S. District Judge Lucy Koh to the Ninth Circuit,” says this report.

One article, this one coming from a niche Web site, wrongly assumes that ‘app’ (buzzword, usually meaning software for mobile devices) development requires patents. If you develop a mobile ‘app’ and waste time/effort worrying about patents on software, then you’re probably doing it wrong and wasting resources. Patents cannot be used defensively, only as means of retaliation (M.A.D.) so that both sides suffer and only lawyers win (they profit from patent wars irrespective of the outcome). Deterrence using patents does not exist when trolls are involved.

“Microsoft had extorted HTC using patents as well; HTC chose to settle to avoid legal action and potential embargoes.”“Apple Was Hit with a $22M Verdict for Infringing an Acacia Patent,” wrote a patent attorney the other day. Acacia is a Microsoft-connected patent troll. As for Apple, when it sued HTC 6 years ago it showed that it too was quite a patent bully. “According to the complaint,” says another new report, HTC is being sued again and “the plaintiff [Infogation] alleges that Infogation Corp. suffered damages to its business from having its patent infringed. The plaintiff holds HTC Corp. and HTC America Inc. responsible because the defendants allegedly manufacture and distribute mobile phones containing software that infringes the plaintiff’s patents.”

They just can’t leave HTC alone, can they? Microsoft had extorted HTC using patents as well; HTC chose to settle to avoid legal action and potential embargoes. Speaking of embargoes (or injunctions), another example of the ITC being exploited for embargoes (using patent allegations before even a proper trial) can be seen in this new press release. So much for promoting innovation, eh? Promoting racketeering maybe… Microsoft has used the ITC for embargoes using patents for nearly a decade now.

“What’s a Patent Worth?”

“Patents are a lot like financial bubbles and are also an instrument of tax evasion some of the time.”That’s the headline of this article which says: “When a technology business fails, and the flesh of the going concern is stripped away, often the only thing that remains is a paper skeleton of potentially valuable patents. In 2011, Nortel Networks’ patent portfolio of wireless technology patents sold for $4.5 billion. A few years later in 2013, Kodak’s portfolio of digital imaging patents brought in $525 million. Now, Yahoo’s patent portfolio of nearly 3,000 patents is on the block, and experts estimate that it could sell for $1 billion. While “expert” valuations are not always accurate, (Nortel’s portfolio was initially valued at $1 billion, and Kodak’s portfolio was initially valued at $2.2-2.6 million; see http://spectrum.ieee.org/at-work/innovation/the-lowballing-of-kodaks-patent-portfolio) the estimates for Yahoo’s portfolio work out to more than $300,000 per patent, well in excess of the cost of acquisition.”

As we explained before, Yahoo’s patents are mostly software patents, thus they’re pretty worthless right now (after Alice).

Patents are a lot like financial bubbles and are also an instrument of tax evasion some of the time.

Hartig Drug Co. v Senju Pharmaceutical Co.

“Microsoft does this a lot to vendors that sell GNU/Linux, Chrome OS, and Android devices. It’s a form of extortion, depending on how it’s done and how severe the threats are, quality of patents (if disclosed) aside.”A patent maximalism site said about a fortnight ago: “Perhaps one of the most influential first year law school classes for the task of learning how to “think like a lawyer” is civil procedure. Particularly when the professor is bold enough to engage students on the intricacies of the topic, its intricacies can make for a challenging final exam. These experiences should come to mind for many antitrust lawyers when considering the Third Circuit’s decision in Hartig Drug Co. v. Senju Pharmaceutical Co., where the Court applied subject matter jurisdiction principles to reverse a District Court’s dismissal of Hartig’s antitrust allegations on the pleadings.”

Notice the antitrust element of it. It’s quite common when it comes to patent monopolies.

Asetek v AVC

“Patent lawyers say we need to respect patents, but they sure don’t respect copyrights some of the time.”This recent coverage of a case involving patents on cooling systems is also noteworthy. To quote: “The Asetek patents cover liquid cooling systems used to cool integrated circuits (such as those on a computer). Over the past several years, Asetek has sued several competitors for infringing the patents including CoolIT and Cooler Master. In 2014, Asetek sent AVC a letter accusing the company of infringing — however the letter mistakenly accuesd AVC of manufacturing the Liqmax 120s (it does not). After some letters back-and-forth, Asetek eventually sent a letter that it “believes that AVC is likely selling other infringing products in the United States.” After an unsuccessful meeting, AVC filed its declaratory judgment action. The question is whether these facts are sufficient to show an actual controversy between the parties.”

So this can formally become a lawsuit pretty soon, unless money is coughed out in pre-trial settlement. This too often turns out to be of an antitrust nature. Microsoft does this a lot to vendors that sell GNU/Linux, Chrome OS, and Android devices. It’s a form of extortion, depending on how it’s done and how severe the threats are, quality of patents (if disclosed) aside.

Stryker v Zimmer

Earlier this month we found some coverage of the case at MIP which explained: “The Federal Circuit has affirmed the jury’s finding of wilful infringement but vacated and remanded the district court’s award of treble damages, in its Stryker v Zimmer decision”

“Patent lawyers are so dishonest about so-called innovation, so why not plagiarise too?”We wrote about Stryker/Halo in the past. “The jury awarded Striker [sic] $70 million in lost profits,” explains another site. “On appeal,” it added, “the Federal Circuit affirmed as to infringement, validity and damages. [...] Most of the new Stryker opinion involves a recitation of the Federal Circuit’s previous opinion affirming the district court as to infringement and validity. The last three pages, however, deal with the § 284 enhancement issue on remand. What’s interesting is that the Federal Circuit is maintaining its bifurcated approach to enhancement of damages, first requiring a predicate willfulness determination followed by the judge’s discretionary determination of whether and how much to enhance damages. This is essentially the same process as before. See i4i Ltd. Partnership v. Microsoft Corp., 598 F.3d 831 (2010). Pre-Halo, the second step of the process (the district judge’s determination of whether and how much to enhance damages) was a totality-of-the circumstances analysis that was reviewed for abuse of discretion (i.e.: basically the same as the court required in Halo). Id. The Federal Circuit’s post-Halo approach to enhancement involves the same two steps, with the exception that the willfulness determination itself is guided by the holding in Halo rather than requiring the two-element objective/subjective determination of Halo. (The enhancement determination is too, but it’s hard to see much difference there.) Under Halo, the subjective component alone can be enough to establish willfulness.”

This was very good news for patent trolls. It still is.

Patent Lawyers and Plagiarism

“It sure looks as though patent trolling is a ‘thing’ in east Asia right now…”Patent lawyers say we need to respect patents, but they sure don’t respect copyrights some of the time. There is even plagiarism reported and potentially a lawsuit to provide evidence of it. “This creates some very interesting problems for lawyers,” said a patents pundit, “and calls to my mind the case a few years ago where a patent prosecutor was sued for using language from a patent in a specification for another client. I’m not a copyright lawyer, and so just raise this case for you to think.”

Patent lawyers are so dishonest about so-called innovation, so why not plagiarise too? Another article by Dennis Crouch speaks of patent malpractice today. It’s part of an outline of upcoming SCOTUS cases. To quote the introduction:

The Supreme Court will begin granting and denying petitions in early October. Meanwhile, several new petitions are now on file. Last week I wrote about the TC Heartland case as a mechanism for limiting venue. Without any good reason, the Federal Circuit overruled a 1957 Supreme Court case that had strictly limited patent venue as spelled out in the patent venue statute 1400(b). See VE Holdings (explaining its overruling of Fourco Glass). A result of VE Holdings is the expansive venue availability that facilitated the rise of E.D. Texas as the most popular patent venue. TC Heartland simply asks the Supreme Court reassert its Fourco holding – something that could almost be done with a one-line opinion: “REVERSED. See Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957).” The best arguments for the Federal Circuit’s approach are (1) the reasoning of Fourco itself is a bit dodgy; and (2) VE Holdings is well settled doctrine (decided 26 years ago) and Congress has revised the statutory provisions several times without amending. As a side note, several members of Congress have suggested they will act legislatively if SCOTUS fails to act.

Two new petitions (Grunenthal v. Teva and Purdue v. Epic) stem from the same Federal Circuit OxyContin case and focus on anticipation and obviousness respectively. Grunenthal v. Teva questions how ‘inherently’ operates for anticipation purposes. Purdue suggests that – despite the final sentence of Section 103, that the actual circumstances of the invention should be available to help prove non-obviousness (but still not be available to prove obviousness). Another new petition includes the BPCIA case Apotex v. Amgen that serves as a complement to the pending Sandoz case questioning the requirements and benefits of providing notice of commercial marketing.

USPTO is Getting Sued Again

“What they mean by “monetisation” is shakedown or a gentle form of blackmail.”Last week we wrote about fraud at the USPTO, or examiners defrauding taxpayers as Florian Müller and others chose to frame it. According to this article, the USPTO has another embarrassment to cope with. To quote: “In Hyatt v. USPTO, Civ. No. 16-1490 (D.Nevada, Filed June 22, 2016), Hyatt asks for injunctive relief to stop the PTO from repeatedly ‘reopening prosecution’ in his cases and consequently shielding the cases from judicial review by either the PTAB or Article III courts. Hyatt is experiencing the common reality of examiners reopening prosecution once an appeal brief is filed.”

The Ts: Patent Tax and Trolls

“Well, patents on corn oil extraction are deemed invalid by a court, probably because the USPTO just issues a patent for every piece of paper that comes in, leaving courts to clean up their mess.”In recent weeks we wrote about what had happened in east Asia, where patent trolling is becoming an epidemic. It sure looks as though patent trolling is a ‘thing’ in east Asia right now and here is IAM writing about a new non-practicing entity (IAM would never use the T word). To quote: “Just over a month since display maker Sharp came under the formal control of Hon Hai Precision Industry (Foxconn), big changes to its IP operations are already in the offing. Nikkei Asian Review reported on Tuesday that the Japanese company’s IP function would be hived off into a separate IP management company on October 3rd, with one goal being to create more value from Sharp’s massive global patent portfolio. Speaking exclusively to IAM, Foxconn IP chief YP Jou confirmed how the responsibilities for the Sharp portfolio will be divided within the sprawling Foxconn IP apparatus, and revealed the team’s priority when it comes to monetisation.”

What they mean by “monetisation” is shakedown or a gentle form of blackmail. Speaking of so-called ‘monetisation’, this new report says that “[f]ive big holders of cellular patents, including Qualcomm Inc., are joining an effort proposed by Ericsson AB to jointly license patents in an emerging field called the Internet of Things.”

“Some person with an MBA spreads some myths about patents right now, as if companies just can’t do without them.”Here comes the patent tax to surveillance of all Things (IoT). “Qualcomm has long derived a chunk of their revenue from licensing,” said this one person, “so this isn’t a big change for them.”

Qualcomm also came under heavy regulatory scrutiny for it. Watch what IAM wrote about this. These guys are looking at the surveillance of all Things (IoT) only from the point of view of patents; yes, patents alone.

Patents on Corny Stuff

“Unless we get engineers to enter the political systems, we’ll continue to have lawyers with their lawyer buddies from college writing laws, including patent laws.”Well, patents on corn oil extraction are deemed invalid by a court, probably because the USPTO just issues a patent for every piece of paper that comes in, leaving courts to clean up their mess. This new press release says that “GreenShift Corporation (OTCQB: GERS) provided an update regarding the ongoing patent infringement action involving GreenShift’s subsidiary, GS CleanTech Corporation (“CleanTech”), and its corn oil extraction patents.”

Corporate Domination of IP [sic] Law

Some person with an MBA spreads some myths about patents right now, as if companies just can’t do without them. Watch the corporate sob story: “It’s clear the current system is working for no one except those who want money for nothing. America’s inventive spirit has been the lifeblood of our economic growth for generations, moving us from horse-drawn carriages to electric cars in just over a century. Missteps by the courts, Congress, and the Patent Office have threatened to drive that underground, unwittingly rewarding a few large corporations happy to profit off the work of others at no cost to themselves. That’s not the American way.”

“…TPP threatens to spread software patents almost everywhere. It is a truly villainous back room deal and it should be crushed.”What he is trying to say is that people accused of infringement “want money for nothing” and that it’s the “American way” to give large companies monopolies, so as to prevent others from competing. He advocates protectionism, not an American way. Unless we get engineers to enter the political systems, we’ll continue to have lawyers with their lawyer buddies from college writing laws, including patent laws. It’s the sad truth. Here is another new lawyers’ congregation (EPIP) where they speak ‘on behalf’ of inventors, developers etc. Notice the “IP” in the event’s name. The notion of so-called ‘IP’ (an umbrella for several totally separate things) helps mislead people into equating patents with copyrights and secrets; this event wasn’t about patents as it covered other aspects of so-called ‘IP’ (an umbrella for several totally separate things) and when people say “IP” we should always ask them to be specific. IP means nothing; copyrights, trademarks, patents and trade secrets do. Here is how EPIP started: “The plenary session kicked off with Professor Rochelle Dreyfuss highlighting the expansion of trade secrets protection globally, and the worrying potential unintended consequences. There are increasing concerns that trade secrets and economic espionage law in the US is being used to racially profile researchers. (Interesting coverage on the targeting of Chinese-American researchers here.) Dreyfuss discussed the potential negative impact of non-compete clauses on innovation, employees and economic growth. She argued that criminalisation related to trade secrets generates an especially strong chilling effect as high-tech workers are unwilling to risk incarceration. Dreyfuss also observed that TPP (Trans Pacific Partnership) does not create a minimum trade secrets standard, and is trying to express a new norm that information shouldn’t be free.”

Just to remind readers, TPP threatens to spread software patents almost everywhere. It is a truly villainous back room deal and it should be crushed.

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