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05.19.16

It’s All Just Artificial Distractions From EPO Management, ‘Yellow’ Union Comes Under Scrutiny Again

Posted in Europe, Patents at 2:50 pm by Dr. Roy Schestowitz

The EPO knows very well what it’s doing right now…

EPO distraction
Media manipulation: Distraction types

Summary: What’s happening inside the EPO these days and what meaningless rubbish the management of the EPO would rather have the media obsessed with

THE EPO‘s decision to retaliate against former staff has met/invited a lot of resistance from the staff union, SUEPO. It’s only to be expected because the EPO not only stretches the law but most probably breaks it (not that it cares about having to refuse to obey court orders).

The EPO cannot justify its sheer abuses. It just keeps the latest PR/charm offensive going until the end of this month (to distract the media, which resorts to writing puff pieces like this new one). More publicity stunts from the EPO could be found today (shameless self-promotion from this scandalous institution). Not enough people are voting, so the EPO asks people to vote every day for well over a month. It sometimes even ‘spams’ [1, 2]. It’s rather pathetic and oftentimes painful to watch. As one might expect, there is also another kind of UPC lobbying from the EPO right now, promoting class war on behalf of large corporations (not even European corporations).

There’s a common saying, check what things are designed to distract from. Well, earlier today SUEPO issued a short statement under the headline “Letter dated 27 April 2016 from FICSA to FFPE regarding signature of Memorandum of Understanding on 2 March”. The enclosed document is this PDF and the short summary said: “On 27 April 2016, the Federation of International Civil Servants’ Association (FICSA) sent a letter to the Federation de la Fonction Pbulique Européenne (FFPE) regarding the Memorandum of Understanding (MoU) signed on 2 March 2016 between the EPO and the FFPE-EPO…”

As a recap regarding FFPE-EPO consider the following older articles:

  1. In the EPO’s Official Photo Op, “Only One of the Faces is Actually FFPE-EPO”
  2. Further Evidence Suggests and Shows Stronger Evidence That Team Battistelli Uses FFPE-EPO as ‘Yellow Union’ Against SUEPO
  3. “FFPE-EPO Was Set up About 9 Years Ago With Management Encouragement”
  4. Fallout of the FFPE EPO MoU With Battistelli’s Circle
  5. The EPO’s Media Strategy at Work: Union Feuds and Group Fracturing
  6. Caricature of the Day: Recognising FFPE EPO
  7. Union Syndicale Federale Slams FFPE-EPO for Helping Abusive EPO Management by Signing a Malicious, Divisive Document
  8. FFPE-EPO Says MoU With Battistelli Will “Defend Employment Conditions” (Updated)
  9. Their Masters’ Voice (Who Block Techrights): FFPE-EPO Openly Discourages Members From Reading Techrights
  10. Letter Says EPO MoU “Raises Questions About FFPE’s Credibility as a Federation of Genuine Staff Unions”
  11. On Day of Strike FFPE-EPO Reaffirms Status as Yellow (Fake/Management-Leaning) Union, Receives ‘Gifts’
  12. Needed Urgently: Information About the Secret Meeting of Board 28 and Battistelli’s Yellow Union, FFPE-EPO
  13. In Battistelli’s Mini Union (Minion) It Takes Less Than 10 Votes to ‘Win’ an Election

FICSA is not a newcomer to this. It already complained about the EPO’s management [1, 2] and now it has this to say to Battistelli’s allegedly ‘yellow’ union:

FICSA letter page 1

FICSA letter page 2

If someone can extract the text from the PDF and send it to us (or post it below in the comments), that might help.

Anonymous Commenters Debate Whether Battistelli’s EPO Can Revoke Pensions of Dismissed Employees Who Dare — GASP — Find Alternative Employment

Posted in Europe, Patents at 2:14 pm by Dr. Roy Schestowitz

“Disaster for the EPO.”

Siege Philips Amsterdam
No people jump through the windows of this building, where Dutch law is still applicable (unlike the EPO)

Summary: A look at causes for desperation and immense pressure at the EPO, where pensions can be cut as means of reprisal and people can be denied employment even after they leave the European Patent Office (EPO)

THE EPO is still in a state of crisis, based on what Board 28 said. Nothing has improved since.

Battistelli found a regime at a level low enough even for him, having just visited Morocco (warning: epo.org link, also published separately in French). To be fair, after ignoring or breaking European laws he can’t make friends. Not many politicians would wish to be associated with him in any way if they actually did their homework. Battistelli is somewhat of an outcast except within circles of dyed-in-the-wool patent maximalists and large patents-hungry corporations such as Philips.

Battistelli’s mistreatment of his own workers has earned him a zero (yes, 0%) approval rate/level, based on a recent extensive study (thousands of respondents). He not only abuses the staff while this staff works for the Office but also when the staff is ill. He is punishing them even after leaving the Office for good (after dismissing them under highly controversial circumstances). What kind of ‘President’ is this? Maybe the kind of ruler one might expect to find in Morocco or Tunisia.

Reflecting or remaking on the mistreatment of former EPO staff, several comments in IP Kat were too good to ignore. One person wrote:

Here’s an interesting question: what would be the consequence if an EPO employee (let’s assume for the moment a member of DG3) were to defy a “ban” imposed by the EPO president on taking up new employment?

Presumably, it would be impossible for the EPO to take legal action against their former employee. This is because such action would need to be launched before the national courts, which apply national laws and not EPO internal rules. (Plus, of course, the EPO might be reluctant to take action in the light of the very high likelihood that the EPO’s rules would be found to be contrary to national laws.)

Would that mean that the only action that the EPO could take would be depriving their ex-employee of the benefit of a pension from the EPO? If so, that could be a risky strategy – as it could open the door to legal action against the EPO. In such a situation, what defence could the EPO mount against an accusation of “stealing” acquired rights from their ex-employee? If the answer is their internal rules, then we return to the question of whether they would really want to try to justify those rules before a national court…

An issue here could perhaps be the challenge of getting a national court to accept jurisdiction for the dispute. However, it is arguable that the EPO’s immunity would not apply to disputes involving the proposed, new rules. This is because immunity of the Organisation applies only within “the scope of its official activities” (Art. 3(1) PPI). Further, such “official activities” are defined in Art. 3(4) PPI as “such as are strictly necessary for its administrative and technical operation, as set out in the Convention”. It is hard to see how it could possibly be argued that the new rules could be argued to be “strictly necessary” when the EPO has functioned perfectly well for decades without them!

Here is a response to this:

The Office would simply start disciplinary action and decide to cut the pension. And if you think you have a legal way out of that via the national courts, I suggest you inform the people recently dismissed about your findings.

Yes: I know about Art. 3(4) PPI. In practice, it is never applied. May I remind you that the Office was condemn by a Dutch court and that the Vice President said in front of Dutch TV that they will not follow the judgment? What more do you need?

There is also this:

Suing a former employee by the EPO may not be so easy, but withholding the pension = income is an extremely severe punishment for any former employee, but especially so for pensioners who want to continue e.g. as patent agents. And it such a case it is the EPO that has to be sued by the former employee, which, as we all know, takes years. By the time the pensioner has won that case, he is dead.

The issue of taking away people’s pension attracted some attention earlier this week. “This is quite an important question,” one person told me and another said [1, 2, 3]: “True as far it concerns national law procedure however they would immediately start an intern. disciplinary procedure and decide to cut your pension! Most probably without success! Sad but true this is Europe anno 2016 ! Hold your breath and be prepared it will even get nastier in the near future!”

Further (more recent comments) spoke about Ms. Hardon’s pension cut:

you may well be right. However, the only pension that I am aware of having been “cut” (that of Ms. Hardon) was apparently restored. I doubt that Monsieur le President reversed his decision purely out of the kindness of his heart… which might mean that there were other (e.g. legal) reasons that left him with no choice but to hand over what, in any event, were acquired rights.

The question of whether the EPO respects the judgement of a national court is, ultimately, a matter for the AC. That is, they have the power to order the president to respect any judgement – and to eject him if he refuses to do so and/or to lift his immunity. I guess that whether the AC decides to take any action depends upon how much political pressure they feel under from their bosses back home. Not the most ideal set-up for ensuring that fundamental rights are respected at the EPO, but not entirely hopeless.

Here is another interesting point: the proposed, new conditions of employment (including what those in private practice might see as an equivalent of a restrictive covenant for DG3 members… and perhaps others) were not those that EPO employees agreed to when signing up. Imposing restrictions on future employment is a very serious matter, and so requires the explicit (and informed) consent of any employee to be bound by such restrictions. With this in mind, how could the AC even contemplate rubber-stamping the unilateral imposition of such restrictions by way of “new rules” that have not received the consent of the employees that they affect?

That alone would appear to be a very good reason for the AC to simply dismiss the proposed rules out of hand.

“Batistelli has recently denied the AC the power to tell him what to do,” one person then added. “Disaster for the EPO.” Here is the full comment:

First, very good reasons have not been the guidance followed by the AC for a long time, even less so under the Batistelli administration.
Second, Batistelli has recently denied the AC the power to tell him what to do.
So what is the sum total of this picture?
Disaster for the EPO.

In relation to the Boards, which we wrote about in the weekend and early this week [1, 2, 3], one person said:

About the boards of appeal and the UPC: the UPC, as the EPO board of appeal and the German “Bundespatentgericht” foresees legal and TECHNICAL members. Finding legal members should not be too much of a problem (although the language requirements may prove to be a problem), but finding technical members will probably be. The technical members need to be:
-trained technically, basically they should have an engineering diploma
-fluent in the 3 official languages and
-trained legally (although not as much as a legal member).
Basically the idea is that the courts should have specialists able to understand in details what the Patent is about (especially important in difficult subject matter like chemistry, biotech, computers…).
In the EPO board of appeal and the Bundespatentgericht, the technical members were recruited from examiners.

The EPO board of appeal is the single largest collection of people filling the requirements of TECHNICAL members (especially when one considers language requirements).

Now Battistelli, being motivated by his personal vendetta against the board of appeal, has caused a major problem. In a well run office, the board of appeal would be sufficiently staffed, so that a fraction of their members could be sent to the UPC to train future staff and deal with the first cases. Battistelli closed that route twice: by making sure that they will be legally excluded to do so and by refusing to staff the EPO board of appeal for years. None of this is proper management: every manager knows that when a new branch is started, training new staff is a bottleneck. It is in all the management books.

There are quite a few other comments on this subject which we didn’t mention, but many seem to suggest that “Battistelli, being motivated by his personal vendetta against the board of appeal, has caused a major problem.” (or something along these lines)

We sure hope that EPO staff, including the Boards of Appeal, will fight back against Battistelli and his ‘baby’, the antidemocratic UPC. We welcome leaks relating to this subject. The UPC would be sunk if more of the European public knew the truth about the UPC force-feeding and what forces motivate this whole push.

Australian Productivity Commission’s Research Calls for Ban on Software Patents, Davies Collison Cave Calls for Complaints Against This Finding

Posted in Australia, Law, Patents at 1:41 pm by Dr. Roy Schestowitz

The parasitic business of Davies Collison Cave not unsurprising (see below)

Davies Collison Cave

Summary: As the push against software patents grows in Australia, much to the chagrin of Australian software developers, Davies Collison Cave (patent law firm) publicly calls for opposition, calling its side “the truth” and pretending it represents “Australian innovators.”

EARLIER this month we saw the Australian Productivity Commission recommending the elimination of software patents [1, 2]. This was an important wake-up call not only to Australians but to governments all over the world, especially governments that write laws for the public interest, not for giant corporations (recall the Indian kerkuffle on this matter).

“This was an important wake-up call not only to Australians but to governments all over the world…”According to the financial (interests) media in Australia, the “WTO chief economist challenges Productivity Commission view on IP” because, as one must remember, WTO is a patents (or ‘IP’) maximalist. Remember who WTO truly represents. It’s like those same interest groups that are pushing for TPP, TTIP and their south-Pacific equivalents/complements.

The European Commission, facing the likes of the Productivity Commission, is now pressured “to ban patents on seeds”, which are still being granted at the EPO. “Tomorrow,” said an announcement, “a symposium on patents and plant breeders’ rights will be hosted by the Dutch Minister for Agriculture.”

Well, it makes sense to do so. Who benefits from patents on seeds? We covered this subject before.

“It’s like those same interest groups that are pushing for TPP, TTIP and their south-Pacific equivalents/complements.”Either way, patent scope boundaries are imperative. Without them, all we have is another USPTO and SIPO (China’s). They are both notorious for low patent quality.

The other day, writing in patent lawyers’ media, Spruson & Ferguson wrote about the Australian Productivity Commission report as follows:

Reforming the patentability of business methods and software inventions

Business methods have been defined as a method of operating any aspect of an economic enterprise, including ‘trading, transacting, finance, resource management, marketing and customer service’16. The Commission found that Business Methods and Software patents reward low– (or even no–) value innovations, and therefore, on balance, it is unlikely that granting patents in the area of Business Methods and Software increases the welfare of the community. While recommendations with regards to changes to the inventive step threshold for standard patents, and dispensing with innovation patents, may ‘knock out’ a large share of Business Methods and Software inventions, the Commission still considers that there is value in making clear that Business Methods and Software should not be considered patentable subject matters.17

Draft Recommendation 8.1 suggests that the Australian patent system should exclude Business Methods and Software from patent protection, as was done in a number of other countries.18 More particularly, it is recommended that section 18 of the Patents Act 1990 (Cth) be amended to explicitly exclude Business Methods and Software from being patentable subject matter. According to the Commission, amending the Patents Act 1990 (Cth) as recommended would minimise the ongoing legal uncertainty, and bring Australia into alignment with the approaches taken in other jurisdictions without impinging on international obligations.

A contrasting view is that, even if there is no case for patenting Business Methods and Software, it is not necessary to explicitly exclude Business Methods and Software from being patentable subject matter. The patentability of Business Methods and Software in Australia has already drastically been restricted by the courts, for example by the Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177 decision, by qualifying what constitutes a manner of manufacture within the meaning of section 6 of the Statute of Monopolies (i.e. section 18(1)(a)). Presently, business system inventions that are not within a ‘field of technology’ are not patentable. Accordingly, since that decision Business Methods and Software inventions generally do not meet the “manner of manufacture” criteria of patentability.

Not too long afterwards, the same lawyers’ site published this selfish, self-promotional call for opposition to the Commission’s findings, specifically calling for written support for software patents in Australia. Shame on Davies Collison Cave for lobbying for software patents in spite of Australian developers unequivocally rejecting and detesting them (we covered this some years back). To quote:

If patents for software are important to your business, then this message is also important for you.

The Productivity Commission has released a draft report which it intends to make final. It includes a recommendation that the Australian Patents Act be amended to explicitly exclude software from being patentable.

The Commission believes that software patents do not encourage new, valuable innovation. We suggest you tell them the truth.

Written submissions in reply to the draft can be made here by 3 June 2016.

It is time our Government heard from Australian innovators.

Yes, that’s right. They are “the truth.” And they are also “Australian innovators.” Like Microsoft front groups represent SMEs

Links 19/5/2016: Wine-Staging 1.9.10, Android N

Posted in News Roundup at 7:30 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • F5’s Latest Updates Give a Nod to Developers

    As virtual appliances become a bigger part of its business, F5 is tweaking some of its products to better fit the concept of developers programming the network.

    The company has separated its orchestration tool from its management tool. The latter, which involves monitoring the network and making sure features such as high availability are viable, is still within the purview of networking people. But orchestration and provisioning of services is becoming more of a programmer’s job.

  • Building a bootstrapped business on open source

    Back in 2009, our day-to-day life at Planio was writing software for clients. Client work is often fun, but there can also be a feeling that you’re stuck on a hamster wheel of endlessly churning through projects, always looking for new customers.

  • Getting started with Node-RED

    Node-RED is a browser-based flow editor that lets users wire together hardware devices, APIs, and online services in new and interesting ways.

    Node-RED’s nodes are like npm packages, and you can get them the same way. And because Node-RED has a built-in text editor, you can make applications as complex as you like by adding JavaScript functions.

    Because Node-RED is based on Node.js and takes advantage of the event-driven, non-blocking model, it can be run on low-cost hardware like the Raspberry Pi or in the cloud.

  • PyBERT: Open-Source Software for Modeling High-Speed Links

    PyBERT by David Banas frees you from IBIS-AMI models, which have their limitations, for modeling high-speed SerDes devices and systems for signal integrity.

  • Events

    • 5 keys to hacking your community. What works?
    • Kindness and Community

      This was all after a weekend of running the Community Leadership Summit, an event that solicited similar levels of kindness. There were volunteers who got out of bed at 5am to help us set up, people who offered to prepare and deliver keynotes and sessions, coordinate evening events, equipment, sponsorship contributions, and help run the event itself. Then, to top things off, there were remarkably generous words and appreciation for the event as a whole when it drew to a close.

    • OpenPGP.conf: Call for Presentations

      OpenPGP.conf is a conference for users and implementers of the OpenPGP protocol, the popular standard for encrypted email communication and protection of data at rest. The conference shall give users and implementers of OpenPGP based systems an overview of the current state of use and provide in-depth information on technical aspects.

    • OSCON for the Rest of Us Starts Today

      Things get cranked-up for real in Austin, Texas today at OSCON. Although the conference started on Monday, the first two days were reserved for special two day training classes and tutorials. Today the big gate opens wide on the Ringling Brothers, Barnum and Bailey of open source conferences. For the first time ever, the event is taking place deep in the heart of Texas, as OSCON has said goodbye to Portland, Oregon, at least temporarily, to say hello to the land of Tex-Mex vittles.

  • Web Browsers

    • Mozilla

      • Welcome Alex Salkever, Vice President of Marketing Communications

        Alex was most recently Chief Marketing Officer of Silk.co, a data publishing and visualization startup, where he led efforts focused on user growth and platform partnerships. Alex has held a variety of senior marketing, marketing communications and product marketing roles working on products in the fields of scientific instruments, cloud computing, telecommunications and Internet of Things. In these various capacities, Alex has managed campaigns across all aspects of marketing and product marketing including PR, content marketing, user acquisition, developer marketing and marketing analytics.

      • Mozilla Rebuffed in Effort to Get Code Vulnerability Disclosed to it First

        All around the world, there continue to be many people who want to be able to use the web and messaging systems anonymously, despite the fact that some people want to end Internet anonymity altogether. Typically, the anonymous crowd turns to common tools that can keep their tracks private, and one of the most common tools of all is Tor, an open source tool used all around the world. Not everyone realizes that Tor shares code with Mozilla’s Firefox.

        That fact had to do with why Mozilla recently asked the U.S. District Court for the Western District of Washington, in the interest of Firefox users, to disclose any findings of vulnerability in Tor to it first, before any other party learns of the vulnerability. I covered the request here. Now, a federal judge has rejected Mozilla’s bid to have the government disclose any vulnerability related to its Firefox web browser. Here are details.

      • Firefox tops Microsoft browser market share for first time

        StatCounter, which analysed data from three million websites, found that Firefox’s worldwide desktop browser usage last month was 0.1 percent ahead of the combined share of Internet Explorer and Edge at 15.5 percent.

      • Report: Firefox Overtakes IE and Edge For the First Time
      • EFF wants to save Firefox from the W3C and DRM

        THE ELECTRONIC FRONTIER FOUNDATION (EFF) and web stalwart BoingBoing are fretting about the future of Firefox after moves by the World Wide Web Consortium (W3C) that they claim threaten competition and liberty.

        A post on the EFF blog and BoingBoing pages warned that the W3C’s weakening approach to openness threatens the future of the browser, which once looked like the only thing that could save the internet.

  • SaaS/Back End

    • Notes for my HTCondor Week talk

      I’m delighted to have a chance to present at HTCondor Week this year and am looking forward to seeing some old friends and collaborators. The thesis of my talk is that HTCondor users who aren’t already leading data science initiatives are well-equipped to start doing so.

  • Databases

    • SQLite 3.13 Released With Session Extension, Postponed I/O For Temp Files

      SQLite 3.13 was released today as the newest version of this widely-used and relied upon embedded SQL database library.

      SQLite 3.13 integrates the Session Extension, which is used for generating change/patch-sets into a file for applying the same set of changes to another database with the same schema. This session extension can be used for merging changes from multiple users working off the same baseline database back into the original database and other use-cases where you may want to mege a “patch” of the changes to an original database. More details on SQLite’s Session Extension can be found via this documentation page.

  • CMS

    • Open Source Content Management and Site Analytics Solutions are Flourishing

      Whether you want to run a top-notch website or a blog, or manage content in the cloud, open source content management systems (CMS) and analytics tools have come of age. You’re probably familiar with some of the big names in this arena, including Drupal (which Ostatic is based on) and Joomla. As we noted in this post, selecting a CMS to build around can be a complicated process, since the publishing tools provided are hardly the only issue.

  • BSD

    • pfSense 2.3 BSD Firewall Gets Its First Major Update with Over 100 Changes

      Chris Buechler from the pfSense project announced the availability of the first point release in the stable 2.3.x series of the open-source, BSD-based firewall platform.

      pfSense 2.3.1 arrived on May 18, 2016, as an upgrade to the pfSense 2.3 Update 1 (a.k.a. pfSense 2.3-1) released at the beginning of the month to introduced an important patch to the Network Time Protocol (NTPd) package, which has been upgraded from version 4.2.8p6 to 4.2.8p7.

    • Reusing the OpenBSD in Multi-Threaded User Space Programs

      Now it is time for OpenBSD. Here you will read about “Reusing the OpenBSD arc4random in multi-threaded user space programs” by Sudhi Herle. Upgrade your OpenBSD to the latest version and start your testing.

  • FSF/FSFE/GNU/SFLC

  • Licensing/Legal

  • Openness/Sharing/Collaboration

    • 40 governments commit to open contracting to fight corruption

      Forty government organisations have committed to implementing open contracting in an attempt to fight corruption. They did so at the Anti-Corruption Summit 2016, which took place in London last week.

    • Open Data

      • Welcome to Academic Torrents!

        We’ve designed a distributed system for sharing enormous datasets – for researchers, by researchers. The result is a scalable, secure, and fault-tolerant repository for data, with blazing fast download speeds.

  • Programming/Development

Leftovers

  • Science

    • Computer science professor on the changing face of tech

      Dr. Kyla McMullen spoke at OSCON’s morning keynote session today. She was the first African-American woman to graduate with a PhD in Computer Science and Engineering at the University of Michigan. And it says a lot about tech’s lack of inclusiveness that this landmark achievement happened in 2012.

    • Scientists Gave Depressed Patients Psilocybin in a First for Psychedelic Therapy

      In a recent UK trial, 12 patients with major depression took a pill quite different to commonly prescribed antidepressants: 25mg of psilocybin, the psychedelic compound found in magic mushrooms.

      Though it’s early days (the study is the first of its kind), the results of the trial are promising.

  • Health/Nutrition

    • Antibiotics will stop working at a ‘terrible human cost’, major report warns

      Urgent action is needed to control the use of antibiotics before they cease to work, leaving a number of major conditions untreatable and causing “terrible human and economic cost”, a major study has warned.

      Resistance to antibiotics is growing at such an alarming rate that they risk losing effectiveness entirely meaning medical procedures such as caesarean sections, joint replacements and chemotherapy could soon become too dangerous to perform. Unless urgent action is taken, drug resistant infections will kill 10 million people a year by 2050, more than cancer kills currently, the report’s authors warn.

    • Superbugs will ‘kill every three seconds’

      Superbugs will kill someone every three seconds by 2050 unless the world acts now, a hugely influential report says.

      The global review sets out a plan for preventing medicine “being cast back into the dark ages” that requires billions of dollars of investment.

      It also calls for a revolution in the way antibiotics are used and a massive campaign to educate people.

      The report has received a mixed response with some concerned that it does not go far enough.

      The battle against infections that are resistant to drugs is one the world is losing rapidly and has been described as “as big a risk as terrorism”.

    • Surgery surprise: Small rural hospitals may be safer and less expensive for common operations

      “They” are critical access hospitals – a special class of hospital that’s the closest option for tens of millions of Americans living in rural areas. And according to new findings published in the Journal of the American Medical Association, having surgery at one of them may be a better bet for most relatively healthy patients than traveling to a suburban or city hospital.

    • How to provide Medicare for all

      Obamacare, aka the Affordable Care Act, became law six years ago. The intention was to ensure that nearly all Americans have health insurance, while controlling costs. How did that work out?

      When the law was enacted, about 16 percent of Americans were uninsured. That has dropped to 10 percent. So instead of 50 million uninsured Americans, there are now about 30 million without insurance. That’s better, but hardly universal.

      Health cost inflation slowed for a few years, probably because of the recession, but it’s now resuming its rapid growth. In total, the United States spent $8,400 per person on health care six years ago, or $2.6 trillion. Last year we spent $10,000, or $3.2 trillion.

    • Health Advocates Worry About The Rapidly Increasing Cost Of ‘Opioid Overdose Antidote’

      In the midst of growing concern about the rising cost of prescription drugs, lawmakers are scrambling to slow down price increases for naloxone, a drug that can reverse the effects of an opioid overdose. Some versions of the life-saving drug are 17 times more expensive than they were two years ago — stunting efforts to combat a drug overdose crisis that’s causing thousands of deaths across the country.

    • Police and Prison Guard Groups Fight Marijuana Legalization in California

      Roughly half of the money raised to oppose a ballot measure to legalize recreational marijuana in California is coming from police and prison guard groups, terrified that they might lose the revenue streams to which they have become so deeply addicted.

      Drug war money has become a notable source of funding for law enforcement interests. Huge government grants and asset-seizure windfalls benefit police departments, while the constant supply of prisoners keeps the prison business booming.

    • Monsanto and the Poisoning of Europe

      This week, a Standing Committee of plant scientists from 28 member states in Europe is likely to endorse the European Food Safety Authority’s (EFSA) findings so that the European Commission (under pressure from Monsanto, Glyphosate Task Force and others) can re-authorise glyphosate for another nine years. This is despite the WHO classifying glyphosate as being “probably carcinogenic” to humans.

      An open letter from campaigner Rosemary Mason to Dirk Detken, Chief Attorney to the EFSA, follows the brief background article you are about to read. In the letter, Mason highlights the regulatory delinquency concerning the oversight of glyphosate in the EU. The evidence provided by Mason might lead many to agree that processes surrounding glyphosate ‘regulation’ in Europe amount to little more than a “cesspool of corruption.”

      There are around 500 million people in the EU. They want EU officials to uphold the public interest and to be independent from commercial influence. They do not want them to serve and profit from commercial interests at cost to the public’s health and safety. However, what they too often get are massive conflicts of interest: see here about the ‘revolving door’ problem within official EU bodies, here about ‘the European Food and Safety Authority’s independence problem’ and here about ‘chemical conflicts’ in the EC’s scientific committees for consumer issues.

    • GMOs Safe to Eat, Says Research Group That Takes Millions From Monsanto

      Public skepticism is growing over a new report that claims genetically modified (GE or GMO) foods are safe for consumption, particularly as information emerges that the organization that produced the report has ties to the biotechnology industry.

      Genetically Engineered Crops: Experiences and Prospects (pdf), released Tuesday by the federally-supported National Academies of Sciences, Engineering, and Medicine, states not only that GMO crops are safe to eat, but that they have no adverse environmental impacts and have cut down on pesticide use. Its publication comes as U.S. Congress—which founded the institution—considers making GMO labeling mandatory on consumer products.

    • Why Are Los Angeles Children Drinking Cloudy, Discolored Water?

      How would you feel if your child’s school water supply was murky and yellowish water? You would likely be outraged, like the community in Watts, California is.

      South Los Angeles residents were shocked to learn that, in January 2016, they were exposed to six-hours worth of untreated well water. And many residents are just now finding out about it. The affected water supply serves about 20,000 residents in Watts and neighboring Green Meadows, according to LA Times.

  • Security

    • Tuesday’s security advisories
    • Secure Hardware vs. Open Source

      Recently there have been discussions regarding Yubico’s OpenPGP implementation on the YubiKey 4. While open source and security remains central to our mission, we think some clarifications and context around current OpenPGP support would be beneficial to explain what we are doing, why, and how it reflects our commitment to improved security and open source.

    • The Alarming Truth

      Car alarms don’t deter criminals, and they’re a public nuisance. Why are they still so common?

    • Security hole in Symantec antivirus exposes Windows, Linux and Macs

      A major security vulnerability has been uncovered by UK white hat hacker and Google Project Zero developer, Tavis Ormandy. The vulnerability applies to the Symantec Antivirus Engine used in most Symantec and Norton branded Antivirus products and could see Linux, Mac and Windows PCs compromised.

    • Patch now: Google and JetBrains warn developers of buggy IDE

      Google has emailed Android developers advising them to update Android Studio, the official Android IDE, to fix security bugs. Other versions of the JetBrains IntelliJ IDE, on which Android Studio is based, are also affected.

      The bugs are related to the built-in web server in the IDE. A cross-site request forgery (CSRF) flaw means that if the IDE is running and the developer visits a malicious web page in any browser, scripts on the malicious web page could access the local file system.

    • Researchers crack new version of CryptXXX ransomware
    • How to empty your bank’s vault with a few clicks and lines of code

      A security researcher has demonstrated how he could have theoretically emptied an Indian bank’s coffers with no more than a few clicks and lines of code.

      Earlier this week, researcher Sathya Prakash revealed the discovery of multiple, critical vulnerabilities and poor coding in an unnamed government-run Indian bank.

  • Defence/Aggression

    • 9/11 bill passes US Senate despite Saudi ‘warning’

      A bill that would allow the families of 9/11 victims to sue the Saudi government has passed a key hurdle in the US Senate.

      The Justice Against Sponsors of Terrorism Act (JASTA) now moves to the House of Representatives.

      Saudi Arabia’s foreign minister warned that the move could cause his government to withdraw US investments.

    • Crooked Hillary and the Rape of Honduras

      The history of US-Honduran relations is the story of endless meddling by Washington on behalf of crony capitalists, notably United Fruit, now known as Chiquita. A series of invasions and military occupations in the early part of the twentieth century – seven between 1903 and 1925 – ensured that American investors would get good returns on their investments, while keeping the restless natives under the boot of local oligarchs. During the cold war era, the Jeanne Kirkpatrick doctrine of preferring “pro-American” dictators to left-wing democrats prevailed, and the Reagan administration used the country as a base for undermining the leftist Sandinista regime: the contras, funded by Washington, were based in the country, from which they regularly launched terrorist raids targeting civilians.

    • When Putin Called-Out Obama on a Big Lie, Press Ignored It

      U.S. President Barack Obama lied, about a very important matter. The people calling him out on it should be more than just the Russian President. This is an issue — World War III — that affects the entire world.

    • Obama Ratchets Up to Invade Russia

      America is installing in Europe a new system that’s designed to block Russia’s ability to retaliate against a nuclear attack, but Obama sold it to European nations saying it will protect them against a nuclear attack from Iran.

    • Can Iran sue the US for Coup & supporting Saddam in Iran-Iraq War?

      Iranian members of parliament have approved the details of a bill that insists US compensate Iran for its crimes against that country.

      The bill comes as a result of a $2 billion judgment against Iran entered by a US court and backed by an act of the US Congress, on behalf of the families of Marines killed in a Beirut bombing in 1983. Iran was allegedly behind the attack, though responsibility for it was attributed to a fundamentalist Lebanese Shiite splinter group that was a predecessor of Hizbullah.

    • How the NSA Pushed Iraq Invasion

      Charlie Savage in the New York Times writes Tuesday: “On Monday, the news website The Intercept said it would publish the entire archive of the [National Security Agency’s Top Secret internal] newsletter and began by posting more than 150 articles from 2003…. For example, one article described the American and British ambassadors to the United Nations expressing thanks to the agency for providing what the latter called ‘insights into the nuances of internal divisions among the five permanent members of the U.N. Security Council’ during the diplomatic negotiations ahead of the Iraq War.”

      The Intercept on Monday in one of their postings stated the NSA’s intelligence “during the wind-up to the Iraq War ‘played a critical role’ in the adoption of U.N. Security Council resolutions. The work with that customer was a resounding success.” The relevant document quotes John Negroponte, then the U.S. ambassador to the United Nations: “I can’t imagine better intelligence support for a diplomatic mission.”

    • The life and death of Daniel Berrigan

      Dan Berrigan published over 50 books of poetry, essays, journals and scripture commentaries, as well as an award winning play, “The Trial of the Catonsville Nine,” in his remarkable life, but he was most known for burning draft files with homemade napalm along with his brother Philip and seven others on May 17, 1968, in Catonsville, Maryland, igniting widespread national protest against the Vietnam war, including increased opposition from religious communities. He was the first U.S. priest ever arrested in protest of war, at the national mobilization against the Vietnam war at the Pentagon in October 1967. He was arrested hundreds of times since then in protests against war and nuclear weapons, spent two years of his life in prison, and was repeatedly nominated for the Nobel Peace Prize.

    • Airline Confirms Plane Has Crashed, but No Cause Is Given

      The missing EgyptAir plane has crashed, the airline said on its Twitter account. The statement updates previous information released by the airline saying only that the plane was missing.

      Two security officials at Cairo International Airport also said the plane was presumed to have crashed.

    • Crashed Egyptair Flight

      His summary was as balanced and sensible as it could be possible to make. Indeed Eamonn Holmes felt it necessary to ramp up the terrorist narrative by stating there have only ever been 68 mechanical failures on Airbus 320 aircraft. That is true, but it is a very much larger number than the number of terrorist incidents on A 320 aircraft.

    • EgyptAir Flight Carrying 69 From Paris to Cairo Disappears Over Mediterranean

      National carrier EgyptAir said a plane carrying 69 passengers and crew on a flight from Paris to Cairo had gone missing on Thursday, disappearing from radar over the Mediterranean Sea.

    • Live Now: Missing EgyptAir Flight From Paris to Cairo
    • EgyptAir Flight Disappears From Radar With 66 Onboard After Entering Egyptian Airspace, Airline Says

      EgyptAir flight 804 left Paris Charles De Gaulle Airport at 11:09 p.m. It lost contact with the radar tracking system over the Mediterranean Sea at 2:45 a.m. at 37,000 feet, after entering Egyptian airspace. (Both France and Egypt are in the same time zone.)

    • Missing EgyptAir flight MS804: One Briton onboard as French security officials say they ‘cannot rule out terror attack’

      An official in Egyptair said Egyptian said that Military search and rescue operations have received an SOS message from the plane emergency devices at 4:26 am Cairo time (3.36am London time).

      The statement said that the Egyptian military sent some planes and navy units to search for the plane, and that the Greece has sent some planes with coordination with Egypt.

    • openDemocracy: Whose side is Belarus on anyway?

      Belarusians generally feel closer to Russia than Ukraine, but refuse to get involved in the conflict between them. It is, they insist, “not our war”.

      The validity of opinion polls in countries with authoritarian regimes is often questioned: how strong is the fear factor in responses? Do they just reflect respondents’ unwillingness to express opinions that don’t fit the official line.

      But practice shows this not to be the case. In surveys recently conducted by Belarus’ Independent Institute of Socio-economic and Political Studies (IISEPS), even positive responses to a pointed question about President Aliaksandr Lukashenka only scored between 20%-50% approval. If we assume that a refusal to show approval of the Belarusian ruler required actual civil courage, that would make 50%-80% of the country’s population “heroes”, which is improbable, to say the least.

    • Russian, Belarusian FMs Criticize U.S. Missile-Defense Plans

      Belarusian Foreign Minister Uladzimer Makey says Belarus and Russia are concerned about the establishment of U.S. missile-defense systems in Eastern Europe.

      Makey made his comments after meeting in Minsk on May 16 with Russian Foreign Minister Sergei Lavrov, who also held talks with President Alyaksandr Lukashenka.

    • Appeal from U.S. to World: Help Us Resist U.S. Crimes

      Since the end of the Cold War, the United States of America has systematically violated the prohibition against the threat or use of force contained in the UN Charter and the Kellogg Briand Pact. It has carved out a regime of impunity for its crimes based on its UN Security Council veto, non-recognition of international courts and sophisticated “information warfare” that undermines the rule of law with political justifications for otherwise illegal threats and uses of force.

    • Brazil’s Neighbors Warn of President’s ‘Dangerous’ Ouster–but US Press Isn’t Listening

      The effort to oust twice-elected Brazilian President Dilma Rousseff has been big news in the United States. Since December 2015, when Brazil’s Chamber of Deputies began an impeachment process over Rousseff’s budget maneuvers, the New York Times has had 74 pieces that mention “Rousseff” and “impeachment,” according to the Nexis news database; the Washington Post has had 138 such stories.

      But something that hasn’t been big news in US corporate media has been the reaction from Brazil’s neighbors to Rousseff’s suspension pending a Senate trial. While some Latin American governments were supportive—notably, newly right-governed Argentina said it “respects the institutional process” in Brazil, while close US ally Colombia “trusts in the preservation of democratic institutionality and stability”—several others were harshly critical. Nicaraguan President Daniel Ortega called Rousseff’s removal an “anti-democratic process that has cast a shadow on the reliability and strength of institutions.” Bolivia’s Foreign ministry said Rousseff’s opponents were trying to “destabilize democratic processes and ignore the will of the people expressed in the popular vote.”

      Three Latin American countries—Venezuela and El Salvador on May 14, and Ecuador today, May 18—announced they were recalling their ambassadors from Brazil, one of the strongest expressions of disapproval a nation can take. Salvadoran President Sanchez Ceren said he would not recognize the government formed by Vice President Michel Temer after Rousseff’s removal. “We respect democracy and the people’s will,” Ceren said. “In Brazil an act was done that was once done through military coups.”

    • Fleeing Gangs, Central American Refugees Fight Deportation From the U.S.

      Alberto was shackled with ankle and waist chains last December when he flew in an airplane for the first time of his life. He and a dozen other Central American refugees were being transported from a Border Patrol detention center in Texas, where Alberto had been held for 25 days, to an Immigration and Customs Enforcement (ICE) detention center in York County Prison, Pennsylvania, where he would spend the next nine weeks. When he arrived, his clothes were confiscated and he was handed an orange jumpsuit, three pairs of boxers, two sheets, and a blanket. Then he was brought to a dormitory with 60 bunks and as many detainees. The room was freezing, and it stayed that way. “They would charge us $17 for a good sweater,” he told me. “And there were a lot of guys in there whose families couldn’t send them any money.”

    • Bill Clinton Talking like Trump on Immigration
    • Noam Chomsky: Why Obama Suddenly Decided to Cozy up With Cuba—It Wasn’t Warm and Fuzzy Feelings

      Michael Ratner: Well, Amy, let’s just say, other than the birth of my children, this is perhaps one of the most exciting days of my life. I mean, I’ve been working on Cuba since the early ’70s, if not before. I worked on the Venceremos Brigade. I went on brigades. I did construction. And to see that this can actually happen in a country that decided early on that, unlike most countries in the world, it was going to level the playing field for everyone—no more rich, no more poor, everyone the same, education for everyone, schooling for everyone, housing if they could—and to see the relentless United States go against it, from the Bay of Pigs to utter subversion on and on, and to see Cuba emerge victorious—and when I say that, this is not a defeated country. This is a country—if you heard the foreign minister today, what he spoke of was the history of U.S. imperialism against Cuba, from the intervention in the Spanish-American War to the Platt Amendment, which made U.S. a permanent part of the Cuban government, to the taking of Guantánamo, to the failure to recognize it in 1959, to the cutting off of relations in 1961. This is a major, major victory for the Cuban people, and that should be understood. We are standing at a moment that I never expected to see in our history.

    • Anti-War Democrats Try to Repeal Authorization for Endless War

      After years of bombings and a new, protracted conflict in the Middle East, the U.S. House on Wednesday is expected to vote on a measure that could end or extend President Barack Obama’s “blank check” for war, which is now currently used to sanction attacks against the Islamic State (or ISIS).

    • US Senate passes bill allowing 9/11 victims to sue Saudi Arabia

      The US senate has passed legislation that would allow the victims of the September 11 attacks to file lawsuits seeking damages from officials from Saudi Arabia – a move that sets the bill for a showdown with the White House.

      Fifteen of the nineteen men who hijacked four planes and flew them into targets in New York and Washington in 2001 were Saudi citizens, though Riyadh has always denied having any role in the attacks.

      A US commission established in the aftermath of the attacks also concluded there was no evidence of official Saudi connivance. However, the White House has been under pressure to declassify a 28-page section of the report that was never published on the grounds of national security.

  • Environment/Energy/Wildlife/Nature

    • Federal Agencies Brace for Historic Wildfire Season, Cite Climate Change

      Representatives with the US Forest Service met with Agriculture Secretary Tom Vilsack on Tuesday to prep for what could be another record-breaking wildfire season due to global warming.

      This year has already seen five times more acreage burned than at this time last year, the most aggressive wildfire season ever recorded. The Forest Service spent $2.6 billion on dousing fires alone in 2015.

      “We keep setting records we don’t want to see beat,” Secretary Vilsack said in a statement after the meeting.

    • National Parks on the Verge of Taking Corporate Funding

      The National Park Service (NPS) is proposing a relaxation on rules governing corporate partnerships in a move that could see parks increasingly commercialized and dependent on the whims of private donors.

    • Forget Cars: Cows And Fertilizer Could Be A Big Pollution Problem

      But the use of widely-available fertilizer has also come with some considerable downsides. Fertilizer runoff making its way into streams, rivers, lakes, and oceans has contributed to algal blooms and oxygen-free “dead zones” across the United States, from the Gulf of Mexico to the Great Lakes. In Iowa, the Des Moines Water Works utility filed a federal lawsuit against three farm counties, claiming that the filtration technology required to strip the drinking water of nitrates from excess fertilizer runoff costs the utility between $4,000 and $7,000 a day.

    • Trial by Fire in Alberta

      Last week Prime Minister Trudeau announced that the BEAST roaming the forests of Northern Alberta was under control. In a scene reminiscent of George Bush’s fly-by over New Orleans after Katrina, Trudeau flew in to Fort McMurray in a helicopter a week or so after things had cooled down, so to speak, to survey the damage. He came, he saw, he conquered the BEAST, or so it was made to appear. Trudeau was so confident that the danger had passed he spurned an offer of help from Russia, saying, “We don’t need help from other countries”. All seemed well over the weekend; the wildfires magically disappeared from our TV screens, and news reports focused, of course, on the return of people to work in the oil-sands. Suddenly however, it is being reported today, May 17th , that things have taken a drastic and unexpected turn for the worse. The CBC is reporting the evacuation of 8,000 workers, explosions and fires consuming homes in the area, and the emergency withdrawal of firefighters because it is “so dangerous out there”. Mais, qu’est-ce qu’ill se passe?

    • Activists in Pacific Northwest Vow to Keep Fossil Fuel Industry on Notice

      They call it a tipping point. It began with the “Shell No” mobilization last spring, when activists in Portland and Seattle thwarted the oil giant’s Arctic drilling plans. Now, after days of successful mass actions with the Break Free From Fossil Fuels campaign, in which thousands of protesters on six continents took defiant action earlier this month to keep fossil fuels in the ground, from the coal fields of Germany to the oil wells in Nigeria, a cross-regional campaign that’s taken root in the Pacific Northwest is vowing to continue the momentum.

    • Oil Company To Face Felony Charges Over Massive California Spill

      The company responsible for spilling 140,000 gallons of oil on the Pacific coastline near Santa Barbara, California, has been indicted on 46 charges, including four felony charges. One employee of Plains All American Pipeline was also indicted.

      The company faces up to $2.8 million in fines plus additional costs and penalties, which would be split between the state and Santa Barbara County. The employee, 41-year-old environmental and regulatory compliance specialist James Buchanan, faces up to three years in jail.

    • Portugal’s Renewable Energy Record: A Harbinger of What’s Possible

      In what is being hailed as a major achievement, Portugal just generated all of its electricity from renewable sources for more than four days in a row.

      According to an analysis of national figures by the Sustainable Land System Association in collaboration with the Portuguese Renewable Energy Association (APREN), from the morning of May 7 until the early evening on May 11—a total of 107 consecutive hours—”Electricity consumption in the country was fully covered by solar, wind and hydro power, ” the Guardian reports.

    • The American West Is Rapidly Disappearing

      A new study released Tuesday by the Center for American Progress (CAP) and Conservation Science Partners (CSP) found that every 2.5 minutes, the American West loses a football field worth of natural area to human development. This project, called the Disappearing West, is the first comprehensive analysis of how much land in the West is disappearing to development, how quickly this transformation is taking place, and the driving factors behind this loss.

    • The Past 30 Years Have Seen A 10-Fold Increase In The Cost Of Disasters. That’s Going To Get Worse.

      So much for renewable energy ruining the economy.

      By 2050 there will be $158 trillion in assets at risk from flooding alone — not to mention 1.3 billion people at risk — driven largely by climate change and urbanization.

      This is according to a new World Bank report, which finds that damages from disasters have been on the rise for decades and will keep getting worse.

    • Sticky fingers: The rise of the bee thieves

      The bees crawled up the thief’s arms while he dragged their hive over a patch of grass and through a slit in the wire fence he had clipped minutes earlier. In the pitch dark, his face, which was not covered with a protective veil, hovered inches from the low hum of some 30,000 bees.

      The thief squatted low and heaved the 30kg hive, about the size of a large office printer, up and on to the bed of his white GMC truck. He had been planning his crime for days. He knew bees – how to work them, how to move them, and most importantly, how to turn them into cash.

      He ducked back through the fence to drag out a second box, “Johnson Apiaries” branded over the white paint. Then he went back for another. And another.

    • Storing The Sun’s Energy Just Got A Whole Lot Cheaper

      We are witnessing the dawn of a revolution in which the grid rapidly increases renewable energy penetration, and lithium-ion batteries play an increasingly important role.

    • Global Warming Accelerates

      New climate data shows that the global warming crisis is worse – and accelerating at a faster pace – than was understood as recently as last year’s climate-change conference in Paris, writes Nicholas C. Arguimbau.

    • As Kinder Morgan Decision Looms, Trudeau’s New Pipeline Panel Denounced as “Smokescreen”

      In a move widely seen as an attempt to quell resistance to the expansion of British Columbia’s controversial Kinder Morgan oil pipeline, Prime Minister Justin Trudeau on Tuesday announced a new three-member ministerial review panel—with no veto power—that is meant to supplement the National Energy Board’s (NEB) much-maligned analysis of the project.

      The panel is intended as a fulfillment of Trudeau’s Liberal party’s campaign promises to expand environmental reviews of upcoming pipeline projects—but critics decried the effort as nothing more than a “smokescreen.”

      The NEB will release its recommendation as to whether the pipeline expansion is “in the public interest” on Friday. “If approved, the twin lines would carry nearly 900,000 barrels of crude a day starting in 2018,” notes CBC.

    • Trump’s Bizarre Climate Beliefs Would Jeopardize Meaningful Global Climate Action

      Donald Trump’s climate science denial and dubious deal-making skills just raised the stakes of this election to “existential.”

    • Glad tidings for sea power potential

      The daily ebb and flow of the tides promise a renewable energy bonanza for countries such as Canada and the UK that have shallow seas and a steep tidal range.

    • Neocon-Bashers Headline Koch Event as Political Realignment on Foreign Policy Continues

      In the latest example of how foreign policy no longer neatly aligns with party politics, the Charles Koch Institute — the think tank founded and funded by energy billionaire Charles Koch — hosted an all-day event Wednesday featuring a set of speakers you would be more likely to associate with a left-wing anti-war rally than a gathering hosted by a longtime right-wing institution.

      At the event, titled “Advancing American Security: The Future of U.S. Foreign Policy,” prominent realist and liberal foreign policy scholars took turns trashing the neoconservative worldview that has dominated the foreign policy thinking of the Republican Party — which the Koch brothers have been allied with for decades.

  • Finance

    • The Age Of Impunity

      Impunity is epidemic in America. The rich and powerful get away with their heists in broad daylight. When a politician like Bernie Sanders calls out the corruption, the New York Times and Wall Street Journal double down with their mockery over such a foolish “dreamer.” The Journal recently opposed the corruption sentence of former Virginia governor Bob McDonnell for taking large gifts and bestowing official favors — because everybody does it. And one of its columnists praised Panama for facilitating the ability of wealthy individuals to hide their income from “predatory governments” trying to collect taxes. No kidding.

    • Why This Is the Year of the Anti-Corporate Presidential Campaign

      Voters hit hardest by free-trade economics are rebelling against the status quo. We can use that energy to build a powerful, grassroots movement for democracy.

    • Obama Administration Tweaks Final Overtime Rule After Backlash

      It’s official: More Americans are going to get extra pay when they work extra hours.

      All workers paid hourly are always owed two and a half times their normal rate for working overtime hours. But currently, salaried workers who make over $23,660 a year aren’t guaranteed any extra pay when they put in more than 40 hours a week, a threshold that hasn’t been updated since 1975.

    • Swiss City of Zug accepts Bitcoin payments

      The Swiss Municipality of Zug will accept Bitcoin as payment for municipal services. The pilot will run from July 1 till the end of the year. According to Niklas Nikolajsen, CEO and cofounder of the Bitcoin Suisse trading house, this is the first time that a government agency will accept the cryptocurrency.

    • The Theory of Business Enterprises Part 3: Capital and Credit

      There is effectively no limit on the amounts that the monopolist can collect. We see this in operation in the pharmaceutical industry. Pfizer, for example, raises the prices regularly on drugs in which it has a monopoly or an oligopoly. See also this discussion of an interview Pfizer CEO Ian Read did with Forbes. The pricing strategy for new drugs is to maximize profits, not to provide for the needs of the community. The explanation is that a business valued by capitalization of future earnings, like Pfizer, must show increases in earnings every year, or the stock price will stabilize or perhaps fall, and perhaps even the interest rates charged by lenders will rise. That should make us ask why we think this is a good plan for something as important as medicine. But we don’t ask that question. Instead, our politicians protect businesses with favorable trade treaties and other accommodations, and raise prices to consumers for drugs.

      Suppose the goal of manufacturing drugs is to produce sufficient quantities to meet the needs of the community, and to pay the owner of a plant a reasonable living wage, as Veblen says was the case in Adam Smith’s time. This business model was used by actual non-profit hospitals like the one my Dad worked at, a Catholic hospital built and operated with cash raised from the community. In that setting, there is no need to raise prices beyond inflation and depreciation (shorthand for new and replacement equipment and plant, training and so on). Any new entrant would face the same situation, so there is no advantage to be obtained in the near term from introduction of new capital. The business of creating new drugs can be pushed off to venture capital, as is mostly the case already, so there is no need to provide for R&D. There would be no need in this setting to pay dividends, and the need for interest payments would also be reduced. There would be other savings as well.

    • Left-leaning users veer right on regulating Uber and Airbnb, study finds

      First major survey on the sharing economy finds most users of services such as Airbnb and Uber identify as liberal, but take conservative stance on regulation

    • Foreclosure Fraud Is Supposed to Be a Thing of the Past, But It Happens Every Day

      Every day in America, people continue to be kicked out of their homes based on false documents. The settlements over allegations of robosigning, faulty paperwork, and illegal mortgage servicing didn’t end the misconduct. And law enforcement, along with most judges and politicians, have looked away in the mistaken belief that they wrapped up a scandal that just goes on and on.

    • Led by Mega-Donors, Wall Street Is Crushing Previous Records for Outside Political Spending
    • More Than 50 Percent of Super PAC Mega-Donors are from Wall Street

      Unencumbered by much in the way of campaign finance regulation, Wall Street mega-donors are on pace to eclipse even their own “exorbitant precedents” during the 2016 election cycle, according to a new report from national watchdog group Public Citizen.

      The analysis, which uses data from the Center for Responsive Politics and the Federal Election Commission, finds that employees and businesses in the finance, insurance, and real estate sector already had given more to outside groups—specifically, super PACs devoted to presidential candidates—by the end of March than during any entire election cycle in history.

      On top of that, the securities and investment industry, a subset of the finance sector that includes hedge funds and private equity funds, also has given more to outside groups than in any full election cycle.

    • Samantha Bee Proves Even Super PAC Donors Are Sick of This Messed-Up Campaign Finance System (Video)

      In a comical interview with a real-life Republican Super PAC donor, the “Full Frontal” host highlights how dysfunctional our democracy has become.

    • Donald Trump Promises To ‘Dismantle’ Wall Street Reform

      In an interview with Reuters published on Wednesday, presumptive Republican presidential candidate Donald Trump said he will release an economic plan in two weeks that will undo nearly all of the financial reforms that went into effect in 2010.

      “I would say it’ll be close to a dismantling of Dodd-Frank,” he said, naming the financial reform package. “Dodd-Frank is a very negative force, which has developed a very bad name.”

      [...]

      Bernie Sanders has promised to break up too big to fail banks within the first year of his administration, cap ATM fees and interest on consumer products, and institute a financial transaction tax on Wall Street. Hillary Clinton has promised to crack down on the shadow banking system that still often falls outside the purview of regulation and expand on Dodd-Frank’s rules.

    • The 1 percent’s most dangerous weapon: Donald Trump and the global acceleration of income inequality

      No shocker, Donald Trump is once again defying conventional political wisdom and refusing to release his income taxes publicly. So far, his gut instincts have served him well in the first successful hostile takeover of one of America’s two major political parties by an individual. Trump knows better than most, great wealth, like mushrooms, flourishes best in darkness and with a steady stream of excrement to nourish it, which thanks to the corporate news media, 2016 has already supplied in ample quantities.

      Perhaps the candidate was emboldened by the lack of news media blow back on his stunning reversal on his pledge to “self-finance” his presidential campaign. The original story line was so Capraesque; the last great white hope billionaire willing to put his fortune at risk to redeem the Republic sullied by elites that had sold out the national interest to feather their own nests. But now with Trump’s selection of Steve Mnuchin, a hedge fund founder and second generation Goldman Sachs alum, as his finance chair, Trump is back in proper alignment with the hedge fund pirates of the Caribbean who to this day continue to profit from the 2008 Wall Street’s heist of the Main Street economy.

  • AstroTurf/Lobbying/Politics

    • Donald Trump and His Angry Voters Are Furthering an Extremist Christian Agenda

      Whether they know it or not, Donald Trump and millions of angry voters are taking their cues from a Southern Baptist preacher who died nine years ago. When that preacher, Jerry Falwell, decided in the late 1970s to “bring America back to God,” he gave rise to a brand of fundamentalist Christianity that fed directly into the current chaos in American politics. Falwell’s Moral Majority convinced fundamentalist Christians to become politically active. Media mogul Pat Robertson’s Christian Coalition organized those same fundamentalists to seize control of the Republican Party one precinct at a time. The Tea Party and those who share its ideas in fact represent fundamentalist Christianity in its latest guise.

    • Neocons Cry Anti-Semitism Over the Pro-Trump ‘Renegade Jew’ Smear That They Popularized

      An article labeling neoconservative movement leader, Fox News pundit and orchestrator of the #NeverTrump movement William Kristol as a “Renegade Jew” has sparked a frenzy on online news and social media forums. Written by David Horowitz, another neoconservative, for the pro-Trump Breitbart website, the piece trashed Kristol for his plans to back a third party candidate against Trump, the populist evildoer at the top of the Republican establishment’s political kill list.

    • Too Little Democracy Thwarts Fighting Trump

      Things were easier in late June 1912 when delegates loyal to Teddy Roosevelt stormed out of the Republican Convention — and set up camp a mile away in Chicago’s Orchestra Hall. Under a giant portrait of the former president, the rump convention nominated the 53-year-old Roosevelt as a third-party candidate against incumbent William Howard Taft and soon-to-be Democratic nominee Woodrow Wilson.

      Addressing the delegates (the first time in history that a presidential nominee accepted the honor in person), Roosevelt thundered, “If you wish me to make the fight, I will make it, even if only one state shall support me.”

      Actually, the former Rough Rider did better than that — carrying six states (including Pennsylvania, Michigan and California) with 88 electoral votes. But Wilson (435 electoral votes) swept to victory over the divided Republican Party with the beleaguered Taft only winning Vermont and Utah.

      With apparent ease, the newly created Progressive Party appeared on the ballot in all 48 states. Histories of the 1912 campaign like Sidney M. Milkis’ Theodore Roosevelt, the Progressive Party, and the Transformation of American Democracy do not even mention ballot access as a problem confronting the Bull Moose brigades.

      What a difference a century makes.

    • BREAKING: Connecticut To Automatically Register 400,000 Voters

      On Tuesday, Connecticut became the fifth state in the nation to approve a system where residents are automatically registered to vote every time they visit a Department of Motor Vehicles, following the lead of Oregon, California, West Virginia, and Vermont. The state is the first, however, to implement the policy administratively rather than passing a bill through the legislature.

    • Sanders wins Oregon primary while Clinton claims narrow win in Kentucky

      With 60% of the vote reporting, the Vermont senator was ahead of Clinton 53%-47%.

    • ‘This is nonsense’: Sanders dismisses Democratic criticism of protests at Nevada convention

      Senator Bernie Sanders issued a stinging rebuke to the Democratic Party’s leadership for criticizing his supporters’ protests at the Nevada convention last weekend, saying it had used its power “to prevent a fair and transparent process from taking place.”

    • BBC unveils shake-up of online services including recipes website

      The BBC has announced that a number of websites, including BBC Food and Newsbeat, are to close as part of plans to save £15m.

      The online News Magazine will also close but “long-form journalism” will continue in some form.

      Local news indexes for more than 40 geographical areas in England will also cease to exist.

      But the BBC will continue to offer a rolling Local Live service. The BBC’s Travel website is also facing the axe.

    • US Media as Conduits of Propaganda

      Nothing disturbs me more about the modern mainstream U.S. news media than its failure to test what the U.S. government says against what can be determined through serious and impartial investigation to be true. And this is not just some question of my professional vanity; it can be a matter of life or death.

      For instance, did Syrian President Bashar al-Assad cross President Barack Obama’s supposed “red line” against using chemical weapons, specifically in the sarin gas attack outside Damascus on Aug. 21, 2013, or not?

    • Plan B Is Not Bernie

      To begin with, the Democratic Party, an institution dedicated to plutocratic class rule and imperialism, would not allow Bernie Sanders to be their nominee. The plutocracy will not permit Bernie Sanders to be the CEO of American and world capitalism, let alone the Commander-in-Chief of the American empire.

      Furthermore, Bernie Sanders does not want to play either of those roles. He entered the race, as his advisors acknowledged to the New York Times, “to spread his political message about a rigged America rather than do whatever it took to win the nomination,“ and he has repeatedly pledged to support whomever the Democrats nominate.

      Whatever unexpected and undeniable success his campaign has had, it’s a “political revolution” that will be limited to exerting pressure on the Democratic Party and its eventual nominee. One can complain that it’s been blocked by electoral hijinks or by the anti-democratic superdelegates, but those sores have been festering for a long time in the party Bernie chose to run in. At this point, if Hillary comes to the convention with one more pledged delegate and more popular votes than Bernie—which she will—she will win fair and democratically square—and any attempt by him to use superdelegates against her would contradict his own erstwhile complaints about them. At any rate, those supredelegates were put in place expressly to prevent anyone like him from becoming the nominee, and are not going to be persuaded, even by wonderful arguments based electoral logic, to forsake their duty. Which of these folks is going to switch to Bernie because polls show he’d do better against Trump in the general?

    • How Democrats Manipulated Nevada State Party Convention Then Blamed Sanders For Chaos

      Days after a convention in which leaders incited chaos and disorder, the Nevada State Democratic Party demonized supporters of Bernie Sanders in a letter written to the Democratic National Committee.

      “We believe, unfortunately, that the tactics and behavior on display here in Nevada are harbingers of things to come as Democrats gather in Philadelphia in July for our National Convention,” declared Bradley S. Schrager, the state party’s general counsel. “We write to alert you to what we perceive as the Sanders campaign’s penchant for extra-parliamentary behavior — indeed, actual violence — in place of democratic conduct in a convention setting, and furthermore what we can only describe as their encouragement of, and complicity in, a very dangerous atmosphere that ended in chaos and physical threats to fellow Democrats.”

    • Will 712 Democratic Officials Decide 2016 Election? Uncovering the Secret History of Superdelegates

      The relationship between the Bernie Sanders campaign and the Democratic Party leadership has been challenging from the start of the 2016 election campaign, when former Secretary of State Hillary Clinton began the primaries with a more than 400-delegate lead by securing support from superdelegates—the 712 congressmembers, senators, governors and other elected officials who often represent the Democratic Party elite. Now a new article from In These Times by Branko Marcetic uncovers “The Secret History of Superdelegates,” which were established by the Hunt Commission in 1982. We are joined by Jessica Stites, executive editor of In These Times and editor of the site’s June cover story, and Rick Perlstein, the Chicago-based reporter and author of several books, including “Nixonland: The Rise of a President and the Fracturing of America.”

    • Naked Politics: Sanders, Clinton and How to Win When You’re Losing

      For his trouble, Sanders gets called a “thug” on live TV. I’ve been watching politically oriented television “news” programming with dreary regularity since Reagan was elected in 1980, and I’ve never seen anything like what I saw on Tuesday. MSNBC — the ha ha ha “liberal” news network — went to work on the Sanders campaign as if Bernie had shot Rachel Maddow’s dog in her front yard. It went on for hours. The crux of it centered around the mess that went down at the Nevada Democratic Convention this past weekend. The process of appointing delegates from the Nevada caucus was hijacked by Clinton surrogates in broad daylight, and some Sanders people flipped their lids.

      [...]

      It was remorseless, relentless “coverage” that entirely overshadowed what actually went down in Las Vegas. The Sanders campaign got jobbed by Clinton allies within the Nevada Democratic Party who didn’t even have the humility to do it out of sight; they stood at a podium and flipped the bird at a room filled with cameras and people who actually care about something beyond keeping their cushy sinecure within the Party. Some of those people freaked out and acted stupidly, but ask yourself: If you were in the room in 2000 when the Supreme Court decided to give the election to Bush, what would you have done? I might have thrown a chair, too.

    • Ben And Jerry’s Recipe To Save Democracy

      The new flavor, Empower Mint, is a peppermint base with fudge brownies and swirls. The new campaign, “Democracy is in Your Hands,” is aimed squarely at the fallout from two Supreme Court cases: Citizen’s United and the 2013 gutting of the Voting Rights Act.

  • Censorship/Free Speech

    • Larry Wilmore Was Invited on CNN Post White House Correspondents’ Dinner—and Then Abruptly Banned

      “I know a thing or two about cable news … I know that they literally have blacklists,” said Uygur. “It is not a conspiracy theory. … Mediaite has a source that says that [Wilmore] is [blacklististed] … and based on my experience, I am not at all surprised by that.”

    • Subtle: Iraq Flips The Internet Switch For 3 Hours To Combat Cheating Students And Corrupted Teachers

      We’ve talked about cheating in academia in the past, usually revolving around whether or not what used to be called cheating might be better thought of as collaboration. Beyond that, we’ve also talked about some of the strategies used to combat the modernity of “cheating”, which has included the monitoring of students online activities to make sure they weren’t engaged in cheating behavior.

      Well, the nation of Iraq doesn’t have time for all of this monitoring and sleuthing. When its students have their standardized tests, they simply shut the damned internet off completely.

    • Iraq Shuts Down Internet for Entire Country to Prevent Exam Cheating

      Iraq has done it again. The country’s Ministry of Communications has shut down Internet access in the entire country for the second year in a row just to make it harder for Iraqi students to cheat on their exams.

    • Turkey’s Erdogan blasts Europe’s silence on Bangladesh Islamist leader’s execution

      Turkish President Recep Tayyip Erdogan on Sunday lashed out at Europe’s silence over the execution of a veteran Islamist leader in Bangladesh, accusing the West of “double standards.”

      “If you are against political executions, why did you remain silent to the execution of Motiur Rahman Nizami who was martyred a couple of days ago,” Erdogan said in a televised speech in Istanbul.

      “Have you heard anything from Europe? … No. Isn’t it called double standards?” Erdogan said.

      Nizami, leader of the Jamaat-e-Islami party, was hanged at a Dhaka jail late Tuesday for the massacre of intellectuals during the 1971 independence war with Pakistan.

    • How Facebook Censorship Flap Could Affect Zuck’s Political Agenda

      When reports surfaced that Facebook might be suppressing conservative news in its trending topics bar, Republicans reacted as you would expect. They were pretty upset. And Facebook reacted as you would expect as well: The company denied the accusations, and its CEO is meeting with Republican leaders today to smooth things over.

      But Mark Zuckerberg isn’t just the CEO of a company accused of suppressing political views. He’s also a CEO well-known for his own political activity, and is particularly known for working to build rapport with Republicans and Democrats alike. A pet issue of his is immigration reform, and it’s an area where he has made special efforts to win conservative hearts on the side of creating a path to citizenship for undocumented immigrants.

    • After censorship scandal, Zuckerberg scrambling to re-obscure Facebook’s true nature

      This month, Facebook came under fire for allegations of censoring conservative-slanted news from users’ supposedly auto-generated Facebook news feed.

    • Conversation not PC censorship leads to tolerance

      Language is important says Rabbi Monique Mayer of Bristol & West Progressive Jewish Congregation

      The seriousness of words and the attitudes that certain kinds of language reflects has come into sharp relief over the last few weeks in the furore over anti-Semitism in the Labour party and remarks made by the new president of the National Union of Students.

      Words have been tossed around carelessly and callously, and there are arguments over who has the right to define what is offensive to whom.I spend a lot of time mulling over words and meaning and intention. Each time I sit down to write a sermon, article or presentation, I consider my message and the conclusions people may draw.

    • Senator’s Inquiry Into Facebook’s Editorial Decisions Runs Afoul of the First Amendment

      Allegations that Facebook’s “trending” news stories are not actually those that are most popular among users drew the attention of Sen. John Thune (R-SD), who sent a letter of inquiry to Facebook suggesting that the company may be “misleading” the public, and demanding to know details about how the company decides what content to display in the trending news feed. Sen. Thune appears particularly disturbed by charges that the company routinely excludes news stories of interest to conservative readers.

      Congressional inquiries usually come with the tacit understanding that Congress investigates when it thinks it could also legislate. Yet any legislative action in response to the revelations would run afoul of the First Amendment. It is possible that Sen. Thune, as chairman of the Senate Commerce Committee, sees Facebook as engaging is “unfair or deceptive” trade practices, but that still does not create a legal basis for regulating what amounts to Facebook’s editorial decision-making.

    • Malaysian Parliament Suppresses Debate on Anti-Blogger Amendments

      This week, the Malaysian Parliament went back into session to consider a series of amendments to the Communications and Multimedia Act 1998 that, if passed, will further chill online speech and worsen the Malaysian regime’s persecution of journalists, bloggers, and activists. The amendments may pass as early as next week, even before the public has had an opportunity to see them. We’ve written about the planned amendments before, based on the scattered information we had about them from leaks and rumors, but local activists have brought to light another likely feature of the planned amendments that is equally or more concerning: a requirement to register political blogs and websites.

    • Belarus. The two hidden mechanisms of media censorship

      The Freedom of the Press ranking recently published by Freedom House has found Belarus’ media environment to be Europe’s most restrictive. The ranking placed Belarus as 192nd out of 199 countries and territories within the “worst of the worst” category. These results suggest that media freedom in Belarus has neither been influenced by the country’s recent improvements in its relations with the West nor by the rapid spread of digital technologies. Some of the business community’s representatives have been unsatisfied with the ranking’s results, which call for a deeper reflection on the hidden mechanisms of control that afflict Belarusian media.

    • Age checks for porn sites in Queen’s Speech [Ed: frames the censorship debate as one about “the children” and “porn” (paedophilia connotations). Well, that’s BBC… typical.]

      The UK government will require pornographic sites to verify users are over 18 as part of a raft of measures announced in the Queen’s Speech.

      As part of its Digital Economy Bill, the government promises more protection for children online.

      It also pledged more protection for consumers from spam email and nuisance calls, by ensuring direct consent is obtained for direct marketing.

      And it reiterated its plans for driverless cars to be tested in the UK.

      The Conservative Party pledged in its manifesto to increase protection for children online.

    • Facebook blocked in Vietnam over the weekend due to citizen protests

      Facebook appears to have been blocked in Vietnam as a part of a government-imposed crackdown on social media, amid public protests over an environmental disaster attributed to toxic discharges from a steel complex built by Taiwan’s Formosa Plastics. Dissidents are blaming wastewater from the steel plant for a mass fish death at aquatic farms and in waters off the country’s central provinces. Citizens have been using Facebook to organize rallies, which is likely the cause of the shutdown.

      Instagram also appears to have been affected, according to reports.

      In addition to helping protesters organize, social media has been used to share photos of people at rallies, holding up handwritten signs that read “I choose fish.”

    • Facebook bans the Beaufort Observer

      The Beaufort Observer has been honored by Facebook. Our Observer Facebook site was getting so much attention and was obviously such a threat to Facebook that they felt they must shut it down. The way they went about doing it was to force us to convert it to what they call a “Page.”

    • Media Ignoring a MAJOR Part of the Facebook Scandal
    • Here’s the real reason Facebook agreed to meet with conservatives
    • Federal Lawsuit Alleging Google Improperly Censored Search Results Clears Hurdle
    • Florida court allows Google to be sued by publisher delisted as “pure spam”
    • Google Must Face Claims Over Search Removals
    • Google’s 1st Amendment defence to search censorship fails in court
    • Florida Court Denies Google’s 1st Amendment Defense
    • Censor board is outdated, junk it
    • Angry Birds got PG rating everywhere but U/A in India. Believe it
    • Fewer A-rated movies are made in India now, but censor asking for more cuts
  • Privacy/Surveillance

    • Man Who Streamed Son’s Birth on Facebook Live Didn’t Know He Was Sharing It with the World: ‘I Thought It Was Just Going to My Family’

      When Kali Kanongata’a recorded a video of his partner giving birth Monday, he had no idea he was sharing it with the world until his cousin chimed in with some helpful advice: “keep pushing.”

      “That’s when I saw the viewer count,” Kanongata’a, 36, tells PEOPLE. “I thought it was just going to my family and friends!”

    • The Shift To A Cashless Society Is Snowballing [INFOGRAPHIC]

      Love it or hate it, cash is playing an increasingly less important role in society.

      In some ways this is great news for consumers. The rise of mobile and electronic payments means faster, convenient, and more efficient purchases in most instances. New technologies are being built and improved to facilitate these transactions, and improving security is also a priority for many payment providers.

      However, there is also a darker side in the shift to a cashless society. Governments and central banks have a different rationale behind the elimination of cash transactions, and as a result, the so-called “war on cash” is on.

    • Hush To Judgment

      Your friends seem to be confusing privacy with secrecy. Secrecy is about having something to hide — often something shady you’ve done — while privacy is about choosing who gets the scoop on your life. There’s this notion that if you aren’t doing anything wrong, you’ve got nothing to hide. Well, you aren’t doing anything wrong on the toilet, but you probably don’t want to replace your bathroom walls with glass and set up bleachers in the backyard. Apparently, your boyfriend just expects people to put in effort to invade his privacy — rather than his being all “Welcome to our relationship! The usher will lead you to your seats — 13A and B, right by the headboard. We look forward to your comments. Even if you’re an Internet troll. Even if you’re a bot!”

    • SEC Says Hackers Like NSA Are Biggest Threat to Global Financial System

      Reuters reports that, in the wake of criminals hacking the global financial messaging system SWIFT both via the Bangladesh central and an as-yet unnamed second central bank, SEC Commissioner Mary Jo White identified vulnerability to hackers as the top threat to the global financial system.

      [...]

      Of course, the criminals in Bangladesh were not the first known hackers of SWIFT. The documents leaked by Snowden revealed NSA’s elite hacking group, TAO, had targeted SWIFT as well. Given the timing, it appears they did so to prove to the Europeans and SWIFT that the fairly moderate limitations being demanded by the Europeans should not limit their “front door” access.

    • It’s trivially easy to identify you based on records of your calls and texts

      Contrary to the claims of America’s top spies, the details of your phone calls and text messages—including when they took place and whom they involved—are no less revealing than the actual contents of those communications.

      In a study published online Monday in the journal Proceedings of the National Academy of Sciences, Stanford University researchers demonstrated how they used publicly available sources—like Google searches and the paid background-check service Intelius—to identify “the overwhelming majority” of their 823 volunteers based only on their anonymized call and SMS metadata.

    • District Attorney Arguing Against Encryption Handed Out Insecure Keylogging ‘Monitoring’ Software To Parents

      Beyond James Comey, there are still a few law enforcement officials beating the anti-encryption drum. Manhattan DA Cyrus Vance is one of those. He’s been joined in this fight by some like-minded district attorneys from the other coast, seeing as New York and California both have anti-encryption bills currently working their way through local legislatures. Vance, along with Los Angeles County DA Jackie Lacey and San Diego County DA Bonnie Dumanis, penned an op-ed against encryption for the LA Times. In it, they argue that tech companies have set them up as “gatekeepers” of communications and data, which they believe law enforcement should always have access to, no matter what.

    • New Leak Reveals the Fun and Follies of the NSA
    • Snowden NSA docs released by The Intercept
    • NSA Spied on Russian Crime Boss in Search for Links to Putin
    • Access to Snowden cache opens
    • Newsletters Released From Secretive National Security Agency
    • Report: NSA Tapped Phone Of Russian Crime Boss To Probe For Putin Ties

      Documents leaked by former U.S. National Security Agency (NSA) contractor Edward Snowden suggest that the spy agency eavesdropped on a Russian mob kingpin in an effort to determine his possible ties to President Vladimir Putin.

    • Snowden files set for wider release

      The full cache of secret documents from former US intelligence contractor Edward Snowden is being opened to journalists and organizations willing to work with the news organization holding the archive.

    • Hacktivism and the Insider Threat
    • Civil Liberties and National Security Expert on Edward Snowden and the NSA

      Civil liberties and national security expert Geoffrey Stone lays out little-known facts about NSA surveillance and the pitfalls of Snowden’s defense. Snowden and the NSA: Behind the Scenes.

    • Judge: Taking Your Facebook Account Private During Litigation Isn’t Exactly ‘Preserving Evidence’

      If your social media “presence” has been submitted as evidence, you’d better leave everything about it unaltered. That’s the conclusion reached by the judge presiding over a Fair Housing Act lawsuit. The plaintiff didn’t go so far as to delete Facebook posts relevant to the case at hand, but did enough that the defense counsel (representing the landlord) noticed everything wasn’t quite the way it was when the plaintiff was ordered to preserve the evidence.

    • The Police State and License Plate Scanners

      One of the latest tools for violating our privacy and creating the American police state are license plate scanners.

    • The NSA and Guantanamo Bay
    • Video: NSA involved in Gitmo interrogations – new Snowden leak

      The NSA participated in Guantanamo Bay interrogations, newly released leaks by whistleblower Edward Snowden show. A decade’s worth of NSA newsletters will be published over the coming months.

    • Updategate: Microsoft said to be auto-creating Skype accounts in Windows 10 [Ed: malware on top of more malware]

      A post on Betanews seems to suggest that Microsoft’s latest trick in its attempts to ‘respond to public demand’ (i.e. meddle) is to create and log you into a Skype account based on your Windows account, automatically.

    • The DAO raises $100 million: How the old world really can’t comprehend the new world

      The DAO – short for Distributed Autonomous Organization – is actually a rather bad name for this venture. That name is a modern equivalent of “The Corporation”. Something like “The Distributed Autonomous Venture Investor” would probably have been more understandable for this particular organization, as there are many more DAOs (just as there is more than one corporation). But still.

      TheDAO is the largest investment crowdfunding ever, beating the game Star Citizen which has pulled in $100 million in funding. TheDAO has currently attracted 108 million dollars in investment money, mostly from small and individual investors. This has left all the large investment institutions in complete confusion and disarray, as the technical term for this kind of amount is “a shitload of money”, which in turn attracts the attention of Wall Street.

      Star Citizen is understandable to Wall Street. It is a high-end entertainment product with an experienced game designer, with some of the most successful products ever, at the helm. The CEO has recruited some of the best people in the industry. This is grokable for the old world.

      [...]

      And that’s why you can trust the new kind of organization. Unregulated, unstoppable, uncensorable free enterprise, with the source code open for all to see.

    • Developer of anonymous Tor software dodges FBI, leaves US

      In its mission to hunt criminals, the FBI has been keen to hack Tor, the Internet browser that hides your true location.

      The FBI’s attempts to break into Tor are starting to manifest in strange ways.

      FBI agents are currently trying to subpoena one of Tor’s core software developers to testify in a criminal hacking investigation, CNNMoney has learned.

      But the developer, who goes by the name Isis Agora Lovecruft, fears that federal agents will coerce her to undermine the Tor system — and expose Tor users around the world to potential spying.

    • Top EU Legal Advisor Says IP Addresses are PII

      The Advocate General, top advisor to the European Court of Justice, has issued an opinion today about Internet anonymity. He found that dynamic IP addresses are personal data subject to data protection law. The opinion concerns the case of German pirate party politician and privacy activist Patrick Breyer who is suing the German government over logging visits to government websites. “Generation Internet has a right to access information on-line just as unmonitored and without inhibition as our parents read the paper,” says Breyer. The opinion is not legally binding but “is usually a good indication of how the court will eventually rule”. EPIC has supported Internet anonymity since the 1990s and brought a similar challenge to the US government tracking of users of government website.

    • European Court advisor: Dynamic IP addresses are personal data

      The chief advisor for the European Court of Justice has declared that dynamic IP addresses are tantamount to personal data and should be protected under Europe’s privacy laws, the Electronic Privacy Information Center (EPIC) reports.

  • Civil Rights/Policing

    • Exploding the Myth of the Traditional Family

      What kind of family stories are worth telling? For too long, the answer has been painfully limited to families that fit the traditional mold: a married couple raising 2.5 biological kids, while living together under the same (probably middle-class) roof.

    • Defending democracy, reinventing the left

      Representative democracy can only strengthen if it resorts to more participatory and deliberatory mechanisms, a new generation of public action built on co-construction.

    • Some British Muslims refuse to let their children be part of British society. We should say so openly

      Sir Michael Wilshaw, the head of Ofsted, is generally an admirably plain-spoken man, willing to talk with refreshing candour about problems in the education system that others refuse to confront. Yet his letter revealing his inspectors’ findings about scores of unregistered schools operating in England is curiously circumspect, almost mealy-mouthed. Referring to the risk that children face “indoctrination”, Sir Michael does not explain exactly which harmful ideas could be foisted on those children.

    • American flyers are losing their minds – and missing their planes – as security screening chaos mounts

      Travelers passing through airports in the United States this summer are being told to build in lots of extra time because of maddening back-ups at the security check-points that are already causing thousands of flyers to miss their planes every week.

      Frustration at airports all around the country is close to boiling point as screeners hired by the federal Transportation Safety Agency, TSA, struggle to keep up with surging numbers of passengers. At least one major airport, in Phoenix, Arizona, is threatening to throw the TSA out and hire private screeners instead.

    • EU does secret deal with suspected war criminal in desperate bid to stop migrants

      THE EUROPEAN Union (EU) is brokering a secret deal with a suspected war criminal in a desperate bid to stop more migrants from Africa arriving on European shores.

    • Maximum security Belmarsh prison is ‘like a jihadi training camp,’ says former inmate

      Group of jihadists called ‘the Brothers’ or ‘the Akhi’ have the run of the prison, a whistleblower claims

    • Terror groups ‘using migrant routes’: Warning of ‘increased risk’ after Interpol report says extremists are making ‘opportunistic use’ of smuggling networks and 800,000 people are waiting to flee Libya
    • Employees With Criminal Records May Be Better Workers: Study

      In 2013, the American Bar Association catalogued approximately 38,000 laws in jurisdictions around the United States that impose collateral consequences on people with prior convictions. Loss of voting rights, government benefits, access to public housing and even certain health care programs are among the hefty penalties that continue to be levied, well beyond release, against those with prior convictions. While all of these prohibitions, some of which are lifelong, can make it hard to find stability, the inability to find a job is one of the most difficult punishments people with prior convictions have to contend with. Some states have laws that close certain classes and categories of employment to those with criminal records. But even when employment prohibitions are not codified into law, employer biases may prevent those with arrest or conviction records from accessing one of the most critical means of post-release self-sufficiency and survival.

      A new study provides a rebuttal to negative assumptions ex-offender employees, as well as evidence that in some cases, those with criminal records may actually do a better job than those without. Researchers from Harvard University and the University of Massachusetts Amherst tracked 1.3 million people — 5,000 of whom had prior felony convictions — who enlisted in the military between 2002 and 2009. Though a felony conviction is an official disqualifier for entry to the armed forces, applicants may request “moral character waivers,” which are granted only after a background check that researchers note “takes into consideration the age at offense, the circumstances and severity of offense, the recruit’s qualifications, references, as well as a personal interview.” Those who cleared such vigorous vetting, which the military dubs a “whole person” evaluation, became recruits who were “no more likely to be discharged for the negative reasons employers often assume,” such as bad behavior or just generally doing a poor job. “Contrary to what might be expected,” researchers write, “we find that individuals with felony-level criminal backgrounds are promoted more quickly and to higher ranks than other enlistees.”

    • Rekia Boyd’s Killer Resigns as Activists Call for End to “Reign of Terror” by Chicago Police

      As Democracy Now! broadcasts from Chicago, Illinois, we look at major developments in several high-profile cases of police shootings of unarmed African-American men and women, and how the independent media has played a key role in exposing police misconduct. On Tuesday, Dante Servin resigned from the Chicago Police Department just days before hearings were set to begin into whether he should be fired for shooting Rekia Boyd while he was off duty and she stood with a group of friends near his house. This comes as Chicago Mayor Rahm Emanuel announced this week that he plans to disband the city’s controversial police oversight agency that has been criticized for sluggish investigations that rarely resulted in disciplinary action. Mayor Emanuel is also facing calls to resign over a possible cover-up of the police killing of Laquan McDonald, who was shot 16 times in 2014. We are joined by Jamie Kalven, founder of the Invisible Institute and a freelance journalist who uncovered the autopsy report showing Laquan McDonald was shot 16 times and who first reported on the existence of the video of the shooting. In recent months, he has won a George Polk Award, an Izzy and the Ridenhour Courage Prize for his reporting on Chicago police misconduct. We also speak with Page May, a co-founder and organizer with Assata’s Daughters. She was also a member of the We Charge Genocide delegation to the U.N. Committee Against Torture.

    • As Singapore prepares to execute Kho Jabing this Friday, activists are fighting back

      The news came out of nowhere; it was like we’d all been struck by lightning. “This is to inform you that the death sentence passed on Jabing Kho will be carried out on 20 May 2016.”

      Just a week-and-a-half before this awful announcement, I’d been in Kuching with Jabing’s family, telling the press that his lawyer would be submitting a fresh petition for clemency, which would be likely to buy him another three months while it was being deliberated by the Cabinet and president of Singapore.

    • Government Argues That Indefinite Solitary Confinement Perfectly Acceptable Punishment For Failing To Decrypt Devices

      Recently, we covered the ongoing jailing of a former Philadelphia police officer for his refusal to unlock encrypted devices for investigators. “John Doe” is suspected of receiving child porn but the government apparently can’t prove its case without access to hard drives and Doe’s personal computer. So far, it’s claiming the evidence it’s still seeking is a “foregone conclusion” — an argument the presiding judge found persuasive.

    • One Year Later: We Still Don’t Know How Many Shot by Police

      One year ago today, the White House released The Final Report of the President’s Task Force on 21st Century Policing — 116 pages of recommendations meant to address the epidemic of killings of unarmed Black and brown people by the police officers sworn to protect them. The report was supposed to be a blueprint for reforms in policing this country has needed for decades. Yet 12 months after its publication, our government still can’t even come up with the number of people who have been killed by U.S. police.

    • Don’t Let the CIA Disappear the Senate Torture Report

      Torture is a war crime under international law and is prosecutable under federal law. The Senate Torture Report contains evidence of crimes. Destroying, disappearing, or continuing to hide the report undermines the rule of law and denies the American people their right to know when the government engages in criminal conduct.

      The CIA’s lawlessness cannot be allowed to subvert justice and erase history. Unless the report is preserved and made public it could be lost forever.

    • Historical Amnesia and the Destruction of the Senate Torture Report

      When Winston Smith thinks he has finally made contact with the underground movement he has always hoped existed, in George Orwell’s 1984, he drinks a toast, not to the hoped-for future, but to the past, because “he who controls the past controls the future.”

      With the “erasure of the past,” current events can look like anomalies and accidents when stripped of the historical context that belies the patterns that reveal the possibility of intent and guilt.

      The recent revelation that the CIA “mistakenly” deleted its copy of the Senate report on detention and torture, and then, in an “inadvertent” error, deleted the hard disk backup, may be a just such a case. The whisking of the report down the memory hole could be seen as an “inadvertent,” though incredible, mistake if not for the challenge posed by recovering a little history from the memory hole. Former Chinese Premier Chou En-lai once remarked that “One of the delightful things about Americans is that they have absolutely no historical memory.”

    • The Misconduct Continues: Border Officer Verbally Abuses 51-Year-Old Grandmother By Calling Her a ‘Whore’

      That’s what a U.S. Customs and Border Protection officer told 51-year-old grandmother Amanda Rodríguez, as she passed through the Ysleta port of entry in El Paso, Texas, for her weekly shopping trip to Wal-Mart.

      Her ordeal began last September when the officer conducted a routine inspection as she crossed from Ciudad Juárez to El Paso to run errands. At the port of entry, the agent made sexist comments about her looks and asked her leading questions about whether she was entering the U.S. to perform “favors.” Rodríguez, who was confused by the line of questioning, didn’t understand well enough to contradict the agent’s allegations that she was a sex worker.

    • What About Human Nature?

      In the struggle for a more just society, we will be aided, not hurt, by our shared nature.

      [...]

      Socialists don’t believe these truisms. They don’t view history as a mere chronicle of cruelty and selfishness. They also see countless acts of empathy, reciprocity, and love. People are complex: they do unspeakable things, but they also engage in remarkable acts of kindness and, even in difficult situations, show deep regard for others.

    • Michael Ratner: Missionary of Human Rights

      Rather (a long-time CounterPuncher) proved an incessant warrior against the unspeakable in US foreign policy. His criticism was informed by an educational diet nourished by a major in medieval history studies at Brandeis and the political push of Herbert Marcuse.

    • Bolivar County, Mississippi Fought School Desegregation For 50 Years. It Finally Lost.

      In the summer of 1965, dozens of children sued the Bolivar County, Mississippi Board of Education “on their own behalf and on behalf of all other Negro children and parents.” They sought an end to racially segregated schools. But more than half a century later, the county continues to operate at least two schools that are almost entirely black.

      On Friday, just days before the 62nd birthday of Brown v. Board of Education, a federal court ordered the district to end this practice.

    • The first 50 lashes: a Saudi activist’s wife endures her husband’s brutal sentence

      After Saudi blogger Raif Badawi was arrested and sentenced to prison and 1,000 lashes, Ensaf Haidar wondered what to say when the person you love tells you that he’s going to be abused in the most horrible way

    • Democracy in the Spotlight

      On 22 May a citizen meeting will be hosted at the Reykjavik City Theatre on the future of democracy. It is based on the ideology of the National Assemblies which took place in Iceland after the crash inviting citizens to visualize values which could underline a new and better society.

    • American Law Institute rejects affirmative consent standard in defining sexual assault

      Standards of affirmative consent, which generally require parties to affirmatively and continually vocalize their willingness to participate in a sexual encounter, have mostly germinated on college campuses, as well as in a few states in some contexts, including California and New York.

    • Kenya launches inquiry after police photographed kicking and beating man in crackdown on protests

      Shocking images of a protester being beaten and kicked by riot police in Kenya have ignited outrage over a crackdown on demonstrators.

      Thousands of people were sharing a photo showing an officer wearing body armour and a shield kicking a man as he lay incapacitated on the ground.

      “This image…will live on in infamy,” wrote Al Jazeera Imran Garda in a Twitter post re-tweeted by more than 1,200 people.

    • The Sanders Voter: Protesting American Privilege at Home and Abroad

      What does too often go unsaid though is how the rightful condemnation of popular violence masks the larger violence perpetuated by those with power. In this case, the legitimate critique of the actions of a few Sanders delegates is hiding the just as real present and future threat posed by the Democratic establishment to many within America and many more around the world.

    • Copenhagen bars tired of ‘Sharia patrols’ rampage & threats raise issue with integration minister

      A group of bar owners from one of Copenhagen’s suburbs, who have been endlessly harassed by Muslim youth activists trying to impose a so-called “Shariah zone”, have taken their case to a government minister, urging her to protect their businesses and the locals.

  • Internet Policy/Net Neutrality/TV/Cable

    • Cable Company CEO Calls TV Business A ‘Tragedy Of The Commons’ That Ends Badly

      While larger cable companies have the scale and leverage necessary to negotiate better programming, smaller cable companies are finding themselves facing tighter and tighter margins as broadcasters push for relentless programming increases. As such, many have begun candidly talking about exiting the pay TV sector entirely and focusing on broadband service only. When approached by broadcasters like Viacom about major hikes, some cable operators have simply culled the channels from their lineup permanently and refused to look back.

  • Oracle-Google

  • Intellectual Monopolies

    • IPEC or bust? High Court refusing to deal with IP claims with a value of less than £500,000

      We all know that the Chancery Division is changing and modernising in a number of ways. I fear that some of these changes are having an adverse impact on the ability of IP owners to enforce their rights in the High Court.

      The changes are not just changes to fee structure but also the transfer and triage processes introduced by the new Chancery Guide and how these are being deployed in practice. Could this lead to an overburdening of IPEC, and is the Chancery Division out of step with other divisions of the High Court when it comes to transfer?

    • DTSA Litigation Begins

      The first couple of DTSA lawsuits have been filed.

    • President Obama Signs Federal Defend Trade Secrets Act
    • USITC Finds TPP Benefits US Economy, But Maybe Not Jobs; Unclear On IP Rights [Ed: remember what ITC does]

      The United States International Trade Commission (ITC), an independent government agency, today released an 800-page analysis of the economic impact of the Trans-Pacific Partnership (TPP) Agreement completed last year.

    • Merck & Cie v. Watson Laboratories, Inc. (Fed. Cir. 2016)
    • Trademarks

      • Interview: a designer’s view of trade marks

        Co-owner of London-based branding agency Grain Creative Madelyn Postman started her career as a freelance graphic designer. She spoke to Managing IP about the impact of the IP legal environment on approaches to brand creation and protection

    • Copyrights

      • Copyright Holders Dominate Closed-Door DMCA Hearings

        As discussions over DMCA reform continue, a number of closed-door hearings have taken place in San Francisco. Representatives from Fight for the Future and YouTube’s Channel Awesome were there and they report that discussions were dominated by copyright holders seeking new powers to permanently disappear content and even whole sites from the Internet.

      • A Dozen Bad Ideas That Were Raised At The Copyright Office’s DMCA Roundtables

        The Copyright Office has been holding a series of “roundtable discussions” on copyright reform that it’s going to use to produce a paper supporting certain changes to copyright law. We already know that some sort of copyright reform bill is expected in the near future, and what comes out of this whole process is going to be fairly important. Unfortunately, the roundtables are not encouraging. There was one held in NY a few weeks ago, which Rebecca Tushnet blogged about in great detail, and I attended the ones last week in San Francisco and I’ve gathered up my tweeted commentary, if you feel like reading through it.

        Unlike the House Judiciary Committee roundtable that was held in Silicon Valley last year, where the Representatives surprised many of us by actually asking good questions and listening to the answers, the Copyright Office’s roundtables were bizarre and troubling. First, the whole setup of the two two-day events was problematic. The Copyright Office wanted to make sure that everyone who applied to speak was allowed to participate in some manner, so for each set of roundtables, they set up 7 roundtables of 20 people each on pre-defined topics, where each roundtable was only 90 minutes.

      • Megaupload Hard Drives Are Unreadable, Hosting Company Warns

        Megaupload’s former hosting company Cogent has warned that several drives, which are preserved as evidence for civil and criminal lawsuits, have become unreadable. While the data might not be lost permanently, various stakeholders including the MPAA and RIAA are urging the court to help secure the data.

      • Mega-Publisher Elsevier Is Buying an Open Research Site. That’s Bad for Science

        The Social Science Research Network (SSRN) is an open access repository of scientific papers that’s treasured by academics, journalists and researchers—and it’s easy to see why. For years the site has provided free publishing and access to pre-prints of more than 500,000 academic papers on topics ranging from privacy law to socioeconomics and media studies.

        But academics were understandably worried after it was announced on Tuesday that the site has been acquired by infamous mega-publisher Reed Elsevier. The move follows the company’s previous acquisition of Mendeley, a collaborative research platform Elsevier says will enhance SSRN’s massive store of scientific articles.

        Among the corporate gatekeepers of the science publishing industry, Elsevier is arguably the biggest and undoubtedly the most notorious of the bunch. For years the company has been ruthlessly cracking down on the sharing of academic material it owns the rights to, eventargeting academics for publishing their own papers on personal websites.

      • SSRN—the leading social science and humanities repository and online community—joins Elsevier
      • Elsevier Acquires Social Science Repository SSRN

        The publishing giant Elsevier has acquired the Social Science Research Network, an online open-access repository for research. Elsevier said in the announcement that it plans to develop SSRN alongside Mendeley, the company’s own academic social network. Neither SSRN’s user policies nor its leadership will change, Elsevier said. It will still be free for users to submit their papers and download others. Elsevier did not disclose how much it paid to acquire SSRN.

      • Disappointing: Elsevier Buys Open Access Academic Pre-Publisher SSRN

        The vast, vast majority of time when we point to new academic research, we end up linking to the research hosted on SSRN, which stands for the Social Science Research Network. SSRN has been around for a long, long time, and it’s basically the go-to place to post research in the legal and economics worlds — the two research areas we most frequently write about. At this moment, I have about 10 SSRN tabs open on interesting papers that I hope to write about at some point. Technically SSRN is what’s known as a “preprint server,” where academics can share papers before peer review is completed and the final papers end up in a locked up, paywalled journal. The kind of paywall run by a giant company like Elsevier.

        So it’s been quite distressing to many this morning to find out that Elsevier has now purchased SSRN. Everyone involved, of course, insists that “nothing will change” and that Elsevier will leave SSRN working as before, but perhaps with some more resources behind it (and, sure, SSRN could use some updates and upgrades). But Elsevier has such a long history of incredibly bad behavior that it’s right to be concerned. Elsevier is not just a copyright maximalist (just last week at a hearing I attended involving the Copyright Office, Elsevier advocated for much more powerful takedown powers in copyright). It’s not just suing those who make it easier to access academic info. It’s not just charging insane amounts for journals. It also has a history of creating fake peer reviewed journals to help pharmaceutical companies make their drugs look better.

      • Anti-piracy firm Rightscorp’s Q1 financials read like an obituary

        Rightscorp heralded itself as a content savior when it was founded in 2011 with a novel business model—enforcing copyrights by capturing online pirates and demanding about a $20 fee per pilfered work.

        But a few things happened along the way to a year-over-year 78-percent plummet in first-quarter revenues and a loss of $784,180. Among other things, pirates are seemingly masking their IP addresses more and more, and ISPs aren’t forwarding Rightscorp’s money-demand letters to pirates, the company announced Monday. Still, the California-based anti-piracy company has never made a profit. Last year, it lost $3.5 million and, judging by its first-quarter earnings report released Monday, it’s on course to go defunct.

        For the moment, the company is teetering on the brink of financial collapse. It raised $500,000 on February 22, the company reported, but it needs another $1 million to stay afloat. It has enough cash on hand to continue “into the second quarter of 2016,” according to the company’s latest financial report.

      • House of Commons Fast Tracks Copyright Bill To Implement Marrakesh Treaty

        Bill C-11, the copyright bill that will allow Canada to accede to an international copyright treaty that will improve access for the blind and visually impaired, was fast tracked on Tuesday with unanimous approval to consider the bill read, studied, and passed three times. There will be no House of Commons committee hearings on the bill, which now heads to the Senate for approval. The bill received first reading at the Senate today. With no hearings and little debate, the bill will pass quickly without any changes. I wrote about Bill C-11 last month, noting that it is a positive step forward but that some provisions may be unduly restrictive when compared to the implementation approach recommended by some copyright groups.

05.18.16

Another Almost Empty EPO Presentation at The Hague

Posted in Europe, Patents at 5:06 am by Dr. Roy Schestowitz

Staff has defected and is still loyal to fellow staff, not the management

SUEPO support

Summary: The propagandistic “social study” of Battistelli (basically a lot of misleading claims disguised as ‘research’) helps demonstrate that EPO staff has absolutely no faith in the management

EARLIER this year people joked about the "Meet the President" (Battistelli) event in Rijswijk. It was a total embarrassment. A couple of months ago we reported well less than a dozen people in the FFPE-EPO meeting. It seems like the zero popularity of Battistelli becomes apparent over time. His yellow union too is exceptionally unpopular.

Internal information on the EPO “social study” was sent to us not too long ago. “I assume that you have already received information about this subject,” our source told us, “however I let you know just in case you haven’t.”

We mentioned the “social study” many times before, including in the following articles:

“According to information received,” our source told us, “yesterday in The Hague only ca. 85 colleagues attended the presentation about the coming EPO social study.”

85 may sounds like a decent number, but remember how many people work at the EPO. 85 is just over 1% of the staff, which is somehow symbolic. One can say that only “the 1%” supports Battistelli and his agenda.

This very low figure included managers, OHS and consultants, DG4 staff etc., according to our source. “In Munich too,” our source told us, “the participation was very low and a fair share of “EPO officials” were present to fill the otherwise empty room. Out of 2800 staff in The Hague this is not much to say the least.

“PWC consultants from Italy and Cyprus were picked by the EPO to perform this study to which once more, staff representatives were only marginally associated.”

Speaking of staff representatives (what’s left of them, not the yellow union), there is total lack of progress from Battistelli, who is about to make things even worse. The Administrative Council’s meeting is less than a month away and as one new comment put it:

….the staff regulations we have at the moment, including the investigation guidelines, have been accepted and tolerated by the AC. But NOW there is a clear request of the AC to change the staff regulations ¨to ensure that disciplinary sanctions and proceedings are not only fair but also seen to be so, and to consider the possibility of involvement of an external reviewer or of arbitration or mediation¨. The AC requests also: ¨pending the outcome of this process and before further decisions in disciplinary cases are taken, to inform the AC in appropriate detail and make proposals that enhance confidence in fair and reasonable proceedings and sanctions¨. The AC requests further ¨to submit to the AC a draft revision of the Staff Regulations which incorporates investigation guidelines (including the investigation unit) and disciplinary procedures which have been reviewed and amended¨. It seems to me, but a may be wrong, that the AC wants to see clear defined actions, not just a soufflé full of hot air that collapses as soon as you touch it. The AC realises also that these disciplinary sanctions and proceedings are widely and intensively being questioned in the public opinion.

The EPO is still in a truly chaotic state. We can’t help wondering how many people stay there and work there just because of the unjust sanctions induced after employment at the EPO (this can mean several years of imposed unemployment). The Administrative Council would be wise to let heads roll next month; it’s the only way to undo the crisis. Time in its own right does not heal anything.

[ES] La UPC un Ataque No Sólo Contra el Público Europeo Pero También Contra los Empleados de la EPO

Posted in Europe, Patents at 4:29 am by Dr. Roy Schestowitz

English/Original

Article as ODF

Publicado en Europa, Patentes a las 4:30 am por el Dr. Roy Schestowitz

Si luce como un golpe…

Brazil's media

Sumario: El despido de los empleados actuales de la EPO y el remplazo del interés público por intereses corpórativos (intereses de grandes compañíás del otro lado del charco) es todo lo que la UPC realmente es

LA EPO sin duda alguna esta siéndo trasformada, aunque de manera encubierta y subrepticiamente, no sólo gradualmente. Mientras hay campo para especulacion acerca de la EUIPO (con continuo creciente overlaps/intersecciónes de la EPO y muchas menciones en la cuenta Twitter de la EPO estos dias), una cosa de seguro sabemos es que si la UPC — se convirtiéra en realidad — cambiaría un montón en el cuanto a los niveles de examinación y prosecución (ambos, no uno o el otro). Las patentes de software patents son sólo un aspecto de muchos. De acuerdo a esta nueva publicación de prensa: “Redline Detection anunció ayer en una decisión de primera estancia, que la Oficina Europea de Patentes (EPO) en Munich, Alemania, ha emitido unánimamente revocar en su totalidad Star EnviroTech’s European Patent No. 1,384,984 que trata de el uso del humo de nitrógeno con tinta para exámenes de goteo en vehículos en Europa..” Esto debido al sistema de apelaciónes (como PTAB en los EE.UU) mientras una apelación todavíá es posible, muestra el poder de revocación de patentes erróneamente otorgadas. Si la UPC se convirtiése en realidad y los Jurados fuesen eliminados, ¿Sería esto posible de alguna manera? Los jurados en nuestra experiencia son probablemente los más calificados para esta clase de tarea.

Más adelante en el día de ayer escribimos sobre la reforma forzada que aplasta violentamente algo parecido al escepticismo, crítica o resistencia. Esta es lucha de clases. Puede haber suicidios y otros peajes humanos, pero al final Battistelli y sus jefes quieren tener en sus leyes deseadas engullidas por todos nosotros, en el idioma de Cervantes nos quieren arrimar la yuca ya saben por donde.

Nos complace ver que Merpel está de vuelta investigándo/analizando los asuntos de la EPO. “Gracias por el artículo,” una persona le dijo, añadiendo:

Sólo una pequeña nota: el día después de que se publicó el artículo que ya estaba en la parte superior se ve, ahora es en la parte superior. Al parecer, este tipo de artículos son muy populares … tal vez podríamos tenerlos más a menudo (pista, pista …).

Merpel no ha escrito muicho acerca de la EPO en lo que va del año. No estamos seguros del porqué. Merpel pregunta, “¿La UPC significa desastre para los Jurados de apelación de la EPO?” Es una pregunta retórica. He aquí porciónes de su artículo:

Sin embargo, el Consejo de Administración no ha tomado ninguna decisión para permitir que los miembros de las Salas de Recurso sirvan como jueces de la UPC, y Merpel entiende que no existe un plan para hacerlo. Lo que no es seguro es que la presión de no permitir que los miembros del Jurado de Apelaciónes sirva también a la UPC ha conseguido algo. Ella ha oído que el Presidente de la EPO está en contra de la idea, ya que no quiere renunciar a cualquier empleado de EPO. Presumiblemente, el Consejo de Administración no está a favor, de lo contrario podrían tomar una decisión de este tipo, independientemente de los deseos del Presidente, pero parece que han elegido no hacerlo. Pero también ahora se pregunta si el Comité Preparatorio también no este a su favor.

Esto parece ser un gran error. Las salas de recurso representan la mayor concentración de experiencia en la adjudicación de disputas de patentes polémicas en Europa, con un historial probado de hacerlo de una manera transnacional. Una decisión temprana potencialmente segundo un número significativo de Sala de Recurso miembros podrían haber permitido que este recurso que se utilizará para el beneficio de la UPC, al tiempo que permite una gran flexibilidad adicional para la mano de obra de la UPC, cuya carga de trabajo en las etapas iniciales es desconocida y desconocido. La alternativa que parece ahora ser perseguido de contratación de un determinado número de jueces corre el riesgo de exceso o falta de dotación de personal.

Tal vez el Consejo de Administración y del Presidente de la EPO están preocupados de que la acumulación de casos en las Juntas de Apelación de la EPO (estimada actualmente en alrededor de 8000 casos) sólo puede empeorar si algunos miembros de la Junta se van a ser jueces de la UPC a tiempo parcial. Este es un tema de preocupación, pero parece Merpel que la solución no es prohibir a los miembros de la Junta de ser UPC tiempo de los jueces parte, sino más bien para aumentar la mano de obra de las Juntas para compensar. Las salas de recurso son lo suficientemente grandes para dar cabida a cierta flexibilidad en los niveles de personal, mucho más fácilmente que la UPC en ciernes.

[...]

Merpel ahora ha descubierto un problema adicional para las salas de recursos propios. Como se informó anteriormente, que son actualmente de manera significativa en la fuerza. Si a los miembros del Jurado de Apelaciónes no se les permite servir a tiempo parcial en la UPC, tiene que ser muy atractivo a renunciar en lugar de la EPO e ir al tiempo completo de la UPC. Este es un tiempo de agitación potencial significativo para las Juntas, con probables los cambios de ubicación, estructura de la carrera, la independencia, y las expectativas de trabajo. La UPC debe verse como una vía de escape atractivo. Pero cuando ya hay un gran número de lugares vacantes, cualquier éxodo importante en este momento podría perder irremediablemente experiencia en algunas áreas técnicas. Este tipo de daño podría tomar años para restaurar. Por otra parte, el resultado será precisamente el resultado (aumento de la acumulación de casos de apelación) la evitación de que se supone estar detrás que no dispensa a los miembros del Consejo para servir a tiempo parcial en la UPC.

No hay duda de que el Jurado de Apelaciónes esta en la mira. Ellos lo sabe. Ahora consideren algunos de los comentarios que refuérzan esta sospecha. Entre ellos encontramos comentarios conteniéndo afirmaciónes mezquinas como esta:

Bueno … los miembros del Jurado de Apelaciónes no tienen ninguna experiencia en litigios sobre patentes, ¿verdad?

interpretación de reivindicaciones, interpretación de la reivindicación, la doctrina de la equivalencia no significa nada para ellos.

Por lo que puede ser un poco cualificada para acciones de nulidad en vista de las oposiciones del PE, pero dudo que puedan ser considerados como calificados para el pleito …

Merpel responde como sigue:

¿De verdad crees eso? ¿Se considera que es posible evaluar la novedad de la reivindicación sin interpretación de las reivindicaciones y de interpretación de la reivindicación? Y aunque actualmente no se aplican sobre una base diaria, Merpel piensa que es absurdo sugerir que la equivalencia no es algo que un miembro del Consejo de Apelación no se puede adaptar fácilmente su experiencia para decidir.

La idea de que la nulidad y la violación son diferentes animales es extraña a los prácticantes en muchos países.

Una crítica más válida, en la mente de Merpel, es que los miembros Jurado de Apelaciónes no estarán familiarizados con las reglas de procedimiento de la UPC, pero por otra parte también no lo estarán los demás.

Esto fué refutado por un comentador usual (llamado Fritz) también:

Si ve el lío que los agentes de patentes de redacción a menudo hacen de las reivindicaciones que a continuación se conceden, a menudo sin ninguna objeción A84, es inevitable que el acuerdo con la interpretación de reivindicaciones y de la construcción del Jurado de Apelaciónes. Sobre todo en la química, precisamente ese es el trabajo diario del JoA. ¿Cuántas veces se A83 objeciones hechas y elaboradamente discutidos antes de la JoA mientras que en realidad son A84 objeciones? ¿Cuántas decisiones no se inician sus motivos con la interpretación de las reivindicaciones? Alguien que piensa seriamente que los JoA nunca se han ocupado de la construcción y la interpretación de las reivindicaciones, no tiene experiencia con la boa y no se ha tomado la molestia de leer las decisiones. Acaba de tomar el libro blanco y mirar hacia arriba A84.

La cuestión de nulidad no es diferente de una situación normal oposición. Lo que es diferente es la cuestión de la violación, en la evaluación de la prueba jugará un papel muy importante. Sin embargo, a juicio de la validez de la prueba es también mucho la forma no o no diferente de la utilizada en los casos de supuesta utilización pública previa. Así que, como ex agente de patentes, creo que los miembros JoA son absolutamente lo mejor para comenzar con la UPC y para sentar una buena base coherente para lo que es nuevo para todos nosotros. Además de su experiencia con el trabajo en diferentes idiomas.

Luego viene el hecho acerca de la escasez de personal de las Juntas – un tema que hemos cubierto aquí muchas veces antes. Citando:

¿No tiene Merpel ningún pensamientos acerca de la (¿deliberada?) escasez de personal de las salas? He sido testigo del Presidente del Estado que no había congelación de las contrataciones, pero esto claramente no es el caso; se demuestra fácilmente, por ejemplo, revisión de los anuncios de empleo/purrr-Rusal del esquema de distribución comercial, que hasta hace poco había una patas significativos, er, pausa. Pero lo que – aparte de petulancia o “venganza” por los errores percibidos – ¿es el final del juego aquí?

Bueno, Battistelli está tratándo de deshacerse del Jurado (de Apelaciónes), pero no lo admite. Es un asesino silencióso, un ENA neoliberal cuya sensitividad a emociónes humanas es casi o zero. Eso es como los gerentes estan entrenados a hacer o sentir (o no sentri). Como un comentario lo puso:

Tal vez la UPC nos preservará de la ocaciónal locura de las salas de recurso, cuyas decisiones a veces dar la impresión de que están hechos sólo para comprobar que estamos despiertos y prestando atención.

Sarcastico o no, la realidad es que sin el Jurado de Apelaciónes las cosas se pondrían peor. Un comentario que no estaba de acuerdo con la OP debe haber provenido de un abogado de patentes:

“Las salas de recurso representan la mayor concentración de experiencia en la adjudicación de disputas de patentes contenciosos en Europa”. De Verdad? ¿Desde cuando? Sí, sentencian sobre la validez. Pero eso no es lo mismo (a pesar de su deseo de que se tratara) como pronunciarse sobre asuntos de infracción.

Y cuántas veces los Abogados de Patentes Europeas han tratado de argumentar puntos de construcción e interpretación ante los miembros JoA sólo para enterarse de los asuntos sutiles como estos son parte de un procedimiento de “observancia” y, por lo tanto, no se tiene en cuenta por la EPO? Los miembros JoA han hecho buenas carreras evitando estos asuntos – en especial evidencia en formas distintas de documentos de patente.

Tal vez los abogados de patentes podrían estar en mejores condiciones que los examinadores de la EPO para tomar posiciones juez Técnica en la UPC – al menos que se utilizarán para el asesoramiento en la ejecución, así como la validez?

Un practicante anónimo de Munich escribe:

De acuerdo con mi experiencia personal los miembros JoA simplemente no se preocupan de nada, lo que sucede después de la concesión/oposición. discusiones de infracción o de equivalencia son completamente nuevas cuestiones a ellos (no en el sentido de la novedad :-)).

Al ser un practicante DE Por supuesto, estoy quizá sesgada/bifurcado en mi pensamiento, pero en mi opinión, el JooA tendrá que aprender un poco de pensamiento diferente al ser confrontado con problemas de infracción.

Esto puede, por supuesto, ser diferente para un juez del Reino Unido, que está acostumbrado a pensar en ambas cuestiones en paralelo …

Esto parece sin sentido porque la naturaleza de los fallos en un tribunal es muy similar al exámen o apelación, salvo cuando se trata de cálculos de daños. “La arrogancia abogados que aparece en algunos de los comentarios anteriores es simplemente aterradora”, ha señalado el siguiente comentario, indicando correctamente que las personas que trabajan para las Juntas no son perfectamente adecuados para la tarea:

Alguien que piensa que las salas de recurso no se ocupan de interpretación de las reivindicaciones y la equivalencia no puede haber pasado mucho tiempo antes de que las juntas o en sus decisiones.

La infracción es otro asunto, pero a medida que las normas aplicables muy de país a país, todos los jueces de la UPC tendrá que aprender mucho en este dominio.

La arrogancia abogado que aparece en algunos de los comentarios anteriores es simplemente aterradora. Si como yo, usted tiene que tratar con los abogados del PE cada día, uno se pregunta lo que les da derecho a menospreciar a los demás. ¿De Verdad. Speck y tablón, recuerdan?

¿Pero quién necesita a la UPC en primer lugar? Es conveniénter para las grandes corporaciones, especiálmente extranjeras (del otro lado del charco), definitivamente no para las PYMEs, por las que Europa es reconocida a nivel mundial. Como una persona llamada ‘MaxDrei’ (un abogado de patentes) lo puso, la UPC “me parece como un deliberado y frio reboot del sistema de patentes en Europadeliberate and cold-blooded re-boot of the patents system in Europe.”

Aquí está el comentario en su totalidad:

Esto me parece un re-arranque deliberado y a sangre fría del sistema de patentes en Europa. Desde 1978, los litigantes de patentes han sido moliendo sus dientes de frustración, que los abogados de patentes y una oficina de patentes han querido estar en el asiento del conductor, cuando se trata de cuestiones de validez de patentes en Europa. ¿Quién se creen que son, los jueces y litigantes lloran?

Uno tiene que admirar la capacidad de movilización de los litigantes, para convencer a los políticos y los jueces y la industria, que esta aberración en Europa debe cesar, y que el orden secular debe ser restaurado. La conducta de los casos paneuropeas en materia de validez debe ser arrebatados a los meros agentes de patentes, y trajo a casa a los videntes sabios dentro de los bufetes de abogados internacionales, sirviendo a sus clientes CEO. No importa que el Libro Blanco de la jurisprudencia de las salas de recurso de la EPO es de lejos el organismo más coherente e intelectualmente riguroso de la jurisprudencia sobre la validez de las patentes que el mundo haya visto. El único que lo ha permitido fuertes opiniones FTO que debe darse a la industria es que Libro Blanco. Comparar el lío de la ley de patentes que cualquier Tribunal Supremo nacional hace que, cuando se hace caso omiso de las enseñanzas del Libro Blanco.

Como siempre, sólo se sabe lo que se tiene cuando se ha ido.

MaxDrei tiene un punto de vista excelente acerca de los “visionarios sabios”,” este comentario dice. “Escucha, escucha.”

Mirándo otra hebra, una persona observa que la UPC “tendrá poder comercial sin precedentes en Europa y el mundo.” La persona recuerda el dicho “El poder corrompe y el poder absoluto corrompe absolutamente” y aquí está con un poco de contexto:

Para la UPC que se basado en la concesión de las patentes de la EPO, cuando la EPO aparentemente no tiene un poder judicial independiente del poder ejecutivo, en el que el Ejecutivo de la EPO aparentemente puede ignorar las sentencias judiciales o EBA, es muy preocupante.

La UPC/UP tendrá potencia comercial sin precedentes en la Europa y el mundo. Las patentes concedidas en virtud del mismo deben ser otorgados por una organización que se lleva a cabo adecuadamente para tener en cuenta en virtud del derecho internacional y la justicia.

¿Quién fue el que dijo el poder corrompe. Y el poder absoluto corrompe absolutamente …. una noción demasiado tal vez … yo espero que sí me este preocupando indebidamente.

Los conspiradores de la UPC, como notamos antes, tratan de contratar gente para la UPC antes de que esta sea aprobada (y como si fuese definitivamente imparable/inevitable). Un comentador sobre aquellos ‘anuncios de trabajo’ de los empleados de Bristows dice:

Hace una lectura interesante. Tenga en cuenta que hay una prohibición específica de actuar al mismo tiempo como un miembro de las Juntas de EPO de apelación y el juez legal UPC (presumiblemente juez técnica también). Uno de los requisitos es que “(c) andidates deberán reunir las condiciones requeridas para el ejercicio de funciones judiciales en el Estado miembro del que son nacionales. Se trata de una barra alta en el Reino Unido (aunque la escasez de información en la documentación adjunta no hace esto claro). No está claro para mí, incluso si los miembros del Reino Unido de las Salas de Recurso tienen tales calificaciones, lo que sería una locura. Eso augusta parecería proporcionar una reserva de candidatos, aunque tendrían que aprender un poco sobre la infracción.

No es claro incluso para mí si miembros del Jurado de Apelaciónes del Reino Unido tengan tales calificaciónes, las cuales serían locas.” Bueno, talvez este diseñada para excluír miembros del Jurado de Apelaciónes, como aquella posición que tomó Bergot (ciertamente con ayuda de su marido y compadre, Battistelli [1, 2, 3, 4]). En otro post de Merpel ella previamente tomo notad de lo que había estado pasando en el Jurado de Apealciónes. He aquí la parte referente completamente:

Salas de Recurso – Caso Disciplinario

Hay dos cuestiones relativas a las salas de recurso. La primera es la suspensión de un miembro de la Sala de Recurso por el Consejo de Administración, tras la imposición sobre él de una “Prohibición de la Casa” por el presidente de todo el camino de vuelta en diciembre de 2014. Muchos (incluyendo casi todos los miembros internos de la Alta Cámara de Recurso de Apelación y muchos miembros externos distinguidos – ver IPKat post aquí) consideró que la “Probición de la Casa” contraviene el CPE, ya que sólo el Consejo de Administración puede ejercer la autoridad disciplinaria sobre un miembro del Consejo de Apelación, pero la posición se regularizó un poco por la CA de acción posterior. Más tarde, el Reglamento del Servicio fueron modificadas por el Consejo de Administración en diciembre pasado, por lo que la Junta de Apelación de los usuarios pueden ser suspendidos en espera de un procedimiento disciplinario por hasta dos años, en lugar de cuatro meses, como era el caso anteriormente (y sigue siendo el caso de la EPO normales empleados).

La separación del cargo de un miembro del Consejo de Apelación requiere de una propuesta de la Enlargecida Cámara de Recursos (EBA). La EPO ha solicitado ahora el doble de la EBA por una propuesta de este tipo. La primera se declaró la inadmisibilidad (Ver IPKat aquí). El segundo caso (dado el número inusual “Artículo 23 2/15″, lo que indica que se trata de un procedimiento de aplicación del artículo 23 del EPC) ha terminado en una decisión del 11 de febrero 2016 es bastante concluyente. Todas las solicitudes admisibles realizados en la Alta Cámara se retiraron, mientras que pide además al parecer, serán considerados como una referencia más – ahora la tercera relacionada con la materia. Según la Decisión, que se va a publicar, pero Merpel aún no ha visto una publicación oficial de la misma por la EPO. Por otra parte, Merpel pregunta cuántos más oportunidades a la administración va a tener que poner su caso a la EBA mientras sigue las normas de la justicia natural.

Salas de recurso – reforma

Existe un acuerdo general de que las Salas de Recurso de la EPO necesitan alguna reforma organizativa. La mayoría de ver la cuestión principal como la percepción de la independencia del resto de la estructura de la EPO, dado el papel cuasi judicial de las Juntas en la revisión de las decisiones y acciones de EPO. Sin embargo, la propuesta del Presidente de la EPO para reformar las Juntas fue muy criticada, tanto para algunos de los detalles específicos (algunos de los cuales se consideraban incompatibles con el EPC), y por su enfoque global, que combina a la independencia con la eficiencia y parecía fijado en movimiento las Juntas a otra ubicación física. Por otra parte, las salas de recurso no fueron consultadasdurante la elaboración de las propuestas. En la reunión del Consejo de Administración del 16 y 17 de diciembre de 2015, estas propuestas no han sido adoptadas; En cambio, el AC encomendó a su propio subgrupo “Junta 28” para elaborar directrices para tomar los delanteros del proyecto de reforma. Después de un altercado entre el Presidente y la Junta 28, en la reunión de marzo del Consejo de Administración, se le pidió al Presidente para formular propuestas basadas en estas directrices (véase el texto de la Resolución de CA a continuación) para su consideración en la reunión de junio de corriente alterna. Estamos a la espera de lo que estos detalles propóndran.

Las Salas de Recurso han presentado sus propias propuestas de reforma, y se puede leer la historia de la reforma desde el punto de vista en el sitio web de su organización AMBA. Merpel entiende que las Juntas no han sido consultadas ni siquiera en la última re-formulación de una propuesta de reforma.

Merpel entiende que el presidente todavía está obsesionado con la idea de que las salas de recurso deben estar en un edificio diferente del resto de la EPO, aunque ahora la idea es que va a estar en otro lugar en Munich, no otra ciudad por completo, como Viena . El barrio muniqués de Garching, a mitad de camino al aeropuerto, es el último rumor. La motivación para mover las Juntas de su ubicación actual parece extraño, ya que la justificación es que los miembros de las salas no deben mezclarse con los examinadores de primera instancia cuyas decisiones están revisando. Sin embargo, las salas se encuéntran en el edificio Isar, mientras que los examinadores trabajan casi exclusivamente en los edificios PschorrHöfe. El otro ocupante principal del edificio Isar es el presidente …

Salas de Recurso – dotación de recursos

Las propuestas originales para la reforma de las salas de recurso presupone que tienen un problema de eficiencia. Estos resultaron ser basan en comparaciones engañosas. Mientras que las Juntas están de acuerdo en que algo tiene que hacerse por el creciente número de casos de apelación (estimado en alrededor de 8000 casos), y un cierto aumento en la eficiencia probablemente necesita ser parte de eso, la mayoría de los que respondieron a propia consulta de la EPO sobre la reforma de las salas de recurso hicieron hincapié en que la reforma y los aumentos de eficiencia deben ser considerados en conjunto. Se que para algunos período considerable Se ha realizado un problema más acuciante en la capacidad de las salas para hacer frente a la carga de trabajo no hay nuevas citas, y las renovaciones de último minuto (esta plantear inquietudes que el retraso en la reelección podría ser utilizado para hacer miembros de la junta que se puede pujar más en el ínterin). números precisos son un poco difícil de establecer, pero en marzo de 2016, Merpel entiende que no hay nuevas citas se habían realizado durante unos 2 años, 7 Juntas carecían de un presidente y un total de 13 posiciones miembro del Consejo Técnico estaban vacíos. Por último, se hicieron algunas nuevas citas (2 presidentes y 3 miembros técnicos) en la reunión de marzo de 2016 del Consejo de Administración. Al parecer, el presidente niega que no ha habido ningún problema con los niveles de dotación de personal de las Juntas, y considera que desde que se acordó la creación de un nuevo Consejo de Administración, las Juntas se han “ampliado”; es a él al parecer carece de importancia que esta “expansión” es más que compensado por el número de vacantes y Merpel entiende que esta nueva Junta nunca fue, de hecho llenada. Merpel tiene grandes esperanzas de que las Juntas continuarán con todo el personal.

Este post atrajo muchos comentarios que se relacióna a las Salas de Recurso. Una persona escribió:

“Según la Decisión, que se va a publicar, pero Merpel aún no ha visto una publicación oficial de la misma por la EPO.”

Este punto es de poco impacto en el caso individual (la decisión ha llegado a la IPKat y el Internet, después de todo), pero puede tener consecuencias de amplio alcance.

¿Quiere decir que la EPO puede no tener en cuenta el orden de una decisión de una JoA?

Deberíamos esperar que en el futuro que las decisiones de los departamentos de primera instancia están sujetas a una revisión por parte del JoA sólo en lo que las órdenes de sus decisiones complacer al presidente?

Tal vez la próxima vez que la EPO puede ignorar una orden de devolver la tasa de recurso o para mantener una patente biotecnológica en forma modificada que es “inconveniente” para la EPO.

Aparte de estas preguntas provocadoras me parece que la interferencia del presidente en la decisiónes de las salas de recursos (JoAs) y su independencia resulta ser un problema mucho más grande que lo que se ha asumido hasta ahora.

La remoción del jues de la oficina traeríá,” de acuerdo a otra persona, “merecería bajos otras circustancias una buena carcajada.”

Bueno, no hay nada divertido acerca de ser acusado falsamente de violencia. Fue un movimiénto del equipo Battistelli, y pueda haber una acción legal pronto por ella. Aquí esta el comentario en su totalidad:

No hay avances sobre la posible separación del cargo del miembro de las Salas de Recurso, ningún avance en la reforma de las Juntas, ninguna consulta de las Juntas sobre la reforma, no hay progreso en la agenda social. La separación del cargo sería, en diferentes circunstancias, merecedora de una buena risa. Es probable que sea difícil encontrar un nivel comparable de incompetencia, en particular, en un asunto tan delicado.

Mientras tanto, la EPO continúa violando los Derechos Humanos, según lo decidido por un tribunal de apelación en los Países Bajos en febrero el año 2015 [sic]. SUEPO obtuvo dicha sentencia, la EPO es un reto, y el vicepresidente DG1 (búsqueda, el examen y la oposición) declaró en la televisión holandesa que un fallo en contra de la EPO con toda probabilidad, será ignorado. SUEPO deberá firmar, sin embargo, un protocolo de acuerdo de aceptar la normativa en cuestión.

El Tribunal Administrativo de la Organización Internacional del Trabajo (ILO-AT), la única “corte” externo al que los funcionarios de EPO puede dar vuelta, ha planteado serias preocupaciones acerca de la gobernabilidad EPO. ILO-AT se está ahogando con casos de EPO, lo que dificulta su capacidad para servir como tribunal para otras organizaciones.

A fin de cuentas, el actual presidente sigue aplicando su estrategia de “todo o nada”. La escalada es seguido por una nueva escalada. Es difícil imaginar que la situación actual mejorará bajo este presidente.

Una táctica típica de la gerencia,” escribió otra persona, “lo que es anterior a Battistelli, es la promesa de ser mejor en el futuro, si sólo la Unión acepta el status quo.”

Bueno, deberían contínuar peleándo. Aquí está el comentario acerca de la SUEPO:

La SUEPO tiene razón en insistir en volver a ver el llamado a “reformas” (un término que da las medidas de una legitimidad que simplemente no tienen, después de todo “reformas” son siempre buenas, ¿no?). Las directrices de investigación de tal “reforma”, como son las medidas tomadas contra la SUEPO y sus funcionarios, el arresto domiciliario de personal por enfermedad, los objetivos poco realistas, las reglas de la promoción que refuerzan la arbitrariedad, etc, etc el uso del término “reformas” para estos medidas no es neutral – que está adoptando la retórica de la gestión, y reforzando el escenario que le gustaría que el público creencia de que – la de los trabajadores de tiempo de inactividad que sirven pagó demasiado por hacer demasiado poco. (Extraordinario, por lo tanto, que la reputación orgullosos de la EPO durante todos los años de su existencia fue construido sobre una base tan inestable).

Una táctica típica de gestión, lo que es anterior a Battistelli, es la promesa de ser bueno en el futuro, si sólo la Unión va a aceptar el status quo. Siempre es una promesa vacía, sino que permite la gestión de parecer razonable y la Unión a parecer intransigente. SUEPO Debe y, espero continúe resistiéndo.

Ahora mismo el modelo que seguimos viendo es fácil de interpretar. Cualquier que no esté 100% a bordo con el equipo Battistelli debe ser aplastado y ser hecho un ejemplo. Acerca de la suspensión de un juez una persona escribió lo siguiente:

¿Quiere decir que la EPO puede ignorar una decisión de un joa?

La respuesta es sí, sin duda. En caso de que la EBA, por ejemplo, decidir rechazar la solicitud tardía AC para la remoción de un juez y decidir que debe ser reintegrado en DG 3, el presidente podría simplemente mantener la prohibición de casa que le impuso hace 18 meses, y no hay absolutamente nada que nadie podría hacer.

La intervención del presidente en las decisiones de las Salas y su independencia de hecho es un problema mucho más grande que lo que se ha asumido hasta ahora. La legitimidad de la construcción EP completo (junto con la UPC) ya no resistir el escrutinio de un tribunal constitucional nacional.

Regresándo a la madeja anterior — la que se enfoca en la UPC — DG3 es notada como sigue:

Merpel también podría considerar el cambio reciente debatido la normativa DG 3 concerniente al requisito de autorización para el empleo después de salir de la EPO. Por lo que, incluso retirarse o renunciar dejaría claramente libre a un miembro de BoA, sobre todo si su pensión se mantiene de rehén? Creo que eso fue parte de los cambios propuestos para garantizar la independencia de las Juntas.

Dada la excelencia de la jurisprudencia Libro Blanco de la DG 3, disputas de patentes en Europa en estos días por lo general se reducen a una discusión sobre los hechos. Es la enseñanza de la patente suficiente para realizar la invención reivindicada? ¿Hay en D1 una divulgación suficientemente elevada para que algo dentro de la reclamación? ¿Había una utilización anterior de la novedad que destruyen o no? Como en realidad no realizar la forma de realización acusado? Una vez establecidos los hechos, la ley es casi invariablemente sencillo de aplicar, tanto en la violación y de validez.

Pero los lectores, donde (si en cualquier lugar) se realiza la determinación de hechos mejor que en la EPO? En los tribunales de Londres, yo diría que, por supuesto, pero ¿a qué costo?

Lo que sería interesante es objetivo de calidad superior y desapasionada leyes comunes Inglesas de investigación aplicada a la ley DG 3 establecida en la construcción de reclamo y el derecho sustantivo de la validez de las patentes. grasa oportunidad de que, si bien, ¿eh? En absoluto suficiente trabajo para los litigantes de patentes de China continental, está ahí?

Acerca de la eliminación gradual (o pasarlas al retiro) a las salas, una persona hipótetiza lo siguiente:

Bueno, podría pensar en otras razones para la UPC no contrate miembros de los JoAs.

1) ¿Un miembro de la junta del riesgo de incurrir en la ira de su Presidente, en caso de que él / ella tendría que gobernar de una manera no favorable a la EPO?

2) El riesgo de la impresión de un sesgo es de hecho alto.

3) Tal vez no todo el mundo está de acuerdo con MaxDrei en la calidad de las resoluciones boa y su rechazo de los tribunales nacionales. Como DPMA-examinador encuentro las decisiones BGH bastante coherente. En los casos que tenía que mirar a las decisiones de la EPO (en exámenes o procedimientos de oposición paralelo) me encontré con ellos a menudo cuestionable y las razones de las decisiones a menudo insuficientemente descritas en los procedimientos (alemanas que los tribunales deberían hablar de “Begründungsmangel”).

Lo anterior no acaba de pasar el examen por el siguiente motivo, según ha señalado MaxDrei:

Buen punto de Fragender. Pero, ¿cómo muchas decisiones inglés ¿Lee, me pregunto. Él entonces sería aún más agudo para menospreciar las decisiones individuales de los tribunales de EPO individuales de Apelación. Naturalmente, como inglés, me parece que la motivación de las decisiones de mis propios tribunales internos me atrae mucho más que lo que encuentro en las decisiones de EPO. Supongo que es lo mismo por él, como alemán.

Mi punto es sin embargo la integridad del “cuerpo” de la jurisprudencia de la EPO, en el Libro Blanco y una síntesis de más de un millar de decisiones cada año desde hace más de treinta años.

Lamento que la BGH (a diferencia del Tribunal Supremo del Reino Unido) persiste en mantener su propia línea, la elección de no ceder ante la jurisprudencia de las salas de EPO de apelación. Al igual que los EE.UU. piensa que sólo cuestión de tiempo antes de que el mundo se balancea en que conforme a la jurisprudencia estadounidense, por lo que la comunidad legal en Alemania supone que sólo es cuestión de tiempo antes de que toda Europa adopta la línea de BGH.

Pero ahora, con la llegada de la UPC, sin embargo, es de hecho tal vez sólo una cuestión de tiempo. Si es así, qué lástima.

En respuesta:

Yo no quiero decir la línea BGH es necesariamente mejor. En algunos aspectos, creo que la línea BoA es mejor, en otros la línea de BGH. La EPO ha idiotizado al experto en el arte de la manera demasiado para mi gusto (tengo más de 12 años de experiencia como ingeniero de diseño …).

Simplemente quería decir que no están necesariamente haciendo un lío, simplemente por no seguir las decisiones joa.

Y sí, leo menos decisiones británicos que los alemanes – pero trato de leer por lo menos los interesantes. Parecen estar bien escrito, por lo general.

Será interesante ver, que la línea de la UPC desarrollará.

Eso es si la UPC se desarrolla de alguna manera.

Un exáminador de la EPO añadió la siguiente observación:

1) y 2): Creo que es más bien al revés. miembros BoA se excluyen exactamente porque gobernados de una manera que dipleased Battistelli en el pasado. La exclusión debe ser vista junto con la falta de personal en los tableros, los intentos para sacarlos de Munich y reformarlos de manera que sean más leales.

(Tal vez el Sr. Lutz y amigos) no parecen otros empleados de EPO que han sido más leales y son sin duda más sesgada ser excluido de la UPC porque la exclusión sólo menciona a los miembros del consejo.

3) Creo que depende de lo que usted está buscando. Estoy de acuerdo con maxdrei y me parece que la decisión Inglesa están mejor razonó sobre la determinación de los hechos. BGH decisiones parecen, cuando se logra extrapolar el razonamiento de la amtsdeutsch, menos motivado que la decisión promedio BoA. Las decisiones de mis colegas en el examinaning y la división de la oposición, por supuesto, diferente y no se puede comparar con la decisión BoA: por desgracia debo estar de acuerdo con usted en que algunos de ellos no están muy bien razonado.

Pero todo esto es, por supuesto, una opinión personal.

Poniendo lado esta serie de comentarios acerca de por qué Battistelli está aplastando las Juntas y el papel de la UPC en ello, una persona cree que Battistelli está “haciendo todo lo posible para asegurar que la UPC está dominada por Francia.” Mira cuántas personas francesas son ahora en la gestión de la EPO. Algunos de ellos son familiares y algunos son antiguos compañeros de Battistelli. ¿Coincidencia? empleos lucrativos con sueldos astronómicos (y, a veces secretos)? En ello radica un gran escándalo y esto es por qué los políticos franceses tienen que tomar medidas. Se ha convertido en una vergüenza nacional a Francia. Aquí está el comentario en su totalidad:

En mi entusiasmo por el punto de que la UPC irá toda alemán había pasado por alto el papel de Battistelli en la preparación para el lanzamiento de la UPC, haciendo todo lo posible para asegurar que la UPC está dominada por Francia. No Alemania, y desde luego no por los jueces que aprendieron su profesión en la EPO.

Cuando Alemania, Francia y el Reino Unido están unidos, que ningún juez procedente de la EPO tendrá alguna posibilidad de juzgar en la UPC, ¿qué posibilidades tienen los miembros DG 3, en el mundo feliz de la ley de patentes realizadas por la UE?

Aquí hay un comentario que dice que no es la UPC pero otras nuevas reglas que pondrán en amenaza existential a las Salas/Jurados:

Por lo que sé que no es la UPC que se cierne sobre el futuro de las boas. Más bien es la nueva normativa que fueron rechazados por el AC en Diciembre que significar un desastre. Dichas normas serán presentados a la AC en junio sin ningún cambio serio, por lo que he oído, y hacen que las Salas de muy dependiente de la opinión del presidente, por lo que entonces sí existe el peligro de que los miembros de BoA no se atreven a decidir de manera independiente más. Una vez más, estas nuevas normas se han elaborado sin ninguna consulta de la boa y totalmente en contra de las opiniones de los usuarios del sistema, que muy criticado el hecho de que la independencia estaba mezclado con eficiencia, que fue encontrado en general satisfactoria. También será imposible para los ex miembros de BoA para trabajar en el campo de las patentes sin el consentimiento de la AC. Por el momento dicho consentimiento se podría dar, en todo caso, ha pasado el tiempo y la petición ha quedado sin objeto. De hecho, que equivale a una Berufsverbot para los miembros de la boa. Así que no volver a su antiguo puesto de trabajo, por ejemplo, como agente de patentes, sin asesoría, etc., impidiendo cualquier posibilidad de crear un ingreso extra. Una vez más un ejemplo de la forma no democrática absoluta la OEP se rige hoy en día, yendo en contra de toda la legislación encontrado lo normal en los estados miembros, los cuales, se deben aceptar estas reglas esta vez, no puedo menos de lo que se refiere como un castigo colectivo reivindicativo de los miembros de la boa. Qué talmundo …

Esto, de acuerdo a lo de arriba, es “un ejemplo de la antidemócratica manera la EPO es gobernada en la actualidad, yendo contra toda legislación normal de los países miembros…”

Esta abundantemente claro que los empleados de la EPO y los abogados de patentes (o abogados) se dan cuenta ahora que la UPC es un ruinoso plan de Battistelli et al. No los beneficia pera a unos pocas fuerzas externas tales como los billonarios y sus corporaciónes multinacionales quienes probablemente evaden impuestos (como es usual). Necesitamos que más personas tomen conciencia y se mobilice contra la UPC ya que perjudica literálmente a 99% de Europeos para ganáncia de un 1% (o menos) quienes no son incluso Europeos.

 

 

05.17.16

Links 18/5/2016: ReactOS 0.4.1, KWayland in KDE Frameworks

Posted in News Roundup at 11:34 pm by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • Sweden’s insurer: open source maximises IT efficiency

    Open source’s inherent flexibility maximises IT value, says Mikael Norberg, CTO at Sweden’s Social Insurance Agency (Försäkringskassan). Thanks to free software licences, information technology can be used effectively. Last year, Försäkringskassan completed its transition to open source in its data centre in Sundsvall, “driving down costs while increasing IT value”, the CTO says.

  • SL Adds Docker, MongoDB and Node.js to Open Source Monitoring Portfolio
  • RethinkDB’s Horizon Will Shave Months Off Your Development
  • RethinkDB unveils open-source JavaScript platform, Horizon

    RethinkDB, an open-source database, wants to help developers prototype and build cross-platform, real-time Web, mobile and IoT apps. The company announced Horizon, a new open-source JavaScript platform, is coming out of a closed developer preview today.

  • Leveraging IoT & Open Source Tools

    Though the data regarding connected devices is anything but cohesive, a broad overview of IoT stats affords a clear picture of how quickly our world is becoming a connected ecosystem: In 1984, approximately 1,000 devices were connected to the Internet; in 2015, Gartner predicted 4.9 billion connected things would be in use; and by 2020 analysts expect we’ll have somewhere between 26 and 50 billion connected devices globally. Said Padmasree Warrior, Chief Technology and Strategy Officer at Cisco, “In 1984, there were 1,000 connected devices. That number rose up to reach a million devices in 1992 and reached a billion devices in 2008. Our estimates say… that we will have roughly 50 billion connected devices by the year 2020.”

  • ReactOS 0.4.1 Released To Advance “Open-Source Windows”
  • ReactOS 0.4.1 Operating System Released with Initial Read/Write Btrfs Support

    Ziliang Guo from the ReactOS project today announced the availability for download of the first maintenance release of the ReactOS 0.4 open-source operating system.

    While not a GNU/Linux distribution, ReactOS is an open source project whose main design goal is to offer users a computer operating system built from scratch that clones the design principles of Microsoft Windows NT’s architecture.

  • Google open sources its ‘most powerful’ AI SyntaxNet
  • Has Google’s Parsey McParseface just solved one of the world’s biggest language problems?
  • Google ‘Artificial Intelligence’ Free Update: Google Introduces ‘Parsey McParseface’ As Open Source Natural Language AI Tool [VIDEO]
  • Amazon Joins Tech Giants in Open Sourcing a Key Machine Learning Tool

    Among technology categories creating sweeping change right now, cloud computing and Big Data analytics dominate the headlines, and open source platforms are making a difference in these categories. However, one of the biggest open source stories of the year surrounds newly contributed projects in the field of artifical intelligence and the closely related field of machine learning.

  • Amazon opens up its product recommendation tech to all
  • VR for Good, Amazon open-sources DSSTNE, and the Google Spaces app—SD Times news digest: May 17, 2016
  • Amazon’s DSSTNE Is Now Open Source Software
  • Amazon’s DSSTNE machine learning tech is now open source
  • After Google, now Amazon open sources its machine learning engine DSSTNE
  • Amazon.com, Inc. (NASDAQ:AMZN) Open Sources Deep Learning Software

    The software is now available on Github where the tech giant hopes developers and researchers will expand its functionalities.

  • Blockchain open sources Thunder network, paving the way for instant bitcoin transactions

    Blockchain, the company behind the world’s most popular bitcoin wallet, has been quietly working on an interesting project called Thunder. The Thunder network is an alternative network of nodes that lets you make off-chain bitcoin payments in seconds and settle back to the bitcoin blockchain every now and then. And it makes me excited about bitcoin all over again.

    This sounds complicated but it’s quite neat and could be a powerful innovation for bitcoin transactions. But first, let’s take a step back.

    If you’ve ever tried sending a couple of bitcoins from one wallet to another, you know it can take ten or twenty minutes before the blockchain confirms the transaction.

  • Events

  • Web Browsers

    • Mozilla

      • Mozilla Expands Its National Gigabit Project to Austin, TX

        When you couple lightning-fast Internet with innovative projects in the realms of education and workforce development, amazing things can happen.

        That’s the philosophy behind the Mozilla Gigabit Community Fund, our joint initiative with the National Science Foundation and US Ignite. The Mozilla Gigabit Community Fund brings funding and staffing to U.S. cities equipped with gigabit connectivity, the next-generation Internet that’s 250-times faster than most other connections. Our goal: Spark the creation of groundbreaking, gigabit-enabled educational technologies so that more people of all ages and backgrounds can read, write, and participate on this next-generation Web.

  • SaaS/Back End

    • OSOps Gives Operators a Powerful Tool to Poke OpenStack Developers

      For JJ Asghar, senior partner engineer of OpenStack at Chef, there is one issue that continues to hamper OpenStack’s success: Operations. It’s no secret in the Ops community that there is a large barrier to entry involved in becoming a part of the OpenStack community. When it comes to submitting bugs, reporting issues, and ensuring one’s OpenStack cloud runs smoothly, operations teams find themselves facing an uphill battle.

    • Cisco’s Embrace of OpenStack Pays Network Dividends [VIDEO]

      When Lew Tucker, vice-president and CTO of cloud computing at Cisco first got Cisco involved with OpenStack, networking wasn’t even a separate project, it was just part of the Nova compute project. OpenStack has since evolved with the Neutron networking project and more recently, a large focus on Network Function Virtualization (NFV) with some of the world’s largest carriers supporting the effort.

    • OpenStack Player Platform9 Rolls Out Channel Partner Program

      As the OpenStack arena consolidates, there are still many business models evolving around it, and OpenStack-as-a-Service is emerging as an interesting choice. Platform9, which focuses on OpenStack-based private clouds, has announced a new release of its Platform9 Managed OpenStack, which is a SaaS-based solution with integration for single sign-on (SSO) solutions. The company also updated its private-cloud-as-a service offering from OpenStack Juno to OpenStack Liberty.

  • DevOps

  • CMS

  • Pseudo-Open Source (Openwashing)

  • Funding

    • Why VCs Have Invested More Than $200M in Container Tech

      Last week alone, investors—aiming to profit from the new approach to building, deploying and managing apps—poured $63M into container vendors.
      The evolving market for application containers isn’t just about developer adoption anymore; it’s now very much about investors, too.

      The week of May 9, in particular, highlights the intense interest that venture capitalists (VCs) have in containers and the potential to profit from the new approach to building, deploying and managing applications at scale.

  • BSD

    • FreeBSD 10.3′s new features

      FreeBSD is a venerable operating system, often deployed on servers due to the project’s focus on performance and stability. At the beginning of April the FreeBSD project released version 10.3 of their operating system. The release announcement for FreeBSD 10.3 mentioned several features and improvements which caught my attention. Specifically the availability of ZFS boot environments, 64-bit Linux compatibility and jail improvements were of interest to me. I was especially eager to try out FreeBSD’s new jails technology using the iocage front-end. The iocage software has been presented as an improvement on (and replacement for) Warden, a friendly front-end for handling jail environments.

      I already reviewed FreeBSD 10.0 when it was launched and so I plan to skip over most aspects of the new 10.3 release and focus on the key features I listed above, along with the notable changes I encounter. The new release is available in many different builds, ranging from x86 and ARM, to SPARC and PowerPC. For the purposes of my trial I downloaded the 2.6GB DVD image of FreeBSD’s 64-bit x86 edition.

  • FSF/FSFE/GNU/SFLC

  • Openness/Sharing/Collaboration

    • Smartphone-based Robotic Rover Project goes Open Source

      The chassis is made to cradle a smartphone. Fire up your favorite videoconferencing software and you have a way to see where you’re going as well as hear (and speak to) your surroundings. Bluetooth communications between the phone and the chassis provides wireless control. That being said, this unit is clearly designed to be able to deal with far more challenging terrain than the average office environment, and has been designed to not only be attractive, but to be as accessible and open to repurposing and modification as possible.

    • “Participatory budgeting: a silent democratic revolution”

      Citizens with a say — or even a vote — in their municipal budgets are part of a silent democratic revolution. Participatory budgeting started 25 years ago in Brazil and, since then, has been spreading slowly but steadily from South America to cities all over the world. At the moment, more than 1,500 municipalities involve their citizens in the budget-making process, according to an article on participatory budgeting recently published in the Dutch online newspaper ‘De Correspondent’.

    • Fifty shades of open

      Open source. Open access. Open society. Open knowledge. Open government. Even open food. Until quite recently, the word “open” had a fairly constant meaning. The over-use of the word “open” has led to its meaning becoming increasingly ambiguous. This presents a critical problem for this important word, as ambiguity leads to misinterpretation.

    • Open Data

      • “Panama Papers pushing open government”

        The publication of the so-called Panama Papers will only help to further the discussion on open government. “Things like hidden company ownership and strict secrecy have fuelled questions on links between world leaders and offshore jurisdictions,” write Koen Roovers, and Henri Makkonen, EU Advocacy Lead and EU Advocacy Intern, respectively, at the Financial Transparency Coalition (FTC).

      • “Governments need to enable the data-driven economy”

        Big Data is a game changer for businesses, Alla Morrison, International Development Specialist, Digital Economy and Solutions at the World Bank, recently wrote in a blog posting. She quoted Harvard professor Michael Porter, a globally recognised authority on competitiveness, who said: “Data now stands on par with people, technology, and capital as a core asset of the corporation and in many businesses is perhaps becoming the decisive asset.”

      • Open Government Research Exchange (OGRX) launched

        Earlier this month, the Open Government Research Exchange (OGRX) was launched. The portal brings together research on on government innovation, and already indexes hundreds of publications (though many of them are only available for purchase).

      • Central Greece creates dashboard to increase citizen awareness

        Basically, Smart Sterea can be seen as a set of technological tools. Central Greece deployed a data visualisation portal, which mixes data for budgets, political projects and public consultations. This “Open Dashboard of Central Greece” makes use of Open Data to allow citizens to monitor public revenue and expenditure, political programs and their progress, and allocations – among other types of information. Data are updated in real-time.

    • Open Access/Content

      • A call for open source textbooks

        Ninety dollars, sometimes over a hundred, even. Walking away from the bookstore with a full set of math textbooks for a calculus course can easily set a student back by over two hundred. Add in online components, and that number only grows. The College Board estimates that the average full-time student would have to spend $1,200 alone in books and materials. The textbook industry costs already financially overburdened students massive amounts of money, and the solution is clear: Open source textbooks must become commonplace in De Anza classrooms.

    • Environment

      • Moja Global: Creating Open Source Tools to Help the Environment

        To understand and address issues such as land degradation, deforestation, food security, and greenhouse gas emissions, countries need access to high-quality and timely information. As these challenges have become more urgent over the past decade, the need for more information has also increased. At the recent 2016 Linux Foundation Collaboration Summit, we introduced a new open source project called moja global, supported by the Clinton Foundation and the governments of Australia, Canada and Kenya, that aims to provide the tools necessary to help address these issues.

      • Open-Source Fabbing Gives Plastic Waste New Life

Leftovers

  • When TV Ads Go Subliminal With a Vengeance, We’ll Be to Blame

    For decades the annual television industry ritual known as the upfronts has gone the same way.

    Thousands of advertising and television executives trudge between New York’s great cultural centers — Carnegie Hall, Radio City Music Hall, Lincoln Center — where network executives screen premieres of their hottest new shows (“24: Legacy” on Fox! “Designated Survivor” on ABC!); trot out their biggest stars (Jennifer Lopez! Kerry Washington!), and disclose which programs will go where on the prime-time schedules being set for the fall.

    After successive nights of upscale hedonism — steaks at Peter Luger, mango chili martinis at Tao and Nicki Minaj at Terminal 5 — the ad people and the TV people get down to the real business of cutting deals for the 30-second spots that run during prime time’s commercial breaks.

    But when the whole shebang kicks off in earnest on Monday morning, there will be an underlying sense of seasickness because of the inexorable, existential question that now faces television this time of year: How long can it go on like this?

    This queasiness was your doing.

  • Dear Politicians: At Least Close Those Porn Tabs Before Sending Out Your Campaign Screenshots

    We all know the internet is for porn, right? But the implication in that age-old internet commandment is that it’s for porn and nothing else. But that’s not true! The internet is also for cats, for business-ing, for Techdirt, and for political messages. But what you really shouldn’t do is mix any of those formers with the latter, which it appears is what congressional candidate Mike Webb did on his Facebook page.

  • Health/Nutrition

    • No, the UN has not given glyphosate a ‘clean bill of health’

      News headlines today suggest that a UN report on glyphosate residues has given the controversial herbicide a clean bill of health, writes Georgina Downs. But that’s seriously misleading: the panel concludes that exposure to the chemical in food is unlikely to cause cancer. But that does not apply to those exposed to it occupationally or who live near sprayed fields.

    • New Evidence About the Dangers of Monsanto’s Roundup

      John Sanders worked in the orange and grapefruit groves in Redlands, California, for more than 30 years. First as a ranch hand, then as a farm worker, he was responsible for keeping the weeds around the citrus trees in check. Roundup, the Monsanto weed killer, was his weapon of choice, and he sprayed it on the plants from a hand-held atomizer year-round.

    • US Beekeepers Lost 44 Percent of Honey Bee Colonies in 2015, and More

      US beekeepers lost 44 percent of honey bee colonies in 2015; microplastics might be contaminating the air we breathe; an atmospheric measuring station is picking up CO2 levels that are on the verge of breaking 400 parts per million for the first time in human history; and more.

  • Security

    • Security updates for Monday
    • The Truth about Linux 4.6

      As anticipated in public comments, the Linux Foundation is already beginning a campaign to rewrite history and mislead Linux users. Their latest PR release can be found at: https://www.linux.com/news/greg-kh-update-linux-kernel-46-next-week-new-security-features, which I encourage you to read so you can see the spin and misleading (and just plain factually incorrect) information presented. If you’ve read any of our blog posts before or are familiar with our work, you’ll know we always say “the details matter” and are very careful not to exaggerate claims about features beyond their realistic security expectations (see for instance our discussion of access control systems in the grsecurity wiki). In a few weeks I will be keynoting at the SSTIC conference in France, where a theme of my keynote involves how little critical thinking occurs in this industry and how that results in companies and users making poor security decisions. So let’s take a critical eye to this latest PR spin and actually educate about the “security improvements” to Linux 4.6.

    • Major Remote SSH Security Issue in CoreOS Linux Alpha, Subset of Users Affected

      A misconfiguration in the PAM subsystem in CoreOS Linux Alpha 1045.0.0 and 1047.0.0 allowed unauthorized users to gain access to accounts without a password or any other authentication token being required. This vulnerability affects a subset of machines running CoreOS Linux Alpha. Machines running CoreOS Linux Beta or Stable releases are unaffected. The Alpha was subsequently reverted back to the unaffected previous version (1032.1.0) and hosts configured to receive updates have been patched. The issue was reported at May 15 at 20:21 PDT and a fix was available 6 hours later at 02:29 PDT.

    • Let’s Encrypt: The Good and the Bad

      By now, most of you have heard about the “Let’s Encrypt” initiative. The idea being that it’s high time more websites had a simple, easy to manage method to offer https encryption. As luck would have it, the initiative is just out of its beta phase and has been adding sponsors like Facebook, Cisco, and Mozilla to their list of organizations that view this initiative as important.

      In this article, I want to examine this initiative carefully, taking a look at the good and the bad of Let’s Encrypt.

    • SourceForge Tightens Security With Malware Scans

      After taking down the controversial DevShare program in early February, the new owners of popular software repository, SourceForge, have begun scanning all projects it hosts for malware in an attempt to regain trust that was lost by Dice Holdings, the site’s previous owners.

    • Mozilla Issues Legal Challenge to FBI to Disclose Firefox Flaw
    • Judge In Child Porn Case Reverses Course, Says FBI Will Not Have To Turn Over Details On Its Hacking Tool

      Back in February, the judge presiding over the FBI’s case against Jay Michaud ordered the agency to turn over information on the hacking tool it used to unmask Tor users who visited a seized child porn site. The FBI further solidified its status as a law unto itself by responding that it would not comply with the court’s order, no matter what.

      Unfortunately, we won’t be seeing any FBI officials tossed into jail cells indefinitely for contempt of court charges. The judge in that case has reversed course, as Motherboard reports.

    • Judge Changes Mind, Says FBI Doesn’t Have to Reveal Tor Browser Hack

      In February, a judge ordered the FBI to reveal the full malware code it used to identify visitors of a dark web child pornography site, including the exploit that circumvented the protections of the Tor Browser. The government fought back, largely in sealed motions, and tried to convince the judge to reconsider.

    • Symantec antivirus security flaw exposes Linux, Mac and Windows

      Security holes in antivirus software are nothing new, but holes that exist across multiple platforms? That’s rare… but it just happened. Google’s Tavis Ormandy has discovered a vulnerability in Symantec’s antivirus engine (used in both Symantec- and Norton-branded suites) that compromises Linux, Mac and Windows computers. If you use an early version of a compression tool to squeeze executables, you can trigger a memory buffer overflow that gives you root-level control over a system.

    • Apache incubating project promises new Internet security framework

      The newly announced Apache Milagro (incubating) project seeks to end to centralized certificates and passwords in a world that has shifted from client-server to cloud, IoT and containerized applications.

  • Defence/Aggression

    • Top Hizbullah Commander in Syria killed in Explosion; Radical Salafis blamed

      Mustafa Badreddine, the Hizbullah commander responsible for Syria, was killed Friday in an explosion near Damascus. It wasn’t clear whether he was hit by artillery fire or what.

      The US now has a tacit alliance of convenience with Lebanon’s Hizbullah against Daesh (ISIS, ISIL), but continues to keep the organization on a terrorism list.

    • Organized Misery is Fascism

      Just about one half of the year 2016 is in the world’s history books. The 16th year of the 21st Century, a century that was supposed to usher in a new era of democracy, opportunity, “green thinking”, and income for all, has thus far been a bust for much of the citizens of the world. Some 40.8 million displaced people roam the continents of the world due to the effects of climate change and the fallout from varying degrees of conflict/war ranging from the War on Terror and War on Drugs, to covert-overt regime changes in Brazil, Ukraine, Egypt, Paraguay, Iraq, Libya and Honduras. Syria remains a work in progress.

    • NATO & the Humanitarian Dismemberment of Yugoslavia

      The popular narrative is that is that the Western powers dropped these bombs out of humanitarian concern, but this claim falls apart once the distorted lens of Western saviourism is dropped and actual facts are presented. In truth, NATO intervention in Yugoslavia was predicated on the imperialist, colonialist economic and ideological interests of the NATO states, masquerading for the public as a humanitarian effort, that in fact served to dismantle the last remnant of socialism in Europe and recolonize the Balkans. This becomes apparent when the economic interests and actions of the NATO bloc in the decades leading up the breakup are analyzed, when what actually occurred during the intervention is further explored, and when the reality of life in the former Yugoslavia in the aftermath of the ‘humanitarian’ intervention is more closely examined. It becomes clear that the most suffering endured by the Yugoslav people since Nazi occupation was the result of the actions of NATO with the United States at its helm.

    • Wonky welds keep West Coast submarines stuck in port

      Canada’s troubled submarine fleet has been hit with another headache: hundreds of potentially dangerous welds

    • Hillary Clinton Wasn’t Always This One-Sided on Israel

      The text of Hillary Clinton’s speech to the American Israel Public Affairs Committee conference in March runs 3,301 words, almost every one of them praising Israeli policy in one way or another, and expounding on taking the “U.S.-Israel alliance to the next level.”

      Only a single sentence — 15 words to the effect that “everyone has to do their part by avoiding damaging actions, including with respect to settlements” — could possibly be interpreted as criticism of Benjamin Netanyahu’s extremist right-wing government.

    • [Older, reposted] Muslim Memories of West’s Imperialism

      A century ago, Britain and France secretly divided up much of the Mideast, drawing artificial boundaries for Iraq and Syria, but Muslim resentment of Western imperialism went much deeper, as historian William R. Polk described in 2015.

    • Behind the Veil of Chinese Politics

      The first story concerns President Xi Jinping’s warning of cabals, cliques and conspirators which came to light in the first week in May. The speech, delivered in January, confirmed what many suspected.

      Xi chose his words carefully. “Some officials have been forming cabals and cliques to covertly defy the CPC [Communist Party of China] Central Committee’s decisions and policies,” which risked “compromising the political security of the Party and the country’’.

    • The Danger of Demonization

      As the West is sucked deeper into the Syrian conflict and starts a new Cold War with Russia, the mainstream U.S. news media has collapsed as a vehicle for reliable information, creating a danger for the world, writes Robert Parry.

    • Donald Trump vs. Sadiq Khan

      Donald Trump is on the record calling for the ban of all Muslims entering the United States until U.S. representatives can figure out what is going on. London’s new Muslim mayor, Sadiq Khan, says Trump is ignorant about Islam and assures that mainstream Islam and Western liberal values are compatible.

    • “Please Free Us”: EU’s Outsourcing of Refugees Drives Crisis to New Low

      Conditions for refugees seeking asylum in Europe descended to new depths this week, as residents of a Greek refugee camp launched a hunger strike to protest inhumane living conditions, the United Nations warned Greece to stop imprisoning refugee children in police cells, and deported Syrian refugees said they were being illegally detained in Turkey and stripped of their rights.

    • Brazil’s New Conservative Leadership Quietly Readies Neoliberal Onslaught

      Following the suspension of Brazilian President Dilma Rousseff last week—in what some called a coup by conservative opponents—her supporters warned that the interim government, led by Vice President Michel Temer, may use the opportunity to push through neoliberal legislation.

      According to the advocacy group the Alliance of Leading Environmental Researchers and Thinkers (ALERT), they were right.

      The Brazilian Committee of the Constitution, Justice, and Citizenship on April 27 “quietly” passed an amendment known as PEC 65, which would ban any public works project from being cancelled or suspended, as long as the contractor has submitted an environmental impact study. Amid the political uproar, the measure is now poised to pass.

    • Noam Chomsky: Brazil’s President Dilma Rousseff “Impeached by a Gang of Thieves”

      As protests continue in Brazil over the Legislature’s vote to suspend President Dilma Rousseff and put her on trial, Noam Chomsky notes that “we have the one leading politician who hasn’t stolen to enrich herself, who’s being impeached by a gang of thieves, who have done so. That does count as a kind of soft coup.” Rousseff’s replacement, Brazil’s former vice president, Michel Temer, is a member of the opposition PMDB party who is implicated in Brazil’s massive corruption scandal involving state-owned oil company Petrobras, and has now appointed an all-white male Cabinet charged with implementing corporate-friendly policies.

    • Noam Chomsky: The True ‘Center of Radical Islamic Extremism’ Is Close American Ally Saudi Arabia

      In an interview with Democracy Now, Chomsky says that Saudi Arabia is a “a source of not only funding for extremist radical Islam and the jihadi outgrowths of it, but also, doctrinally, mosques, clerics and so on, schools, you know, madrassas, where you study just Qur’an, is spreading all over the huge Sunni areas from Saudi influence.”

    • Senate Passes Bill Allowing Families of 9/11 Victims to Sue Saudi Arabia

      he Senate defied a veto threat by the Obama administration Tuesday, passing the Justice Against Sponsors of Terrorism Act (JASTA), which if signed into law would allow the families of 9/11 victims to sue Saudi Arabia for its alleged involvement in the 2001 terror attacks on the World Trade Center that killed almost 3,000 people.

    • Undeterred by Obama’s Veto Threat, Senate Passes 9/11-Saudi Bill

      Setting up a likely veto fight and opening a potential Pandora’s Box, the U.S. Senate on Tuesday passed a bill that allows victims of 9/11 to sue Saudi Arabia for any role the government may have played in the attacks.

    • ‘Operation Popcorn’ Explores How U.S. Vietnam War Policy Shaped Allies’ Identities

      Although it sounds like something straight out of Hollywood, the story behind “Operation Popcorn” is not fiction. It is, in fact, a tale of violence and desperation spanning several generations.

      The feature-length documentary, directed by David Grabias, follows businessman-turned-activist Locha Thao as he embarks on a quest to help Hmong communities in Laos, eventually working with an arms dealer and a retired U.S. Army officer to supply weapons for a rebellion. Eventually, Thao, the Army officer and 10 other Hmong-American community leaders, including renowned Hmong war hero Gen. Vang Pao, are indicted on charges of conspiracy.

    • My cultural revolution: a child’s memory

      The purge of Mongolian ‘nationalists’ stopped in 1969. The official death-toll among Mongolians is 50,000, but many Mongols believe the true figure is much higher. To pacify the discontent of the Mongol victims of the purge, the authorities at the time gave various forms of compensation to their families. My parents received a family trip to Beijing and Shanghai for a health check and treatment. I spent a few months living with them in a hotel in Shanghai, where we met many other long-term resident guests, many of whom who, permanently maimed in industrial accidents, were on medical trips paid by the state. At the time, Shanghai was the only big city where the radical leftists had taken complete control, while in other places they were checked by the army. I remember walking past the Shanghai workers’ militia headquarters and seeing militia sentry standing outside holding automatic rifles with shiny bayonets.

    • Israeli mishap in Latin America?

      A diplomatic incident between Brazil and Israel shows how Netanyahu is prisoner of his extreme-right and ultra-nationalists coalition friends.

    • Elon Musk Just Exposed Billions in Corrupt Pentagon Spending to Weapons Monopoly — Here’s How

      Perhaps Elon Musk’s innovative venture into the cosmos through SpaceX finally exposes excessive waste so common in the Pentagon’s bloated budget — an enormous chunk of which remains unaccounted for. A report last June found the Pentagon has essentially ‘lost track’ of around $8.5 trillion — yes, trillion — in taxpayer funded programs granted by Congress, just since 1996. As it turns out, the Pentagon has simply never complied with audits required by the government since that time; but as its fealty to ULA’s bloated space contracts shows, taxpayers are getting the shafted at every turn.

    • 5 lessons America has failed to learn from the Iraq War [Ed: reposted again]
    • Obama is bullish on war, no matter how you spin it

      Barack Obama has now been at war longer than any president in United States history, as the New York Times pointed out on Sunday. Barring some sort of peace miracle in the next six months, he will be the only president who ever served two full terms in office while constantly being at war. And given how he has transformed how the US fights overseas, his wars will likely continue long after he leaves office.

      Anytime the media writes about Obama and war, it’s apparently a rule that the author must mention that Obama supposedly fights his wars more reluctantly than his predecessors. But in many contexts, this is misleading. Obama hasn’t attempted to avoid war; he has merely redefined it. In some ways, he has fought them in a far more aggressively than any president before him, just with different tools.

  • Transparency/Investigative Reporting

    • Sources: Arianna Huffington wants to find leaker of embarrassing Uber-related email

      In an early May meeting with top Huffington Post managers, founder Arianna Huffington expressed an interest in finding the person who leaked a troubling email relating to the website’s coverage of Uber, according to three informed sources. Leaking internal documents is unacceptable and doesn’t comport with company values, Huffington argued. Also: Those who do such things must be malcontents who would be better off leaving their jobs.

      The impression that Huffington imparted was that she was already pursuing the leaker and urged her colleagues to be mindful of problem employees, according to the sources.

      On April 28, this blog reported that Huffington Post executive features editor Gregory Beyer had killed a story pitch about an Uber driver who had turned over the controls to a passenger while he took a nap. The substitute driver then led police on a highway chase. The pitch came just after the Huffington Post had consummated a partnership with Uber to combat drowsy driving, of all things. “Let’s hold on this one please as we’re partnering with Uber on our drowsy driving campaign,” Beyer wrote in an email secured by this blog.

      Colleagues of Beyer later received this apology: “Hi everyone, just wanted to bump this because a few people have asked me about this email and I realize it gave off the wrong impression. Obviously our partnerships never affect our coverage, and I was moving quickly in the moment and sent the wrong message as I read it in hindsight. For any confusion or concern I caused with my note, I apologize.”

  • Environment/Energy/Wildlife/Nature

    • Obama Mocks Politicians Who Think Cold Weather Disproves Global Warming

      It was unseasonably cold in New Jersey when President Obama delivered his commencement speech at Rutgers University in Pitscataway on Sunday. It was so cold that in some areas of the state, small pellets of ice fell from the sky.

      The cold weather, however, didn’t stop Obama from devoting a portion of his speech to human-caused global warming. In fact, Obama actually spent part of his speech rebuking politicians who deny climate science on the basis that sometimes it’s cold outside.

    • Can Green Banks Turn Renewable Energy Into A Financial Attraction?

      Last month, dignitaries from 175 countries applied the final seal of approval to the Paris Climate Agreement, setting a course for a low-carbon future. Experts say that, to meet the goals laid out in the pact, investors will need to funnel $1 trillion a year into clean energy and energy efficiency.

      It should come as no surprise that clean energy companies have become such hot properties. Last year saw historic investment in renewables worldwide. Tesla’s recently-announced Model 3 broke records by garnering $14 billion in promised sales in a single week.

    • Congress should pass much-needed Chemical Safety Bill

      In what seems like an earlier life, I majored in Chemistry in college. I enjoyed the subject but as it sometimes happens, my life took a different direction and I became a writer.

      But my Chemistry days taught me, among other things, the extent to which everything in and around us has a basis in Chemistry. What are our bodies but exquisitely balanced chemical factories (of sorts) under our skin? As science advances, we discover that our bodies, organ systems and mental faculties are sensitive to the chemicals we’re exposed to in our daily lives.

    • When Nuclear Plants Expire: Stick the Taxpayers With the Bill (and the Waste)

      Aging and dangerous nuclear power plants are closing. This should be cause for celebration. We will all be safer now, right? Well, not exactly.

      US nuclear power plant owners are currently pouring resources into efforts to circumvent the already virtually non-existent regulations for the dismantlement and decommissioning of permanently closed nuclear reactors.

      And sad to say, many on the US Nuclear Regulatory Commission (NRC), the industry’s ever compliant lapdog, are trotting happily by their side.

      [...]

      Using Vermont Yankee (a relatively small 620 MWe reactor) as an example, the decommissioning cost estimate in 2015 was $1.2 billion and rising. At the same time, Entergy, the plant’s owner, had just $625 million on hand.

      In early May, Entergy was reprimanded (but not fined) by the NRC for violating “federal regulations last year when it prematurely took money out of the Vermont Yankee decommissioning trust fund to cover planning expenses associated with the handling of spent nuclear fuel at the closed reactor”, the Times Argus reported.

      Another factor in the current struggle to pay for decommissioning is rooted in a decades-long practice by utilities of omitting the costs of decommissioning from electricity bills in order to artificially lower rates and stay competitive in the market.

      Rather than preserve decommissioning trust funds for actual decommissioning work, utilities are now asking the NRC to let them raid the funds for activities outside the parameters of the reactor decommissioning process. These activities include the payment of taxes and the protracted management of orphaned nuclear waste left on site.

    • Tar Sands Operations Shut Down, Work Camps Evacuated as Fire Jumps North

      Major Alberta tar sands facilities have been shut down and 19 work camps are under a mandatory evacuation order, after weather conditions caused Canada’s uncontrolled Fort McMurray wildfire to surge northward on Monday.

      The order, which covers about 8,000 people and was issued late Monday evening, came due to the “unpredictable nature” of the fire and the fact that those camps could be isolated if the road was jeopardized, said Scott Long, executive director of the Alberta Emergency Management Agency.

      The evacuation zone, stretching about 30 miles north of Fort McMurray to just south of Fort MacKay, included Syncrude and Suncor facilities, along with several smaller operations. As such, the Wall Street Journal reported, the order “is a setback for large oil-sands producers such as industry leader Suncor Energy Inc., which had said last week that it was in the process of planning to resume production at its oil sands sites.”

    • Everything You Need To Know About Why The DC Circuit Delayed Arguments On Obama’s Climate Plan

      The Clean Power Plan will get its day in court, but in September, not June — and by the full en banc D.C. Circuit Court of Appeals, not the court’s normal three-judge panel that was scheduled to hear it in just over two weeks.

      West Virginia v. Environmental Protection Agency is one of the most important environmental cases in almost a decade. The case will decide whether the EPA violated the law when it finalized its carbon rule to regulate greenhouse gas emissions from the power sector under the Clean Air Act.

    • Koch Candidates? Where Is the Koch Machine Spending in 2016 So Far

      Recent articles in the national media, such as yesterday’s piece in the National Review, suggest that Charles and David Koch are less interested and less involved in national politics in the 2016 election cycle than in previous years.

      This latest PR effort comes despite the fact that $400 million of the $889 pledge by the Kochs through their “Freedom Partners” network has already been invested in the outcome of the 2016 elections, with more money to be spent.

      A close examination of recent campaign finance disclosures and other data reveals that Team Koch has already identified some of their candidates for 2016 and in many cases has already started spending big on behalf of candidates in races for the U.S. House of Representatives, U.S. Senate, state Governorships and state Attorney General races–as the presidential tickets remain unsettled and controversial.

      For example, the Center for Media and Democracy/PRWatch (CMD) looked at disclosed donations by Koch Industries’ KochPAC. This is limited to the donations that are required to be disclosed under federal and state law but, as the Nation and others have documented, Koch Industries also attempts to indoctrinate its employees on who and what to vote for or against, as documented here.

    • Declining Deer Population: Blame the Mountain Lions?

      This is the time of year with Spring in full bloom that here in Colorado, we are likely to see more wildlife. It has been my good fortune to see a fair amount these past few weeks – beaver (which I had never seen until now), muskrat, avocets and then a few days ago a herd of seven mule deer grazing on the side of a slope above Clear Creek just beyond the entrance to Clear Creek Canyon. We had been hiking. Nancy went on a bit; as usual, I waited behind and took a seat on an inviting rock, looked up; there were all seven of them making their way down along a stream bed not far from me.

    • There’s No Time to “Debate” Climate Change: We Need Global Transformation

      Corporate mainstream media outlets are missing something very important as the general election draws closer and both Democrats and Republicans start freaking out that it’ll be the end of the world if the other party gets into the White House. Media are completely ignoring the fact that unless we do something right now to fundamentally change what fuels our economy, it actually will be the end of the world as know it.

    • Kochs’ Grassroots Leadership Academy Training Astroturf Army

      With no clear favorite in the 2016 U.S. presidential primary race–following Gov. Scott Walker’s early exit and Trump’s march toward the nomination–the Koch brothers have turned their attention (and opened their wallets) to races for the U.S. Senate, U.S. House, and state governorships.

      But with the Kochs having already spent at least $400 million of $889 million committed to the 2016 election cycle, according to news reports, where is that money being spent?

      An under-covered arm of the Koch political operations is a likely recipient of some of that cash and it’s called Americans for Prosperity’s “Grassroots Leadership Academy.”

    • Exxon Gets Sued by Conservationists and Legal Help from Conservatives

      As attorneys general of Texas and Alabama pledge to assist oil giant with fraud probe, conservation group files first lawsuit since cover-up revealed

    • Texas Thinks The Investigation Into Exxon Is ‘Ridiculous’

      If you didn’t know better, you might think the State of Texas favors oil companies.

      On Monday, Texas Attorney General Ken Paxton filed for the second time in two weeks on the side of an oil company — this time Exxon, which is challenging a subpoena in the Virgin Islands’ Attorney General’s investigation over what the oil and gas giant knew about climate change, and when.

      Paxton called the Virgin Islands’ investigation “ridiculous” in a statement Monday.

    • Massachusetts Court Sides with Teenagers in ‘Historic’ Climate Victory

      ‘This is an historic victory for young generations advocating for changes to be made by government,’ said 17-year-old plaintiff Shamus Miller.

    • Youth Climate Advocates Secure Victory in Massachusetts Climate Change Lawsuit
  • Finance

    • Protests Rise Against World Economic Forum’s Implausible ‘Africa Keeps Rising’ Meme

      As reality dawns, even the continent’s oldest retail bank, Barclays, has just announced it will sell its African operations.

      The most gloomy reason to fear Africa’s for future, climate change, was distorted beyond recognition at the Kigali WEF last week. Referring to the December 2015 UN climate summit in Paris, the director of the Africa Progress Panel (founded by Blair in his prime a decade ago), Caroline Kende-Robb, pronounced that the “COP 21 in Paris was an unambiguous success [because] African nations seized the chance to shift the climate narrative from one of dependence to one of opportunity and transformation.”

    • Investigators Target Dangerous Housing Finance Practice With Deep Ties To America’s Racist Legacy

      Investigators in New York will probe the resurgence of a dangerous housing finance practice that was historically used to target low-income black families who dreamed of owning their own home, the state’s Department of Financial Services announced Monday.

      Investigators have sent subpoenas to at least four separate companies that are helping drive a boom in a long-dormant alternative to a traditional mortgage, the Wall Street Journal reports.

    • New York Banking Regulator Investigates ‘Seller-Financed’ Home Sales

      Financial regulators in New York have opened an investigation into housing deals marketed by investment firms to low-income buyers who don’t qualify for mortgages.

    • EU referendum: Boris Johnson accused of ‘dishonest gymnastics’ over TTIP U-turn

      The grandson of Winston Churchill has accused Boris Johnson of “fundamentally dishonest gymnastics” for reversing his position on the planned multibillion-pound TTIP trade agreement between the US and the EU.

      The former Mayor of London had previously called the Transatlantic Trade and Investment Partnership “Churchillian” in its brilliance.

    • Challenging a Wall Street Giant on Pay

      A prominent shareholder activist is fed up with money manager BlackRock over the firm’s practice of rubberstamping obscenely large executive compensation packages at thousands of U.S. corporations.

    • Privatizing America’s Public Land

      It goes without saying that in a democracy everyone is entitled to his or her own opinions. The trouble starts when people think they are also entitled to their own facts.

      Away out West, on the hundreds of millions of acres of public lands that most Americans take for granted (if they are aware of them at all), the trouble is deep, widespread, and won’t soon go away. Last winter’s armed take-over and 41-day occupation of Malheur National Wildlife Refuge in southeastern Oregon is a case in point. It was carried out by people who, if they hadn’t been white and dressed as cowboys, might have been called “terrorists” and treated as such. Their interpretation of the history of western lands and of the judicial basis for federal land ownership — or at least that of their leaders, since they weren’t exactly a band of intellectuals — was only loosely linked to reality.

      At least some of them took inspiration from the notion that Jesus Christ wrote the Constitution (which would be news to the Deists, like James Madison, who were its actual authors) and that it prohibits federal ownership of any land excepting administrative sites within the United States — a contention that more than two centuries of American jurisprudence has emphatically repudiated.

  • AstroTurf/Lobbying/Politics

    • Chomsky: Today’s Republican Party is a Candidate for Most Dangerous Organization in Human History

      We speak with world-renowned political dissident Noam Chomsky about the Republican party, the rightward shift in U.S. politics and the 2016 election. “If we were honest, we would say something that sounds utterly shocking and no doubt will be taken out of context and lead to hysteria on the part of the usual suspects,” Chomsky says, “but the fact of the matter is that today’s Republican Party qualify as candidates for the most dangerous organization in human history. Literally.”

    • This Man Can’t Vote Today Because Kentucky’s GOP Governor Reversed A Major Voting Rights Victory

      “Seeing the struggle of those folks to vote, I was reminded of my dilemma and not being able to vote,” he said, referring to the film and the movement that led to the Voting Rights Act of 1965.

      Malone is one of more than 140,000 Kentuckians who are permanently disenfranchised because of felony convictions. The commonwealth is one of three states with the strictest felon disenfranchisement laws. Just over five percent of Kentucky’s voting-age population cannot vote because of a felony convictions, but for African Americans, that number is 16.7 percent.

    • Top Aide Explains Why Sanders is Fighting the Good Fight
    • Sanders Urges Democrat Leaders to Welcome ‘Real’ Fighters for Change

      ‘The Democratic Party has a choice,’ says senator. ‘It can open its doors and welcome into the party people who are prepared to fight for real economic and social change… Or the party can choose to maintain its status quo structure.’

    • Bernie Sanders Looks for High Turnout to Fuel Kentucky, Oregon Upsets

      “Needless to say, what I hope we’ll be seeing is a very large voter turnout,” Democratic presidential contender Bernie Sanders told an Oregon newspaper over the weekend ahead of the state’s closed primary on Tuesday.

      It seems the Vermont senator may get his wish, with Oregon Secretary of State Jeanne Atkins saying Monday that voters are on track to cast more than one million votes in a primary election for only the second time in state history. The first time, according to The Oregonian, was in 2008 and “was driven most acutely by Obama-crazed voters wanting a say in the Hillary Clinton-Barack Obama primary show-down.”

    • Live Blog: Both Parties Hold Oregon Primaries, Democrats in Close Race in Kentucky
    • Hillary and the Corporate Elite

      “Mainstream” U.S. media is struck by the “strange bedfellows” phenomenon whereby a number of right wing foreign policy neoconservatives and top business elites – including at least one of the notorious hard right-wing Koch brothers – are lining up with Democrat Hillary Clinton against the Republican Donald Trump in the U.S. presidential race. But what’s so strange about it? Trump is off the elite capitalist and imperial leash. He channels some nasty things that have long been part of the Republican Party playbook: frustrated white nationalism, racism, nativism, and male chauvinism.

      At the same time, however, he often sounds remarkably populist in ways that white working class voters appreciate. He has been critical of things that elite Republicans (and elite corporate Democrats) hold dear, including corporate globalization, “free trade’ (investor rights) deals, global capital mobility, cheap labor immigration. He questions imperialist adventures like the invasion of Iraq, the bombing of Libya, the destabilization of Syria, and the provocation of Russia. He’s a largely self-funded lone wolf and wild card who cannot be counted to reliably make policy in accord with the nation’s unelected and interrelated dictatorships of money and empire. And he’s seizing the nomination of a political organization that may have ceased to be a functioning national political party.

    • The Conservatives Will Be Protected From Their Election Fraud

      It is hard to think of bigger news than that the Electoral Commission is taking the governing party to court over alleged fraud in its election accounts, with possible disqualifications that could cost the government its majority. Yet the issue has received remarkably little coverage apart from the very dogged work of Channel 4 News. Why is that?

      There are a number of reasons. The first is that the media has a major pro-Tory bias and minimises bad news for the Tories as a matter of course. The most remarkable example of this is the continual playing down of divisions within the Conservative Party over Europe, which run to extreme levels of personal hatred and abuse. But you do not see that hatred and abuse reflected, whereas divisions within the Labour Party are reported daily in extreme detail.

      If you doubt what I say, consider the fact that it is quite openly acknowledged that, under pressure from No.10, the media are organising the televised debates for the EU referendum so that Conservatives are never seen to be debating each other. That is the most extraordinary piece of media connivance, and even entails the media excluding the official Leave campaign from at least one national debate. What is deeply worrying is that the UK has become a country where nobody is surprised or concerned at this kind of blatant state propaganda manipulation.

    • The Mainstream Media and Its Discontents

      Throughout the 2016 primary elections season to date, the “mainstream media,” both “liberal” and “conservative,” along with the establishments of both the Republican and Democratic parties, have been desperately working — at times in a state of barely-concealed panic — to contain, divert, coopt and otherwise neutralize a tsunami of discontent among the “uneducated,” “working class” masses, many of whom are “stubbornly” refusing to cooperate with the extremely expensive simulation of democracy that the corporate plutocracy is forced to stage for us every four years.

      These “discontents” have already handed the Republican presidential nomination to Donald Trump, a buffoonish billionaire real estate mogul whose incoherent demagogic ramblings make George W. Bush sound articulate in comparison, and are “childishly” dragging out the coronation of Democrat Hillary Clinton by continuing to vote for a 74-year-old self-proclaimed “socialist” who has had the audacity to talk about Clinton’s shady ties to Wall Street, and the rest of the transnational corporate elite that more or less rules the world at this point, and things like that.

    • British PM Cameron’s tiff with Trump over Muslims: The Hypocrisy Factor

      When Donald Trump announced his monstrous and yet daffy plan to exlude Muslims from the United States (what with being, himself, both monstrous and yet daffy), British Prime Minister David Cameron called him out. The plan, he said, is “divisive, stupid and wrong.”

      Trump gave an interview with Piers Morgan on British TV on Monday in which he threatened the United Kingdom with retaliation.

      [...]

      But what shouldn’t be lost in all this is that Cameron himself hasn’t exactly been good on Muslim issues in the UK. He’s been supercilious, condescending, and tone deaf. And he’s made some stupid and divisive proposals, as well.

    • More Mexican Immigrants Are Returning to Mexico Than Coming to the U.S.

      If you listen to Donald Trump and his legions of supporters—a task you undertake at your own peril—you will inevitably hear about hordes of invading Mexicans arriving in the United States daily, and the border wall the billionaire presidential candidate has proposed to keep them out. Variously described by Trump as a “gorgeous wall,” a “great, great wall,” and the “greatest wall that you’ve ever seen,” this magnificent would-be eighth wonder of the modern world has become a cornerstone of the GOP presidential contender’s campaign, a majestic concrete testament to America’s renewed Trumpian greatness.

    • The BBC White Paper show

      The run up to last week’s government white paper was filled with scare stories about a war against the BBC. The final document could scarcely have been more pleasing for the corporation.

    • Poll: Trump Closing in on Clinton, as Sanders Remains Formidable

      Donald Trump has reduced Hillary Clinton’s national lead to just three points—down from five last week—underscoring the grim prospects of the presidential election, a new poll released on Tuesday reveals.

      The NBC News/SurveyMonkey poll finds that Clinton now leads Trump nationally 48 to 45 percent, an unsettling development as the candidates enter their final stretch of primaries, two of which are taking place Tuesday in Kentucky and Oregon. Last week, Clinton and Trump were found to be in a dead heat in three swing states.

    • Poll: Trump narrows Clinton’s lead nationally to 3 points

      In the Democratic primary, Clinton leads Sanders nationally by 14 points, 54 percent to 40 percent. But it’s the Vermont senator who beats Trump in a hypothetical head-to-head by a wider margin, 53 percent to 41 percent.

    • Establishment Democrats and the Next March of Folly

      The March of Folly Defined: In 1984, Barbara W. Tuchman wrote the much acclaimed book, The March of Folly: From Troy to Vietnam in which she documented four cases where governments pursued policies contrary to their own interests, despite the availability of feasible alternatives, and despite evidence that the chosen courses of action would have devastating consequences.

      Still Marching Toward Folly: Since 1984 we have piled up a lot more marches of folly – the Iraqi invasion and regime change in general; the deregulation of banking leading to the Great Recession of 2008; an anti-terrorist strategy that generates more terrorists; an energy policy that advocated an “all of the above energy strategy” and discounted the threat of climate change; and a trade and tax policy that shifted wealth to the very few at the expense of the many, to name a few. (Extra credit question – which Democratic presidential candidate supported all of these follies)?

    • Donald Trump’s Trick Spokesperson Play

      The mystery of whether Trump masqueraded as his own spokesman while owner of the New Jersey Generals endures.

  • Censorship/Free Speech

  • Privacy/Surveillance

  • Civil Rights/Policing

    • Teacher fired from Christian school after reporting shocking rape of her daughter

      A former teacher at a private Christian Science high school in St. Louis claims she was fired from her job as part of a cover-up after reporting to police that her underage daughter had been sexually assaulted multiple times by a school employee.

    • CIA ‘Mistakenly’ Destroys Torture Report
    • Appeals Court Declines to Release Full ‘Senate Torture Report’

      The D.C Circuit Court today ruled against releasing the entire contents of the so-called “Senate torture report,” which describes the Central Intelligence Agency’s controversial post-9/11 interrogation and detention program.

      A three-judge panel decided unanimously to deny a lawsuit brought by the American Civil Liberties Union under the Freedom of Information Act requesting release of the 6,000-plus page investigative report by the Senate Select Committee on Intelligence.

    • CIA Watchdog “Mistakenly” Destroys Its Sole Copy of Senate Torture Report

      The years-long battle to force the Obama administration to release the nearly-7,000-page Senate Intelligence Committee’s report detailing the CIA’s post-9/11 torture program just took an absurd new turn.

      According to exclusive reporting from Yahoo News correspondent Michael Isikoff, the CIA inspector general’s office says it “mistakenly” destroyed its sole copy of the mass document “at the same time lawyers for the Justice Department were assuring a federal judge that copies of the document were being preserved.”

    • Senate report on CIA torture is one step closer to disappearing

      The CIA inspector general’s office — the spy agency’s internal watchdog — has acknowledged it “mistakenly” destroyed its only copy of a mammoth Senate torture report at the same time lawyers for the Justice Department were assuring a federal judge that copies of the document were being preserved, Yahoo News has learned.

      While another copy of the report exists elsewhere at the CIA, the erasure of the controversial document by the office charged with policing agency conduct has alarmed the U.S. senator who oversaw the torture investigation and reignited a behind-the-scenes battle over whether the full unabridged report should ever be released, according to multiple intelligence community sources familiar with the incident.

    • Leaked NSA newsletter says working at Guantanamo Bay is fun and awesome

      There’s little to laugh about in the 166 documents from Edward Snowden’s treasure trove of NSA leaks The Intercept released to the public on Monday. As one might imagine, there’s a lot in there about how our government knowingly committed horrific human rights abuses and violated international law. But connoisseurs of the absurd could do worse than to read the leaked NSA newsletter from 2003 that made working at Guantanamo Bay sound like a fun Caribbean vacation. SCUBA diving and torture: Two great tastes that taste great together?

    • Kidnapped and coerced: this is Liliana’s story

      Many women who end up transporting drugs are co-opted by networks that use similar methods to those employed in human trafficking crimes. That is what happened to Liliana, a Venezuelan woman with two children who agreed to transport drugs under the threat that her family would be harmed if she refused. She is incarcerated at an Argentine federal prison and her children remain in Venezuela.

    • Red Hat is the Winner of Mintigo’s Data Super Hero Award

      Iran has arrested eight people working for online modelling agencies deemed to be “un-Islamic”, the prosecutor of Tehran’s cybercrimes court has said.

      The arrests are part of an operation that has seen women targeted for posting photos showing them not wearing headscarves on Instagram and elsewhere.

      Women in Iran have been required to cover their hair in public since 1979.

      The eight unnamed people were among 170 identified by investigators as being involved in modelling online.

      They included 59 photographers and make-up artists, 58 models and 51 fashion salon managers and designers, according to a statement from the court.

    • Indefinite prison for suspect who won’t decrypt hard drives, feds say

      US federal prosecutors urged a federal appeals court late Monday to keep a child-porn suspect behind bars—where he already has been for seven months—until he unlocks two hard drives that the government claims contain kid smut.

      The suspect, a Philadelphia police sergeant relieved of his duties, has refused to unlock two hard drives and has been in jail ever since a judge’s order seven months ago—and after being found in contempt of court. The defendant can remain locked up until a judge lifts the contempt order.

    • Michael Ratner, Champion for Human Rights

      Michael Ratner, who died last week, was a champion on behalf of the world’s oppressed, giving the phrase “human rights” real meaning and defying its current propaganda application to justify endless war, as Marjorie Cohn explained at Truthdig.

    • In Sweden, Children are Citizens… Not Overheads

      We all know about the obvious examples of Swedish social democracy in relation to kids, such as the generous parental leave and the subsidized daycare. Loved or hated, these aspects are almost always discussed (at least in popular terms) in relation to the parents and how they enable successful careers or boost the economy. Rarely, however, do we think of how these programs send a long-term message to children that they are valuable members of society who, at this precise moment in time, simply cannot fend for themselves. So, the state steps in to make sure that their rights and well-being are respected, just as the rights and well-being of their larger fellow citizens are respected.

    • Left Cover for Hoffa? The Rise and Fall of a Model Teamsters Local

      After Hoffa was jailed in 1967 for jury tampering, attempted bribery, and fraud, he left Frank Fitzsimmons in charge of the IBT. Gibbons did not fare well under Fitz, as he was known. To Gibbons’ credit, he was an outspoken opponent of the Vietnam War and played a key role in Labor for Peace, hosting its founding conference in St. Louis. He even joined a trade union delegation to Hanoi during the war, met with top North Vietnamese officials, and conducted Washington briefings on his trip when he returned.

    • What does the newly announced Euro 2016 team tell us about the state of multicultural England?

      The backpages will be full of hopeful optimism after the announcement of England’s provisional squad for Euro 2016. A squad full to bursting with youthful promise, it is the England fan’s lot to believe for 50 years it can never be as bad as the last time, but never as good as the first and only time either.

    • African American Unemployment, Hillary Clinton and Political Insanity!

      In reality, the black unemployment rate topped out at 30…

    • France erupts in defiance of employer-friendly labour reforms

      France is continuously rocked by debates around the meaning of the Enlightenment ideals of liberty, equality and solidarity that predate the French Revolution.

      Some important notions are widely shared. Most French citizens expect governments to meet the basic needs of all and promote individual expansion of talents and abilities.

      It is generally agreed France should offer educational, cultural and recreational facilities to every child.

      How the Enlightenment ideals should apply in the workplace is a matter of fierce dispute.

      Unlike Canada, the U.K. or the U.S., France has not consistently favoured employers over labour.

    • ‘An Entire Neighborhood Was Defamed’

      Few events have gone from fact to fable as quickly and decisively as that of the 1964 killing of Kitty Genovese. For decades we’ve heard references to the poor young woman stabbed again and again on a New York City street while some 38 people—Genovese’s neighbors—watched from their windows without making a move to help. In some tellings, some of them pulled up chairs for a better view. But in all tellings, the community’s apathy was the reason for Genovese’s death, almost as much as her killer, Winston Moseley, whose death in prison last month brought the story briefly back into the headlines.

    • Women and Children First: Homeland Security Targets “Family Units” for Deportation in May and June

      After January’s raids that tore teens from their families and plucked them off buses on their way to school, the Department of Homeland Security (DHS) is about to embark on a renewed quest to arrest and deport Central Americans who applied for refugee status in the United States in the summer of 2014. According to sources reported by Reuters on May 12, 2016 and confirmed by DHS a day later, the agency is sending Immigration and Customs Enforcement (ICE) agents out on a second wave of raids against immigrants, this time with the specific aim of apprehending and imprisoning Central American women and their children, or “family units”, and unaccompanied minors.

    • Iran Arrests Models Over Instagrams Without Headscarves, Alleges Kim Kardashian Is A Secret Agent

      In a crackdown on “un-Islamic dress,” Iranian authorities arrested eight individuals involved in Instagrams of women without headscarves. A former model was also questioned by the authorities on live state television as part of the operation which “targets Iran’s fashion elite for their use of social media.”

      Prosecutor Javad Babei made the arrests public on TV, saying the operation was zeroing in on “threats to morality and the foundation of family.” A total of 29 people were notified about their allegedly problematic social media presence, but most had modified that behavior and, as a result, “did not face any judicial action,” Babei said. According to the BBC, the eight people who were arrested were among 170 identified by investigators as “being involved in modeling online”; in their ranks were 59 photographers and make-up artists, 58 models and 51 fashion salon managers and designers.

    • Private Groups, Not Government, Lead the Charge on Prison Issues

      The ethics panel of the American Institute of Architects (AIA) is considering prohibiting members from designing “execution chambers and spaces intended for torture or cruel, inhuman, or degrading treatment.”

      Although no final decision has been announced, the proposal has been lauded by Architects/Designers/Planners for Social Responsibility (ADPSR), an architectural ethics and human rights group, as a huge leap forward on human rights,

      A ban would reverse the AIA’s position from 2014, when it rejected a similar proposal, and put it in line with other professional groups’ decisions related to human rights.

      The American Pharmacists Association and the International Academy of Compounding Pharmacists, for instance, voted last year to prohibit members from “providing medical drugs to be used for executions.”

      More dramatically, pharmaceutical giant Pfizer announced Friday that it would ban the sale of drugs that could be used in executions, and the American Psychological Association (APA) recently voted to prohibit member psychologists from participating in national security interrogations. The United Nations has declared the practice of solitary confinement in the United States a form of torture.

    • For Second Year in a Row, HPSCI Tries to Gut PCLOB

      As I reported, during the passage of Intelligence Authorization last year (which ultimately got put through on the Omnibus bill, making it impossible for people to vote against), Congress implemented Intelligence Community wishes by undercutting PCLOB authority in two ways: prohibiting PCLOB from reviewing covert activities, and stripping an oversight role for PCLOB that had been passed in all versions of CISA.

    • Make America Less Smart Again! We Know Words! Obama Is A Joke! Sad!

      Oh man. We can’t even. So Obama gave a commencement speech at Rutgers where he actually praised “Facts. Evidence. Reason. Logic. An understanding of science,” claiming, “These are good things. These are qualities you want in people making policy. These are qualities you want to continue to cultivate in yourselves as citizens.” He went on, “So class of 2016, let me be as clear as I can be: in politics and in life, ignorance is not a virtue. It’s not cool to not know what you’re talking about. That’s not keeping it real or telling it like it is. That’s not challenging political correctness, that’s just not knowing what you’re talking about.”

    • France Rises Up Against Anti-Labor Reforms

      Union members joined pro-democracy activists in widespread protests against new law that makes it easier to fire workers and move jobs offshore

    • Donald Trump faces June deposition in restaurant lawsuit

      Expected Republican presidential nominee Donald Trump appears likely to be forced off the campaign trail in June to be deposed under oath in at least one of two lawsuits he filed after prominent chefs backed away from plans to open restaurants at the luxury Trump International Hotel under development in Washington.

      A D.C. Superior Court judge approved a plan Tuesday to briefly extend court deadlines to allow Trump to give testimony June 16 in the case Trump’s development company filed against a firm set up by restaurateur Geoffrey Zakarian to open a dining establishment called “The National.”

  • Internet Policy/Net Neutrality

    • Cable Lobbying Group Claims More Competition Would Hurt Consumers

      The FCC recently voted 4-1 to approve Charter’s $79 billion acquisition of Time Warner Cable and Bright House Networks. The agency just released its full order (pdf) pertaining to the deal, outlining the various conditions the FCC hopes to enforce to keep Charter from simply becoming another Comcast. Among them are a seven-year ban on usage caps, a seven-year ban on charging for direct interconnection (the heart of the telecom industry’s battle with Netflix last year), and a ban on any attempt to pressure broadcasters into refusing deals with streaming video providers.

      [...]

      If history is any indication the ACA really doesn’t need to worry all that much. Traditionally in telecom, FCC conditions requiring that an ISP “expand to X number of additional homes” are usually conditions that the merging companies volunteer themselves. Why? It’s most frequently because that expansion either already happened (and the paperwork hasn’t been filed yet) — or was slated to happen as a matter of course. Or it may not happen at all; such expansion promises are usually never really independently audited by the FCC, which lets companies string the FCC along with an endless flood of expansion promises that more often than not aren’t even real.

      In other words, the ACA’s decision to insult the intelligence of an already annoyed customer base by pretending competition would be bad for them — only adds insult to injury. Instead of whining about competition, how about just competing? Better yet, how about competing with Charter using a strange, outdated idea known as better customer service?

    • La Quadrature du Net leaves the state of emergency

      When faced with a wall, you need to know when to stop banging your head against it. After years of legal violence, defeats and steady erosion of fundamental rights, and confronted with an elected political body whose only logic is to reinforce the security apparatus, La Quadrature du Net has decided to stop wasting time trying to appeal to the reason of those who won’t listen, and is now taking a new direction for its actions.

    • Add Philadelphia To The Long List Of Cities That Think Verizon Ripped Them Off On Fiber Promises

      Verizon’s modus operandi has been fairly well established by now: convince state or local leaders to dole out millions in tax breaks and subsidies — in exchange for fiber that’s either only partially delivered, or not delivered at all. Given this story has repeated itself in New Jersey, Massachusetts, New York City and countless other locations, there’s now a parade of communities asking somebody, anybody, to actually hold Verizon’s feet to the fire. Given Verizon’s political power (especially on the state level) those calls go unheeded, with Verizon lawyers consistently able to wiggle around attempts to hold the telco to account.

  • Intellectual Monopolies

    • Extra-Territorial Application of the Defend Trade Secrets Act

      The Economic Espionage Act (EEA) includes a provision regarding its “applicability to conduct outside the United States.” 18 U.S.C. § 1837. Section 1837 was left unchanged with DTSA’s amendments to EEA, but seemingly applies to the new private civil cause of action for trade secret misappropriation. The provision offers important insight on how the new cause of action can be applied in the foreign context. Most importantly, a (1) U.S. corporation or citizen can be held liable for trade secret misappropriation under the DTSA regardless of whether the misappropriation occurred abroad; and (2) an entity can be held liable under the DTSA for foreign misappropriation if “an act in furtherance of the offense was committed in the United States.”

    • Alibaba membership of IACC suspended amid turmoil

      The International AntiCounterfeiting Coalition (IACC) board of directors sent a letter to members on May 13 saying it would like to address an anonymous letter that has been recently circulated that expressed concerns about the IACC President Bob Barchiesi, and the organisation’s operations and governance.

    • Trademarks

      • Earnhardt Family Fighting Over Whether One Earnhardt Son Can Use His Own Last Name

        You may not be aware of this, but apparently Teresa Earnhardt, widow of Dale Earnhardt Sr., the NASCAR driver who died mid-race in 2001, is a staunch protector of her deceased husband’s name. I was one of those not aware of this, primarily because NASCAR is every bit as foreign to me as curling (hi, Canadians!). Her latest attempt to block the use of the Earnardt name is particularly interesting, since those she is opposing are her dead husband’s son and his son’s wife.

        [...]

        It’s also a strain to understand how much confusion is going to be caused by Kerry using his last name for a home and furniture business. Teresa’s filing attempts to assert that there will be plenty, but the USPTO didn’t buy it.

      • “Simply” invalid: French trade mark win for M&S in the Tribunal de Grande Instance de Paris

        M&S responded that there was no likelihood of confusion, and counterclaimed for invalidity of both trade marks, and requested that both trade marks be revoked for lack of use.

      • Belmora seeks en banc reconsideration in Flanax trade mark case

        In March, the Fourth Circuit reversed the Eastern District of Virginia’s dismissal for lack of standing and found that use of the Flanax mark is not a prerequisite to sue for unfair competition or false advertising under Section 43(a) of the Lanham Act or for cancellation under Section 14(3). The case was remanded to the district court.

    • Copyrights

Endless Harmonious Self-Congratulatory Praises From Self-Serving Law Firms in the Wake of Just One Pro-Software Patents Decision From CAFC

Posted in Courtroom, Microsoft, Patents at 10:50 am by Dr. Roy Schestowitz

Many loudspeakersMaybe if it’s repeated often enough and shouted from the mountains/rooftops with a megaphone they’ll manage to impose their selfish (greedy) will on the system

Summary: The court that brought software patents to the United States has defended a software patent and patent lawyers want us to believe that this is an historic game-changing decision (potentially to be appealed by Microsoft, if Microsoft actually wanted to fight software patents)

THE corporate media continues to be heavily besieged by patent lawyers and their interests. Nobody seems to be seeking the views of software developers/programmers. It’s almost as though they do not exist in (or to) the media.

Last week a decision was covered by the media (context in this previous post about the decision). It’s a decision which involved a software patents. The only reason it got so much press coverage is that it was in favour of software patents and cherry-pickers were quick to take advantage.

“It’s all just agenda or marketing disguised as “advice” or “news”. Such is the nature of much of the media nowadays.”Kevin Cukierski and James P. Muraff from Neal, Gerber & Eisenberg LLP went on lobbying for software patents in guise of ‘reporting’, other patent lawyers’ sites continued to emphasise mostly pro-software patents decisions (the minority of the whole), there was more bias by omission in lawyers’ blogs, and so on. More push-polling on the subject, more selective quotes that neglect to speak to a single software developer and so on are just what we’ve become growingly accustomed to. An article by Michael Hussey and Marc V. Richards from Brinks Gilson & Lione went as far as claiming that “The Post-Alice Pendulum Swings Backs” (nope, it’s not the Supreme Court deciding here but a notoriously biased and corruptible court). In the news we have now spotted literally dozens of such pieces and virtually all are composed by law firms, not journalists, not software professionals, not judges. Legal firms of patent lawyers pretend Alice as a precedent matters no more or has “growing backlash”, whatever that means (it’s not like there are protests in the streets). Michael Borella from McDonnell Boehnen Hulbert & Berghoff LLP would have us believe that it’s game over and it’s more of the same at the same site where Knobbe Martens (Olson & Bear LLP) celebrates software patents and even says “Good News” in a headline about “Federal Circuit’s Enfish Decision and PTO Guidelines Should Give Hope to Patentees” (what about patentees who are constantly being sued by rivals over software patents and thus file for defensive purposes?).

When will we, for a change, see unbiased reporting on such matters? It’s all just agenda or marketing disguised as “advice” or “news”. Such is the nature of much of the media nowadays.

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