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11.16.16

Amid Scapegoating, Union-Shaming and Gagging by Battistelli, SUEPO’s Prunier Provides More Details on Union Busting at the EPO

Posted in Europe, Patents at 7:26 pm by Dr. Roy Schestowitz

The naked emperor continues to show his true colours

Naked Trump

Summary: The authoritarian boss of the EPO, who tried to prevent his victims from speaking out about how they had been abused by him (using revocation of their pension as a threat), causes even greater anger within the Office, stirring up fresh conversations about how to remove him

THE EPO has gotten so bad that we’ve lost sight of the USPTO. The EPO is now an international scandal and we have begun approaching the world’s leading media, which ought to cover it like it covered FIFA, VW (Dieselgate), and so on.

In response to defamatory union-shaming by Battistelli (echoing/mirroring what he so stridently did to a judge) and some utterly tasteless comment from an anonymous coward, Prunier has just published another comment to clarify the following points:

As the person directly concerned, I am responding to anonymous who posted on Sunday, 13 November 2016 at 07:30:00 GMT

1) I deny having ever harassed or defamed anyone (nor have my other fellow staff reps or SUEPO officials unfairly sanctioned or to be sanctioned, since several are still targeted).

2) The alleged victim did NOT file a complaint against me. The person who filed it was a very close associate (and protégée) of Mr Battistelli.

3) The staff representatives in the Disciplinary Committee have not found that I was guilty of harassment. That finding was 3:2, only by management side.

It is therefore quite inappropriate for you to hide behind anonymity to give credit to Battistelli’s smear campaign without being in possession of any relevant information.

The easiest solution for the public to assess the truth vs. story-telling, is for Mr Battistelli to lift the confidentiality he imposes on me and I will gladly publish all the documents.

Other new comments rightly express worry that nothing can stop Battistelli because the system is broken, partly because he himself broke it. One person wrote:

How does a “President of the Boards of Appeal” fit this paragraph of Article 10 EPC?

Uneasily I would say.

The fact is that the position of the “President of the Boards of Appeal” doesn’t exist under the terms of the primary law of the EPC.

It has been created under secondary legislation at the level of the Implementing Regulations.

In CA/D 6/16 the Admin Council decreed that Rule 12 should be replaced by the following new Rules 12a, b, c and d:
Rule 12a – Organisation and management of the Boards of Appeal Unit and President of the Boards of Appeal
Rule 12b – Presidium of the Boards of Appeal and business distribution scheme for the Boards of Appeal
Rule 12c – Boards of Appeal Committee and procedure for adoption of the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal
Rule 12d – Appointment and re-appointment of the members, including the Chairmen, of the Boards of Appeal and of the Enlarged Board of Appeal

These new Rules entered into force on 1 July 2016.
They still don’t appear to have been published in the official online version of the Implementing Regulations.

But who cares about such fine points of detail nowadays … ????

Another person wrote:

“Battistelli is not doing what the Council wants. I asked what the Council can do and apparently the Council cannot do much because of the 3/4 of the votes clause. I said Battistelli just needs 10 countries to stay forever and follow his plans and nobody raised a credible objection. …
So let us imagine that Battistelli stays another few years to continue his plans. The Council cannot do much because of this blocking minority. What would the effect be? What would the European Patent system look like in, say, 2 to 4 years?”

Not so simple.

Without a 3/4 majority Batty cannot be replaced and can sit tight.

However, as shown in October a simple majority (i.e. 50%+) would suffice to prevent him from “following his plans”.
Thus, if a simple majority of the states decided to oppose him they could block any further action on his part.

Such a scenario would result in a stalemate situation rather than BB simply continuing his plans.

He would continue to sit on his throne but wouldn’t be able to enact any further “reforms”.

Not sure if we are heading in that direction but it is one possibility.

“I guess that the money the the European Patent Office funnels into the National Patent Offices is enough a reason to keep the ministers shut,” the following comment said; it resembles the hypothesis that delegates have their votes 'bought' by Battistelli. Here is what the comment said:

“He would continue to sit on his throne but wouldn’t be able to enact any further “reforms”.

No further “reforms” certainly, but he still would be able to fire people at will to put the AC under pressure and in an embarrassing situation – as it did with Prunier when the AC denied him the last “reforms” he had submitted.

It’s absolutely incomprehensible that no single European minister responsible for IP is intervening in a situation like this when the president of an international organization that is supposed to be under their control is totally going rogue …

I guess that the money the the European Patent Office funnels into the National Patent Offices is enough a reason to keep the ministers shut …

Disgusting.

In the coming days or weeks we are going to leak yet more documents and we are going to share some of them with leading journalists. It’s time for the whole world to see what happened to the EPO under the leadership of this naked emperor. As always, more leaks are very much welcome and encouraged, at the very least to help Battistelli with his goal of “transparency” (with which comes accountability).

Don’t Believe the Lies; Microsoft Hates Linux and Merely Pulls E.E.E. Tactics Against It, Including .NET Promotion

Posted in Deception, GNU/Linux, Microsoft at 6:58 pm by Dr. Roy Schestowitz

Making GNU/Linux work the ‘Microsoft way’ so as to give Microsoft greater control

‘We had some painful experiences with C and C++, and when Microsoft came out with .NET, we said, “Yes! That is what we want.”‘

Miguel de Icaza, now Microsoft employee

Summary: A warning about lots of prepared (in advance) Microsoft brainwash, or intentionally misleading material that strives to portray Microsoft as a friend of GNU/Linux even though the company actively attacks GNU/Linux and tries to bring the competitor under its own control

WHILE we prefer to focus on the EPO and the US patent system’s software patents (the USPTO still grants them, but courts barely tolerate these), something happened today which we cannot simply brush off and ignore.

“It’s all about proprietary software. There’s nothing to celebrate here.”If one believes the lie, Microsoft now “loves Linux” and has officially joined the Linux Foundation. I have already responded to that over at Tux Machines where I also included many dozens of links to today’s nonsense (reproduced below), which was virtually everywhere. Remember these were quietly prepared in coordination with Microsoft/Linux Foundation before the announcements were actually made. It’s a well-orchestrated PR blitz that came out within an hour or two, reaching a lot of news channels simultaneously and drowning out opposition/scepticism. Almost all the links are there, except newer ones that we’ve found since, e.g. [1, 2] (it is a multi-faceted E.E.E. move that serves to also impose .NET and proprietary SQL Server on more users). There are reactions on the Web from pro-GNU/Linux people who are not so easily fooled or mesmorised by the torrent of Microsoft propaganda, delivered primarily by Microsoft-friendly writers who got groomed and prepared for it at least a day in advance (one writer accidentally published his article half a day too early and quickly took it down, he told us). There is relevance to patents, as one Red Hat employee put it: “I do wonder what #Microsoft joining #Linux foundation means wrt to those 250+ patents #Microsoft licenses to #Android OEMs.”

Compare that to optimism from those who got paid to write Microsoft-friendly puff pieces in a Windows site lately. No doubt there will be a lot more puff pieces about it in the coming days, maybe also some editorials critical of the move (I got approached for comments).

It is not a “love affair” but an attack on GNU/Linux, a classic E.E.E. move. It is imposing .NET on us, too. It’s all about proprietary software. There’s nothing to celebrate here. It’s not a victory for the Linux Foundation but a defeat; they finally sold out as Microsoft bought them off for just half a million dollars (slush funds to Microsoft).

Related/contextual items from the news:

  1. Microsoft Steps Up Its Commitment to Open Source

    Today The Linux Foundation is announcing that we’ve welcomed Microsoft as a Platinum member. I’m honored to join Scott Guthrie, executive VP of Microsoft’s Cloud and Enterprise Group, at the Connect(); developer event in New York and expect to be able to talk more in the coming months about how we’ll intensify our work together for the benefit of the open source community at large.

  2. Microsoft Joins The Linux Foundation As A Platinum Member
  3. Microsoft’s Linux love affair leads it to join The Linux Foundation

    No, this isn’t The Onion and it’s not April Fool’s Day. Microsoft has joined The Linux Foundation.

    Microsoft announced that it was joining forces with The Linux Foundation at the Microsoft Connect developer event in New York.

  4. Microsoft announces the next version SQL Server for Windows and Linux
  5. Microsoft joins The Linux Foundation as a Platinum member
  6. Microsoft joins the Linux Foundation
  7. Microsoft—yes, Microsoft—joins the Linux Foundation
  8. THE END TIMES ARE HERE: Microsoft embraces Google, Apple, Samsung and even Linux in one go
  9. Microsoft’s open source love fest continues as it joins Linux Foundation
  10. Microsoft Goes Linux Platinum, Welcomes Google To .NET Foundation
  11. Microsoft joins Linux Foundation in another nod to open-source code
  12. Microsoft Is Joining the Linux Foundation
  13. Microsoft Joins Linux Foundation
  14. Microsoft joins Linux Foundation in another step toward greater openness
  15. Microsoft joins the Linux Foundation, 15 years after Ballmer called it ‘cancer’
  16. Microsoft joins the Linux Foundation as a Platinum member, Google joins .Net community
  17. Microsoft is now a Linux Foundation Platinum Member
  18. That’s an expensive Linux install! Microsoft gives the Linux foundation $550000
  19. Microsoft joins the Linux Foundation because 2016 isn’t weird enough already
  20. Microsoft just got its Linux Foundation platinum card, becomes top level member
  21. 4 no-bull takeaways from Microsoft joining the Linux Foundation
  22. Microsoft announces the public preview of the next release of SQL Server on Linux and Windows
  23. Microsoft Joins Linux Foundation, Google Joins .NET Community
  24. Microsoft just joined the Linux Foundation as a Platinum member
  25. Linux has won, Microsoft joins the Linux Foundation
  26. Microsoft is joining the Linux foundation as a platinum member
  27. Microsoft joins Linux Foundation, Google added to .NET community
  28. Microsoft seeks to grow Azure platform with products, partnerships
  29. Microsoft Joins Linux Foundation As Platinum Member
  30. Microsoft Fortifies Commitment to Open Source, Becomes Linux Foundation Platinum Member
  31. Microsoft contributes to open ecosystem by joining Linux Foundation and welcoming Google to the .NET community
  32. Linux Academy Partners with Microsoft Visual Studio Dev Essentials Program
  33. Microsoft Joins the Linux Foundation as the World Remains the Right Side Up
  34. Hell freezes over as Microsoft joins the Linux Foundation
  35. Microsoft Joins Linux Foundation as a Platinum Member
  36. Microsoft Connect: Visual Studio 2017, SQL Server v.Next for Windows and Linux and More
  37. SQL Server joins the Linux party, new preview comes to Linux and Docker
  38. Microsoft joins The Linux Foundation
  39. Google joins .Net Foundation
  40. Microsoft and Google bury the hatchet in one small way
  41. Google joins Microsoft’s .NET Foundation
  42. Microsoft announces Visual Studio for Mac, preview of the next SQL Server with Linux and Docker support
  43. Microsoft’s SQL Server Next for Linux, Windows hit public preview [Ed: Proprietary software with surveillance is not a gift]
  44. Google signs on to the .NET Foundation as Samsung brings .NET support to Tizen

    Microsoft is hosting its annual Connect(); developer event in New York today. With .NET being at the core of many of its efforts, including on the open-source side, it’s no surprise that the event also featured a few .NET-centric announcements…

  45. Samsung launches Visual Studio Tools for Tizen preview, lets developers build apps with .NET
  46. Microsoft joins the Linux Foundation, welcomes Google to .NET community
  47. Microsoft releases SQL Server Preview for Ubuntu and Red Hat Enterprise Linux
  48. Microsoft says Linux is no longer ‘cancer,’ joining Foundation
  49. Samsung Joins Microsoft .NET, C# Developers to Build Apps for Tizen Devices

The EPO Lowering Patent Quality, Accused of Issuing Invalid Patents, and Promoting Software Patents (Hence Trolls)

Posted in Asia, Europe, Patents at 6:38 pm by Dr. Roy Schestowitz

The future of the EPO is like that of a pipeline/production line, totally drunk on “production” (quantity, not quality)

Very drunk

Summary: The EPO under Battistelli is increasingly just a pipeline of bogus/low-quality patents which fuel patent trolling all around the world and also in Europe (harming the European economy)

THE EPO under Battistelli’s awful leadership gradually becomes more software patents-friendly, whereas the USPTO is moving away from such patents. Such is the nature of the Office under Battistelli, the man who will be remembered as the person who brought down the whole Organisation, severely punishing staff that dared warn about it.

Software patents at the EPO should not be allowed, yet in two counties/continents that forbid these (India also) the EPO keeps promoting these. We have mentioned this many times before, especially last month. Today the EPO did it again and also today an article was published by Tufty The Cat (quite well known in patent circles). “The EPO issues invalid patents too,” said the headline and here is what the body said:

The sole drawing of the patent is shown here on the right. Basically, the patent claims a hairdressing salon in a shipping container (or some other kind of mobile structure) with a window cut into it. This is not, however, even the broadest claim. Claim 9 defines “A mobile structure for a hairdressing salon according to one of claims 1 to 7″. According to the usual EPO interpretation of the word “for”, this would cover any shipping container.

How this application got through the EPO system is at the moment quite beyond me. From a quick review of the prosecution file though, it seems that the examiner was persuaded that adding a window made the invention allowable over US 2006/137188 A1. Just in case anyone has any doubt about whether the invention is novel, let alone inventive, there is prior art in the form of shipping containers repurposed as hair salons such as this article from 11 June 2011 (before the 23 August 2012 priority date of the patent). For further avoidance of doubt, the internet archive wayback machine (which is normally accepted by the EPO as evidence of publication date) confirms that the article was available on 16 June 2011. One of the photographs in the article, shown below, seems to have everything required according to claim 1. Incidentally, the search that led me to this took about five minutes.

The subject of awful patent scope and EPO disregarding the instructions from politicians was discussed in Dutch Parliament yesterday. We have received more information since then and also engaged in a short discussion on the subject with the politician in question. One EPO insider said to us that a “similar debate should simultaneously take place in Germany, Austria and Belgium.”

Speaking of the EPO pushing software patents not only into Europe but potentially India too, see this new article from Jack Ellis at IAM. One patent maximalist said that “Dolby Selects India for Asserting Patents Against Chinese Companies,” but the actual headline is “Dolby is the latest foreign patent owner to select India for asserting against Chinese companies” and it shows a Western company playing a proxy game with patent predators in India (also see IAM’s remarks on this Harman acquisition):

Dolby has reportedly sued Oppo and Vivo in the Delhi High Court, accusing the two Chinese electronics and smartphone manufacturers of failing to pay appropriate royalties for use of its patented technologies. Dolby follows Ericsson in seeking to assert its rights in India, something that may indicate that the jurisdiction is growing in importance from an IP strategy perspective.

BGR India reported on Friday that the Delhi High Court had issued an order relating to cases that the audio technology company had filed against a number of defendants, including Oppo, Vivo and their parent firm BBK Electronics, as well as a number of affiliated local entities. IAM contacted Dolby on this matter, but the company declined to comment.

“Dolby follows Ericsson,” says the above and as we noted last year, Ericsson, a European company, officially brought patent trolls to Europe (to London in fact).

Links 16/11/2016: X.Org Server 1.19, Firefox 50

Posted in News Roundup at 8:27 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

Leftovers

  • Health/Nutrition

    • 75,000 children in Nigeria could starve to death within months, says UN

      In Nigeria, 75,000 children risk dying in “a few months” as hunger grips the country’s ravaged north-east in the wake of the Boko Haram insurgency, the United Nations warned on Tuesday.

      Boko Haram jihadists have laid waste to the impoverished region since taking up arms against the government in 2009, displacing millions and disrupting farming and trade.

      Nigeria’s president, Muhammadu Buhari, has reclaimed territory from the Islamists but the insurgency has taken a brutal toll, with more than 20,000 people dead, 2.6 million displaced, and famine taking root.

      UN humanitarian coordinator Peter Lundberg said the crisis was unfolding at “high speed”.

  • Security

  • Defence/Aggression

    • Donald Trump’s Drone War

      My new book, The Drone Memos, will be published by The New Press today. The Guardian is running a 4000-word slice of the 20,000-word introduction on its website this morning. The introduction is unsparing in its criticism of the Obama administration. I argue that the administration claimed too much power, and that its efforts to shield that power from congressional, judicial, and public review were irresponsible and short-sighted. I blame the administration for normalizing extrajudicial killing and for turning over to the next administration authorities that are breathtakingly broad and not subject to any meaningful constraint that can’t be lifted by a stroke of the next president’s pen.

      I began writing the introduction a year ago and finished it several months ago, when the world looked very different than it does today. I have complicated feelings about the release of the book at this particular historical moment. Obama has been a great president in many ways, and the United States is a stronger, more humane, and more just country now than it was when he took office. If Donald Trump tries to fulfill even a small fraction of his campaign pledges, the next four years will be a true test of our democratic institutions, and I’m sure I’ll look back on the Obama years nostalgically.

  • Environment/Energy/Wildlife/Nature

    • Trump’s Denial of Catastrophic Climate Change Is a Clear Danger

      Donald Trump’s stunning victory has left millions in dread and moved thousands into the streets. Fear has spread among immigrants and Muslims. The 20 million who have received health insurance under Obamacare worry about Trump’s vow to repeal it. The media speculate about what he might do: Will he really tear up the Iran nuclear deal or order the CIA to start torturing people again? But it is Trump’s denial of catastrophic climate change—he has repeatedly said he considers it a “hoax”—and his vow to reverse all of the progress made under President Obama to address it that pose some of the most chilling and potentially irreversible threats.

    • Noam Chomsky: Donald Trump’s election will accelerate global warming and humanity’s ‘race to disaster’

      The renowned American linguist and philosopher Noam Chomsky has warned the US Republican party is now “the most dangerous organisation in world history” because of the denial of climate change by President-elect Donald Trump and other leading figures.

      Following the US elections, Professor Chomsky said it appeared humans planned to answer what he called “the most important question in their history … by accelerating the race to disaster”.

      Mr Trump has already appointed a prominent climate change denier to run his transition team covering the Environmental Protection Agency (EPA), and other advisers include people with close links to the fossil fuel industry.

  • Finance

    • Michael Gove raises question of ‘quickie divorce’ for UK from EU

      Michael Gove, the former cabinet minister and leading Brexit campaigner, has pressed experts on how the UK could achieve a “quickie divorce” with the EU regardless of the economic consequences, as he raised concerns that civil servants were over-complicating the process.

      The ex-justice secretary, who led the Vote Leave campaign with Boris Johnson, questioned why the UK cannot just leave the EU without having settled its future relationship with the bloc after having sorted out “housekeeping” related to outstanding payments.

      Speaking at the newly formed Commons Brexit committee, he said there was a tendency for civil servants to think any problem requires more civil servants and suggested “Occam’s razor” should be applied, implying the simplest solution is the best one.

    • EU-US trade deal “not realistic” under Trump presidency, says Germany

      There is no chance of completing the Transatlantic Trade and Investment Partnership (TTIP) under US president-elect Donald Trump, a senior German official has said.

      “We don’t harbour any hopes of a transatlantic trade deal,” the unnamed official told the Guardian, adding: “That’s not realistic.”

      Along with the UK, Germany has been the main supporter of TTIP in Europe. Now that the UK is set to leave the European Union after June’s Brexit vote, the admission by Germany that TTIP is not going to happen is effectively the death-knell for the deal.

      But the comments are hardly surprising in the wake of the earlier news, reported by Ars, that the US would abandon the similar Trans-Pacific Partnership agreement (TPP). However, Germany’s acknowledgement represents a huge setback for the European Commission, which was still trying to persuade Trump to proceed with TTIP last week.

  • AstroTurf/Lobbying/Politics

    • Google Gets a Seat on the Trump Transition Team

      Google is among the many major corporations whose surrogates are getting key roles on Donald Trump’s transition team.

      Joshua Wright has been put in charge of transition efforts at the influential Federal Trade Commission after pulling off the rare revolving-door quadruple-play, moving from Google-supported academic work to government – as an FTC commissioner – back to the Google gravy train and now back to the government.

    • Was Steve Bannon, Donald Trump’s Attack Dog, Paid Illegally?

      A campaign watchdog group filed a complaint with federal election officials that alleges Stephen Bannon—recently named one of Donald Trump’s top White House advisers—may have gotten paid illegally during Trump’s campaign by pro-Trump billionaires.

      And now, a new set of Federal Election Commission filings that haven’t yet been reported on may give the group’s case some additional heft.

      At issue are payments of nearly $200,000 that a super PAC called Make America Number 1 made to a company tied to Bannon. On Aug. 17, Bannon left his post as chairman of Breitbart News and became the Trump campaign’s CEO. Available FEC filings show the campaign didn’t pay Bannon a salary. Larry Noble, General Counsel for the Campaign Legal Center, said he believes the super PAC covertly paid Bannon for his campaign work through his moviemaking company. Neither the super PAC nor Bannon provided a response to Noble’s comment.

    • GOP rushes to embrace Trump

      Some Republicans acknowledged there had been a sea change since Trump surprised Democrats and some in his own party by defeating Hillary Clinton.

      Republicans on Capitol Hill “are so excited. People are coming up to me, telling me they’ve been with Trump since day one,” Collins explained to reporters.

      “And I kind of look and say, ‘Well, OK, if you say so.’

      “Donald Trump has accomplished for us something no one thought possible. … Everything is red, and we’ve got four solid years to get this right.”

      After winning the GOP nomination to be Speaker for the next two years, Ryan gave yet another shout-out to Trump — the second of the day.

    • How Bannon flattered and coaxed Trump on policies key to the alt-right

      Soon after terrorist attacks killed 130 people in Paris last year, Donald Trump faced sharp criticism for saying the United States had “no choice” but to close down some mosques.

      Two days later, Trump called in to a radio show run by a friendly political operative who offered a suggestion.

      Was it possible, asked the host, Stephen K. Bannon, that Trump hadn’t really meant that mosques should be closed?

      “Were you actually saying, you need a [New York City police] intelligence unit to get a network of informants?” Bannon asked. He continued: “I guess what I’m saying is, you’re not prepared to allow an enemy within . . . to try to tear down this country?”

    • Let Them Eat Facts: Why Fact Checking Is Mostly Useless In Convincing Voters

      Last week I wrote a bit about the ridiculous and misguided backlash against Facebook over the election results. The basis of the claim was that there were a bunch of fake or extremely misleading stories shared on the site by Trump supporters, and some felt that helped swing the election (and, yes, there were also fake stories shared by Clinton supporters — but apparently sharing fake news was nearly twice as common among Trump supporters than Clinton supporters). I still think this analysis blaming Facebook is wrong. There was confirmation bias, absolutely, but it’s not as if a lack of fake news would have changed people’s minds. Many were just passing along the fake news because it fit the worldview they already have.

      In response to that last post, someone complained that I was arguing that “facts don’t matter” and worried that this would just lead to more and more lies and fake news from all sides. I hope that’s not the case, but as I said in my reply, it’s somewhat more complicated. Some folks liked that reply a lot so I’m expanding on it a bit in this post. And the key point is to discuss why “fact checking” doesn’t really work in convincing people whom to vote for. This doesn’t mean I’m against fact checking, or think that facts don’t matter. Quite the reverse. I think more facts are really important, and I’ve spent lots of time over the years calling out bogus news stories based on factual errors.

    • Let’s Get Uncomfortable, Election Edition

      For the people now protesting, good for you to make your views known. It is important.

      May I also suggest you use the remaining time to protest Obama’s refusal to prosecute torture, curtail the NSA, fail to close Gitmo, his jailing of whistleblowers, his decision not to use his Justice Department to aggressively prosecute police killers of young Black men under existing civil rights laws, his claiming of the power to assassinate Americans with drones, and his war on journalists via gutting of FOIA?

      Because silence on those issues means Trump inherits all of that power.

      May I also suggest volunteering for some of: homeless shelters, LGBTQ and vet’s crisis lines, Planned Parenthood, Congresspeople who will work for these causes, ACLU, Occupy (who addresses the economic inequality that drove many Trump voters) and the like?

  • Censorship/Free Speech

  • Privacy/Surveillance

  • Civil Rights/Policing

    • Home Secretary signs Lauri Love extradition order

      The Home Secretary Amber Rudd has signed an order for Lauri Love to be extradited to America where he’s accused of hacking into US government computer networks.

    • Chelsea Manning petitions Obama for clemency

      The legal team for Chelsea Manning, imprisoned WikiLeaks whistleblower, has petitioned US President Barack Obama to reduce her prison sentence to time served. Chelsea has already spent six years in confinement, longer than any other US leaker in history. In 2013, she was sentenced to 35 years in prison after being convicted on several counts under the Espionage Act and the Computer Fraud and Abuse Act.

    • Harsher Security Tactics? Obama Left Door Ajar, and Donald Trump Is Knocking

      As a presidential candidate, Donald J. Trump vowed to refill the cells of the Guantánamo Bay prison and said American terrorism suspects should be sent there for military prosecution. He called for targeting mosques for surveillance, escalating airstrikes aimed at terrorists and taking out their civilian family members, and bringing back waterboarding and a “hell of a lot worse” — not only because “torture works,” but because even “if it doesn’t work, they deserve it anyway.”

      It is hard to know how much of this stark vision for throwing off constraints on the exercise of national security power was merely tough campaign talk. But if the Trump administration follows through on such ideas, it will find some assistance in a surprising source: President Obama’s have-it-both-ways approach to curbing what he saw as overreaching in the war on terrorism.

    • Chagos Islanders denied right to return home

      The long-awaited decision – expected to cause enormous disappointment – follows more than 40 years of campaigning, court cases and calls for the UK to right a wrong committed by Harold Wilson’s Labour government.

      Hundreds of Chagos islanders living in the UK and Mauritius have been waiting for an announcement for more than two years. But cost, economic viability and objections from the US military have been significant obstacles.

      It is expected that the British government will provide a further package of compensation to the islanders and that the announcement will be accompanied by an official apology for the forced movement of 1,500 people. Half of the exiles have since died.

    • Government set to make announcement on plight of exiled Chagos Islanders

      The government is expected to make an announcement about the resettlement of Chagos Islanders who were expelled 40 years ago to make way for a US air base.

      Chagossians were forced to leave the territory in the central Indian Ocean by 1973 to make way for a major US air base on Diego Garcia.

      The expulsions are regarded as one of the most shameful parts of Britain’s modern colonial history and a lengthy campaign has taken place to give Chagossians the right to resettle in the British territory.

      In June, former residents of the islands lost their legal challenge at the Supreme Court.

      But the Foreign Office is now understood to be preparing to make an announcement on the Chagos Islands, also referred to as the British Indian Ocean Territory.

  • Intellectual Monopolies

    • Trademarks

      • How Trademark Law Harms Peoples’ Lives and Wealth

        Trademark, copyright, and patent law are three segments of the same basic concept: protecting businesses from unlawful use of their property. Unfortunately, a system that arose during Roman times has not been satisfactorily updated for the digital age. Particularly with issues regarding patent and trademark law, updates will be necessary to make sure that laws remain enforceable and do their work of protecting businesses.

        [...]

        In the United States, patent laws date back to Colonial times and the United States Constitution. Patents have been viewed favorably and unfavorably at different times in American History. In general, during healthy economic times, patents are viewed as driving investment, innovation, and economic growth. During depressions, patents are viewed as economically unhealthy, and geared towards creating monopolies.

        While patent law has worked to prevent inventors for many years, in 2011, This American Life did an episode of their show on a particular Silicon Valley phenomenon called “patent trolls.” Patent trolls are companies which do not conduct any kind of business of their own, but simply buy patents from inventors, and then threaten companies which are using those patents with lawsuits. Since American courts have been very pro-patent since the Leahy-Smith America Invents Act of 2011, companies generally have no choice but to pay the patent trolls fees, or stop using patented technology.

        According to Perry Clegg, founder of Trademark Access, patents are actually hurting innovation and harming economic growth. “Because so many technological developments piggyback on each other, it is sometimes impossible to create the next big innovation without incorporating previously patented technology.” When big innovations were decades apart, this might not have made as much difference. At the rapid pace of modern technological development, patent trolling can discourage companies from innovating, if they feel it likely that they will have to pay exorbitant fees to companies who exist only to prosecute based on perceived infringement.

        [...]

        Trademark and patent laws must be updated
        A generation ago, it was mostly big businesses that were concerned about protecting patents and trademarks. Now, as many more small companies are entering the technological fray, it is necessary for patent, trademark, and copyright laws to be updated to keep up with the digital times.

        Especially as we move towards the age of the Internet of Things, these changes will only continue to accelerate. If government officials are not careful, outdated laws run the risk of stifling growth and harming innovation.

    • Copyrights

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