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09.08.16

The European Privacy Offender (EPO) Sells Data But Only to the Rich and Powerful

Posted in Europe, Patents at 8:46 am by Dr. Roy Schestowitz

Summary: A programme wherein the EPO gives huge amounts of data, but only at a price

THE EPO has no shortage of scandals. We just have a shortage of time to cover them all. Privacy scandals alone are humongous and we mentioned violations that relate to medical data protection very recently and again two days ago.

One reader drew our attention to this new article from Switzerland (“Sur le Net, les entreprises se montrent trop naïves”). Translations would be very much appreciated, but we got the gist of it. “A Swiss based company named Centredoc bought back in 2015, 90 millions of data from the EPO,” one person told me a couple of times. “En Suisse, Centredoc a acheté, en 2015, les 90 millions de données de l’Office européen des brevets,” put in another language. “In general,” this person added, “they talk about storage of sensible information related to patents” (sounds familiar).

I asked, “does it say what data? Could use a detailed summary…”

In general, we kindly ask readers to become familiar with the following articles (published around last Christmas, so not many people paid attention):

  1. Jacques Michel (Former EPO VP1), Benoît Battistelli’s EPO, and the Leak of Internal Staff Data to Michel’s Private Venture
  2. Europatis: “Turnover of €211,800 and Zero Employees”
  3. Loose Data ‘Protection’ and Likely Privacy Infringements at the EPO: Here’s Who Gets Employees’ Internal Data
  4. Summary of the EPO-Europatis Series
  5. Revolving Doors of High-Level EPO Management: Jacques Michel and the Questel Deal With the EPO

“Suffice to say, this favours deep-pocketed companies and countries like Switzerland.”Having asked for additional information about this article from Le Matin Online, we got told that the “EPO sells Patent Data” and received a copy of anonymised communication (with hypos corrected), namely:

Dear *****,

The EPO sells the data to data providers on a marginal cost basis. We have big hosts, SMEs and natural persons as customers. The EPO encourages the use of the data and is happy about an active patent information market. The strategy was not on exclusivity … AND I think that this right.

You can find the various products in the EPO price list: http://documents.epo.org/projects/babylon/eponet.nsf/0/0B52985F1EFEBCBBC12574EC00263E07/$File/epo_patent_information_price-list_08_2016.pdf

Most probably the mentioning is about the mother of the databases: DOCDB

Please contact if you want to know more about this….

Best regards

******

Suffice to say, this favours deep-pocketed companies and countries like Switzerland. What ever happened to patent neutrality?

Another New Low for the EPO and Battistelli (Updated)

Posted in Asia, Europe, Patents at 8:20 am by Dr. Roy Schestowitz

Maybe they can do some ‘knowledge transfer’ regarding purges

Battistelli and Cambodia

Summary: Benoît Battistelli keeps scraping the bottom of the barrel by meeting with notorious tyrants and leaders from nations which have virtually nothing to do with the EPO (no patents)

YESTERDAY the EPO reinforced our observation that Battistelli has turned the EPO into something that nobody wishes to be associated with, not even in the world of politics. The exceptions are typically tyrants or politicians from notorious countries that have virtually no European Patents (e.g. in Latin America).

“One can judge an Office and a President based on the company s/he keeps…”From the country best known for Pol Pot (studied in Paris, just like Battistelli) and French colonisation we now have this new Battistelli charade [caution: EPO can probably track clicks on this]. It’s almost as if people from respected nations don’t want to be seen with Battistelli (not anymore), so he races to the bottom for photo ops. Can someone from the EPO (or from patent agents) please check for us how many European Patents exist in the database from Cambodia? According to the EPO’s media people, “EPO President Benoît Battistelli hosted the delegation, which was led by Senior Minister Cham Prasidh, Minister of Industry and Handicraft, and also included Cambodia’s Ambassador to Germany, Thai Chun.”

We look forward to Battistelli’s IP talks with Iran, North Korea, and maybe even Libya. One can judge an Office and a President based on the company s/he keeps…

Update: it has meanwhile come to our attention that the number of European Patents from Cambodia is 0. Yes, zero! Well done, Battistelli.

Links 8/9/2016: Samba 4.5, Wireshark 2.2

Posted in News Roundup at 6:52 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

  • Kernel Space

    • LinuxCon + ContainerCon North America Videos

      Thank you for your interest in the recorded sessions from LinuxCon + ContainerCon North America 2016! View more than 40+ sessions from the event below.

    • Linux Security Summit Videos

      Thank you for your interest in the recorded sessions from Linux Security Summit 2016! View all 19 sessions from the event below.

    • Linux scholarship winner aims to preserve ancient languages

      One of the winners of a scholarship from the Linux Foundation is involved in a project to preserve endangered South American languages, according to the Foundation.

      Luis Camacho Caballero is aiming to port these languages to computer systems using automatic speech recognition. He will use Linux-based systems for the project.

      Caballero, a Peruvian, was one of 14 It professionals to receive one of the 2016 scholarships.

      He hopes to complete work on the first language, Quechua, which his grandparents spoke, by the end of 2017 and then begin work on other languages.

    • Linux Kernel 4.7.3 Released with Btrfs and AMDGPU Improvements, Bugfixes

      Today, September 7, 2016, renowned Linux kernel developer and maintainer Greg Kroah-Hartman announced the release of three new kernel versions, namely Linux kernel 4.7.3, Linux kernel 4.4.20 LTS, and Linux kernel 3.14.78 LTS.

      In this article, we will tell you about the third maintenance update to the Linux 4.7 kernel series, which is the latest stable and most advanced kernel version that you can put in a GNU/Linux operating system, and, according to the appended shortlog and the diff from the previous build, Linux kernel 4.7.2, the Linux 4.7.3 kernel is a beefy one bringing changes to a total of 141 files, with 1101 insertions and 539 deletions.

    • ext4 encryption incompatible with grub
  • Applications

  • Desktop Environments/WMs

    • GNOME Desktop/GTK

      • I can’t stop thinking big. In a world where I feel so small.

        Returned from GUADEC and again it was a wonderful time. Big kudos to the organizing team putting together a great conference! For me to meet everyone is such a adrenaline rush, and I always feel so pumped when I come back.

        Speaking of conferences, I spent a lot of time volunteering to understand the mechanics of running a local conference since you know, I have one of my own that is coming up in a few short weeks. Libre Application Summit presented by GNOME or LAS GNOME conference.

  • Distributions

    • New Releases

    • Screenshots/Screencasts

    • OpenSUSE/SUSE

      • openSUSE Tumbleweed Linux Users Get Firefox 48.0.2, Thunderbird 45.3 & GCC 6.2.1

        Today, September 7, 2016, Douglas DeMaio published yet another informative bulletin to keep users of the openSUSE Tumbleweed Linux operating system up to date with the latest changes and software versions that landed lately.

        openSUSE Tumbleweed is a rolling release GNU/Linux distribution, so it’s always getting new components via so-called snapshots. Just last week we told you the Tumbleweed is based on Linux kernel 4.7.2, and now one more snapshot arrive in the repositories this week, and it’s the first for the month of September, bringing updates for some of the most important applications.

      • Highlights of YaST development sprint 24
      • HP Enterprise Names SUSE (Not Red Hat) Preferred Linux Partner

        Hewlett Packard Enterprise (HPE) is playing favorites in the Linux market, selecting SUSE rather than Red Hat and Canonical Ubuntu as the company’s preferred Linux distribution partner. The move, in theory, could potentially trigger a ripple effect across corporate data centers worldwide — especially for customers that are deploying OpenStack private clouds.

    • Red Hat Family

    • Debian Family

      • Debian CI updates for September 2016

        That is it for now. If you want to contribute to the Debian CI project and want to get in touch, you can pop up on the #debci channel on the OFTC IRC network, or mail the autopkgtest-devel mailing list.

      • Derivatives

        • Elive 2.7.6 Beta Linux OS Lands with Amazing Speedup Improvements for Some Apps

          Today, September 7, 2016, the Elive development team announced the release and immediate availability of yet another Beta milestone of the Elive Linux operating system.

        • Canonical/Ubuntu

          • Ubuntu Phone Now Has a Nifty, Native Photo Editing App

            Ubuntu Phone finally has a photo editing app. Although early alpha quality, Instant FX for Ubuntu is already looking like an impressive app. And with so few native Ubuntu apps around, each one is truly appreciated. Now, obvious things first: InstantFX is very obviously styled around the Instagram Android & iOS app’s editing interface.

          • Flavours and Variants

            • You Can Now Download a Single ISO Image with All the Ubuntu 16.04.1 LTS Flavors – Exclusive

              Softpedia was informed today, September 8, 2016, by Željko Popivoda from the Linux AIO team about the availability of an updated Linux AIO Ubuntu Live ISO image, based on Canonical’s recently released Ubuntu 16.04.1 LTS (Xenial Xerus) OS.

              Yes, you’re reading it right, Linux AIO Ubuntu 16.04.1 Live ISO images are now available for download in 64-bit and 32-bit variants, based on the Ubuntu 16.04.1 LTS Live ISO images, which were officially released on July 21, 2016, and they include all the essential Ubuntu Linux flavors.

  • Devices/Embedded

    • Camera/sensor kit adds obstacle avoidance to drones

      Parrot’s Ubuntu- and ROS-driven, Tegra K1 based “S.L.A.M.dunk” development kit has a stereo camera and sensors that adds obstacle avoidance to drones.

      Parrot’s S.L.A.M.dunk, which is named for its integrated Simultaneous Localization and Mapping algorithm, can be added to any Linux-driven drone to help it navigate indoors or in other barrier-rich outdoor environments where GPS signals are not available. Assuming obstacle avoidance technology can be sufficiently refined, indoor package delivery may be the next big application for Unmanned Aerial Vehicles (UAVs). There are also many outdoor environments such as wooded and urban areas where drones struggle to navigate by GPS and standard imaging alone.

    • This drone development kit can also be an Ubuntu PC
    • Parrot announces a dev kit that helps drones see and avoid obstacles
    • MinnowBoard Turbot jumps to quad-core Atom E3845

      ADI has opened pre-orders on a $190, open-spec “MinnowBoard Turbo Quad” SBC that advances to a 1.91GHz, 10W TDP quad-core Atom E3845.

      In late June, ADI Engineering, which built the latest MinnowBoard Turbot version of the MinnowBoard single-board computer for the MinnowBoard.org community, announced an unpriced MinnowBoard Turbot Dual-E SBC. The Dual-E, which was scheduled to ship later this month, offers a quad-core Atom E3845 option in addition to the standard dual-core E3826.

      Now, ADI has now opened $190 pre-orders on a simpler, quad-core E3845 only board called the MinnowBoard Turbot Quad, with shipments due in December.

    • Phones

      • Tizen

      • Android

        • Google given more time to reply to EU antitrust charge on Android [Ed: Microsoft started this attack. This is well documented.]

          Alphabet’s Google has been given two more weeks to counter EU antitrust charges that it uses its dominant Android mobile operating system to block competitors, the European Commission said on Thursday.

          The EU competition enforcer in April accused the U.S. technology giant of harming consumers because of its demand that mobile phone makers pre-install Google Search and the Google Chrome browser on their smartphones to access other Google apps.

          Google was initially given until July 27 to respond to the charges but asked for an extension to Sept. 7.

        • Samsung Galaxy Tab S 8.4 Gets Android Marshmallow
        • Google squashes another Mediaserver bug in Android
        • Android Pay is coming to the mobile web ‘soon,’ available first on Chrome
        • New YouTube UI with navigation bar on bottom rolling out server-side on Android
        • Don’t worry, ‘Super Mario Run’ is coming to Android too
        • Google Patches 55 Android Vulnerabilities in September Update
        • Google’s 3-level Android patch could cause confusion
        • Google’s Russian Android Appeal Falls Flat

          A Russian appeals court recently rejected Google’s appeal of a $6.75 million fine regulators imposed on it for anticompetitive behavior — that is, for forcing mobile device vendors to put Google Play apps on the main screens of devices using the Android operating system. The Ninth Arbitration Appeal Court’s ruling, handed down last month, means that the court considered the decision of Russia’s Federal Antimonopoly Service to be reasonable and legitimate. Google therefore would have to pay the fine and take steps to remedy the situation.

        • The Android Runtime On Chrome OS Makes Use Of Wayland

          With Google’s Android Runtime for Chrome (ARC) it turns out that this technology for letting Android apps run on Chrome OS is making use of the Wayland protocol and could open up other Wayland clients to running on Chrome OS.

          Readers in the Phoronix Forums pointed out that the ARC++ runtime makes use of Wayland, per a session description for this month’s XDC2016 conference in Helsinki.

        • How the new iPhone 7 compares to the best Android phones

          Apple announced the latest iterations of the iPhone today, with what the company claims are its best iPhones yet. The iPhone 7 and 7 Plus bring faster processors, new cameras, and some minor visual updates to antenna placement and color choices from last year’s iPhone 6S — but these improvements come at the cost of the 3.5mm headphone jack.

          And while Apple has always been coy about the actual specifications of their devices, hard numbers for processor speed, RAM, and battery life are less important than ever nowadays. With phones like the Galaxy Note 7 leading the pack despite claims of “underpowered” hardware, it’s clear that a good experience in using a smartphone is far more crucial than necessarily having the fastest processor, most megapixels, or highest screen resolution. Which, to be fair, is more or less the strategy Apple’s been betting on for the last few years with its previous iPhones, and there’s no reason to suspect why the new models won’t continue to live up to that.

        • LG launches V20 smartphone with Android 7.0 Nougat

          LG took the wraps off the V20, its latest Android flagship, at an event in San Francisco this evening. The phone, a successor to last year’s V10, is the first to ship with Google’s latest Android 7.0 Nougat. Like it’s predecessor. the V20 contains a dual-camera system and a second display located at the top of the phone. Both have been upgraded in this year’s model; the cameras are more capable and the second display is now brighter with bigger font. More importantly, the V20 not only retains the headphone jack some phone makers are trying to phase out, but it also packs in some audiophile-grade features for music lovers who like lossless file formats and expensive headphones.

        • Seven features the iPhone 7 ‘borrows’ from Android

          If you were watching the Apple live stream and shouting at your computer, “hey, Android already has that!” over and over, you weren’t alone.

          Apple certainly took some “inspiration” from many of the hardware innovations brought about by Android phone makers. Here’s a recap of the features that Apple ballyhooed on stage, but aren’t exactly news to those of us who have been using Android phones for the past few years.

Free Software/Open Source

  • Christine Hall: FOSS Force’s Grandmama Frump

    Yes, that Christine Hall. The one whose byline you often see on this very site. Recorded under lousy lighting with a 10-year-old (or older) webcam that was probably lousy new, this video is about information, not cinematography. So meet Christine Hall. Listen to what she says about looking for contributing writers. Does she mean you? It’s possible. If you have a story idea, please send it to her. We could see [YOUR NAME] in lights right here on FOSS Force!

    Meanwhile, sit back, relax, and listen as Christine tells you how FOSS Force got started, what the site is up to, and what she hopes to see in its future. And please feel free to razz her (or the interviewer) in the comments section below this paragraph. We promise not to jump through the Internet, out of your screen, and bite your head off. Well… we probably won’t, anyway.

  • GNU Libreboot Adds Support For Another (Outdated) Intel Motherboard

    A mini-ITX board running the GNU Libreboot downstream of Coreboot sounds interesting for a fully free software HTPC/media center PC, right? Too bad this new motherboard port is for an i945 board released back in 2008 and has integrated a painfully slow original, single-core Atom chip.

    If you happen to have the Intel D945GCLF2 motherboard, it’s now supported by GNU Libreboot eight years after the product was launched with the i945GC Express chipset. The port landed with this commit.

  • How to Eliminate Foundation Fatigue in Open Source Networking

    Dave Ward, CTO of engineering and chief architect at Cisco, says the OpenDaylight Project really propelled the Linux Foundation as the go-to host for open source projects related to network virtualization. But, he adds, people working in open source networking are now experiencing “foundation fatigue.”

  • Keeping DOS alive and kicking with open source

    No, I don’t run FreeDOS as my primary system. That would really be impressive!

    I run Linux at home. My laptop is a Lenovo X1 Carbon (first gen) running Fedora 24 with GNOME 3.

    The tools I use every day include: Google Chrome, Firefox, and GNOMEWeb to browse the web; Gedit to edit text or simple code (such as Bash); GNU Emacs to edit program code (I prefer C); GNOME Terminal to SSH to my personal server and to the FreeDOS website; RhythmBox to listen to music.

    I run FreeDOS in a virtual machine. I use DOSEmu if I’m writingFreeDOS code, so I can use GNU Emacs on Linux to write code and immediately compile it in FreeDOS via DOSEmu. That’s really convenient because DOSEmu maps a folder in your home directory as the C: drive.

    If I need to run FreeDOS as though it’s running on hardware, such as testing the upcoming FreeDOS 1.2 release, I use qemu.

  • Has open source gone mainstream?

    Open source has officially made it. While open source advocates may have faced an uphill battle to convince their colleagues in the past, the technology has now become a legitimate component of the mainstream technological scene.

    That’s according to GitHub’s senior director of infrastructure engineering Sam Lambert, who told IT Pro that open source software is no longer the niche field it once was.

    “I feel like we’re not selling open source any more,” he said. He pointed out that not only are major companies in multiple sectors using open source technologies, they’re even starting and contributing to open source projects themselves.

    “A lot of large enterprises [view] being open source as an essential way of propagating the use of their technologies,” he said, “and they’re open sourcing stuff quickly.”

  • Yahoo open-sources Pulsar, a low-latency alternative to Apache Kafka

    Yahoo! Inc. has open-sourced a new distributed “publish and subscribe” messaging system called Pulsar that’s capable of scaling out while maintaining low latencies. Yahoo has long used Pulsar to back some of its own critical applications, and now wants the open-source community to help further its development.

  • The CORD Project: Unforeseen Efficiencies – A Truly Unified Access Architecture

    The CORD Project, according to ON.Lab, is a vision, an architecture and a reference implementation. It’s also “a concept car” according to Tom Anschutz, distinguished member of tech staff at AT&T. What you see today is only the beginning of a fundamental evolution of the legacy telecommunication central office (CO).

  • Synacor Launches New Support Program for 400+ Million Zimbra Open Source Users
  • Oracle/Java/LibreOffice

    • LibOCon 2016 Kicks off with LibreOffice 5.2.1

      The Document Foundation today announced the release of LibreOffice 5.2.1, the first update to the 5.2 branch, to kick off LibOCon in Brno, Czech Republic. LibOCon will run from today, September 7, to September 9, 2016. The conference “is a showcase of the project activity, and will feature over 60 talks in three days, covering development, QA, localization, ODF, marketing, community and documentation.”

    • LibreOffice 5.2.1 Office Suite Released with Over 100 Improvements, Download Now

      Today, September 7, 2016, Italo Vignoli from The Document Foundation was happy to inform Softpedia via an email announcement about the general availability of the first point release of the LibreOffice 5.2 open-source and cross-platform office suite.

      LibreOffice 5.2.1 is here one month after the launch of the most advanced LibreOffice release ever, version 5.2, which brought countless improvements to all of the office suite’s components, including Writer, Draw, Math, Calc, etc., along with a bunch of user interface refinements that users will love, especially on GNU/Linux platforms.

  • CMS

  • Pseudo-Open Source (Openwashing)

  • Openness/Sharing/Collaboration

  • Programming/Development

  • Standards/Consortia

    • Porn Sites Feel Exposed by Flash, Get It on With HTML5

      Soon, Google Chrome will phase out full support for Flash, meaning that, on most sites, users will have to manually activate the aging software if necessary. The move is largely for security reasons: Researchers regularly find dangerous vulnerabilities in Flash.

      On Tuesday, porn site Pornhub said it would be ditching all Flash content from its site, opting instead for HTML5, the most recent version of the web language that offers more support for multimedia content. Since hackers have had a number of successes at compromising porn sites, it’s notable that one of the largest is taking this step, albeit when Flash is already on its last legs.

      “It was just a matter of time until we switched, as HTML5 is becoming the standard across platforms. Now makes the most sense as Google and Firefox are slowly pushing Flash support out of their browsers. Plus HTML5 has improved security, better power consumption and it’s faster to load,” Corey Price, vice president of Pornhub, told Motherboard in an email.

Leftovers

  • What the 21st Century Has Done to Our News
  • Free Isn’t Freedom: How Silicon Valley Tricks Us

    Small business owners have long complained of the Google’s frequent and mysterious adjustments to its search algorithm, which effectively punishes them for violating one of the search engine’s mostly obscure criteria.

    Even some of the world’s largest companies live in constant “fear of Google”; sudden banishment from search results, YouTube, AdWords, Adsense, or a dozen other Alphabet-owned platforms can be devastating.

  • Science

    • How to Raise a Genius: Lessons from a 45-Year Study of Supersmart Children

      On a summer day in 1968, professor Julian Stanley met a brilliant but bored 12-year-old named Joseph Bates. The Baltimore student was so far ahead of his classmates in mathematics that his parents had arranged for him to take a computer-science course at Johns Hopkins University, where Stanley taught. Even that wasn’t enough. Having leapfrogged ahead of the adults in the class, the child kept himself busy by teaching the FORTRAN programming language to graduate students.

      Unsure of what to do with Bates, his computer instructor introduced him to Stanley, a researcher well known for his work in psychometrics—the study of cognitive performance. To discover more about the young prodigy’s talent, Stanley gave Bates a battery of tests that included the SAT college-admissions exam, normally taken by university-bound 16- to 18-year-olds in the United States.

      Bates’s score was well above the threshold for admission to Johns Hopkins, and prompted Stanley to search for a local high school that would let the child take advanced mathematics and science classes. When that plan failed, Stanley convinced a dean at Johns Hopkins to let Bates, then 13, enrol as an undergraduate.

  • Health/Nutrition

    • Legal Levels of Roundup Pose Risks for Stream Algae

      Even though glyphosate is used to control weeds in agricultural fields, the world’s most commonly used weedkiller has also been detected in streams, rivers and other aquatic systems worldwide due to runoff.

      As we learn more and more about the potential environmental risks of glyphosate runoff, in Brazil—where almost 188,000 tons of glyphosate was sold in 2013 alone—new research published in the peer-reviewed journal Phycologia found that all-important macroalgae is sensitive to glyphosate exposure, even at legal levels. According to the study, the herbicide can alter the photosynthesis, chlorophyll levels and respiration of these key freshwater organisms.

    • Education Minister: Three hours a day exercise for kids under 8

      Finnish officials have upgraded their recommendations for the amounts of physical activity that kids should be getting. Children under the age of eight should be physically active for at least three hours per day, according to Ministry of Education and Culture and the Ministry of Social Affairs and Health.

  • Security

  • Defence/Aggression

    • The Hard Message from Brazil’s ‘Soft Coup’

      With little protest from Washington, Brazil’s elected President Dilma Rousseff was ousted in a politically motivated impeachment, a “soft coup” undermining South American democracy, write Hector Perla Jr., Laura Sholtz and Liliana Muscarella.

    • The ebbing Latin American tide

      The differences between the richest 10% and the poorest 10%, which was 100, 150, 200 times in the 90s, had been reduced at the end of the first decade of the century to 80, 60, 40, in a way that broadened the contribution – and equality – of the different social sectors.

    • Neocon Dilemma: Israeli-Russian Detente

      As Official Washington’s neocons lead the charge into a New Cold War – deeming Russia an implacable enemy – an inconvenient truth is that the neocons’ beloved Israel is warming its relationship with Moscow, writes Stephen J. Sniegoski.

    • Old Cold Warriors Cool to New Cold War

      It seems that some who have the ears of U.S. elite decision-makers are at least shifting away from wishing to provoke wars with Russia and China.

      In recent articles, Zbigniew Brzezinski and Thomas Graham, two architects of the U.S. Cold War with Russia, have acknowledged that the era of uncontested U.S. global imperialism is coming to an end. Both analysts urge more cooperation with Russia and China to achieve traditional, still imperial, U.S. aims.

    • New York Times and the New McCarthyism

      Traditional U.S. journalism and the American people are facing a crisis as the preeminent American newspaper, The New York Times, has fully lost its professional bearings, transforming itself into a neoconservative propaganda sheet eager for a New Cold War with Russia and imposing a New McCarthyism on public debate.

      The crisis is particularly acute because another top national newspaper, The Washington Post, is also deeply inside the neocon camp.

    • Trump’s ‘Cyber’ Policy Against ISIS Is… ‘Hey Look At This New Poll!’

      So, uh, wait. What? Apparently Donald Trump’s “cybersecurity” policy is “Hey, look at this poll that says I’m winning!” And also “How did ISIS get cell phones?” Meanwhile, the brave Philip Bump over at the Washington Post tried to fact check the only clear factual statement in that rambling mess: that the word “cyber” was just created a few years ago. Of course, that’s not true (though I guess that depends on what you consider to be a “short number of years ago”), but I’d argue that the fact that “cyber” predates the birth of one Donald Trump, that the statement isn’t all that accurate.

      But, really, who gives a fuck concerning when Donald Trump thinks the word “cyber” was first coined? The real question should be on what’s the actual policy here, because in those three paragraphs above there’s nothing even remotely resembling a policy, or a coherent idea. Clinton’s tech policy is a hot mess of emptiness, but at least there’s a policy that people can look at and talk about. Trump, on the other hand doesn’t even seem to recognize what cybersecurity means and what a policy would entail.

      Oh, and as for the claims about how ISIS is “recruiting people through the internet” multiple studies on that have suggested that ISIS’s internet recruitment strategy isn’t all that effective — that most recruiting is done through real world networks, rather than virtual ones. But you know which groups really are having success growing their online presence? White nationalists and neo Nazis, with many of them strongly supporting… Donald Trump.

    • Britain’s ‘most hated man,’ Anjem Choudary, jailed for ISIS support

      Notorious hate preacher Anjem Choudary, who led a flag-burning demonstration outside the US embassy on the anniversary of the 9/11 attacks and voiced support for jihad, has been jailed for inviting support for ISIS.
      The former lawyer was sentenced to five years and six months in prison. His supporters shouted “Allahu Akhbar” as he was led away from the dock in London’s Old Bailey court.
      Choudary’s co-defendant Mohammad Mizanur Rahman, 33, was also handed a sentence of five years and six months.

      Choudary has courted controversy over two decades, skirting the edges of the law, backing extremism but with no proof of actually inciting violence. He earned the wrath of Britain’s tabloid newspapers, making him – by his own admission — the country’s “most hated man.”
      In 2014, he pledged allegiance to ISIS and its leader Abu Bakr al-Baghdadi, bringing him under scrutiny and leading to his arrest.

    • Automated systems fight ISIS propaganda, but at what cost?

      The spread of ISIS propaganda online has put social media companies in a tough position. Governments are urging Facebook, Twitter, and Google to more aggressively remove extremist content, in the hopes of reducing the terrorist group’s influence. But the companies’ self-moderation systems have struggled to keep pace, and terrorist material continues to spread online.

      Now, a nonprofit organization has developed an algorithm that it says can automate the removal of terrorist-related content. But there are concerns that it could infringe on freedom of speech, and some question whether automated content removal would mitigate radicalization.

      The algorithm, called eGLYPH, was announced in June by the Counter Extremism Project (CEP), a New York-based nonprofit organization that tracks extremist groups. eGLYPH uses so-called “hashing” technology to assign a unique fingerprint to images, videos, and audio that have already been flagged as extremist, and automatically removes any versions that have been uploaded to a social network. It will also automatically delete other versions as soon as users attempt to upload them.

  • Transparency/Investigative Reporting

    • New Assange case details expected from Sweden

      New information on the Jullian Assange case could be released today when the Swedish prosecutor holds a media conference before the broadcast of a new documentary on the WikiLeaks founder.

    • Showdown in the Assange case?

      The normally so media shy Swedish prosecutor Marianne Ny today held a press conference about the Assange case. Nothing new was presented, the prosecutor’s office repeated its talking points and there was mention of yet another half-hearted attempt to interview Mr. Assange at the Ecuadorian embassy in London. (Something Ms. Ny have avoided to do for years, thereby keeping the investigation open and Mr. Assange at bay.)

      It might have been her last chance to play the media by her rules. On prime time Swedish national television tonight, the investigative team at SVT Uppdrag Granskning had an hour-long special about the Assange case. (The program in Swedish » | A summary of some of the findings in English ») It is pretty obvious that Swedish authorities are very interested in getting Mr. Assange to Sweden – even though it has been and still is possible to interview him in London in person, online or over the phone.

  • Environment/Energy/Wildlife/Nature

    • Who’s Banking on the Dakota Access Pipeline?

      When the Army Corps of Engineers issued a permit for the 1,100-mile Dakota Access Pipeline in July, executives at the corporations behind the plan probably thought their path forward was clear. They’d moved easily through the permit process, seemingly dodging the concerns of people affected by the pipeline, and were ready to go ahead with construction.

      But the communities in the pipeline’s path, especially local tribes, had other ideas. Thousands of people, mostly Native Americans, have converged at the Standing Rock Sioux Reservation in North Dakota in an effort to stop the pipeline from being built. The Standing Rock Sioux call the pipeline a black snake, and they know that if it were to rupture and spill — a serious risk, given the well-documented history of pipeline leaks in the U.S. — it could poison their drinking water and pollute their sacred land.

  • Finance

    • The Surreal Politics of a Billionaire’s Tax Loophole

      For years, Democratic elected officials in Washington have been wary of going after Wall Street excesses too hard, lest the deep-pocketed financial industry throw all its resources to Republicans.

      This has been especially true of one of the most notorious targets for financial reform: the favorable tax treatment of the outsized compensation earned by partners in private equity firms. Democrats have long spoken out against this so-called “carried-interest loophole,” yet have often not pushed as hard as they could to change the law, which saves some of the very wealthiest people in finance billions of dollars in taxes each year.

      All of this explains why the scenario presented by the 2016 election is so surreal. The Democratic presidential nominee, Hillary Clinton, has vowed to close the loophole, saying it’s unfair that the highly compensated money managers who benefit from it “pay lower tax rates than nurses or … truckers.” Clinton recently went even further than President Obama on the issue, saying she would close the loophole through executive action if Congress continued to resist a legislative fix, a step that Obama has shied away from taking.

      One might reasonably expect Clinton’s campaign contributions from private equity to suffer as a result of this stance, and for the money to flow overwhelmingly to the Republicans, as it did in the last presidential election.

      That hasn’t happened. In fact, Clinton is receiving all of the industry’s support.

      As of the end of July, the executives and employees of the four biggest private equity firms (the Blackstone Group, Carlyle Group, KKR and Apollo Global Management) had given her campaign a combined $182,295 in direct contributions, according to the database compiled by the Center for Responsive Politics.

    • Silent Tax Foreclosure Auction Is Detroit’s Largest Missed Opportunity

      Back in July, the American Civil Liberties Union filed suit against Wayne County Treasurer Eric Sabree for foreclosing on owner-occupied homes in the area around Detroit. The lawsuit, which was anticipated for years, could dramatically affect the fate of thousands of families if it is successful. But even so, it will only impact about one-tenth of the properties headed for auction starting this Wednesday, Sept. 7, at 9 a.m. EST.

      The Wayne County Tax Foreclosure auction is seen nationwide as an opportunity to buy Detroit homes on the cheap. But the people who have the most to gain and the most to lose in the auction – the homes’ current residents – in many cases have little access to information in order to take advantage of it.

      In some ways, the greater tragedy of this area’s foreclosure crisis lies in the foreclosures that go unchallenged because certain infractions aren’t deemed technically illegal. There are protections for owners, for example, that simply don’t exist for renters. In last year’s auction, a full 5,000 properties went unsold, even though they could have been bought for the minimum bid of $500. Again, it was not lack of money, but lack of information, that allowed these properties to be swept aside.

    • The transatlantic trade deal TTIP may be dead, but something even worse is coming

      Is it over? Can it be true? If so, it’s a victory for a campaign that once looked hopeless, pitched against a fortress of political, corporate and bureaucratic power.

      TTIP – the Transatlantic Trade and Investment Partnership – appears to be dead. The German economy minister, Sigmar Gabriel, says that “the talks with the United States have de facto failed”. The French prime minister, Manuel Valls, has announced “a clear halt”. Belgian and Austrian ministers have said the same thing. People power wins. For now.

      [...]

      When you are told that the price of liberty is eternal vigilance, this is what it means. This struggle will continue throughout your life. We have to succeed every time; they have to succeed only once. Never drop your guard. Never let them win.

  • AstroTurf/Lobbying/Politics

    • Donald Trump and Hillary Clinton Hold Dueling Rallies – But Trump Gets Most of the TV Coverage

      Donald Trump and Hillary Clinton held rallies at nearly the same time on Tuesday, with Trump doing an event in Virginia and Clinton holding one in Florida.

      Trump, in a national-security focused Q-and-A with former Defense Intelligence Agency chief Michael Flynn, described the Iran-Iraq war in flippant terms, saying that the two countries would “fight fight fight. And then Saddam Hussein would do the gas. And somebody else would do something else. And they’d rest.”

      Clinton, on the other hand, focused her remarks on issues like college affordability and small businesses.

      Fox, CNN, and MSNBC responded by giving almost all of their attention to Trump.

    • Guccifer 1’s Potentially Russian IP Address

      The passage is appropriately ambiguous. Guccifer (Lazar) successfully hacked Blumenthal on March 14, 2013. The next day — and again on March 19 and 21 — there were unsuccessful probes on Hillary’s server. The FBI suggests those may have been Guccifer, though states it doesn’t know whether it is or not (which is weird, because Guccifer has been in US custody for some time, though I suppose his lawyer advised him against admitting he tried to hack Hillary).

      I find all this interesting because those probes were made from Russian and Ukrainian IPs. That’s not surprising. Lots of hackers use Russian and Ukrainian IPs. What’s surprising is there has been no peep about this from the Russian fear industry.

      That may be because the FBI isn’t leaking wildly about this. Or maybe FBI has less interest to pretend that all IPs in Russia are used exclusively by state agents of Vlad Putin (not least because then they should have been looking for Russians hacking the DNC?).

      It’s just an example of what an attempted hack might look like without that Russian fear industry.

    • Hillary Clinton and Donald Trump to Talk Policy, Act Presidential in Commander-in-Chief Forum

      On Wednesday at 5 p.m. PDT, Democratic presidential nominee Hillary Clinton will face off against her Republican counterpart in New York City for NBC News’ live broadcast of what the network is calling its “Commander-in-Chief Forum.”

      The GOP contender had a much-ballyhooed dress rehearsal as the would-be national security envoy of the United States during his recent visit to Mexico. No doubt the former secretary of state will have something to say about that at their first televised encounter in what has seemed like the longest presidential election cycle in recorded history.

      Another surefire keyword: Benghazi.

    • Internet Disinformation Service for Hire
    • This Leaked Catalog Offers ‘Weaponized Information’ That Can Flood the Web

      In the summer of 2014, a little known boutique contractor from New Delhi, India, was trying to crack into the lucrative $5 billion a year market of outsourced government surveillance and hacking services.

      To impress potential customers, the company, called Aglaya, outlined an impressive—and shady—series of offerings in a detailed 20-page brochure. The brochure, obtained by Motherboard, offers detailed insight into purveyors of surveillance and hacking tools who advertise their wares at industry and government-only conferences across the world.

      The leaked brochure, which had never been published before, not only exposes Aglaya’s questionable services, but offers a unique glimpse into the shadowy backroom dealings between hacking contractors, infosecurity middlemen, and governments around the world which are rushing to boost their surveillance and hacking capabilities as their targets go online.

  • Censorship/Free Speech

  • Privacy/Surveillance

  • Civil Rights/Policing

    • Arrest warrant issued for Green Party presidential candidate Jill Stein

      Green Party Presidential candidate Jill Stein is facing criminal charges in connection with vandalism at the Dakota Access Pipeline construction site near Cannon Ball, ND.

      Stein and her running mate, Ajamu Baraka, have each been charged with misdemeanor criminal trespass and criminal mischief.

    • Arrest warrant issued for Jill Stein in vandalism investigation

      North Dakota police have reportedly issued a warrant for the arrest of Green Party nominee Jill Stein.

      Stein was spotted in the wrong place at the wrong time. And this time, it wasn’t because she flew to the wrong city for a campaign event, as she did last week when traveling to Cincinnati instead of Columbus, Ohio.

    • Green Party Candidates Charged for Activism at Dakota Pipeline

      The arrest warrants issued are for criminal trespass and criminal mischief for spray painting construction equipment.

      North Dakota pressed charges Wednesday against presidential candidate Jill Stein and her running partner Ajamu Baraka for spray painting Dakota pipeline equipment, issuing warrants for their arrests.

    • Jill Stein, Green Party Candidate, Is Charged Over Role in Pipeline Protest

      Jill Stein, the Green Party presidential candidate, is facing misdemeanor criminal charges in North Dakota after she spray-painted a bulldozer at a rally protesting the construction of the Dakota Access Pipeline, law enforcement officials said on Wednesday.

      Warrants charging Ms. Stein, 66, and her running mate, Ajamu Baraka, with criminal trespass and criminal mischief were issued after several Caterpillar bulldozers were found to have been defaced at the protest, which was held on Tuesday, according to an affidavit prepared by the Morton County Sheriff’s Department.

      “Officers were alerted to video that displayed presidential candidate Jill Stein painting the front of one of the Caterpillars with the message ‘I approve this message,’ ” the affidavit said.

      The warrants are valid only in North Dakota, said Rob Keller, a spokesman for the Sheriff’s Department, adding that Ms. Stein and Mr. Baraka would be arrested only if they returned to the state.

    • Sheriff issues arrest warrant for Green Party’s Jill Stein after North Dakota oil pipeline protest

      Green Party presidential candidate Jill Stein has faced obstacle after obstacle. First the Commission on Presidential Debates refused to let her participate in the presidential debates; now a warrant has been issued for her arrest.

      The sheriff’s department in Morton County, North Dakota announced on Wednesday that it had issued arrest warrants for Stein and her vice presidential candidate, Ajamu Baraka.

      Both have been charged with criminal trespass and criminal mischief, class-B misdemeanors, after participating in protests against the Dakota Access Pipeline.

    • ICE Denies FOIA Request From Lawyer Because It Might Help Her Better Defend Her Client

      The government doesn’t care much for a level judicial playing field. That whole checks and balances thing? It’s just getting in the way of speedy prosecutions. Federal and state prosecutors have engaged in routine Brady violations — the withholding of exculpatory evidence from defendants.

      Immigration and Customs Enforcement (ICE) is taking this to a whole new level. It’s refusing to turn over FOIAed records to a defendant’s lawyer expressly because they could be used to mount a defense against the government’s charges. Of course, ICE doesn’t say so in those exact words, but the words it does use leave that distinct impression.

    • Police Union’s Proposed Contract Looks To Whitewash Officers’ Disciplinary Records

      Touched on briefly during our rundown of police unions demanding better pay for better behavior and accountability was the San Antonio Police Officers Association’s (SAPOA) demand that the city should be willing to raise wages if it really expected its officers to perform their duties without veering into abuse or misconduct.

      Part of what’s keeping a deal from being struck between the city and the union is the amount of money on the table. This gives the union the appearance of holding the city’s safety hostage until its demands are met. That may not be an entirely fair characterization (there’s some “hostage-taking” on the other side as well), but there’s something far more worrying in the proposed contract that’s keeping this from being resolved.

      The San Antonio police union wants changes to disciplinary procedures that would effectively whitewash past misconduct by officers. Michael Barajas, writing for the San Antonio Current, takes a close look at the controversial clause, and how it’s likely to allow bad officers to not only stay employed longer, but possibly rise through the ranks as well.

    • Police Union President Says He Couldn’t Change Contract Even if He Wanted To (Also: He Doesn’t Want To)

      Neal received a 14 month state jail sentence and had to surrender his peace officer certification, so it’s hard to know exactly what his case says about the department’s disciplinary procedures—due to the criminal charges, he never made it to a disciplinary hearing or arbitration. But Neal’s case does beg the question: if, for whatever reason, prosecutors couldn’t have charged him with rape, what would have happened to him? Would officials taking any disciplinary action against him have been required to ignore the fact that he’d previously been reprimanded for having sex with a high school student he was supposed to be supervising?

    • Ferguson activist Darren Seals dies at 29

      A locally known Ferguson activist who protested in the streets seeking justice for Michael Brown Jr.’s death was killed early Tuesday, September 6 in North St. Louis County.

      Darren Seals, 29, was a factory line worker and hip-hop musician. Following the death of Mike Brown – an unarmed black teenager who was fatally shot by a white Ferguson police officer – Seals protested in the streets of Ferguson.

      Seals was extremely vocal about issues surrounding Brown’s death and the St. Louis region. He was featured in national news outlets such as The Washington Post and Al Jazeera.

  • Internet Policy/Net Neutrality

    • Thanks, Google, For Fucking Over A Bunch Of Media Websites

      So… yeah. For what it’s worth, we received absolutely no notifications from Google about this. No explanation of how we had “violated” their policy. And it was doubly nice of them to do this over a long weekend when we were all off and away, so that nothing worked for multiple days before we had a chance to dump their RSS feed system completely.

      And… apparently we were not alone. A bunch of other sites had the exact same experience and there are a bunch of people asking what the hell happened. With no explanation, no notification, Google just made a lot of websites’ RSS and Twitter feeds break completely. And this includes some other high-profile bloggers as well, like Violet Blue.

      The leading theory that I’ve seen going around is that Google is actually blocking all links in any FeedBurner feed, because it’s a violation of its own terms of service. Seriously.

    • What Net Neutrality? While The FCC Naps, AT&T Now Exempting DirecTV Content From Wireless Usage Caps

      When the FCC crafted its new net neutrality rules, we noted that the agency’s failure to ban “zero rating” (exempting your own company’s content from usage caps) was going to be a problem. And lo and behold, with the FCC AWOL on the subject, companies are starting to take full advantage. Verizon and Comcast now exempt their own streaming video services from usage caps without penalty, while companies like T-Mobile and Sprint have launched new confusing and punitive data plans that throttle games, music and video content — unless users pay a premium.

      [...]

      Much like T-Mobile’s Binge On efforts (which zero rate only the biggest video services) the idea of getting something for “free” sounds wonderful upon superficial inspection. At least until you realize that AT&T’s decision to give its own content an unfair leg up in this fashion puts its competitors, like Netflix and Amazon, at a distinct disadvantage. That’s why so many people had urged the FCC to follow India, Japan, Finland, Iceland, Estonia, Latvia, Norway, The Netherlands, and Chile’s approach to net neutrality rules and ban zero rating entirely.

      The FCC didn’t, and thanks to its failure, we now face a scenario where net neutrality can be trampled without repercussion — and may even be celebrated by the press and public — provided you just use the right shade of public relations paint.

      And there’s every indication AT&T’s just getting started. This particular announcement (made on Apple product announcement day to capitalize on the tech media’s distraction) was just AT&T dipping its toe into the zero rating water. The company plans to launch three different streaming services under the DirecTV brand later this year, and you can be fairly sure that AT&T intends to use zero rating to give all of them a distinct, and notably unfair, market advantage.

    • EU free roaming to be restricted by ‘fair use’ clause

      THE EU’S PLANS to impose Europe-wide free roaming on mobile operators contain a number of restrictions intended to prevent mobile phone users shopping around for the best deal.

      The draft law released this week shows that the European Commission plans to include a ‘fair use’ clause that would limit the amount of free roaming to 90 days a year and a maximum 30 consecutive days before regulated roaming charges apply.

      However, anyone commuting from London to Paris via the Channel Tunnel, for example, won’t be subject to the new limits if they return to their home network every day.

      Moreover, anyone busting their limits will have their roaming surcharges capped at 4c per minute for calls, 1c for every text message and just 0.85c per megabyte of data.

      Operators will also be able to impose restrictions on call and data volumes, and will be allowed to require subscribers to pay for a certain volume of services on their home network before the contract can be used for roaming.

  • DRM

  • Intellectual Monopolies

    • WIPO Human Resources Report A “Whitewash” [Ed: officials there are thugs and crooks]

      The HRMD report from which this article is lifted presents a whitewashed and totally unrealistic picture of the current situation at WIPO.

      The International Federation of Civil Servants (FICSA) recently stated that « staff-management relations have deteriorated further as the WIPO Director General continues to push forward with his intended elections of a ‘new Staff Council’ even though members of the WIPO Staff Association recently (re)elected their representatives to serve on the Staff Council ». FICSA also went on to say that the Director General’s « new interpretation» of the relevant WIPO Staff Regulation allowing non-members to vote is « in total contradiction with the Organization’s interpretation and practice which has been in place since the conception of the Staff Association ».

      Convinced that this intervention by the executive head of the Organization is a violation of freedom of assembly and free speech, the WIPO Staff Council has filed an internal appeal and intends to take the matter to the Administrative Tribunal of the International Labour Organization if necessary. The WIPO Staff Association has the support of staff associations from all over the UN system. A recently issued Labourstart petition entitled « Stop union-busting and stop retaliation against whistleblowers at WIPO », has already obtained more than 5,400 signatures in support.

    • Copyrights

      • Scary Torrent Site Blocking Message Has to Change, Judge Rules

        The High Court of Bombay has clarified that simply viewing a pirated file won’t land people in jail. This question was raised after a blocking message shown by many Indian ISPs made this claim. The court ordered ISPs to show an updated message. In addition, providers should consider an ombudsman to prevent overblocking and other problems that may arise.

      • Anti-Piracy Groups Petition Clinton & Trump for Tough Copyright Laws

        Two leading anti-piracy groups have penned an open letter and Change.org petition calling on Clinton and Trump to adopt a tough approach to copyright law. Copyright Alliance and CreativeFuture, which count dozens of major studios and record labels among their members, say that protecting content is vital, no matter which party is in power.

      • Megaupload: Court Copy-Pasted U.S. Lawyers, Made Glaring Errors

        A New Zealand District Court made several major errors when it decided to grant the extradition of Kim Dotcom and his Megaupload colleagues, Dotcom’s lawyer said today. Noting that the judge copy-pasted extensively from lawyers working for the U.S. Government, he argues that there is absolutely no legal ground to extradite Megaupload’s founder.

      • SUPER-BREAKING: (Liberal) CJEU says that linking to unauthorised content is NOT a communication to the public unless one seeks financial gain and has knowledge of illegality

        This was a reference for a preliminary ruling from the Dutch Supreme Court. It had been made in the context of proceedings between Sanoma (the publisher of Playboy magazine) and GS Media, concerning the publication by the latter on a website that it operates (GeenStijl.nl) of hyperlinks to other websites hosting unpublished photographs of Dutch starlet Britt Dekker. These photographs were due for publication in a forthcoming issue of Playboy.

      • When ISPs Become Anti-Troll Advocates: Bahnhof Turns The IP Tables On A Copyright Troll

        Copyright trolls still plague the world, unfortunately. While many are the group and individuals that advocate against this form of legal extortion, nearly always built upon shaky evidence at best, too silent have been the ISPs that copyright trolls utilize to send out their settlement letters. For whatever reason, ISPs en masse have decided that it isn’t prudent to advocate for their clients. But not all ISPs behave this way. In Sweden, ISP Bahnhof, which we have written about previously for its client-friendly practices, is fighting back against one copyright troll on behalf of its customers in the best way possible: by turning the intellectual property tables back upon them.

        Sweden has recently become something of a target for copyright trolls, with Spridningskollen leading the charge. This group, the name of which translates into English as “Distribution Check,” uses data gathered by anti-piracy groups to send out the typical threat letters and settlement requests to people who have IP addresses accused of infringing on copyrighted material. A spokesman for Spridningskollen, Gordon Odenbark, insisted that his group’s work was necessary for both providing revenue to rights holders and, more importantly, to deter the general public from violating the intellectual property rights of others.

      • Austrian Courts Uphold Creative Commons License Terms — For Now

        Last week, Mike wrote about an important case involving one of the Creative Commons licenses. The fact that some 15 years after the CC movement started and the courts are still trying to bring legal clarity to the use of CC licenses is further proof that the law tends to lag far behind technology. Given their rarity, it’s interesting to see another recent case involving a CC license, this time in Austria, pointed out by Alan Toner on his blog.

        As the timeline (in German) of the events indicates, the story began in January 2014, when thousands of left-wing protesters demonstrated against a ball organized by the far-right Freedom Party of Austria (FPÖ), held annually in Vienna. Following attacks on property and the police during the protest, one person was arrested, and in June 2014 his trial began.

        The left-wing film collective Filmpiraten published a couple of short videos relating to the person involved. Shortly afterwards, the FPÖ used excerpts from the two Filmpiraten videos as part of a report published on its YouTube channel. The FPÖ video was released under the standard YouTube license, which claims full copyright in the material. However, both the Filmpiraten videos used a Creative Commons license — specifically, the BY-NC-SA license. Under its terms, others may use the material free of charge, but are required to release the resulting work under the same CC license.

09.07.16

Risk of Going Bankrupt for Foolishly Asserting Software Patents After Alice

Posted in America, Courtroom, Patents at 4:57 pm by Dr. Roy Schestowitz

Those who play with fire (software patents) die in a fire

Fire

Summary: Raniere needs to pay $1.1 million (legal fees of the defendants) in a patent lawsuit which he himself initiated, only to find that his software patents are a worthless pile of papers

EARLIER this year we noted that Jericho Systems threatened a resurgence of software patents at a time of sunset for them (they’re dropping like flies these days). “Jericho could be the next Alice,” Benjamin Henrion noted, pointing at “No. 15-1502 (Eligibility of Patent No. 8,560,836 under Section 101 – Abstract Idea)” though we very much doubt it will ever reach SCOTUS as Jericho Systems might hope. In fact, this latest SCOTUS roundup from Patently-O (published earlier today) suggests there will be no more tests regarding software patents. “Three eligibility cases are pending before the Supreme Court,” says the site. “Of these, the most interesting is likely Genetic Tech v. Merial.” As we noted yesterday, there is also one case regarding the eligibility of design patents. Still, nothing that can refute/annul Alice or even the Bilski case. What does it all mean? Well, expect a lot more software patents, once properly challenged, to die in a fire.

Another death has just been reported for several software patents, demonstrating that holders of such patents oughtn’t bother with software patents (neither application nor litigation). It’s not just a waste of money but it can cause tremendous financial damage to oneself, as this latest story illustrates. Raniere basically sued two large companies and now he needs to pay them a fortune (over a million bucks for an individual, putting aside his own legal bills). In other words, rather than them being the victims it is him who is the victim of his own reckless actions. It’s him who will pay the price for suing with software patents that are not even patent-eligible. This story has been covered by WIPR (behind a time-sensitive paywall). Yesterday it said that “Microsoft and telecoms company AT&T have been granted more than $1.1 million in attorneys’ fees after succeeding in a patent suit against an inventor. Keith Raniere had claimed that the companies had infringed his software patents in February last year. The patents concerned were US numbers 6,373,936; 6,819,752; 7,215,752; 7,391,856; and 7,844,041. The order was filed at the US District Court for the Northern District of Texas, Dallas Division, on September 2.”

This case shows that holders of software patents can be (self-)bankrupted if they choose to sue using software patents post-Alice. Also behind paywalls today we found this report from Law 360. It says that “A Texas judge Friday granted Microsoft Corp. and AT&T Inc. attorneys’ fees after the companies defeated an inventor’s suit claiming infringement of his software patents, saying the man’s litigation conduct “demonstrates a pattern of obfuscation and bad faith.”

“Keith Raniere filed suit against AT&T and Microsoft in February 2015, asserting the technology giants infringed upon five patents that he owned for technology covering network conferencing systems. (Credit: AP) In her 13-page ruling, U.S. District Judge Barbara M.G. Lynn determined the cases filed by plaintiff Keith Raniere…”

This happened in Texas, so it is a major warning sign to a lot of patent trolls. “Hopefully many more judgements like this to come,” an activist against software patents told me yesterday. Another person, one who is making excuses for the rocket docket of patent trolls (Texas), said “it depends on who owns the #swpats – if owned by corporate entity better chance they will survive & flourish – #patentdeform” (always brandishing the hashtag “#patentdeform” as if cracking down on patent troll is a horrible things).

So, as expected, a major win for opponents of software patents and more excuses from their proponents, like Daniel Henry in this case (his Twitter activity suggests he’s likely part of the patent litigation industry).

Not many sites have written about this case (at least not yet*) and software patent propagandists like IAM are just shedding tears for parasites that elevate the price of phones without actually making any (patent assertion firms). Well, next week they’re running a Webinar titled “Readying a Patent Portfolio for Sale: What You Need to Know to Be Successful” (often sold to trolls or patent assertion firms) and yesterday they noted that the “Beijing-based patent buying fund Ruichuan – the closest thing that China looked to have to an SPF – has recently gone private, after Zhigu, the firm that managed it, was absorbed into the IP department at consumer tech company Xiaomi.” SPF is a Sovereign Patent Fund and it typically achieves little more than enrichment of parasitic elements like patent lawyers — the same sort of people who bemoan the demise of software patents.
____
* They typically keep intentionally quiet when there’s bad news for them, instead cheering and shouting for weeks if not months when there’s good news for them (like Enfish). That’s the propaganda pattern of deception by omission or selective coverage.

Links 7/9/2016: Sony Microsoft Bundling Case, Torvalds’ ‘sh*t-for-brains stupid patch’

Posted in News Roundup at 3:46 pm by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

  • Desktop

    • Sony wins battle over preinstalled Windows in Europe’s top court [more comments]

      The sale of a computer equipped with pre-installed software isn’t an unfair commercial practice because most customers prefer to buy a laptop they can use straight away, Europe’s top court has ruled in a victory for Sony.

      “Failure to indicate the price of each item of pre-installed software” isn’t misleading, the Court of Justice of the European Union added in its ruling (PDF) on Wednesday.

  • Server

    • Spark Comparison: AWS vs. GCP [Ed: False dichotomy, as if giving all your processing, bandwidth data etc. to the US government is inevitable]

      There’s little doubt that cloud computing will play an important role in data science for the foreseeable future. The flexible, scalable, on-demand computing power available is an important resource, and as a result, there’s a lot of competition between the providers of this service. Two of the biggest players in the space are Amazon Web Services (AWS) and Google Cloud Platform (GCP).

  • Kernel Space

    • Linux 4.9 To Begin Landing Nouveau “Boost” Support For Faster Performance

      Great news for users of the open-source NVIDIA “Nouveau” graphics driver: the long-awaited boost patches are now queued up to land with Linux 4.9.

      The boost patches are about allowing the Kepler and newer graphics cards to achieve their “boost” frequencies, rather than their highest standard clock frequencies. With being able to hit these upper frequency thresholds, the performance should be more competitive with the proprietary driver. I tested the earlier version of these patches months ago and found great improvements: Nouveau “Boost” Patches Show Much Performance Potential.

      Ben Skeggs finally began pulling the work and is now in the Nouveau repository for then being sent into Linux 4.9 via DRM-Next.

    • Linux 4.9 Planned As The Next LTS Kernel

      Greg Kroah-Hartman announced he’s planning on Linux 4.9 to be the next long-term supported kernel that he will maintain for a period two years.

    • 2016 LiFT Scholarship Winner Luis Camacho Caballero: Preserving Amazon Languages with Linux

      Luis Camacho Caballero is working on a project to preserve endangered South American languages by porting them to computational systems through automatic speech recognition using Linux-based systems. He was one of 14 aspiring IT professionals to receive a 2016 Linux Foundation Training (LiFT) scholarship, announced last month.

      Luis, who is from Peru, has been using Linux since 1998, and appreciates that it is built and maintained by a large number of individuals working together to increase knowledge. Through his language preservation project, he hopes to have the first language, Quechua, the language of his grandparents, completed by the end of 2017, and then plans to expand to other Amazonian languages.

    • Next steps for Gmane

      We’ve rebuilt the storage system using ElasticSearch as the document store. We have used it for many projects and have nothing but a good. The site is currently a mixture of Python and PHP, the priority has been given to get the original functionality back in place; then work with the community to decide which of the Gmane interfaces are relevant and what we need to change to bring it up-to-date.

      We’ll do our utmost to continue in Lars’ footsteps, his hardwork and dedication to maintain this valuable Internet resource.

      Thank you Lars for the hardwork that you’ve put into Gmane over the past nearly two decades, all of the Gmane users are greatful to you!

    • Audio workshop accepted for Linux Plumbers Conference and Kernel Summit

      Audio is an increasingly important component of the Linux plumbing, given increased use of Linux for media workloads and of the Linux kernel for smartphones. Topics include low-latency audio, use of the clock API, propagating digital configuration through dynamic audio power management (DAPM), integration of HDA and ASoC, SoundWire ALSA use-case managemer (UCM) scalability, standardizing HDMI and DisplayPort interfaces, Media Controller API integration, and a number of topics relating to the multiple userspace users of Linux-kernel audio, including Android and ChromeOS as well as the various desktop-oriented Linux distributions.

    • Mainline Explicit Fencing – part 1
    • Linux Kernel 3.12.63 LTS Has MIPS and Radeon Improvements, EXT4 and CIFS Fixes

      Today, September 6, 2015, Linux kernel developer Jiri Slaby announced the release and immediate availability of the sixty-third maintenance update to the long-term supported Linux 3.12 kernel series.

    • Linux 4.7.3

      I’m announcing the release of the 4.7.3 kernel.

      All users of the 4.7 kernel series must upgrade.

    • Linux 4.4.20
    • Linux 3.14.78
    • Linus Torvalds won’t apply ‘sh*t-for-brains stupid patch’

      Add another Linus Torvalds swearing incident to his long list of linguistic indiscretions. The Linux lord has unloaded on proposed new code in typically robust language.

      “I call BS”, Torvalds’ post opens. “Let me be very clear. I’m not applying that shit-for-brains stupid patch, and will not be pulling it unless somebody tricks me into it.”

      He’s got a point: his post goes on to ask why Andersson is asking him to approve code when it would mean “… a distribution is distributing the driver without the firmware”.

      Torvalds asks “what the hell is the point of such a thing” and concludes the post by saying “Stop pushing this shit.”

    • Linux creator Torvalds has another expletive-filled rant at the community

      LINUX FOUNDER Linus Torvalds has unleashed a foul-mouthed rant at a contributor over a piece of code with which he fundamentally disagrees.

      Torvalds, usually a complete wallflower who never uses colourful language or sarcasm in any way shape or form, has repeatedly told the community that he is not willing to consider tying firmware and driver modules together in a single unit.

      He was pushed on the issue yesterday with this comment: “Nobody has actually answered the ‘why don’t we just tie the firmware and module together?’ question.

    • Limited number of LPC registrations available starting September 8
    • New Members Strengthen Automotive Grade Linux Security and Software Capabilities

      Automotive Grade Linux (AGL), a collaborative open source project developing a Linux-based, open platform for the connected car, today announced that AutoIO Technology, Irdeto, Link Motion, Pocket Soft, sdtech and Synopsys have joined The Linux Foundation and Automotive Grade Linux.

    • How blockchain will disrupt your business

      Like mobile and cloud, blockchain — first implemented in the original source code of bitcoin in 2009 — stands poised to profoundly disrupt business. If it lives up to its promise, it won’t just be financial institutions that are disrupted.

      “If you can transfer money or something of value through the internet just like another form of data, what else can you do with it? It provides a way to establish trust in the digital world,” says Angus Champion de Crespigny, Financial Services Blockchain and Distributed Infrastructure Strategy Leader, Ernst & Young. “How do you ensure something is the original copy of something on the internet? Prior to blockchain technology, you couldn’t.”

      “If you want to prove something happened in the digital world, there is no more secure place to do that,” he adds. “Once information is recorded on there, it is, for all intents and purposes, impossible to go back and retroactively change that. When there are such drastic new technologies that emerge, it isn’t just a matter of looking at your business and thinking how this technology is going to make your business more effective. What you should be doing is considering that maybe your business isn’t structured correctly for this new world.”

    • Graphics Stack

      • Improved Tear-Free Rendering For Radeon DDX With PRIME

        For those making use of the xf86-video-ati DDX driver in a PRIME-capable system with Radeon GPU, there’s more effective tear-free rendering support with the latest development code.

      • A Mesa Fix Lands To Take Care Of The R9 290 Issue, Intel/Radeon Performance Problems

        A fix landed in Mesa Git today that should address various performance issues people have been seeing in different rare setups. The fix mostly seems to be for Radeon/Intel users seeing low performance recently with glxgears but also appears to help those affected by the much talked about R9 290 regression.

        The fix by Michel Dänzer is loader/dri3: Always use at least two back buffers. Michel commented on the simple change, “This can make a significant difference for performance with some extreme test cases such as vblank_mode=0 glxgears.”

      • Arcan Open-Source Display Server Continues Progressing As Alternative To Wayland, Mir

        A few months back I wrote about Arcan: A New Open-Source Display Server Built Atop A Game Engine.

      • Wayland/Weston 1.12 Release Candidate Arrives

        Bryce Harrington announced the release candidates on Tuesday for the upcoming Wayland 1.12 and Weston 1.12 compositor releases.

        Over the earlier development builds, Wayland 1.11.93 simply has a documentation fix and a test case fix. Weston 1.11.93 meanwhile has just a handful of fixes to different parts of that compositor playground.

      • Vulkan 1.0.26 Released
    • Benchmarks

      • 7-Way Linux Distribution Benchmarks To Kick Off September

        In testing out a new Broadwell-EP system as well as for final validation of the new Phoronix Test Suite 6.6, I carried out a fresh Linux OS distribution comparison last week. Here are those results from Ubuntu, Clear Linux, Scientific Linux, openSUSE Tumbleweed, Fedora, Antergos, and Sabayon Linux.

  • Applications

  • Desktop Environments/WMs

    • K Desktop Environment/KDE SC/Qt

      • KDE is 20, Flash Lives, Deep Web Distros

        It was twenty years ago in 1996 that KDE was first announced. The project is celebrating with a new book. Elsewhere, Abode announced they’ve updated the old Netscape Flash plugin and said that development would continue. JP Buntinx recommended some distributions for the “darknet” and a new Linux usermode rootkit was described by anti-virus company Trend Micro.

      • Advanced Search and Replace with the Kate Text Editor

        The powerhouse Kate text editor has advanced search-and-replace, including support for escape sequences and regular expressions, so you can make complex corrections without leaving your document.

        The Kate text editor is my favorite and has been my main workhorse for years. Kate has a lot of great features and is friendly to both touch-typing and pointy-clicky. It doesn’t quite have the eleventy-million features of Vim or Emacs, but then you don’t need the dexterity of a concert pianist to use it, either. I think it is the most user-friendly of the powerhouse text editors.

      • KDE Neon dev/unstable switching to Wayland by default

        During this year’s Akademy we had a few discussions about Wayland, and the Plasma and Neon team decided to switch Neon developer unstable edition to Wayland by default soonish.

        There are still a few things in the stack which need to be shaken out – we need a newer Xwayland in Neon, we want to wait for Plasma 5.8 to be released, we need to get the latest QtWayland 5.7 build, etc. etc.

      • KDE Neon Developer OS Switches To Plasma Wayland By Default

        KDE developers have decided to switch to Wayland by default for KDE Neon’s unstable/developer OS.

        KDE Neon, of course, is the project providing daily spins of the bleeding-edge Ubuntu packages atop Ubuntu. Now moving forward with the new developer/unstable packages is the usage of KDE Plasma on Wayland by default.

      • Plasma 5.8: More efficient Pager and Activity Pager widgets

        On the heels of the Plasma 5.7′s new Task Manager backend, the upcoming Plasma 5.8 LTS release will sport substantially rewritten Pager and Activity Pager widgets, aimed at improving efficiency and conserving resources in a typical Plasma Desktop setup.

      • The Past and the Immediate of the Future, For Your Perusal

        Finally, things were moving again, and store.kde.org was born!

      • From Br-Print3D to Atelier

        Soon, it will be set up the KDE repositories for this project and more news is coming.

      • Wiki, what’s going on? (Part 12-Akademy Day1)
      • Wiki, what’s going on? (Part 13-Akademy Day2)
      • Gsoc 2016 Final
      • Day 4 at Akademy / QtCon 2016
      • Day 5 at Akademy 2016
      • KDE Neon Linux Developer Edition to Use Wayland by Default for KDE Plasma 5.8

        The revolution has started, and it looks like the next-generation display server, Wayland, is here to stay, being adopted by more and more GNU/Linux distributions every month.

      • Krita 3.0.1: new features and bug fixes

        Krita 3.0.1 is the first release after Krita 3.0. With the new release schedule we’re trying to release every six weeks, with a combination of new features and bug fixes. This release already contains the first results of the 2016 Google Summer of Code projects, as well as kickstarter-funded features, the work of new contributors Eugene Ingerman, Nishant Rodrigues, Miroslav Talasek and Laurent Jospin and the work from students mentored by Dmitry: Grigory Tantsev and Alexey Kapustin.

      • Krita 3.0.1 Digital Painting App Arrives with New Threshold Filter, Many Changes

        Today, September 6, 2016, a new version of the Krita open-source digital painting software has been released, build 3.0.1, and it’s the first bugfix and feature release for the major Krita 3.0 series.

        Release highlights of Krita 3.0.1 include the ability to tweak the Brush settings in the pop-up palette, soft proofing support, which lets you see how your artwork will look like when its converted to CMYK (Cyan-Magenta-Yellow-Black), as well as various improvements to the mirror tools by adding extra options.

      • Trying Out The FreeBSD-Powered TrueOS With Its Custom Qt Desktop

        While I’ve been running PC-BSD on some systems for years I hadn’t tried out any of its rolling-release FreeBSD 11.0-based spins under the new TrueOS brand nor had I tried out the project’s Qt-based Lumina Desktop Environment since it reached 1.0.

      • KDE neon Goes Wayland, Kubuntu Still Alive, Dev Distros

        Martin Gräßlin, KDE’s KWin expert, today blogged that KDE Plasma show-horse neon would soon be defaulting to Wayland in the unstable branch. Folks using the unstable will probably need to be aware of the change. What’s unstable today will be stable tomorrow, so some folks wondered how this decision might affect NVIDIA users. Gräßlin said in the comments that NVIDIA hardware will still default to X. He added in another comment that Wayland will be the default, but not exclusive, graphic server. Another asked if NVIDIA is planning on supporting Wayland and a discussion at Phoronix several weeks ago indicated that NVIDIA has been mum on the subject for quite a while. The general consensus was NVIDIA has lost interest in supporting Wayland.

      • Kubuntu Alive and Thriving at KDE Akademy

        Having come a quarter away around the world in part to meet up with my Kubuntu colleagues, it was surprising to hear that some people thought (at a KDE meeting?) that Kubuntu is dead.

        Not a chance. We’re having elections right now for some Kubuntu Council positions that end this year. We have four candidates for three positions, which seems very healthy to me. By the way, if you are a Kubuntu Member and have not gotten your ballot, please contact Aaron Honeycutt, since the vote closes on the 12th of September.

        We ended up meeting for more than 4 hours plus lunch yesterday, the first day of BoF meetings. Then Phil had to leave, which still seems sad, as we all miss his gentle, kind wisdom and humor.

        During the meeting, we accomplished a great deal, mostly cleaning out the Trello. We now have one and only one board, which has been mostly evaluated card by card, commented, and tagged. We hope that this will make it much easier to find a task to work on when you have a bit of spare time. If you have a login to Trello, but need inviting to the board, please check with someone in #kubuntu-devel Freenode IRC. Feel free to create cards when needed, and assign yourself and someone else to it. Many of the items on our Wishlist contain things we really do want, but do not have the time or skills to do. So pitch in as you can.

      • KDE Store presentation video online

        The QtCon / Akademy organizers have published the videos of last weekend’s conference presentations.

    • GNOME Desktop/GTK

      • Orca Screen Reader App Updated for GNOME 3.22 with More LibreOffice Improvements

        The Orca open-source screen reader and magnifier utility used by default in many GNU/Linux distributions, especially those running the GNOME desktop environment, has received a major update recently.

        The fact of the matter is that we’re talking about Orca 3.22, which is currently under massive development as part of the upcoming GNOME 3.22 desktop environment, due for release on September 21, 2016, and it a Beta 2 milestone had been pushed to public testers a few days ago.

      • Wrapping up user experience testing

        This is a follow-up to my other item about wrapping up Outreachy. Diana posted part two of her analysis from first-time GNOME user experience testing.

        In this test, Diana asked testers to simulate an “unboxing” of a new system. The tester logged in to GNOME using a fresh “test” account so they get the first-time user experience. After allowing each tester to explore GNOME via three broad scenario tasks, Diana asked them to rate their reaction to GNOME using emoji, and followed up with several interview questions.

      • Writing GStreamer Elements in Rust (Part 2): Don’t panic, we have better assertions now – and other updates
  • Distributions

  • Devices/Embedded

    • Tiny $7 IoT module packs WiFi, BLE, and sensors, runs FreeRTOS

      SeeedStudio’s “ESP3212” COM taps Espressif’s IoT-focused ESP32 follow-on to the ESP8266 SoC, which uses a faster Tensilica LX6 MCU and adds BLE and sensors.

      Espressif’s highly integrated and highly anticipated ESP32 follow-on to its popular ESP8266 wireless system-on-chip is now shipping. It’s available as part of a tiny SeedStudio ESP3212 computer-on-module, as well on Espressif’s own, slightly larger ESP-WROOM-32 reference design board and more expansive ESP32 Development Board.

    • Arduino Open Source Platform Fuels IoT and Farming’s Future

      Arduino, the world’s leading open-source software and hardware ecosystem, is being used to power Farmbot, the revolutionary farming robot that is built fully on open source. Farmbot is a computer numerical control (CNC) farming machine and software package for small scale, hyper local, DIY food production. It is controlled by and Arduino RAMPS stack and connected to the Internet using Raspberry Pi 2. The platform is designed to be simple, scalable, hackable, and easily made.

      “The applications that are fueling the IoT market are astonishing, and open source technology is playing a big role in it,” said Federico Musto, CEO of Arduino S.r.L. “Predicted to become a $6 trillion market by 2021, the IoT market is starting to take shape with advancements in wearables, healthcare, smart homes and cities, law enforcement, automotive, and, of course agriculture. We are proud to be a part of Farmbot, and look forward to continuing to fuel IoT deployments.”

    • Phones

Free Software/Open Source

  • 10 Open Source Tools for DevOps

    To be sure, the list of open source tools for DevOps is growing. Why? Because DevOps itself is growing, and open source is a natural choice for this development methodology.

    First coined around 2009, the term DevOps refers to an approach to IT that emphasizes collaboration between the development and operations groups. It arose out of the agile software development movement and applies some of the same principles to the application lifecycle management (ALM) process. DevOps is difficult to define because it’s more of a movement or a philosophy than a rigid set of rules or practices. Organizations that employ DevOps are characterized by a high degree of cooperation, few internal “siloes,” heavy use of automation, continuous testing and integration, and faster development and deployment of applications.

    In the time since DevOps was first imagined, its popularity has increased tremendously. In fact, a RightScale survey found that 74 percent of organizations and 81 percent of enterprises say they are using DevOps.

  • Why Pixar open sourced its 3D graphics technology

    Pixar Animation Studios has open sourced its Universal Scene Description (USD) technology. USD is an extremely powerful toolset that helps filmmakers in reading, writing, editing, and rapidly previewing 3D scene data.

    “USD is the core of Pixar’s 3D graphics pipeline, used in every 3D authoring and rendering application, including Pixar’s proprietary Presto animation system,” according to Pixar.

    USD is aimed at performance and large-scale collaboration among many artists that makes it ideal for the complex modern pipeline, allowing dozens of creative people working on the same project.

    One of the most notable features of USD is Hydra, a high-performance preview renderer capable of interactively displaying large data sets.

    Pixar engineers gave a live demo of USD at SIGGRAPH 2016, International Conference and exhibition on Computer Graphics & Interactive Techniques. The demo shows real time rendering capabilities of USD technologies.

  • Why open source matters to the IoT market

    By using open source IoT app standards, Indian entrepreneurs will be able to sell their IoT apps globally. App store customers can run these apps on any type of enterprise or industrial hardware. India’s software industry is uniquely positioned to benefit from IoT. India can combine low-cost, innovation and revenue generation in any future IoT solution. IoT is the next big thing, and India should do everything possible to drive it.

  • Google’s Fuchsia OS is out in the open and shrouded in mystery

    Google is developing a new operating system named Fuchsia, and the early source code is already public. Google itself and Fuchsia’s developers haven’t explained what the OS is for—but we can dig into the source code to learn more.

  • Student’s open source project takes him around the world

    I discovered open source software while I was a student at the University of Lomé in Togo in 2004. From that very first day, I was in love with the philosophy and knew this would be a big part of my life.

    I joined the National Open Source Users Association (ATULL) and became an active member. Then, as a student, I created an open source web application for the managing of college activities, and it won 3rd place at the African Conference on Open Source Software in Morocco in 2007. Thanks to the award, I got a first class ticket from the Francophonie International Organization to attend the Open Source Software World Meeting in 2008.

  • Events

    • MEDIA ADVISORY: Open Source NFV Project to Host 2017 Summit in Beijing

      The OPNFV Project, a carrier-grade, integrated, open source platform intended to accelerate the introduction of new products and services using Network Functions Virtualization (NFV), today announced the 2017 OPNFV Summit will be held in Beijing, China, June 12-15, 2017 at the JW Marriott Beijing. The Summit provides an opportunity to reach the innovative communities, developers and companies transforming the networking industry through open source NFV.

      Registration for the 2017 OPNFV Summit is available here. Those interested in sponsoring the event can find more details here. Additional information, including the Call for Proposals, agendas and co-located events will be available in the coming months, so check the OPNFV Summit website for updates.

  • SaaS/Back End

    • Testing the Right Things with Docker

      Fast and efficient software testing is easy with Docker, says Laura Frank of Codeship, who will be presenting a talk called “Building Efficient Parallel Testing Platforms with Docker” at LinuxCon + ContainerCon Europe next month.

    • OpenStack Summit in Barcelona will be Last Design Summit

      Since my first OpenStack Summit back in San Diego in 2012, there has been one unique defining characteristic that made the event different than any other in the technology world – the event was where developers and users all gathered in the same place.

  • Databases

    • Tesora Teams with Red Hat on OpenStack-based Database as a Service

      As the OpenStack cloud computing arena has spread out, a whole ecosystem of tools has been growing along with it. Tesora, familiar to many as the leading contributor to the OpenStack Trove open source project, has focused very heavily on Database-as-a-Service tools for OpenStack deployments. It has also pursued partnerships. For example, Tesora has a partnership with OpenStack heavy-hitter Mirantis. The company has made available the first ever plug-in to automate configuration and deployment of its database as a service (DBaaS) platform with Mirantis OpenStack.

  • Oracle/Java/LibreOffice

    • ​OpenOffice is dead. Long live LibreOffice

      If you read some stories about how OpenOffice is reaching the end of the road, you might think OpenOffice was becoming insecure. That’s half true. OpenOffice doesn’t have the programmers it needs to be safe. That’s because all its good developers moved to its fork, LibreOffice, years ago. LibreOffice is as safe as any program can be.

    • OpenOffice: Retirement Talk is Underway Online

      In case it isn’t clear, the situation looks dire for OpenOffice. Meanwhile, The Document Foundation recently announced the releases of LibreOffice 5.2 and 5.1.5. LibreOffice 5.2, and LibreOffice is gaining much traction with new levels of compatibility with mainstream office applications. We will follow up on the OpenOffice debate shortly.

    • Community conference starts with 10th release of LibreOffice in 2016

      The Document Foundation (TDF) has celebrated the opening session of LibOCon with the announcement of LibreOffice 5.2.1, the first minor release of the LibreOffice 5.2 family.

      LibOCon is a showcase of the project activity, and will feature over 60 talks in three days, covering development, QA, localization, ODF, marketing, community and documentation, a business session in Czech focused on large deployments of LibreOffice, and a meeting of the Open Source Business Alliance (OSBA).

      Details of the conference, including the program and collateral activities such as the traditional “hacknight” – a hands-on session where developers hack over food and drinks – are available on the event website: http://conference.libreoffice.org.

  • Pseudo-Open Source (Openwashing)

  • BSD

    • FreeBSD Now Has A Port For CentOS 7 Binary Support

      We’ve known for a while that FreeBSD has been working on a CentOS 7 compatibility layer while now that work has finally landed in FreeBSD ports.

      As of yesterday, linux_base-c7 landed in ports for installing the CentOS 7 base packages. This will allow running newer Linux binaries built for modern CentOS/RHEL 7 era systems on FreeBSD, assuming the source isn’t available or isn’t compatible natively with FreeBSD. Previously CentOS 6 was the default port used for this Linux binary compatibility with FreeBSD.

  • Public Services/Government

    • The Sun slams Corbyn for advocating ‘open source’ software, but uses it for its own website

      Its true that hackers in other countries can identify vunerabilities in open source software.

      But they can also hack proprietary software like Microsoft Windows.

      But with open source software – where all the underlying code is open so people can look at it, suggest changes and improve on it – at least problems can be quickly patched up.

      Moreover open source software can be more powerful, cheaper (good news for taxpayers!) and reliable!

      After all, the Sun uses it too. They run their website on WordPress – the open source blog software.

      Did they think we wouldn’t notice?

  • Openness/Sharing/Collaboration

  • Programming/Development

    • A Git Workflow for Humans

      The following paragraphs will define the most simple and minimal approach which is a base case of how this workflow works, the extensions paragraph defines some extensions which help you dealing with several common usecases. You will likely end up using the base workflow with one or two extensions.

    • Stepsize brings AI to DevOps: contextualised code is smarter

      Stepsize is a UK startup focused on developer tools. The firm is aiming to put a degree of Artificial Intelligence (AI) into DevOps. Stepsize Layer is a desktop application for developers that automatically adds context to code bases. It does this by hooking up tools used to develop software, structuring historical data and attaching this to the piece of code.

    • Why I love these markup languages

      Around this time last year, I wrote a brief introduction to various markup languages for this column. The topic of language selection has come up several times recently, so I thought it might be time to revisit the subject with my biases more overt. I’m here to explain why I prefer the languages I do, not to prescribe anything for you. After all, I’m no doc-tor.

    • LEGO Mindstorms programming with ev3dev

      I was introduced to LEGO Mindstorms eighteen months ago while applying for a STEM grant at a local library. LEGO Mindstorms are kits to create customizable, programmable robots

    • Confronting Jargon

      Throughout my software engineering career, I’ve struggled with and against jargon. Intellectually, I understand jargon as a set of specialized terms meant to facilitate smooth and precise communication, particularly in a professional context. It binds groups together: it’s the secret handshake, the side-long wink, the showing that yes, you’re in the club too, you belong. Experientially? I know the ways jargon can keep you out as you feel along, grasping for knowledge in the dark.

    • LLV8 Is An Experimental LLVM Compiler For V8 JavaScript
    • Open-Source OCaml to JavaScript Compiler BuckleScript Hits 1.0

      BuckleScript 1.0 brings almost full compatibility with OCaml features and an improved FFI with the aim of avoiding writing unsafe JavaScript stubs. InfoQ has spoken with Bloomberg’s Hongbo Zhang, BuckleScript creator at Bloomberg.

    • Runtime CSS styling for SWT
  • Standards/Consortia

    • Z-Wave Specifications Go Open-Source

      The company responsible for drafting the Z-Wave home networking standard has made certain parts of the technology publicly available.

      In an attempt to lure hardware and software developers to the standard, Sigma Designs last week released a public version of Z-Wave’s interoperability layer, which ensures that devices ranging from door locks to security cameras can share information.

      The company has added the software to Z-Wave’s open-source library. The code represents the “language” that defines how devices from different manufacturers talk to each other, said Raoul Wijgergangs, vice president of Sigma Design’s Z-Wave business. That makes it easier for home owners to connect devices with an internet gateway and control them remotely using a phone, computer, or tablet.

Leftovers

  • Typo made Air Asia X flight land at Melbourne instead of Malaysia

    Finger trouble with onboard navigation systems led to an Air Asia flight making a two-hour internal hop in Australia before its scheduled journey to Malaysia.

    An investigation report by the Australian Transportation Safety Bureau (ATSB) into the March flight disclosed the cockup, which it said was down to the A330′s captain “inadvertently enter[ing] the wrong longitudinal position of the aircraft.”

    He had copied down the aircraft’s position co-ordinates from a sign displayed at the airport terminal gate while initialising the Airbus’ systems. Instead of entering 15109.8 east (i.e. 15˚ 19.8′ east), the captain entered 01519.8, resulting in “a positional error in excess of 11,000 km.”

  • British Airways apologises to delayed passengers

    British Airways has apologised to passengers facing delays after an IT glitch affected check-in desks.

    Passengers complained of delays at check-in and at the baggage drop, and on the tarmac waiting for take-off.

    The airline said passengers were able to check in at Heathrow and Gatwick Airports “although it is taking longer than usual”. It advised passengers to check in online.

    “We are sorry for the delay to their journeys,” BA added.

    There was further disruption for passengers at London City Airport on Tuesday after, police said, protesters “locked themselves together” on the runway.

    BA encouraged customers affected by the IT problems to check in online before they reached the airport. It told customers that some flights had been cancelled on Monday “due to operational reasons” but that specialists were “working to resolve this issue”.

  • Science

    • The critical role of systems thinking in software development

      Software applications exist to serve practical human needs, but they inevitably accumulate undefined and defective behaviors as well.

      Because software flaws are often left undiscovered until some specific failure forces them to the surface, every software project ships with some degree of unquantified risk. This is true even when software is built by highly skilled developers, and is an essential characteristic of any complex system.

  • Health/Nutrition

    • UNITAID Issues Call For Solutions To Overcome IP Barriers

      UNITAID, the drug financing mechanism, has put out an appeal calling for ideas on solutions to overcome intellectual property barriers that may be preventing progress in public health. The deadline for submissions is coming near.

  • Security

    • Security advisories for Monday
    • Wednesday’s security advisories
    • Stealthy, tricky to remove rootkit targets Linux systems on ARM and x86 [Ed: IDG covers this nonsense from Trend Micro (not a real risk, just the name Pokémon for better headlines])
    • You can’t weigh risk if you don’t know what you don’t know

      If any of us have ever been in a planning meeting, a variant of this has no doubt come up at some point. It came up for me last week, and every time I hear it I think about all things we don’t know we don’t know. If you’re not familiar with the concept, it works a bit like this. I know I don’t know to drive a boat. But because I know I don’t know this, I could learn. If you know you lack certain knowledge, you could find a way to learn it. If you don’t know what you don’t know, there is nothing you can do about it. The future is often an unknown unknown. There is nothing we can do about the future in many instances, you just have to wait until it becomes a known, and hope it won’t be anything too horrible. There can also be blindness when you think you know something, but you really don’t. This is when people tend to stop listening to the actual experts because they think they are an expert.

    • New release: usbguard-0.6.0

      Another milestone behind us. The 0.6.0 release brings the promissed CentOS/RHEL 7 compatibility. This means that our Copr EPEL-7 repository as well as Fedora’s EPEL-7 repository will now provide the latest versions of USBGuard. Check it out!

      One more very good piece of news is that USBGuard was accepted in Debian and is available in Sid (unstable). A big thanks goes to Muri Nicanor and others involved in this packaging effort!

    • StartSSL customers, it is time to leave. Now!

      While listening to the Security Now podcast, I have listened first with amusement then with horror to Steve reading email from Mozilla about the security problems with WoSign CA.

      Their list of woes is long, read the linked email for details, but one thing turned up during the email which I was not aware of: StartCom (owner of the StartSSL certificate authority) was apparently recently bought by WoSign CA! Apparently one of the security bugs StartSSL has (had?) was that with properly modified POST request (yes, I guess you can do it in the Developer Tools of your Firefox) you can get certificate linked to the root ceritificate “CA 沃通根证书” (or “WoSign CA Free SSL Certificate G2” with another value of the parameter). Awesome!

      What’s even more interesting is that I am a paying customer of StartSSL CA and I have never been made aware of the change of ownership. The only other mention of the possible change of ownership I found was on the Wikipedia page, which linked to the blogpost, which is now unavailable due to “legal review of the site” […]. Even better!

    • Debian GNU/Linux Fixes Dangerous TCP Flaw In New Update
    • Why Security Performance Will be Key in NFV

      There is growing evidence that the data center is driving toward a more software-centric security model that will be core to network functions virtualization (NFV) and software-defined networking (SDN) technology. This new model means that security performance in NFV will be key.

    • How to enable server-side encryption in Nextcloud

      Out of the box, Nextcloud servers do not run with server-side encryption. Follow these steps to enable an extra layer of security for Nextcloud.

    • Umbreon rootkit targets Linux on x86, ARM [Ed: nonsensical marketing hype from Trend Micro]
    • Pokemon Themed ‘Umbreon’ Rootkit Hides In Linux Systems
    • Taking umbrage at Umbreon, the Linux rootkit that likes to hide
    • Linux rootkit, named for Pokémon’s Umbreon, targets Linux
  • Defence/Aggression

    • New leaked files reveal more about NSA satellite eavesdropping

      Newly published documents from Edward Snowden have shed more light on American surveillance operations in the UK.

    • Video: Inside Menwith Hill – NSA spy base in UK used for ‘kill or capture’ missions

      Leaks by NSA whistleblower Edward Snowden have revealed how his former employer used the US spy base at Menwith Hill in Yorkshire to conduct ‘kill or capture’ missions in its global shadow war.

    • The NSA Abroad: The UK Base That Makes US Targeted Killing Possible

      In a damning exposé published Monday, The Intercept reporter Ryan Gallagher dives into the inner workings of National Security Agency’s (NSA) largest overseas spying base, the U.K.’s Menwith Hill Station, and reveals concrete evidence that the British government is complicit in the United States’ targeted killing program.

      Citing top-secret documents obtained from NSA whistleblower Edward Snowden, Gallagher reports, “The files reveal for the first time how the NSA has used the British base to aid ‘a significant number of capture-kill operations’ across the Middle East and North Africa, fueled by powerful eavesdropping technology.”

      And given the British government’s repeated assertion that activities at Menwith Hill “have always been, and continue to be” carried out with its “knowledge and consent,” the findings are all the more damning.

      “For years, Reprieve and others have sought clarification from the British government about the role of U.K. bases in the U.S. covert drone program, which has killed large numbers of civilians in countries where we are not at war,” Kat Craig, legal director of London-based human rights group Reprieve, told The Intercept. “We were palmed off with platitudes and reassured that any U.S. activities on or involving British bases were fully compliant with domestic and international legal provisions. It now appears that this was far from the truth.”

    • NSA leaks show US spooks use UK base to launch ‘kill-capture’ missions

      Leaks by NSA whistleblower Edward Snowden have revealed how his former employer used the US spy base at Menwith Hill in Yorkshire to conduct ‘kill or capture’ missions in its global shadow war.

      The new files published by the Intercept partly lay to rest speculation by journalists and campaigners over what really goes on at the US base.

      They show that secretive NSA kill-capture operations in the Middle East have been developed and initiated from inside the base’s heavily guarded perimeter wire.

    • New Snowden leaks unravel mystery behind NSA’s UK base

      Just when you thought you couldn’t be shocked by the NSA’s snooping anymore, new leaked documents show the agency’s reach extends far beyond American borders.

    • Philippine President Sorry, Not Sorry He Cursed Obama for Criticism of His Killing Spree

      In a statement released on Tuesday, Philippine President Rodrigo Duterte said that he was sorry — not for calling President Barack Obama a “son of a whore,” but that “it came across as a personal attack on the U.S. president.”

      The contorted apology, read to reporters at the Association of Southeast Asian Nations forum in Laos by Duterte’s spokesperson, Ernie Abella, came after Obama responded to the slur by canceling a meeting with the new leader that had been scheduled for Tuesday.

      Duterte, whose first months in office have been marked by nearly 3,000 killings in a campaign of extrajudicial assassinations of suspected drug dealers and addicts carried out by the police and death squads, launched into a profanity-laced tirade against Obama on Monday when asked by reporters how he would respond to criticism of the killing spree from the American president.

    • Karimov Family Values

      Twelve years ago President Karimov jailed his own nephew, Jamshid Karimov, for the “crime” of writing an article in a state publication which suggested modest improvements to his uncle’s economic policies. Like other prominent dissidents, young Karimov ended up chained to a bed in a psychiatric ward being pumped mind altering drugs to re-educate him.

    • Dissecting the Propaganda on Syria

      The American public is so inundated with propaganda on the Syrian conflict that a rational policy that could minimize the death toll is almost impossible to formulate, a problem addressed by Rick Sterling.

    • 5-key insights on the Syrian conflict via Hillary’s email and the Stratfor Wikileaks
    • Hillary Clinton Thinks Real-World Military Responses To Hacking Attacks Are A Nifty Idea

      Again, you’ll note that the United States is portrayed as an innocent and noble defender of cybersecurity freedom, when it’s the one often engaging in frequently-unprovoked attacks the world over. Of course, Clinton and friends are well aware that the vast majority of the time it’s impossible to know where an attack came from, and any hacker worth his or her salt simply doesn’t leave footprints. That makes a real-world military or economic response to a nebulous, usually-unprovable threat simply idiotic. You’d assume Clinton knows this and was just doing some light pandering to the audience.

      But this rhetoric alone is still dangerous in that it opens the door wide to using hacking — much like communism and Islamic extremism and numerous “isms” before them — as a nebulous, endlessly mutable justification for a litany of bad US behavior. You could, for example, covertly hack a government, publicize its hacking response to your hack, using the press to help you justify military action. Given the US and global media’s historical complicity in helping governments begin wars with jack shit for evidence, it shouldn’t be hard to see how hacking is going to be a useful bad policy bogeyman du jour for decades to come.

      Despite some repeated, painful lessons on this front stretching back generations, forcing the government to show its math before it resorts to violence is simply not the US media’s strong suit. And with hacking and cybersecurity being subjects the press and public are extra-violently ignorant about, we’ve created the opportunity for some incredible new sleight of hand when it comes to framing and justifying US domestic and international policy. If history is any indication, by next time this year we’ll be blaming everything under the sun on Russian hackers because after all, two anonymous senior government officials said so.

      Healthy skepticism will be our ally as we stumble down the rabbit hole. While it’s no surprise that Russia, like the United States is deeply-involved in nation state hacking, you’ll note that actual evidence linking the Putin Administration to the recent rise in US hacking attacks remains fleeting. Most reports simply cite a single anonymous US government source, or security firms with a vested interest in selling services and products. That’s not to say Putin and friends aren’t busy hacking the US, but whether a country is responding to similar attacks by the United States (pdf) — or is actually involved at all — is rather important to transparently document before you begin trotting out awful new policies or worse, real world bombs.

    • Trump Renews Focus on Military Spending as Race Tightens

      Republican presidential nominee Donald Trump detailed his proposals for an expansion of U.S. military power as his race with Democrat Hillary Clinton tightens, in an appeal to service members and veterans who could give him a critical boost in November.

      If elected, Trump would ask Congress to lift military spending caps, increase defense spending, and seek a plan from generals to counter Islamic State in his first 30 days in office, he said in a speech Wednesday in Philadelphia.

      Trump also said he would increase the size of the army to about 540,000, the Marine Corps to 36 battalions, the navy to a number of surface ships and submarines “approaching” 350, and the Air Force to at least 1,200 fighter aircraft.

  • Transparency/Investigative Reporting

    • FBI Publishes Clinton Email Investigation Documents; More Bad News On Documents Mishandling, FOIA Compliance

      The FBI generally likes to keep as much information as possible out of the public’s hands, so its decision to release its files on the Hillary Clinton email investigation are probably best viewed as a one-off, rather than the leading edge of a new era of transparency.

      The agency certainly couldn’t pretend there isn’t significant public interest in the content of the investigative files. The outcome of a presidential election could very well hinge on the voting public’s interpretation of the documents’ content.

      And the FBI certainly has an interest in clearing the air of any hints of politically-motivated favoritism. That the investigation occurred at all does some damage to Clinton’s credibility, while the decision not to pursue prosecution doesn’t do much for the FBI’s.

  • Environment/Energy/Wildlife/Nature

    • Oklahoma earthquake and oil drilling: What we know

      When an earthquake struck Oklahoma on Saturday, one of the first steps state officials took was to shut down 37 of the state’s 3,200 active disposal wells — a move that drew national attention to the link between oil and gas drilling and earthquakes.

    • Dakota Access Pipeline Protests In North Dakota Turn Violent

      Protests against the Dakota Access Pipeline in North Dakota turned violent on Saturday.

      Demonstrators supporting the Standing Rock Sioux Tribe faced off with private security officers from Dallas-based Energy Transfer Partners.

      Video from the scene showed security officers threatening protesters with dogs.

      As All Things Considered reported, hundreds of Native Americans from tribes across the country have set up a camp near the construction site in North Dakota. The Army Corps of Engineer approved the oil pipeline in July allowing it to run under the Missouri river close to the Standing Rock Sioux Tribe’s reservation.

    • A Native American fight to stop an oil pipeline is a “morally embarrassing reminder” of America’s founding

      For months, the Standing Rock Sioux Tribe in North Dakota has been protesting the construction of a $3.8 billion (paywall) oil pipeline that would cut through four US states. Last week, the protests reached unprecedented size. Hundreds of environmental activists joined the local community of about 8,000. The BBC reports that the largest gathering of Native Americans in over a century, with over 90 tribes represented, is currently underway in Cannonball, North Dakota.

      The Native tribes and environmentalists say the pipeline would disrupt a sacred burial ground, as well as threaten water quality in the area. They say that the Army Corps of Engineers should never have granted permits for its construction.

    • Hillary Clinton Raises More Than Donald Trump From Oil Industry

      Democratic presidential candidate Hillary Clinton has raised significantly more money than Donald Trump in the heart of the Republican fundraising territory—the oil and gas industry.

    • The oceans are heating up. That’s a big problem on a blue planet

      So, just as a refresher, it’s always good to remember that we live on an ocean planet. Most of the Earth’s surface is salt water, studded with the large islands we call continents.

      It’s worth recalling this small fact – which can slip our minds, since we humans congregate on the patches of dry ground – because new data shows just how profoundly we’re messing with those seven seas. The International Union for the Conservation of Nature has published an extensive study concluding that the runaway heating of the oceans is “the greatest hidden challenge of our generation”.

      When we think about global warming, we usually fixate on the air temperature. Which is spiking sharply – July was the hottest month ever measured on our planet. But as the new study points out, 90% of the extra heat that our greenhouse gases trap is actually absorbed by the oceans. That means that the upper few meters of the sea have been steadily warming more than a tenth of a degree celsius per decade, a figure that’s accelerating. When you think of the volume of water that represents, and then try to imagine the energy necessary to raise its temperature, you get an idea of the blowtorch that our civilization has become.

    • Judge halts North Dakota pipeline contruction temporarily after protests

      An American Indian tribe succeeded on Tuesday in getting a federal judge to temporarily stop construction on some, but not all, of a $3.8bn four-state oil pipeline, but its broader request still hangs in the balance.

      James Boasberg, a US district court judge, said on Tuesday that work will temporarily stop between North Dakota’s state highway 1806 and 20 miles east of Lake Oahe, but will continue west of the highway because he believes the US army corps of engineers lacks jurisdiction on private land.

    • Judge grants partial stop on North Dakota pipeline work

      An American Indian tribe succeeded Tuesday in getting a federal judge to temporarily stop construction on some, but not all, of a $3.8 billion four-state oil pipeline, but its broader request still hangs in the balance.

      U.S. District Judge James Boasberg said Tuesday that work will temporarily stop between North Dakota’s State Highway 1806 and 20 miles east of Lake Oahe, but will continue west of the highway because he believes the U.S. Army Corps of Engineers lacks jurisdiction on private land.

      He also said he will rule by the end of Friday on the Standing Rock Sioux Tribe’s challenge of federal regulators’ decision to grant permits to the Dallas, Texas-based operators of the Dakota Access Pipeline, which will cross North Dakota, South Dakota, Iowa and Illinois.

    • Finnish nuclear company fired whistleblower over safety concerns

      The Fennovoima nuclear firm’s parent company, Voimaosakeyhtiö SF (VSF), fired one of its executives because he expressed safety concerns to the Finnish Radiation and Nuclear Safety Authority (STUK). VSF admitted this to Yle after initially denying it.

  • Finance

    • Inside an International Court of Money and Mystery

      A Dubai real estate mogul had a prison sentence disappear. Manufacturing executives in El Salvador dodged having to clean up a case of dangerous lead contamination. Two global financiers embezzled $300 million from an Indonesian bank but got off light.

      Welcome to the world of international arbitration court. BuzzFeed reporter Chris Hamby spent 18 months penetrating the court and tracing its influence.

    • NYT: Corbyn Has Marginalized Labour With His Popular Positions

      The story focused on Labour Party leader Jeremy Corbyn—or “its left-wing leader, Jeremy Corbyn,” in the Times‘ formulation. The point of the piece is to blame Corbyn for the fact that “the Labour Party is in shambles: Its leader and its members of Parliament are in a virtual civil war, and it is deeply unpopular with the broader electorate.”

      Labour’s unpopularity is easy to exaggerate; its projected national share of the vote in the last local elections, held in May 2016, was 31 percent, a percentage point ahead of the Conservatives; this is considered unpromising, as opposition parties that are soon to become governing parties generally do better than that, but it’s an improvement over May 2015 (four months before Corbyn assumed leadership), when Labour trailed by 6 percentage points.

    • At WaPo, You Can Say Anything to Support TPP–or to Smear Sanders

      In pushing trade agreements, it is fair to say anything, even if it has no relationship to the truth. Therefore it is not surprising to see Fareed Zakaria (Washington Post, 9/1/16) pushing the Trans-Pacific Partnership (TPP) by claiming that it will boost growth, and attacking Bernie Sanders for opposing “trade policies that have lifted hundreds of millions of the world’s poorest people out of poverty.”

      First, the impact on growth will be trivial. According to the International Trade Commission’s assessment, the TPP will boost the annual growth rate over the next 15 years by less than 0.02 percentage points. And this projection does not take account of the negative impact of the protectionist measures in the TPP, such as stronger and longer copyright and patent protection. These measures have the same impact on the protected items as tariffs of several thousand percent.

      [...]

      Actually, in standard trade theory, most of the benefits from lowering tariffs accrue to the countries that lower them. In trade theory, it benefits their consumers. Overall, trade balances are not affected. This is why the very pro-TPP Peterson Institute shows that by far the largest gains to TPP accrue to Vietnam: It lowers its tariffs the most under the terms of the deal.

      In terms of the attack on Bernie Sanders for opposing the world’s poor, Zakaria is again confused. In the standard trade story, capital is supposed to flow from rich countries like the United States to poor countries in the developing world. That would mean rich countries run trade surpluses, and poor countries run trade deficits. This allows poor countries to sustain consumption levels even as they build up their capital stock.

    • Made in China G20 and its Geoeconomic Significance

      Yet now geoeconomics has reached an extremely worrying zone of turbulence. Since the end of the Cold War in 1989 – and of “history” itself, according to academic simpletons – it’s never bee so dire. Greed led globalization to be “defeated”by inequality. In a nutshell, low inflation – due to global competition – led to the proverbial “expansionary” monetary policies, which inflated housing, education and health care, squeezing the middle class and allowing unlimited wealth flowing to a 1 percent minority of asset owners.

      Yet even in de-acceleration, China was responsible for more than 25 percent of global economic growth in 2015. It remains the key global turbine – while at the same time carrying the self-attributed burden of being the representative of the Global South in global economic governance.

    • America and the Plague of ‘Moral Idiocy’

      When it comes to applying rules of international law and ethics, the U.S. government and its mainstream media operate with stunning hypocrisy, what might be called “moral idiocy,” says Lawrence Davidson.

    • Tencent Is Now the Most Valuable Company in Asia

      The web firm Tencent tcehy has become the most valuable company in Asia, and one of the top 10 in the world by market capitalization.

      It wasn’t so long ago that Tencent was racing neck-and-neck with Samsung — their share prices were both up by a third on the year — to overtake state-owned China Mobile and steal the title of the most valuable company in Asia.

  • AstroTurf/Lobbying/Politics

    • Clinton Foundation plans to close overseas fundraising arms

      The Bill, Hillary & Chelsea Clinton Foundation will shut down its fundraising affiliates in Sweden and the United Kingdom if Hillary Clinton wins the U.S. presidency in November, a spokesman for the global charity said this week.

      The foundation has in recent weeks begun announcing planned new donor restrictions to allay criticism that wealthy supporters might be expecting special treatment from the U.S. government in return.

      Both the William J. Clinton Foundation UK in London and the Clinton Foundation Insamlingsstiftelse in Stockholm will close if Clinton becomes president because of their acceptance of foreign funding, Brian Cookstra, a spokesman for the Clinton Foundation in New York, said in one of a series of emails responding to questions from Reuters.

    • The Unrelenting Pundit-Led Effort to Delegitimize All Negative Reporting About Hillary Clinton

      In his New York Times column yesterday, Paul Krugman did something that he made clear he regarded as quite brave: He defended the Democratic Party presidential nominee and likely next U.S. president from journalistic investigations. Complaining about media bias, Krugman claimed that journalists are driven by “the presumption that anything Hillary Clinton does must be corrupt, most spectacularly illustrated by the increasingly bizarre coverage of the Clinton Foundation.” While generously acknowledging that it was legitimate to take a look at the billions of dollars raised by the Clintons as Hillary pursued increasing levels of political power — vast sums often received from the very parties most vested in her decisions as a public official — it is now “very clear,” he proclaimed, that there was absolutely nothing improper about any of what she or her husband did.

      Krugman’s column, chiding the media for its unfairly negative coverage of his beloved candidate, was, predictably, a big hit among Democrats — not just because of their agreement with its content but because of what they regarded as the remarkable courage required to publicly defend someone as marginalized and besieged as the former first lady, two-term New York senator, secretary of state, and current establishment-backed multimillionaire presidential front-runner. Krugman — in a tweet proclamation that has now been re-tweeted more than 10,000 times — heralded himself this way: “I was reluctant to write today’s column because I knew journos would hate it. But it felt like a moral duty.”

      [...]

      That American journalists have dispensed with muted tones and fake neutrality when reporting on Trump is a positive development. He and his rhetoric pose genuine threats, and the U.S. media would be irresponsible if it failed to make that clear. But aggressive investigative journalism against Trump is not enough for Democratic partisans whose voice is dominant in U.S. media discourse. They also want a cessation of any news coverage that reflects negatively on Hillary Clinton. Most, of course, won’t say this explicitly (though some do), but — as the wildly adored Krugman column from yesterday reflects — they will just reflexively dismiss any such coverage as illegitimate and invalid.

      It should be the opposite of surprising, or revealing, that pundits loyally devoted to a particular candidate dislike all reporting that reflects negatively on that candidate. There is probably no more die-hard Clinton loyalist in the U.S. media than Paul Krugman. He has used his column for years to defend her and attack any of her critics. Indeed, in 2008, he was the first to observe that — in his words — “the Obama campaign seems dangerously close to becoming a cult of personality,” comparing the adulation Clinton’s 2008 primary opponent was receiving to the swooning over George W. Bush’s flight suit. He spent the 2016 primary maligning Sanders supporters as unstable, unserious losers (the straight, white, male columnist also regularly referred to them — including female and LGBT Sanders supporters — as “bros”). And now he’s assigned himself the role as Arbiter of Proper Journalism, and — along with virtually all other Clinton-supporting pundits and journalists — has oh-so-surprisingly ruled that all journalism that reflects poorly on Hillary Clinton is unsubstantiated, biased, and deceitful.

    • Despite Bernie Sanders’s Urging, Die-Hards Still Resist Hillary Clinton

      Outside Senator Bernie Sanders’s first general-election rally for Hillary Clinton on Monday, a small group of Clinton supporters and former Sanders backers glared at one another.

      [...]

      “Never Hillary!” the former Sanders supporters yelled back, as some declared they would vote for Jill Stein, the Green Party presidential nominee.

    • Voters Want Third Party Candidates On Debate Stage

      Kent Redfield, a UIS Professor Emeritus of Political Science, said, “Most people really don’t know who they are or what they stand for. But again, we’ve never had an election where you’ve had the two main party candidates with such high unfavorables. It could be that [the third party] will retain strength and then, if they’re getting combined 15% of the vote, then that could tip the balance in a very close state.”

      So far, neither Johnson nor Stein have reached the necessary 15% across the five national polls to be invited to the debate stage, but it’s clear that many Americans would like to see any serious third-party candidates on that stage with Clinton and Trump this fall.

    • Poll: Nine weeks out, a near even race

      Donald Trump and Hillary Clinton start the race to November 8 on essentially even ground, with Trump edging Clinton by a scant two points among likely voters, and the contest sparking sharp divisions along demographic lines in a new CNN/ORC Poll.
      Trump tops Clinton 45% to 43% in the new survey, with Libertarian Gary Johnson standing at 7% among likely voters in this poll and the Green Party’s Jill Stein at just 2%.

    • It is undemocratic to exclude me and Gary Johnson from presidential debates

      Presidential debates should be an opportunity for the American people to decide the direction of our nation. But since 1987, everything about the debates has been predetermined by the party bosses who run Washington.

      Consider that 76% of Americans want the presidential debates to include Gary Johnson and me. Yet the phony Commission on Presidential Debates (CPD) is trying to rob voters of the open debates they want.

      The CPD is actually a private corporation that refuses to disclose its current funders or sponsors. The Democratic and Republican National Committees both select its leaders. The CPD literally excludes the 50% of voters who reject their parties.

      This two-party cartel posing as a public service “commission” admitted in a 1987 press conference that independent candidates and alternative political parties should be excluded from the debates, and they create artificial barriers to exclude them.

    • Why Aren’t Third Parties Allowed to Debate?

      Would you eat at a restaurant that only offered two unpalatable menu options —especially when more tasty choices were available? Watching a presidential debate with only Clinton and Trump is like having to choose between liver and tripe. And why is this, especially when there are at least two other, more appealing, candidates to choose from?

      Because the Commission on Presidential Debates (CPD), a private corporation run by establishment Democrats and Republicans, doesn’t want you to know you might have better choices. It’s incredibly ironic that their website states they want to “provide the best possible information to viewers and listeners.” That could not be further from the truth.

      The CPD is like one of those exclusive clubs where you have to know somebody influential to get in. But this is America — the land where we were raised to believe anyone could become president. Unfortunately, this is no longer true. Because campaigns are not publicly financed, a candidate needs millions of dollars to buy advertising to build familiarity — or the media needs to be unbiased enough to give equal coverage to all the candidates, which it doesn’t.

      Only 50% of Americans identify as being either Democrat or Republican, and only 9% of these voted in the primaries. A huge segment of the population does not identify with either party, so why can’t we hear about what third parties have to offer? Because the CPD wants you to vote for one of their pre-chosen candidates.

    • Diddy: Black voters ‘shortchanged’ by Obama presidency

      Rapper-turned-mogul Sean “Diddy” Combs said he thinks that black voters “got a little bit shortchanged” by Barack Obama’s presidency, and urged the black community to “hold our vote” as a way to spur meaningful action by political leaders.
      “The heat has to be turned up so much that as a community, we’ve got to hold our vote,” Diddy told the Rev. Al Sharpton on MSNBC Sunday. “Don’t pacify yourself; really revolutionize the game. Make them come for our vote. It’s a whole different strategy, but I think we need to hold our vote because I don’t believe any of them.”

      The entertainment icon explained that while he thinks that Obama has done “an excellent job” as president, he also feels that the first black presidency didn’t fully deliver on its promise.

    • Young Blacks Voice Skepticism on Hillary Clinton, Worrying Democrats

      When a handful of liberal advocacy organizations convened a series of focus groups with young black voters last month, the assessments of Donald J. Trump were predictably unsparing.

      But when the participants were asked about Hillary Clinton, their appraisals were just as blunt and nearly as biting.

      “What am I supposed to do if I don’t like him and I don’t trust her?” a millennial black woman in Ohio asked. “Choose between being stabbed and being shot? No way!”

      “She was part of the whole problem that started sending blacks to jail,” a young black man, also from Ohio, observed about Mrs. Clinton.

    • EmailGate and the Mystery of the Missing GAMMA

      Last week’s Federal Bureau of Investigation release of materials relating to their investigation of Hillary Clinton has reignited the political firestorm surrounding EmailGate. How the Democratic nominee mishandled her emails while she was secretary of state is again front-page news, which is bad news for Hillary. Particularly because the FBI’s data dump demonstrates clearly that Clinton is either dumb or dishonest—and perhaps both.

    • Observer: Sidney Blumenthal ‘Was Reading Above-Top-Secret NSA Reports Hours After They Appeared’

      [Sidney] Blumenthal’s email read exactly like classified NSA reporting, as anybody acquainted with our SIGINT would immediately recognize. As one veteran agency official told me back in January, Blumenthal’s email was NSA information with “at least 90 percent confidence.”

  • Censorship/Free Speech

  • Privacy/Surveillance

    • Location Privacy: The Purview of the Rich and Indigent

      I’d just finished parking my car in the covered garage at Reagan National Airport just across the river from Washington, D.C. when I noticed a dark green minivan slowly creeping through the row behind me. The vehicle caught my attention because its driver didn’t appear to be looking for an open spot. What’s more, the van had what looked like two cameras perched atop its roof — one of each side, both pointed down and slightly off to the side.

      I had a few hours before my flight boarded, so I delayed my walk to the terminal and cut through several rows of cars to snag a video of the guy moving haltingly through another line of cars. I approached the driver and asked what he was doing. He smiled and tilted the lid on his bolted-down laptop so that I could see the pictures he was taking with the mounted cameras: He was photographing every license plate in the garage (for the record, his plate was a Virginia tag number 36-646L).

    • Edward Snowden’s Guardian Angels

      From a hotel in Hong Kong, Edward Snowden shocked the world in 2013 by disclosing the extent of U.S. intelligence spying. Then he vanished before fleeing to Moscow. Handelsblatt found the people who hid Snowden — refugees with nothing, and everything to lose.

    • Activists to FBI: Show Us Your Warrant for Mass Hack of TorMail Users

      Mass hacking is now one of the FBI’s established tactics for fighting crime on the dark web. In February 2015, the agency hit at least 4,000 computers all over the world in an attempt to identify visitors of a child pornography site.

      But questions remain about another FBI operation from 2013, in which the agency may have hacked users of a dark web email service called TorMail even if they weren’t suspects of a crime. Now, the American Civil Liberties Union (ACLU) is trying to unseal the court docket sheet containing the search warrant used to deploy malware against users of the service. If the ACLU were then to get access to the warrant itself, it may reveal the true scale of the FBI’s controversial hacking campaign.

    • FBI’s Fancy Bear Cyber Structure

      So we already know that the FBI’s legally mandated reports to Congress on NSL numbers are bogus. Now we learn that FBI has devolved its 702 work to field offices which has led to the discontinuation of one of the key oversight mechanisms on their counting process: an outside check.

    • New NSA documents detail how the spy agency used the Iraq war to build its global surveillance system

      Newly released internal NSA documents reveal how the US spy agency used the Iraq war to develop its global surveillance infrastructure, which was later brought to light by whistleblower Edward Snowden. The documents, called WARgrams, also contain messages sent to a vast body of NSA employees between 2003 and 2004 by the then NSA director Michael Hayden.

      According to a report by Motherboard, the documents bring to light for the first time how the NSA asked its staff for “unprecedented degrees of cooperation”, in efforts to develop and establish its global surveillance system. The documents also reveal the agency’s rapid shift in priorities, detailing its move from providing intelligence support to wartime coalition forces to assuming the role of a “pervasive” and “intelligent-driven” leading component in the global war on terrorism.

      Around 70 WARgrams were sent out, the first of which, sent out in the days or weeks leading up to the start of the war in March 2003, characterised Operation Iraqi Freedom as “an intense attack of relatively short duration intended to overwhelm the Iraqi ability to respond.” In Hayden’s own words, the WARgrams were “designed to keep us all ‘in the loop’ with the latest developments during the campaign.”

    • Every Move You Make

      The Delta IV Heavy, introduced in 2004, is the most powerful rocket in American history, and this was only the ninth time it had launched. Even more exclusive, however, was its top-secret cargo: Inside its nearly seven-story-high nose cone was an Advanced Orion, the world’s largest satellite. About eight hours after launch, when the most advanced spy craft ever built went into geosynchronous orbit, it unfurled its gigantic mesh antenna, larger than a football field, and began eavesdropping on the Earth below.

    • WARgrams released: How NSA used Iraq War as springboard for global intel gathering

      Newly published documents from the beginning of the Iraq invasion reveal how the NSA used the “war on terror” to develop its global intelligence capabilities and strengthen the surveillance network exposed by Edward Snowden.

      The information was revealed in a series of documents dating back to 2003-2004, referred to as WARgrams. This was essentially a series of newsletter-style communiqués distributed to a vast number of NSA employees by the agency’s former director, Michael Hayden. These short messages, which number close to 70, contain colorful (when not redacted) descriptions of the NSA’s plans to insert itself into the Iraq war effort. The revelation was made by VICE’s Motherboard, which obtained the documents through an FOI request from back in 2008.

    • NSA used Iraq war to develop surveillance capability, documents show

      As the controversial Investigatory Powers Bill inches closer to becoming law, NSA documents reveal that the agency used the Iraq war to develop and expand its surveillance infrastructure

    • New Docs Show How the NSA Used the Iraq War to Build its Surveillance Apparatus

      Newly released internal NSA missives from the early days of the Iraq war show how quickly the agency’s priorities shifted from providing wartime intelligence to coalition troops to being a “pervasive” part of the “intelligence-driven” global war on terror.

      The documents, which have surfaced for the first time, outline how the NSA asked its employees for “unprecedented degrees of cooperation” to set up the global surveillance infrastructure revealed by Edward Snowden with the stated aim of combating terrorism worldwide.

      The documents, called WARgrams, were newsletter-style messages sent in 2003 and 2004 by then-NSA Director Michael Hayden to what seems to be a large contingent of NSA employees. (Motherboard has reached out to the NSA to learn more about who, exactly, received the WARgrams.)

      The first WARgram pitched Operation Iraqi Freedom as “an intense attack of relatively short duration intended to overwhelm the Iraqi ability to respond.” It was sent sometime in the days or weeks leading up to the March 20, 2003 start of the war. Hayden wrote WARgrams were “designed to keep us all ‘in the loop’ with the latest developments during the campaign.”

    • Former Intelligence Official Leaks Details Of NSA’s Hack Of French Presidential Network

      The latest leak about the NSA’s overseas spying transgressions took the unlikely form of a little-noticed YouTube video — one that covered mostly-wonkish subject matter. The details of the NSA’s malware attack on the French “White House” were revealed during an interview with Bernard Barbier, the former head of the French Intelligence Service, by a local engineering school. The video, of course, has since been removed, but not before French paper Le Monde picked up on the content of the interview.

      Matt Suiche parses it all out — an inadvertent confirmation of a Snowden document leaked in 2013 that contained an itinerary item about a discussion between French and US intelligence officials concerning a (at that time “alleged”) “May 2012 cyber attack on the French Presidential network.”

    • German intelligence accused of ‘serious legal violations’ over surveillance

      The surveillance apparatus used by German intelligence to collect and store masses of communications and internet data may have taken a hit after a classified document that accused the spies of “serious legal violations” leaked online.

      The 60-page analysis, conducted by Andrea Voßhoff, the German federal data protection commissioner, slammed how the Bundesnachrichtendienst (BND) stores data on citizens and demanded for key databases to be deleted with immediate effect.

      The report was made in July 2015 after a visit to Bad Aibling in southern Germany, which is jointly managed by the US National Security Agency (NSA). The audit was conducted in light of the Edward Snowden revelations in 2013 that exposed how major agencies such as the FBI, NSA and UK’s GCHQ use sophisticated tools to collect data in bulk.

    • Universal credit poses a major security risk, spies tell No 10 [Ed: GCHQ grossly intervening in politics as well]

      The universal credit welfare programme was sent back to the drawing board because spies warned that it was insecure and could lead to millions of people being hacked, a report reveals.

      Experts working for GCHQ, the government’s listening agency, contacted Downing Street in alarm after being “fobbed off” by the Department for Work and Pensions over security flaws in the benefits programme.

      As a result plans to launch the service next year were abandoned. Today only about 300,000 people are receiving benefit payments through universal credit and the system will not be fully operational until 2022 at the earliest.

  • Civil Rights/Policing

    • Court To Cops: Residing In A State Where Marijuana Is Legal Does Not Automatically Make A Motorist ‘Suspicious’

      Colorado legislators legalized recreational marijuana use and now law enforcement agencies in bordering states are camping out on highways hoping for easy busts. All roads in and out of the state are now “drug corridors.” This has led to suspicionless stops and seizures by police officers — predicated on nothing more than a vehicle being on a strip of highway leading to or from a supposed “source” state.

      Not every bust goes as easily as officers might have hoped. Nebraska deputies tried to make drug conspiracy charges stick to a pair of Minnesotans arrested while on their way to Colorado with more than $60,000 in cash. The conviction didn’t stick because it isn’t against the law to conspire to perform an act that is legal in another state. It’s illegal to buy or sell marijuana in both Minnesota and Nebraska, but not in Colorado, where the two were headed. The charges went away but the $60,000 in cash is likely going to remain in Nebraska law enforcement’s possession.

      Another traffic stop in another Midwestern state has been ruled unconstitutional, partially because Kansas law enforcement officers believed the driver being a resident of marijuana-friendly Colorado was pretty much all the reasonable suspicion they’d need to perform a search.

      The Tenth Circuit Court of Appeals — in stripping away the immunity granted to two Kansas Highway Patrol officers by the lower court — points out the many flaws in the officers’ reasoning. [PDF link]

      Peter Vasquez was pulled over because his temporary tag was unreadable. Once the temporary tag had been verified as legitimate, he should have been free to go. Instead, it was merely the start of a fishing expedition by the officers, who hoped to find the Colorado resident in possession of an illegal substance.

    • Indians Staged One of the Largest Strikes in History, But No One on U.S. Cable News Covered It

      Ten Indian trade unions staged one of the largest strikes in human history on Friday, with tens of millions of public sector workers participating in a shutdown of parts of the Indian economy to protest Prime Minister Narendra Modi’s economic plans.

      But if you’re an American relying on cable news, it would be hard to know it ever happened.

      Not a single American cable news network ran a segment focused on India’s massive strike, even on Labor Day, the U.S.’s annual holiday dedicated to workers.

      The strike came after Modi began a push for increased foreign investment and privatization of some state-run industries. Unions fear these policies will undermine both wages and employment.

    • Jim Comey Impugns Pot Smokers Again

      I get that this cute labeling of pot smokers as lacking integrity is part of his script (he used almost the same lines in both speeches), perhaps to avoid thinking about what it means that our nation can’t best fight the alleged biggest threat to it because of outdated laws. But either he has given no thought about the words that are falling out of his mouth (indeed, he also seems to have no understanding of the the words “adult” and “mature” mean, which are other words he tends to wield in profoundly troublesome fashion), or the nation’s top cop really can’t distinguish between law — and that, not even in all states anymore — and ethics.

    • How Snowden escaped

      Earlier that day, that “famous” 29-year-old walked out of the five-star luxury Hotel Mira in Kowloon and sparked an intensive global manhunt not seen since the search for al-Qaeda’s Osama Bin Laden after the Sept. 11, 2001, bombings.

      Edward Snowden, a former U.S. intelligence contractor, became the most wanted fugitive in the world after leaking a cache of classified documents to the media detailing extensive cyber spying networks by the U.S. government on its own citizens and governments around the world.

      To escape the long arm of American justice, the man responsible for the largest national security breach in U.S. history retained a Canadian lawyer in Hong Kong who hatched a plan that included a visit to the UN sub-office where the North Carolina native applied for refugee status to avoid extradition to the U.S.

    • White House Report Concludes That Bite-Mark Analysis Is Junk Science

      The President’s Council of Advisors on Science and Technology has concluded that forensic bite-mark evidence is not scientifically valid and is unlikely ever to be validated, according to a draft report obtained by The Intercept. The report, titled “Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods,” is marked as a “predecisional” draft created August 26 that is not to be quoted or distributed, though the title page suggests the report will be made public sometime this month.

      The report reviews a handful of common forensic practices, so called feature-comparison disciplines, or pattern-matching practices — bite-mark analysis, fingerprint and firearm analysis, shoe tread analysis, and DNA mixture analysis — each of which involves an “expert” looking at a piece of evidence and eyeballing whether it matches a particular image, person, or object. The report discusses whether each practice has been scientifically validated, what it would take to do so, and how each practice should be used in the courtroom — if at all.

    • Air China magazine warns London visitors to avoid ethnic minority areas

      Even for China, where companies have struggled with race issues in their marketing previously, the latest inflight magazine from the country’s flagship airline will likely come as a shocker.

      Air China’s Wings of China carries a long feature on visiting London, with almost a third of the magazine dedicated to tourist attractions in Britain’s capital and other famous towns such as Oxford. The main article, titled “London the city of ‘hat tricks’,” covers Brits’ apparent fondness for all kinds of hats.

      Then, after a section on transport options and lifestyle and cultural activities in London, Wings of China offers some “Tips from Air China.”

    • Albuquerque Police Seize Vehicle From Owner Whose Son Drove It While Drunk; Want $4,000 To Give It Back

      Last spring, New Mexico’s governor signed a bill into law that would prevent law enforcement from seizing people’s assets without securing a criminal conviction. This was likely prompted by the New York Times’ publication of footage from Las Cruces asset forfeiture seminar in which the speaker basically said asset forfeiture is used by law enforcement to “shop” for things they want.

      Several months later, the city of Albuquerque was sued by state legislators because its police refused to stop seizing assets — mainly vehicles — without obtaining convictions. The city claimed the new law only applied to state police, and anyway, it was only performing a valuable community service by taking cars away from members of the community.

  • Internet Policy/Net Neutrality

    • [Older] EU’s net neutrality guidelines get published

      The Body of European Regulators for Electronic Communications (Berec) – which represents all the EU’s communications regulators – has finally published guidelines clarifying how telecom companies should treat the data they handle, months after a law concerning the matter was published.

      In the past, apps and other online services could, in theory, pay more to ensure their products ran smoothly. That appealed to network providers, who saw it as a way to boost profits.

      But Berec says only a limited number of services will be able to ask for special treatment, and then only so long as it is not to the detriment of others.

      The new rules also set out consumers’ right to be free to access and distribute information and content, run applications and use services of their choice, so long as they are not illegal.

      The publication has been welcomed by digital rights experts.

    • Users Say Comcast Broadband Usage Meters Don’t Work, May Result in Hundreds Of Dollars Of Errant Charges

      We’ve noted for years that usage caps on fixed line broadband connections are little more than a major, unnecessary price hike on uncompetitive markets. But while caps certainly are little more than a cash grab, there’s another less talked about problem at play: nobody is making sure ISP usage meters are accurate. That has resulted in a number of instances where an ISP will bill users for consumption when the power is off, and even some instances where ISPs confused MAC addresses and billed the wrong customer for additional monthly consumption.

  • Intellectual Monopolies

    • IP Offices Focus On Educating Younger Population About IP Protection [Ed: Serial abuser of human rights "WIPO is also developing an Education Took Kit for teachers of children aged 5 to 18." Indoctrination of younger populations for IP protectionism and for large corporations.]

      Intellectual property rights awareness campaigns are increasingly targeting the younger population, as early as primary school, according to several country presentations at the World Intellectual Property Organization enforcement committee this week. WIPO is also developing an Education Took Kit for teachers of children aged 5 to 18. However for some countries, this education should encompass a broader view on IP than only enforcing rights.

    • Take Two Interactive Wins Two Publicity Rights Lawsuits Against Lindsay Lohan And Karen Gravano

      Hopefully you will recall that Take Two Interactive had been facing down two lawsuits brought by Lindsay Lohan and Karen Gravano over character depictions in the company’s opus, Grand Theft Auto V. Both filed suit over publicity rights and likeness concerns in New York. Lohan claimed that a character in the game that evaded paparazzi after having sex in public and made some oblique references to similar-sounding movies that Lohan had acted in, along with a female character on the game’s cover art, were both ripping off her personage. Gravano, meanwhile, claimed that a different character, one which made references to starring in a reality show about mobster wives and evading mob retribution, was ripping off her personage. While both suits failed to address the fictional differences in the characters, which were both composite characters parodying their celebrity archetypes, Take Two attempted to defend itself with those facts and tried to get the case dismissed. Strangely, the court at the time allowed the case to move forward…

    • A Principle Of Balance: Top Official Explains India’s IP Policy

      Adopted in May, the first Indian intellectual property policy brought some concerns that the focus on IP rights might dampen India’s willingness to use the IP flexibilities to safeguard national policy space. It was also perceived by some as giving in to pressure from the foreign pharmaceutical industry for India to strengthen patent protection. However, a high level Indian official in an interview this week said the policy caters to Indian development needs and India is aware of its pioneering role in certain sectors like access to medicines.Rajiv Aggarwal, Joint Secretary at the Indian Department of Industrial Policy & Promotion Ministry of Commerce & Industry sat down with Intellectual Property Watch’s Catherine Saez to describe how India’s IP policy came into being, to what aim, what it is expected to change in the Indian IP landscape, and how Indian is standing fast to its principle of balance.

    • Trademarks

      • Donut maker gored by University of Texas over a fan favourite pastry

        Donut Taco Palace in Austin, Texas, is famous for their ‘Longhorns donuts’. These donuts are modelled after the Hook ‘em Horns hand gesture which is made in support of the University of Texas’ Longhorns American football team. These donuts of allegiance satisfied the sweet tooth of many Longhorns fans until last month, when the University of Texas became aware of the situation. They sent a cease and desist letter to the owner of the shop, Angel Feng, citing trademark infringement.

      • Do Apple Trademarks Reveal What It’s About To Launch?

        If you’re a gadget watcher or an Apple fanatic, then you already know that tomorrow is Apple’s big fall event when it announces new hardware products. Unlike basically every other tech blog in the world, we tend not to cover the announcements (or all of the rumors leading up to those announcements). Every so often something interesting will come out of them and we’ll write up that, but for the most part, we recognize that other sites are going to cover the basic beats and we’re not the kind of publication that wants to spend our time writing up promotional copy for tech companies. But, sometimes there’s some overlap in our usual coverage and these kinds of events. Brian Conroy, a trademark lawyer in Ireland who has a fun blog of trademark-related issues realized that Apple may have leaked some details via its trademark applications.

    • Copyrights

      • Bethesda Does Connecting With Fans Right

        We’ve spent some time and energy in these pages poking at Bethesda and its parent company, Zenimax, over each’s overtly ridiculous stances on protecting what it views as its intellectual property in the past. But even a bad actor in the IP arena can get things right in other ways and Bethesda has shown itself to be fairly good in the past in the area of connecting with its fans. This is one of the more underappreciated aspects involved in digital business models, in which the digital realms where we operate open up content producers to direct interaction with their customers. Done right, this will ingratiate a business with its community, fostering a loyalty it might otherwise not have. Done really right, it gets a company all of that plus a PR bonus that can only come from these organic interactions.

      • Warner Bros. Issuing Takedowns For Its Own Site Is No Laughing Matter

        But here’s why this isn’t really a laughing matter: many of the legacy industry players, including Warner Bros. and the MPAA who represent WB, have been pushing very heavily for a revamp of the DMCA that would include a “notice and staydown” provision — such that once a copyright holder representative sent a notice claiming a work was infringing, platforms would basically be required to block that content from ever appearing again. In response, many of us have pointed out just how bad companies like Warner Bros. are at issuing takedowns, and we’re told that such mistakes are rare. But they’re not rare. We see them all the time. And if notice and staydown were in place, it could create all sorts of problems.

        Notice, too, that it wasn’t just WB’s own site that was the target of this bogus takedown. Just two slots above it are the official Amazon sales link for the movie. Elsewhere in the list were official IMDB pages as well. Yes, Google is actually better than most at going through these notices and rejecting ridiculous requests like this, but most other companies are not. If you send a notice, it’s treated as accurate, and down go those sites. Some may consider that fair game when it’s something as ridiculous as WB taking down its own sites, but it’s not so funny when it’s someone else’s work — like the time Fox sent DMCA notices taking down Cory Doctorow’s book, Homeland, just because it had the same title as a TV show.

        Meanwhile, we keep hearing from companies like Warner Bros. about how Google is really to blame, and that it’s “obvious” when there’s infringing content that should be taken down. If it’s so “obvious” why can’t WB gets its act together and not take down its own sites? Perhaps it isn’t so obvious after all and perhaps we shouldn’t make copyright policy based on the bogus claims of companies so clueless that they’re issuing DMCA takedowns on their own websites or other official channels?

09.06.16

The US Supreme Court Cemented the End of Software Patents by Rejecting Them and Refusing to Revisit the Subject After Alice

Posted in America, Courtroom, Patents at 11:31 am by Dr. Roy Schestowitz

Turning a blind eye to the highest court in the United States is unwise

Blind leading the blind
Blind leading the blind

Summary: An update regarding the sordid state of patents on software in the US, where one has to rely on examiners and/or judges ignoring the US Supreme Court in order to have these granted/upheld

Software patents have always been the primary topic here. Longtime readers can attest to that. Thankfully, after Alice (2014), no imminent resurgence of software patents is expected, at least not in the near future. Several months ago when it was predicted that the SCOTUS (US Supreme Court) would deal with low-quality design patents of Apple we noted that no SCOTUS case was bound to reconsider the patentability of software. There wasn’t even another Bilski in the pipeline.

“Thankfully, after Alice (2014), no imminent resurgence of software patents is expected, at least not in the near future.”According to this new SCOTUS preview from Patently-O, only design patents would be questioned. Nothing would change when it comes to software patents, at least not at SCOTUS. To quote Patently-O: “When the Supreme Court’s October 2016 Term begins in a few weeks, its first patent hearing will be the design patent damages case of Samsung v. Apple. In Samsung, the Court asks: Where a design patent is applied to only a component of a product, should an award of infringer’s profits be limited to those profits attributable to the component? The statute at issue – 35 U.S.C. § 289 – indicates that, someone who (without license) “applies” the patented design (or colorable imitation thereof) to an article of manufacture, “shall be liable to the owner to the extent of his total profit.” Up to now, courts have repeatedly held that the “profits” are profits associated with the product (i.e., the article of manufacture) being sold, but Samsung is asking that the profits be limited only to components of the product closely associated with the patented design. Although Apple’s position is supported by both the text and history and is the approach easiest to calculate, I expect that many on the Court will be drawn to the potential unjust outcomes of that approach. Apple wins in a 4-4 split. Oral arguments are set for October 11, 2016.”

We previously explained why design patents are similar if not overlapping software patents (the user interface angle in particular). We therefore hope that Apple will lose this case — a case which we wrote about nearly half a dozen times so far this year.

“When it comes to software patents, empirical evidence typically shows that their existence harms innovation and causes more harm than good.”“Professors Feldman and Lemley are well-known for their skepticism about the current form of the patent system,” wrote Neil Wilkof yesterday in IP Kat. It’s not a bad post and here is what it says about the seminal/cited paper: “The authors make a basic distinction between ex ante and ex post with respect to technology transfer and licensing. A significant amount of meaningful technology transfer is “ex ante”, namely it takes place before the patent issues, and sometimes even before it is filed. To the contrary, licensing demands and litigation leading to payment for freedom to operate, occurs “ex post”, after the patent is issued, sometimes long after grant. Even in the life sciences field, where one might expect more evidence that technology transfer would be taking place, the authors found that the “modal license” was primarily for payment for freedom to operate rather than technological transfer of the underlying technology.”

When it comes to software patents, empirical evidence typically shows that their existence harms innovation and causes more harm than good. “Despite Alice,” Benjamin Henrion wrote yesterday, “specialized patents courts keeps issuing software patents in the US” (known issue), but as long as the Supreme Court repudiates such nonsense we’re probably OK in the long run. Upon appeals, e.g. to CAFC (a bit pricey), software patents almost always die. Lower courts need to heed the warning and stop ignoring policies imposed (or handed down) from above.

“Suffice to say, “open source software” as the above names it (Free/libre software) is not compatible with software patents.”Dropbox, according to this page, has “4 new DROPBOX patent applications,” to quote Fresh Patents. They are pursuing software patents (the titles suggest so) on all sorts of basic Web operations. Will USPTO examiners be negligent enough to grant in spite of prior art and Alice? We shall see. One sure thing is, the courts (the higher, the better) won’t tolerate these.

We recently wrote about Blockstream making a patent pledge despite having no patents. This new report suggests that Blockchain technology faces patent-related problems. To quote IP Watch: “Blockchains, such as the well-known bitcoin, are not yet well-defined but are creating a lot of hype, speakers at a 23 August Intellectual Property Owners’ Association webinar said. Two things are clear so far, they said: the technology is in its infancy, and there are lots of unresolved questions about what is patentable and how IP laws intersect with the mostly open source software used in the systems.”

“If the Supreme Court was to be respected rather than ignored for convenience (or maximisation of profit), there would no longer be trials over software patents, let alone new grants of software patents.”Suffice to say, “open source software” as the above names it (Free/libre software) is not compatible with software patents. Neither are APIs (lesser form of “open source”), yet according to this new patent survey, there are more than 23,414 API patents. To quote D-Zone: “After looking through the 23,414 API related patents from between 2005 and present day from 4,283 companies, it is clear that the API patent game will be all about which companies decide to litigate using their “intellectual property.” There is definitely a lot of education that could occur across all industries where these patents will be put to work, and hopefully we can see some reforms at the USPTO regarding how important it is to the economy that the APIs themselves to remain open and reusable, but I think that ultimately the world of API patents will be hammered out in courts across the United States, and other countries around the world.”

Oracle now claims copyrights on APIs, in a case which involves a mixture of software patents and copyrights inherited from Sun upon acquisition. We hope that readers are able to see just how profound an impact all these efforts to apply ‘IP’ to code can have. When can developers go back to coding in peace? Well, hopefully when all courts and patent examiners pay attention to Alice and apply the corresponding test. If the Supreme Court was to be respected rather than ignored for convenience (or maximisation of profit), there would no longer be trials over software patents, let alone new grants of software patents.

Microsoft’s Legacy at Nokia is Patent Shakedown and Feeding of Patent Trolls

Posted in GNU/Linux, Microsoft, Patents at 10:47 am by Dr. Roy Schestowitz

Texas sign

Summary: Another glimpse at where Nokia stands after Microsoft entryism and the ugly effects of patent trolling — something which Microsoft has played a considerable role promoting as it harms Free/Open Source software (FOSS) the most

ONCE UPON a time there was a mobile giant called Nokia, before Microsoft infiltrated the management (Elop), had it turn down Linux, and later turned it into a patent parasite, as expected by us all along. Any way one looks at it, Nokia is a patent parasite and Benjamin Henrion has said, “I booked http://nokiaplanp.com [P for patents] where that was the frenzy of its future. I was right.” See the latest articles in our Wiki for a detailed blow-by-blow chronology.

“Remember that IAM is funded by a troll of Nokia, MOSAID (now called Conversant, after all the negative publicity), armed with Nokia patents after Microsoft insisted on it (this is well documented).”According to IAM, Nokia is so large a patent parasite right now that it makes literally billions by taxing companies with its old patents. “Nokia Technologies head steps down just after company joins the $1 billion licensing club,” says the headline from IAM. Remember that IAM is funded by a troll of Nokia, MOSAID (now called Conversant, after all the negative publicity), armed with Nokia patents after Microsoft insisted on it (this is well documented). Microsoft has a certain ‘skill’ when it comes to creating and/or arming patent trolls, including the world’s largest patent troll, Intellectual Ventures.

The other day we saw the article “Spotify Under Attack from Suspicious ‘Patent Troll’ Venadium LLC…” (probably not one among the thousands of satellites of Intellectual Ventures, but who knows)… [via]

We find it rather ironic, as the company which recently hired from Microsoft the patent mafioso who had armed patent trolls to attack rivals (including Linux, even after his departure) now faces the threat of an incognito patent troll. To quote this “Exclusive” report:

These companies often earn the dubious award of being known as “patent trolls,” of which Venadium may qualify within frustrated tech circles. The Eastern District of Texas is a well-known breeding ground and lawsuit haven for dubious, ‘patent troll’ type cases, with an 88% win for plaintiffs in patent infringement lawsuits, compared to a nationwide average of 68% (at least back in 2006).

The Eastern District of Texas and statistics about it put me in a long argument with the patent microcosm (they don’t like the characterisation of it as plaintiff-friendly), culminating in this citation that claims “36% win rate for plaintiffs”.

Regardless of the true numbers (can we trust lawyers more than we trust journalists?), here is a new article published very recently to explain how patent trolls operate.

How the current patent system actually hurts innovation (and how patent trolls are being fought)

[...]

One of the most common questions I get asked when talking to companies about their issues with innovation is “how do we prevent someone stealing our ideas? Should we get them all patented?”

Unfortunately, the answer to that isn’t so simple.

And that is because the current system for getting patents is in many ways no longer in line with how the world’s businesses work.

And worse than that, in many cases it is being abused by companies in ways which actually discourage innovation completely.

[...]

The issue seems to stem from the fact that the patent office just cannot check whether the people filing for a patent are in fact the original creators of the technology. For example, here is a patent granted to a person in 2002 for his description of “How to swing on a swing“.

[...]

If you want to prove that the patent was not valid, then the only way to prove that the lawsuit should not have happened in the first place is to have the legal system decide, analyse all the patents and claims, and determine once and for all whether the patent is valid.

This process can take 3+ years, and cost over $3 million.

This is much too expensive for most small companies to pay, so instead they are forced to pay the settlement claim to the patent troll.

[...]

A lot of the most innovative companies out there are making breakthroughs in the way we work, live and play using new software, whether we use it directly (a game on our phone) or to underpin their service (the vehicle prioritisation and routing within the Uber platform).

However, software is not always something that can be patented.

In some countries you can patent software (such as the USA, although this is often debated) while many other regions including most parts of Europe do not allow it.

As many software-based companies also operate on a global basis, this can make enforcement of patents extremely problematic, especially if software with different code is able to perform the same end-result.

In fact, there is a growing movement in Silicon Valley to open up patent portfolios and let anyone gain access to and build upon some of the most important software technology in the world. Echoing Henry Ford, who openly pined for the abolition of the patent system, Elon Musk has described patents as “intellectual property land mines” that inhibit progress.

That latter part speaks more specifically about software patents — a subject we shall focus on in our next post. Suffice to say, software patents are inherently incompatible with FOSS.

Convergence Between the EPO and the Media: ‘Managing IP’ as Battistelli and UPC Platform

Posted in Deception, Europe, Patents at 9:59 am by Dr. Roy Schestowitz

Time and space virtually ‘rented out’ to EPO management (another IAM-like propaganda mill in the making)

Managing IP and Battistelli

Summary: Managing IP reinforces the view or the perception that when it comes to the European Patent Office (EPO) it’s only a little better than an external PR department

THE EPO is wasting over a million Euros per year on spurious PR like pro-UPC events in another continent. There is also a lot of hogwash now that the EPO expels the independent judges or the boards they’re part of. Shortly after Battistelli was demolishing the boards and putting lipstick on the pig (see our translation of the hogwash) James Nurton is again, having done a softball ‘interview’ with Battistelli earlier this year in order to help him cover up/whitewash amid peak of a crisis (boiling point), jumping to his rescue. There is this new ‘Managing IP’ (MIP) nonsense titled “EPO President Battistelli on appeals reforms”. Why not just reprint a prepared (by the EPO’s PR team) ghostwritten piece? They frame this as an interview, but any fool can see what it really is. It’s supposedly behind a paywall (“$/trial,” as they put it in Twitter less than an hour ago), so the choir gets preferential access to the lies, the rest will find it harder to rebut (let alone see). This is a common tactic when suppressing criticism. The same goes for attendance at events where dissent is being discouraged/disallowed (e.g. by limiting who can speak and charging a furtune to attend, with exceptions/discounts to ‘desirable’ guests).

“…James Nurton is again, having done a softball ‘interview’ with Battistelli earlier this year in order to help him cover up/whitewash amid peak of a crisis (boiling point), jumping to his rescue.”What on Earth is happening to MIP? It’s even a multi-part Battistelli series, clearly prepared in advance to be released in conjunction with today’s UPC advocacy event. “This is the first of a two-part article,” Nurton wrote. “A further interview with Battistelli, on the social situation at the Office, will be published later this month.”

So, basically, they are planning to publish complete and utter lies like those we explained under an hour ago (the so-called 'social conference' and social report/study).

Shame on MIP. They’re not journalists, they’re actually Battistelli’s propagandists now. Some EPO staff is attending (not willfully) their UPC event, which they have advertised as follows: “Our #EUPatent16 forums take place this week in Munich (Tuesday) & Paris (Thursday) incl. panels on #UPC, #UnitaryPatent, #Brexit & #Frand”

This is a UPC promotion event. Make no mistake about it. Look who has speaking positions. It was mentioned here before, not just a month ago but also days ago. Hastags like #Brexit #EUPatent16 #UPC and #UnitaryPatent are being used by MIP to promote this and even #Frand (yes, the anti-FOSS, pro-software patents Trojan horse!)

“Come on,” they told me this morning. “We’re not in the business of promoting #UPC or #Unitarypatent – just providing a platform for discussion!”

“This is a UPC promotion event.”Yeah, right…

Another ‘conference’ brought to you by EPO, sort of…

“I can say very much the same,” said someone about the EPO a short while ago. “Management is loyal only to hidden agendas, power and weak moral.”

The problem is, MIP agreed to do the EPO management’s work. This shows that their integrity is flaky to say the least. They also profit from this event (over a thousand Euros for each person to attend a one-day event, assuming standard charges).

“I know you claim to have a neutral position,” I replied to them, “but the speakers’ lineup will likely omit any opponents,” as usual.

“They also profit from this event (over a thousand Euros for each person to attend a one-day event, assuming standard charges).”Well, perhaps foreseeing a backlash for licking Battistelli’s boot, MIP wrote to me this morning, hours before the puff piece and around the time the aforementioned event started.

“Disagree,” they added. “Based on our previous events, we expect a full range of views from speakers & audience. You should come to one!”

I replied with “€1095 for a one-day event about the #upc (plus plane tickets) [is] well beyond my means. Event for the rich to preach to the rich.”

“Our events are free for in-house counsel, academics & R&D professionals,” they replied. “Come next year as our guest!”

“We are very sad to see MIP becoming a lot more like IAM, which is the propaganda mill of Battistelli, still.”Well, being a guest at an event with thugs like Team Battistelli (and their bodyguards) doesn’t sound all that safe and besides, the place will be stuffed/stacked with pro-UPC people. It’s like entering the lion’s den.

We are very sad to see MIP becoming a lot more like IAM, which is the propaganda mill of Battistelli, still.

As an aside, the EPO’s PR people have been 'spamming' universities even today (this morning onwards). They don’t publicly mention or endorse MIP’s event, but it’s clear that they’re very much embedded in it. It’s not at all hard for outsiders to see.

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